Presidential Document2021-28514
Adjusting Imports of Aluminum Into the United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2022
Signed
December 27, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Presidential Documents]
[Pages 1-9]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28514]
Presidential Documents
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 1]]
Proclamation 10327 of December 27, 2021
Adjusting Imports of Aluminum Into the United
States
By the President of the United States of America
A Proclamation
1. On January 19, 2018, the Secretary of Commerce
(Secretary) transmitted to the President a report on
the Secretary's investigation into the effect of
imports of aluminum articles on the national security
of the United States under section 232 of the Trade
Expansion Act of 1962, as amended (19 U.S.C. 1862). The
Secretary found and advised the President of his
opinion that aluminum articles are being imported into
the United States in such quantities and under such
circumstances as to threaten to impair the national
security of the United States.
2. In Proclamation 9704 of March 8, 2018 (Adjusting
Imports of Aluminum Into the United States), the
President concurred in the Secretary's finding that
aluminum articles are being imported into the United
States in such quantities and under such circumstances
as to threaten to impair the national security of the
United States, and decided to adjust the imports of
aluminum articles by imposing a 10 percent ad valorem
tariff on such articles imported from all countries
except Canada and Mexico. Proclamation 9704 further
stated that any country with which we have a security
relationship is welcome to discuss with the United
States alternative ways to address the threatened
impairment of the national security caused by imports
from that country, and noted that, should the United
States and any such country arrive at a satisfactory
alternative means to address the threat to the national
security such that the President determines that
imports from that country no longer threaten to impair
the national security, the President may remove or
modify the restriction on aluminum articles imports
from that country and, if necessary, adjust the tariff
as it applies to other countries, as the national
security interests of the United States require.
3. In Proclamation 9710 of March 22, 2018 (Adjusting
Imports of Aluminum Into the United States), the
President noted the continuing discussions with the
European Union (EU) on behalf of its member countries
on satisfactory alternative means to address the
threatened impairment to the national security by
aluminum articles imported from the EU. Recognizing
that the EU has an important security relationship with
the United States, the President determined that the
necessary and appropriate means to address the threat
to the national security posed by imports of aluminum
articles from the member countries of the EU was to
continue the ongoing discussions and to exempt aluminum
articles imports from these countries from the tariff
proclaimed in Proclamation 9704 until May 1, 2018. In
Proclamation 9739 of April 30, 2018 (Adjusting Imports
of Aluminum Into the United States), the President
noted that, unless the President determines by further
proclamation that the United States has reached a
satisfactory alternative means to remove the threatened
impairment to the national security by imports of
aluminum articles from the member countries of the EU,
the tariff proclaimed in Proclamation 9704 shall be
effective June 1, 2018, for these countries.
4. The United States has successfully concluded
discussions with the EU on behalf of its member
countries on satisfactory alternative means to address
the threatened impairment of the national security
posed by aluminum
[[Page 2]]
articles imports from the EU. The United States and the
EU have agreed to expand coordination involving trade
remedies and customs matters, monitor bilateral steel
and aluminum trade, cooperate on addressing non-market
excess capacity, and annually review their arrangement
and their ongoing cooperation. In addition, the United
States and the EU will seek to conclude, by October 31,
2023, negotiations on global steel and aluminum
arrangements to restore market-oriented conditions and
support the reduction of carbon intensity of steel and
aluminum across modes of production.
5. The United States will implement a number of
actions, including a tariff-rate quota that restricts
the quantity of aluminum articles imported into the
United States from the EU without the application of
the tariff proclaimed in Proclamation 9704. Under the
arrangement, aluminum articles that area accompanied by
a certificate of analysis are eligible for in-quota
treatment. In my judgment, these measures will provide
an effective, long-term alternative means to address
any contribution by EU aluminum articles imports to the
threatened impairment to the national security by
restraining aluminum articles imports to the United
States from the EU, limiting transshipment, and
discouraging excess aluminum capacity and production.
In light of this agreement, I have determined that
specified volumes of eligible aluminum articles imports
from the EU will no longer threaten to impair the
national security and have decided to exclude such
imports from the EU up to a designated quota from the
tariff proclaimed in Proclamation 9704 through December
31, 2023. The United States will monitor the
implementation and effectiveness of the tariff-rate
quota and other measures agreed upon with the EU in
addressing our national security needs, and I may
revisit this determination, as appropriate.
