Presidential Documents

8265 

Federal Register 

Vol. 86, No. 22 

Thursday, February 4, 2021 

Title 3— 

The President 

Proclamation 10144 of February 1, 2021 

Adjusting Imports of Aluminum Into the United States 

By the President of the United States of America 

A Proclamation 

1. Proclamation 10139 of January 19, 2021 (Adjusting Imports of Aluminum 

Into the United States), amended Proclamation 9704 (Adjusting Imports of 

Aluminum Into the United States), as amended, with respect to tariffs on 

certain imports of aluminum articles proclaimed under section 232 of the 

Trade Expansion Act, as amended (19 U.S.C. 1862). Proclamation 10139 

provides that those amendments will not take effect until 12:01 a.m. on 

February 3, 2021. 

2. I consider it is necessary and appropriate in light of our national security 

interests to maintain, at this time, the tariff treatment applied to aluminum 

article imports from the United Arab Emirates (UAE) under Proclamation 

9704, as amended, as they are currently in effect as of this date. Accordingly, 

and as provided for in clause (6) of Proclamation 10139, I am terminating 

the modifications contained in that proclamation before they take effect. 

3. Proclamation 9704 applied tariffs to help ensure the economic viability 

of the domestic aluminum industry—an industry that the Secretary of Commerce had previously identified as essential to our critical industries and 

national defense. Because robust domestic aluminum production capacity 

is essential to meet our current and future national security needs, Proclamation 9704 aimed to revive idled aluminum facilities, open closed smelters 

and mills, preserve necessary skills, and maintain or increase domestic 

production by reducing United States reliance on foreign producers. 

4. In my view, the available evidence indicates that imports from the UAE 

may still displace domestic production, and thereby threaten to impair our 

national security. Proclamation 9704 authorized the Secretary of Commerce 

to grant exclusions from the aluminum tariffs based on specific national 

security considerations or if specific imported aluminum articles were determined not to be produced sufficiently in the United States, such that the 

imports would not diminish domestic production. Tellingly, there have been 

33 such exclusion requests for aluminum imported from the UAE, covering 

587,007 metric tons of articles, and the Secretary of Commerce has denied 

32 of those requests, covering 582,007 metric tons. This indicates the large 

degree of overlap between imports from the UAE and what our domestic 

industry is capable of producing. 

5. Since the tariff on aluminum imports was imposed, such imports substantially decreased, including a 25 percent reduction from the UAE, and domestic aluminum production increased by 22 percent through 2019, before the 

coronavirus pandemic began. In light of that history, I believe that maintaining the tariff is likely to be more effective in protecting our national security 

than the untested quota described in Proclamation 10139. 

6. 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. 

7. 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 


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8266 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Presidential Documents 

the United States 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 that Proclamation 10139, including the Annex, is revoked. 

IN WITNESS WHEREOF, I have hereunto set my hand this first day of 

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

Independence of the United States of America the two hundred and fortyfifth. 

[FR Doc. 2021–02490 

Filed 2–3–21; 11:15 am] 

Billing code 3295–F1–P 


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