Presidential Document2023-04470
Adjusting Imports of Aluminum Into the United States
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Published
March 2, 2023
Signed
February 24, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Presidential Documents]
[Pages 13267-13276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04470]
[[Page 13265]]
Vol. 88
Thursday,
No. 41
March 2, 2023
Part III
The President
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Proclamation 10522--Adjusting Imports of Aluminum Into the United
States
Proclamation 10523--Increasing Duties on Certain Articles From the
Russian Federation
Presidential Documents
Federal Register / Vol. 88 , No. 41 / Thursday, March 2, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 13267]]
Proclamation 10522 of February 24, 2023
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 most countries.
3. In Proclamation 9704, the President also directed
the Secretary to monitor imports of aluminum articles
and inform the President of any circumstances that in
the Secretary's opinion might indicate the need for
further action under section 232 of the Trade Expansion
Act of 1962, as amended, with respect to such imports.
4. The Secretary has informed me that the capacity
utilization in the domestic aluminum industry remains
well below the target capacity utilization level
recommended in the January 2018 report. The Secretary
has also informed me that two of the five remaining
aluminum smelters in the United States are in danger of
closing as a result of continued high levels of
aluminum imports and high energy prices.
5. In the Secretary's January 2018 report, the
Secretary recommended that the President consider
applying a higher tariff to a list of specific
countries should the President determine that all
countries should not be subject to the same tariff. One
of the countries on that list was the Russian
Federation (Russia). As the Secretary explained in that
report, Russia is among the major exporters of aluminum
to the United States for domestic consumption. While
aluminum imports from Russia have declined from the
volume in the Secretary's 2018 report, Russia remains
the fifth largest source of imported aluminum in the
United States, and the imports of aluminum from Russia
have increased in both 2021 and 2022. Distortions that
result from overcapacity threaten market-oriented
aluminum industries and Russia's aluminum industry in
particular is extremely export oriented, with Russia
being the largest exporter of unwrought aluminum in
2021 and Russian domestic consumption accounting for
just 22 percent of Russian production across 2021 and
2022. United States imports of Russian aluminum
increased by 53 percent between March and July 2022.
6. Russia continues its unjustified, unprovoked,
unyielding, and unconscionable war against Ukraine. The
Russian aluminum industry is a key part of Russia's
defense industrial base and has played a major role in
supplying Russia with weapons and ammunition used in
the war. In addition, Russia's
[[Page 13268]]
war against Ukraine has caused global energy prices to
rise, causing direct harm to the United States aluminum
industry.
7. To further reduce imports of aluminum articles and
increase domestic capacity utilization, I have
determined that it is necessary and appropriate to
impose:
(a) beginning on March 10, 2023, a 200 percent ad
valorem tariff on aluminum articles that are the
product of Russia and derivative aluminum articles that
are the product of Russia; and
(b) beginning on April 10, 2023, a 200 percent ad
valorem tariff on aluminum articles where any amount of
primary aluminum used in the manufacture of the
aluminum articles is smelted in Russia, or the aluminum
articles are cast in Russia, and derivative aluminum
articles where any amount of primary aluminum used in
the manufacture of the derivative aluminum articles is
smelted in Russia, or the derivative aluminum articles
are cast in Russia.
(c) ``Primary aluminum'' is defined as new aluminum
metal that is produced from alumina (or aluminum oxide)
by the electrolytic Hall-Heroult process.
8. The Secretary has advised me that the tariff
adjustment described in paragraph 7 of this
proclamation will be a significant step toward ensuring
the viability of the domestic aluminum industry.
9. In adopting the tariff adjustment described in
paragraph 7 of this proclamation, I recognize that
concerns about aluminum imports from Russia and their
impact on our national security are shared by other
countries, and that we need to work together with our
partners to ensure that the global market distortions
caused by Russian aluminum articles do not distort our
markets and threaten our national security. Any country
that imposes a tariff of 200 percent or more on its
imports of aluminum articles that are products of
Russia may be exempt from the tariff imposed by this
proclamation.
10. 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.
11. 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) In order to establish increases in the duty rate on imports of aluminum
articles that are the product of Russia, or where any amount of primary
aluminum used in the manufacture of the aluminum articles is smelted in
Russia, or the aluminum articles are cast in Russia, subchapter III of
chapter 99 of the HTSUS is modified as provided in the Annex to this
proclamation. In order to establish increases in the duty rate on imports
of derivative aluminum articles that are the product of Russia, or where
any amount of primary aluminum used in the manufacture of the derivative
aluminum articles is smelted in Russia, or the derivative aluminum articles
are cast in Russia, subchapter III of chapter 99 of the HTSUS is modified
as provided in the Annex to this proclamation.