6. The alternative means, including the tariff-rate
quota, align with the recommendations specified in the
Secretary's report assessing the effect of imports of
aluminum articles on the national security of the
United States under section 232. The agreed-upon
aggregate tariff-rate quota volume, totaling 18,000
metric tons of unwrought aluminum and 366,040 metric
tons of semi-finished wrought aluminum, is consistent
with the objective of reaching and sustaining a
sufficient capacity utilization rate in the domestic
aluminum industry.
7. In light of my determination to adjust the tariff
proclaimed in Proclamation 9704 as applied to eligible
aluminum articles imports from the EU, I have
considered whether it is necessary and appropriate in
light of our national security interests to make any
corresponding adjustments to such tariff as it applies
to other countries. I have determined that it is
necessary and appropriate, at this time, to maintain
the current tariff level as it applies to other
countries.
8. Section 232 of the Trade Expansion Act of 1962, as
amended, authorizes the President to adjust the imports
of an article and its derivatives that are being
imported into the United States in such quantities or
under such circumstances as to threaten to impair the
national security.
9. Section 604 of the Trade Act of 1974, as amended (19
U.S.C. 2483), authorizes the President to embody in the
Harmonized Tariff Schedule of the United States (HTSUS)
the substance of statutes affecting import treatment,
and actions thereunder, including the removal,
modification, continuance, or imposition of any rate of
duty or other import restriction.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of
the United States of America, by the authority vested
in me by the Constitution and the laws of the United
States of America, including section 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title
3, United States Code, and section 604 of the Trade Act
of 1974, as amended, do hereby proclaim as follows:
(1) To establish a tariff-rate quota on imports of
aluminum articles from member countries of the EU as
described in paragraph 5 of this proclamation, U.S.
note 19 to subchapter III of chapter 99 of the HTSUS is
amended
[[Page 3]]
as provided for in the Annex to this proclamation.
Imports of aluminum articles from member countries of
the EU in excess of the tariff-rate quota quantities
shall remain subject to the duties imposed by clause 2
of Proclamation 9704, as amended. The Secretary, in
consultation with the United States Trade
Representative and the Secretary of Homeland Security,
shall recommend to the President, as warranted, updates
to the in-quota volumes contained in the Annex to this
proclamation. Aluminum articles from a member country
of the EU imported under an exclusion granted pursuant
to clause 3 of Proclamation 9704, as amended, shall
count against the in-quota volume of the tariff-rate
quota established in clause 1 of this proclamation.
(2) Clause 2 of Proclamation 9704, as amended, is
further amended in the second sentence by deleting
``and'' before ``(g)'' and inserting before the period
at the end: ``, and (h) on or after 12:01 a.m. eastern
standard time on January 1, 2022, from all countries
except Argentina, Australia, Canada, Mexico, and except
the member countries of the European Union through
11:59 p.m. eastern standard time on December 31, 2023,
for aluminum articles covered by headings 9903.85.25
through 9903.85.44, inclusive.''
(3) Aluminum articles eligible for treatment under
clause 1 of this proclamation must be accompanied by a
certificate of analysis in order to receive such
treatment. The Secretary, in consultation with the
Secretary of Homeland Security and the United States
Trade Representative, is authorized to take such
actions as are necessary to ensure compliance with this
requirement. Failure to comply could result in
applicable remedies or penalties under United States
law.
(4) The modifications made by clauses 1 through 3
of this proclamation and the Annex to this proclamation
shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern standard
time on January 1, 2022, and shall continue in effect,
unless such actions are expressly reduced, modified, or
terminated.
(5) Any imports of aluminum articles from the
member countries of the EU that were admitted into a
United States foreign trade zone in ``privileged
foreign status'' as defined in 19 CFR 146.41, prior to
12:01 a.m. eastern standard time on January 1, 2022,
shall be subject upon entry for consumption made on or
after 12:01 a.m. eastern standard time on January 1,
2022, to the provisions of the tariff-rate quota in
effect at the time of the entry for consumption.
(6) Any provision of previous proclamations and
Executive Orders that is inconsistent with the actions
taken in this proclamation is superseded to the extent
of such inconsistency.
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IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-seventh day of December, in the year of our Lord
two thousand twenty-one, and of the Independence of the
United States of America the two hundred and forty-
sixth.
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[FR Doc. 2021-28514
Filed 12-30-21; 8:45 am]
Billing code 7020-02-C
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</html>Indexed from Federal Register on January 3, 2022.
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