Presidential Documents

6825 

Federal Register 

Vol. 86, No. 14 

Monday, January 25, 2021 

Title 3— 

The President 

Proclamation 10139 of January 19, 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 me a report on his 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 me of his opinion that aluminum articles 

were 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), I concurred in the Secretary’s finding that aluminum 

articles were 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, 

as defined in clause 1 of Proclamation 9704, by imposing a 10 percent 

ad valorem tariff on such articles imported from most countries. I 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. I also 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 I determine that imports from that country no longer 

threaten to impair the national security, I may remove or modify the restriction on aluminum article imports from that country and, if necessary, make 

corresponding adjustments to the tariff as it applies to other countries as 

the national security interests of the United States require. 

3. The United States has an important security relationship with the United 

Arab Emirates, including our shared commitment to supporting each other 

in addressing national security concerns in the Middle East, particularly 

in countering Iran’s malign influence there; combatting violent extremism 

around the world; and maintaining the strong economic ties between our 

countries. 

4. In light of the foregoing, the United States has engaged in discussions 

with the United Arab Emirates on alternative means to address the threatened 

impairment to our national security posed by aluminum article imports 

from the United Arab Emirates. On the basis of these discussions, the United 

States and the United Arab Emirates have now agreed on satisfactory alternative means to address this threat. 

5. The United States has successfully concluded discussions with the United 

Arab Emirates on satisfactory alternative means to address the threatened 

impairment of the national security posed by aluminum imports from the 

United Arab Emirates, specifically a quota restricting the quantity of aluminum articles imported into the United States from the United Arab Emirates. This measure is expected to allow imports of aluminum from the 

United Arab Emirates to remain close to historical levels without meaningful 

increases, thus making it more likely that domestic capacity utilization will 


jbell on DSKJLSW7X2PROD with PRESDOC0
6826 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 

be reasonably commensurate with the target level recommended in the Secretary’s report. In my judgment, this measure will provide effective, longterm alternative means to address the contribution of the United Arab Emirates to the threatened impairment to our national security by restraining 

aluminum article exports from the United Arab Emirates to the United 

States, limiting export surges by the United Arab Emirates, and discouraging 

excess aluminum capacity and excess aluminum production. In light of 

this agreement, I have determined that aluminum article imports from the 

United Arab Emirates will no longer threaten to impair the national security 

and have decided to exclude the United Arab Emirates from the tariff proclaimed in Proclamation 9704. The United States will monitor the implementation and effectiveness of the measure agreed with the United Arab Emirates 

in addressing our national security needs, and this determination may be 

revisited, as appropriate. 

6. In light of my determination to exclude the United Arab Emirates from 

the tariff proclaimed in Proclamation 9704, as amended, 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, in light of the agreed-upon 

measure with the United Arab Emirates, 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, DONALD J. TRUMP, 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 ‘‘(g)’’ and inserting before 

the period at the end: ‘‘, and (h) on or after 12:01 a.m. eastern standard 

time on February 3, 2021, from all countries except Argentina, Australia, 

Canada, Mexico, and the United Arab Emirates.’’. 

(2) Clauses 1 and 4 of Proclamation 9776 of August 29, 2018 (Adjusting 

Imports of Aluminum Into the United States) are amended by replacing, 

in each instance, ‘‘subheadings 9903.85.05 and 9903.85.06’’ with ‘‘subheadings 9903.85.05 through 9903.85.08’’. 

(3) The ‘‘Article Description’’ for subheading 9903.85.01 of the HTSUS 

is amended by replacing ‘‘of Argentina, of Australia, of Canada, of Mexico’’ 

with ‘‘of Argentina, of Australia, of Canada, of Mexico, of the United Arab 

Emirates’’. 

(4) The superior text to subheading 9903.85.11 of the HTSUS is amended 

by replacing ‘‘of Argentina’’ with ‘‘of Argentina and of the United Arab 

Emirates’’, and the ‘‘Article Description’’ for subheading 9903.85.11 of the 

HTSUS is amended by replacing ‘‘9903.85.05 and 9903.85.06’’ with 

‘‘9903.85.05 through 9903.85.08’’. 

(5) In order to implement quantitative limitations on aluminum article 

imports from the United Arab Emirates, subchapter III of chapter 99 of 

the HTSUS is amended as provided for in Part A of the Annex to this 

proclamation. For purposes of administering these quantitative limitations, 

the annual aggregate limits set out in Part B of the Annex to this proclamation 


jbell on DSKJLSW7X2PROD with PRESDOC0
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 6827 

shall apply for the period starting with calendar year 2021 and for subsequent 

years, unless modified or terminated. The quantitative limitations for the 

United Arab Emirates, which for calendar year 2021 shall take into account 

all aluminum article imports since January 1, 2021, shall be effective for 

aluminum articles entered for consumption, or withdrawn from warehouse 

for consumption, on or after 12:01 a.m. eastern standard time on February 

3, 2021, and shall be implemented by U.S. Customs and Border Protection 

(CBP) of the Department of Homeland Security as soon as practicable. The 

Secretary shall monitor the implementation of these quantitative limitations 

and shall, in consultation with the United States Trade Representative, inform 

the President of any circumstance that in the Secretary’s opinion might 

indicate that an adjustment of the quantitative limitations is necessary. 

(6) The modifications made by clauses 1 through 5 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 February 3, 2021, and 

shall continue in effect, unless such actions are expressly reduced, modified, 

or terminated. 

(7) Any imports of aluminum articles from the United Arab Emirates 

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 standard 

time on February 3, 2021, shall not be subject, upon entry for consumption 

made on or after that date and time, to the additional 10 percent ad valorem 

rate of duty imposed by Proclamation 9704, as amended, and shall be 

subject to the quantitative limitations established in this proclamation. 

(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 nineteenth day 

of January, in the year of our Lord two thousand and twenty-one, and 

of the Independence of the United States of America the two hundred 

and forty-fifth. 

Billing code 3295–F1–P 


jbell on DSKJLSW7X2PROD with PRESDOC0Trump.EPS</GPH>
6828 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 


jbell on DSKJLSW7X2PROD with PRESDOC0ED25JA21.000</GPH>
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 6829 


jbell on DSKJLSW7X2PROD with PRESDOC0ED25JA21.001</GPH>
6830 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 


jbell on DSKJLSW7X2PROD with PRESDOC0ED25JA21.002</GPH>
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 6831 

[FR Doc. 2021–01711 

Filed 1–22–21; 8:45 am] 

Billing code 7020–02–C 


jbell on DSKJLSW7X2PROD with PRESDOC0ED25JA21.003</GPH>