(2) Clause 2 of Proclamation 9704, as amended, is further amended in the
second sentence by deleting ``and'' before ``(i)'' and inserting before
[[Page 13269]]
the period at the end: ``, and (j) on or after 12:01 a.m. eastern standard
time on March 10, 2023, 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, from the United
Kingdom, for aluminum articles covered by headings 9903.85.25 through
9903.85.44, inclusive, and from Russia. Further, except as otherwise
provided in notices published pursuant to clause 3 of this proclamation,
aluminum articles imports covered by clause 1 of this proclamation that are
products of Russia shall be subject to a 200 percent ad valorem rate of
duty with respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern standard time on
March 10, 2023; and aluminum articles imports covered by clause 1 of this
proclamation where any amount of primary aluminum used in the manufacture
of the aluminum articles is smelted in Russia, or the aluminum articles are
cast in Russia, shall be subject to a 200 percent ad valorem rate of duty
with respect to goods entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern daylight time on April 10,
2023.'' Clause 2 of Proclamation 9704, as amended, is further amended by
deleting the last sentence and inserting in lieu thereof: ``These rates of
duty, which are in addition to any other duties, fees, exactions, and
charges applicable to such imported aluminum articles, shall apply to
imports of aluminum articles from each country as specified in the
preceding two sentences.''
(3) The first two sentences of clause 1 of Proclamation 9980 of January 24,
2020 (Adjusting Imports of Derivative Aluminum Articles and Derivative
Steel Articles Into the United States), are revised to read as follows:
``In order to establish increases in the duty rate on imports of certain
derivative articles, subchapter III of chapter 99 of the HTSUS is modified
as provided in the Annex to this proclamation. Except as otherwise provided
in this proclamation, all imports of derivative aluminum articles specified
in the Annex to this proclamation shall be subject to an additional 10
percent ad valorem rate of duty, and all imports of derivative steel
articles specified in the Annex to this proclamation shall be subject to an
additional 25 percent ad valorem rate of duty, with respect to goods
entered for consumption, or withdrawn from warehouse for consumption, as
follows: (i) on or after 12:01 a.m. eastern standard time on February 8,
2020, these rates of duty, which are in addition to any other duties, fees,
exactions, and charges applicable to such imported derivative aluminum
articles or steel articles, shall apply to imports of derivative aluminum
articles described in the Annex to this proclamation from all countries
except Argentina, the Commonwealth of Australia (Australia), Canada, and
the United Mexican States (Mexico) and to imports of derivative steel
articles described in the Annex to this proclamation from all countries
except Argentina, Australia, Brazil, Canada, Mexico, and South Korea; (ii)
on or after 12:01 a.m. eastern standard time on January 1, 2022, these
rates of duty, which are in addition to any other duties, fees, exactions,
and charges applicable to such imported derivative aluminum articles or
steel articles, shall apply to imports of derivative aluminum articles
described in the Annex to this proclamation from all countries except
Argentina, Australia, Canada, the member countries of the European Union,
and Mexico and to imports of derivative steel articles described in the
Annex to this proclamation from all countries except Argentina, Australia,
Brazil, Canada, the member countries of the European Union, Mexico, and
South Korea; (iii) on or after 12:01 a.m. eastern daylight time on April 1,
2022, these rates of duty, which are in addition to any other duties, fees,
exactions, and charges applicable to such imported derivative aluminum
articles or steel articles, shall apply to imports of derivative aluminum
articles described in the Annex to this proclamation from all countries
except Argentina, Australia, Canada, the member countries of the European
Union, and Mexico and to imports of derivative steel articles described in
the Annex to this proclamation from all countries
[[Page 13270]]
except Argentina, Australia, Brazil, Canada, the member countries of the
European Union, Japan, Mexico, and South Korea; (iv) on or after 12:01 a.m.
eastern daylight time on June 1, 2022, these rates of duty, which are in
addition to any other duties, fees, exactions, and charges applicable to
such imported derivative aluminum articles or steel articles, shall apply
to imports of derivative aluminum articles described in the Annex to this
proclamation from all countries except Argentina, Australia, Canada, the
member countries of the European Union, and Mexico, and to imports of
derivative steel articles described in the Annex to this proclamation from
all countries except Argentina, Australia, Brazil, Canada, the member
countries of the European Union, Japan, Mexico, and South Korea, and except
from Ukraine through 11:59 p.m. eastern daylight time on June 1, 2023; (v)
on or after 12:01 a.m. eastern daylight time on June 1, 2022, these rates
of duty, which are in addition to any other duties, fees, exactions, and
charges applicable to such imported derivative aluminum articles or steel
articles, shall apply to imports of derivative aluminum articles described
in the Annex to this proclamation from all countries except Argentina,
Australia, Canada, the member countries of the European Union, Mexico, and
the UK, and to imports of derivative steel articles described in the Annex
to this proclamation from all countries except Argentina, Australia,
Brazil, Canada, the member countries of the European Union, Japan, Mexico,
South Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern
daylight time on June 1, 2023; and (vi) on or after 12:01 a.m. eastern
standard time on March 10, 2023, these rates of duty, which are in addition
to any other duties, fees, exactions, and charges applicable to such
imported derivative aluminum articles or steel articles, shall apply to
imports of derivative aluminum articles described in the Annex to this
proclamation from all countries except Argentina, Australia, Canada, the
member countries of the European Union, Mexico, the UK, and Russia, and to
imports of derivative steel articles described in the Annex to this
proclamation from all countries except Argentina, Australia, Brazil,
Canada, the member countries of the European Union, Japan, Mexico, South
Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern
daylight time on June 1, 2023. Further, except as otherwise provided in
this proclamation, all imports of derivative aluminum articles specified in
the Annex to this proclamation that are the product of Russia shall be
subject to a 200 percent ad valorem rate of duty with respect to goods
entered for consumption, or withdrawn from warehouse for consumption, on or
after 12:01 a.m. eastern standard time on March 10, 2023; and all imports
of derivative aluminum articles specified in the Annex to this proclamation
where any amount of primary aluminum used in the manufacture of the
derivative aluminum articles is smelted in Russia, or the derivative
aluminum articles are cast in Russia, shall be subject to a 200 percent ad
valorem rate of duty with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern
daylight time on April 10, 2023. Primary aluminum is defined as new
aluminum metal that is produced from alumina (or aluminum oxide) by the
electrolytic Hall-Heroult process.''
