Presidential Document2022-12097
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
June 3, 2022
Signed
May 31, 2022
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Presidential Documents]
[Pages 33583-33589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12097]
Presidential Documents
Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 33583]]
Proclamation 10405 of May 31, 2022
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. The proclamation 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. The United States has successfully concluded
discussions with the United Kingdom (UK) on
satisfactory alternative means to address the
threatened impairment to our national security posed by
aluminum articles imports from the UK. The United
States and the UK 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 carbon
intensity in these sectors, annually review their
arrangement and their ongoing cooperation, and confer
on market-distorting influence or ownership in the
steel and aluminum industries. The United States will
monitor the implementation and effectiveness of the
measures agreed upon with the UK in addressing our
national security needs, and I may revisit this
determination, as appropriate.
4. 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 UK without the application of
the tariff proclaimed in Proclamation 9704. Under the
arrangement, aluminum articles, except semi-finished
wrought aluminum articles, that are accompanied by a
certificate of analysis are eligible for in-quota
treatment. In order to be eligible for in-quota
treatment, semi-finished wrought aluminum articles must
be accompanied by a certificate of analysis and must
not contain primary aluminum from the People's Republic
of China, the Russian Federation,
[[Page 33584]]
or the Republic of Belarus. In my judgment, these
measures will provide an effective, long-term
alternative means to address any contribution by UK
aluminum articles imports to the threatened impairment
to our national security by restraining aluminum
articles imports to the United States from the UK,
limiting transshipment, and discouraging excess
capacity and excess aluminum production. In light of
this agreement, I have determined that specified
volumes of eligible aluminum articles imports from the
UK will no longer threaten to impair the national
security and have decided to exclude such imports from
the UK up to a designated quota from the tariff
proclaimed in Proclamation 9704. The United States will
monitor the implementation and effectiveness of the
tariff-rate quota and other measures agreed upon with
the UK in addressing our national security needs, and I
may revisit this determination, as appropriate.
5. The alternative means, including the tariff-rate
quota, are consistent with the recommendations
specified in the original 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. The agreed-
upon aggregate tariff-rate quota volume, totaling 900
metric tons of unwrought aluminum, 11,400 metric tons
of semi-finished wrought aluminum other than foil, and
9,300 metric tons of foil, is consistent with the
objective of reaching and sustaining a sufficient
capacity utilization rate in the domestic aluminum
industry.
6. In light of my determination to adjust the tariff
proclaimed in Proclamation 9704 as applied to eligible
aluminum articles imports from the UK, 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.
7. 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.
8. 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
eligible aluminum articles from the UK as set forth in
paragraph 4 of this proclamation, U.S. Note 19 of
subchapter III of chapter 99 of the HTSUS is amended as
provided for in the Annex to this proclamation. Imports
of aluminum articles from the UK 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
the UK 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 ``(h)'' and inserting before the period
at the end: ``, and (i) on or after 12:01 a.m. eastern
daylight
[[Page 33585]]
time on June 1, 2022, from all countries except
Argentina, Australia, Canada, Mexico, and from the
member countries of the European Union through 11:59
p.m. eastern standard time on December 31, 2023, and
from the United Kingdom, 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. Eligible semi-finished wrought aluminum
articles must not contain primary aluminum from the
People's Republic of China, the Russian Federation, or
the Republic of Belarus. 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 to the HTSUS made by clause 1
of 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 daylight time on June 1, 2022, and shall
continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(5) Any imports of aluminum articles from the UK
that were admitted into a U.S. foreign trade zone under
``privileged foreign status'' as defined in 19 CFR
146.41, prior to 12:01 a.m. eastern daylight time on
June 1, 2022, shall be subject upon entry for
consumption made on or after 12:01 a.m. eastern
daylight time on June 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.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of May, in the year of our Lord two
thousand twenty-two, and of the Independence of the
United States of America the two hundred and forty-
sixth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F2-P
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[FR Doc. 2022-12097
Filed 6-2-22; 8:45 am]
Billing code 7020-02-C
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</html>Indexed from Federal Register on June 3, 2022.
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