Presidential Document2023-28995
Adjusting Imports of Aluminum Into the United States
Primary source
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Published
January 3, 2024
Signed
December 28, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Presidential Documents]
[Pages 223-226]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28995]
Presidential Documents
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 223]]
Proclamation 10690 of December 28, 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 (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 the United States has a security relationship is
welcome to discuss 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 clause 2 of Proclamation 9704
shall be effective June 1, 2018, for these countries.
4. In Proclamation 10327 of December 27, 2021
(Adjusting Imports of Aluminum Into the United States),
I noted that the United States successfully concluded
discussions with the EU on behalf of the EU's member
countries
[[Page 224]]
on satisfactory alternative means to address the
threatened impairment of the national security posed by
aluminum articles imports from the EU. The United
States and the EU 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 agreed to
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. Pursuant to the agreement described in Proclamation
10327, the United States implemented 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. I concluded
that these measures 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 also determined that specified volumes of
eligible aluminum articles imports from the EU no
longer threaten to impair the national security and
decided to exclude such imports from the EU up to a
designated quota from the tariff proclaimed in
Proclamation 9704 through December 31, 2023. I also
found that 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.
6. During the past 2 years, the United States and the
EU have made substantial progress to identify the
sources of non-market excess capacity and the actions
needed to address distortions resulting from that non-
market excess capacity. The United States and the EU
are continuing their discussions on global steel and
aluminum arrangements to restore market-oriented
conditions in their steel and aluminum sectors and
support the reduction of the greenhouse gas emissions
intensity of steel and aluminum across all modes of
production. These discussions are anticipated to
include alternative measures to prevent imports of
aluminum from the EU from threatening the national
security of the United States.
7. In light of the ongoing discussions and joint
actions pursuant to the agreement described in
Proclamation 10327, I have 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 is to
continue the discussions and joint actions with the EU
and to extend the 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. In order to be
eligible for in-quota treatment, all imports of
aluminum articles from the EU must be accompanied by a
certificate of analysis. 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 of the national
security by restraining aluminum articles imports to
the United States from the EU, limiting transshipment,
discouraging excess aluminum capacity and production,
and strengthening the United States-EU partnership in a
fashion that will better enable future arrangements.
8. In light of the ongoing discussions and joint
actions taken pursuant to the agreement described in
Proclamation 10327, 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,
2025. The United
[[Page 225]]
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.
9. The alternative means, including the tariff-rate
quota, align 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 specified in the 2021
agreement between the United States and the EU,
totaling 18,000 metric tons of unwrought aluminum and
366,040 metric tons of semi-finished wrought aluminum,
remains consistent with the objective of reaching and
sustaining a sufficient capacity utilization rate in
the domestic aluminum industry.
10. 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.
11. 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.
12. 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) Clause 2 of Proclamation 9704, as amended, is further amended in the
second sentence by deleting ``and'' before ``(j)'' and inserting before the
period at the end: ``, and (k) 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, 2025, from the United Kingdom,
for aluminum articles covered by headings 9903.85.25 through 9903.85.44,
inclusive, and from Russia.''
(2) 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 this proclamation.
(3) 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
implemented in Proclamation 10327 and extended in this proclamation.
(4) Aluminum articles eligible for in-quota treatment under the tariff-rate
quota implemented in Proclamation 10327 and extended in 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
[[Page 226]]
requirement. Failure to comply could result in applicable remedies or
penalties under United States law.
(5) U.S. note 19(a)(v) to subchapter III of chapter 99 of the HTSUS is
amended by inserting, after the last sentence of the first paragraph, the
sentence ``A Certificate of Analysis for a smelted (unalloyed) primary
aluminum used in a product imported under the above subheadings, or such
other information as may be required by U.S. Customs and Border Protection,
must be supplied by the importer in order to make entry under this
subdivision.''
(6) The modifications made by 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,
2024, and shall continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(7) 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, 2024, shall be subject upon entry for
consumption made on or after 12:01 a.m. eastern standard time on January 1,
2024, to the provisions of the tariff-rate quota in effect at the time of
the entry for consumption.
(8) 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
twenty-eighth day of December, 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-
eighth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2023-28995
Filed 1-2-24; 8:45 am]
Billing code 3395-F4-P
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</html>Indexed from Federal Register on January 3, 2024.
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