(4) For purposes of implementing the duty increases in this proclamation,
importers shall provide to U.S. Customs and Border Protection (CBP)
information necessary to identify the countries where the primary aluminum
used in the manufacture of aluminum articles imports, covered by clause 1
of Proclamation 9704, and derivative aluminum articles, specified in Annex
I of Proclamation 9980, are smelted and information necessary to identify
the countries where such aluminum articles imports and derivative aluminum
articles are cast. CBP shall implement the smelt and cast information
requirements as soon as practicable.
(5) The modifications to the HTSUS made by 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.
[[Page 13271]]
eastern standard time on March 10, 2023, and shall continue in effect,
unless such actions are expressly reduced, modified, or terminated.
(6) Any imports of aluminum articles that are the product of Russia shall
not be eligible for any General Approved Exclusions as set forth in
supplement number 3 to part 705 of title 15 of the Code of Federal
Regulations if entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern standard time on March 10,
2023, and any imports of aluminum articles where any amount of primary
aluminum used in the manufacture of the aluminum articles is smelted in
Russia, or the aluminum articles are cast in Russia, shall not be eligible
for any General Approved Exclusions as set forth in supplement number 3 to
part 705 of title 15 of the Code of Federal Regulations if entered for
consumption, or withdrawn from warehouse for consumption, on or after 12:01
a.m. eastern daylight time on April 10, 2023. Any imports of derivative
aluminum articles that are the product of Russia shall not be eligible for
any General Approved Exclusions as set forth in supplement number 3 to part
705 of title 15 of the Code of Federal Regulations if entered for
consumption, or withdrawn from warehouse for consumption, on or after 12:01
a.m. eastern standard time on March 10, 2023, and any imports of derivative
aluminum articles where any amount of primary aluminum used in the
manufacture of the derivative aluminum articles is smelted in Russia, or
the derivative aluminum articles are cast in Russia shall not be eligible
for any General Approved Exclusions as set forth in supplement number 3 to
part 705 of title 15 of the Code of Federal Regulations if entered for
consumption, or withdrawn from warehouse for consumption, on or after 12:01
a.m. eastern daylight time on April 10, 2023.
(7) Any imports of aluminum articles that are the product of Russia shall
not be eligible for in-quota treatment for any quota or tariff-rate quota
maintained under the authority of section 232 of the Trade Expansion Act of
1962, as amended, if entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern standard time on March 10,
2023, and any imports of aluminum articles where any amount of primary
aluminum used in the manufacture of the aluminum articles is smelted in
Russia, or the aluminum articles are cast in Russia shall not be eligible
for in-quota treatment for any quota or tariff-rate quota maintained under
the authority of section 232 of the Trade Expansion Act of 1962, as
amended, if entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time on April 10,
2023.
(8) Any imports of aluminum articles or derivative aluminum articles that
are the product of Russia, where any amount of primary aluminum used in the
manufacture of the aluminum articles or derivative aluminum articles is
smelted in Russia, or the aluminum articles or derivative aluminum articles
are cast in Russia, that were admitted into a U.S. foreign trade zone under
``privileged foreign status'' as defined in 19 CFR 146.41, shall be subject
upon entry for consumption made on or after 12:01 a.m. eastern standard
time on March 10, 2023, to the provisions of the tariff in effect at the
time of the entry for consumption.
(9) 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.
[[Page 13272]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-fourth day of February, in the year of our Lord
two thousand twenty-three, and of the Independence of
the United States of America the two hundred and forty-
seventh.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F3-P
[[Page 13273]]
[GRAPHIC] [TIFF OMITTED] TD02MR23.043
[[Page 13274]]
[GRAPHIC] [TIFF OMITTED] TD02MR23.044
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[GRAPHIC] [TIFF OMITTED] TD02MR23.045
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[GRAPHIC] [TIFF OMITTED] TD02MR23.046
[FR Doc. 2023-04470
Filed 3-1-23; 11:15 a.m.]
Billing code 7020-02-C
</pre></body>
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