Presidential Documents

6541 

Federal Register 

Vol. 86, No. 12 

Thursday, January 21, 2021 

Title 3— 

The President 

Proclamation 10133 of January 14, 2021 

To Continue Facilitating Positive Adjustment to Competition 

From Imports of Large Residential Washers 

By the President of the United States of America 

A Proclamation 

1. On January 23, 2018, pursuant to section 203 of the Trade Act of 1974, 

as amended (the ‘‘Trade Act’’) (19 U.S.C. 2253), I issued Proclamation 9694, 

which imposed a safeguard measure for a period of 3 years plus 1 day 

comprising both a tariff-rate quota (TRQ) on imports of large residential 

washers (washers) provided for in subheadings 8450.11.00 and 8450.20.00 

of the Harmonized Tariff Schedule of the United States (HTS) and a TRQ 

on covered washer parts provided for in subheadings 8450.90.20 and 

8450.90.60 of the HTS. I exempted covered imports from Canada and certain 

designated beneficiary countries under the Generalized System of Preferences 

(GSP) from the application of the measure. 

2. On May 16, 2019, I issued Proclamation 9887, which removed Turkey 

from the list of GSP beneficiary countries, and modified the safeguard measure so that imports from Turkey were no longer excluded. On May 31, 

2019, I issued Proclamation 9902, which removed India from the list of 

GSP beneficiary countries, and modified the safeguard measure so that imports from India were no longer excluded. 

3. On August 7, 2019, the United States International Trade Commission 

(ITC) issued its report pursuant to section 204(a)(2) of the Trade Act (19 

U.S.C. 2254(a)(2)), on the results of its monitoring of developments with 

respect to the domestic washers industry (ITC, Large Residential Washers: 

Monitoring Developments in the Domestic Industry, No. TA–204–013). After 

taking into account the information provided in the ITC’s report and receiving 

a petition from the representative of the majority of the domestic industry, 

I determined that the domestic industry had begun to make positive adjustment to import competition but that, despite that adjustment, increased 

imports of washers at peak times of the year impaired the effectiveness 

of the action I proclaimed in Proclamation 9694. On January 23, 2020, 

pursuant to sections 204(b)(1)(B) and 204(b)(2) of the Trade Act (19 U.S.C. 

2254(b)(1)(B) and (b)(2)), I issued Proclamation 9979 to modify the action 

I took in Proclamation 9694 by allocating on a quarterly basis, withinquota quantities of 1.2 million units during the third year of the action, 

beginning February 7, 2020. 

4. On December 8, 2020, in response to a petition by the representatives 

of the domestic industry, the ITC issued its determination and report pursuant 

to section 204(c) of the Trade Act (19 U.S.C. 2254(c)), finding that the 

safeguard measure I imposed continues to be necessary to prevent or remedy 

the serious injury to the domestic industry, and that there is evidence 

that the domestic industry is making a positive adjustment to import competition (ITC, Large Residential Washers: Extension of Action, No. TA–201– 

076 (Extension)). 

5. Section 203(e)(1)(B) of the Trade Act (19 U.S.C. 2253(e)(1)(B)) authorizes 

the President, after receiving an affirmative determination from the ITC 

pursuant to section 204(c) of the Trade Act (19 U.S.C. 2254(c)), to extend 

the effective period of any action taken under section 203 of the Trade 

Act if the President determines that the action continues to be necessary 


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to prevent or remedy the serious injury and there is evidence that the 

domestic industry is making a positive adjustment to import competition. 

6. Pursuant to section 203(e)(1)(B) of the Trade Act (19 U.S.C. 2253(e)(1)(B)), 

I have determined that the action continues to be necessary to prevent 

or remedy the serious injury to the domestic washers industry and there 

is evidence that the domestic washers industry is making a positive adjustment to import competition, and I have further determined to extend the 

safeguard measure proclaimed in Proclamation 9694, as modified, as follows: 

(a) continuation of the tariff-rate quota on imports of washers described 

in paragraph 1 of this proclamation for an additional period of 2 years, 

with unchanging within-quota quantities, annual reductions in the rates 

of duties entered within those quantities in the fourth and fifth years, 

and annual reductions in the rates of duty applicable to goods entered 

in excess of those quantities in the fourth and fifth years; and 

(b) continuation of the tariff-rate quota on imports of covered washer 

parts described in paragraph 1 of this proclamation for an additional period 

of 2 years, with increasing within-quota quantities and annual reductions 

in the rates of duty applicable to goods entered in excess of those quantities 

in the fourth and fifth years. 

7. As provided in Proclamation 9694, as modified by Proclamations 9887 

and 9902, this safeguard measure shall apply to imports from all countries, 

except for products of Canada and except as provided in paragraph 8 of 

this proclamation. 

8. As I further provided in Proclamation 9694, as modified by Proclamations 

9887 and 9902, this safeguard measure shall not apply to imports of any 

product described in paragraph 1 of this proclamation of a developing country 

that is a Member of the World Trade Organization (WTO), as listed in 

subdivision (b)(2) of Note 17 in the Annex to this proclamation, as long 

as such country’s share of total imports of the product, based on imports 

during a recent representative period, does not exceed 3 percent, provided 

that imports that are the product of all such countries with less than 3 

percent import share collectively account for not more than 9 percent of 

total imports of the product. If I determine that a surge in imports of 

a product described in paragraph 1 of this proclamation of a developing 

country that is a WTO Member results in imports of that product from 

that developing country exceeding either of the thresholds described in 

this paragraph, the safeguard measure shall be modified to apply to such 

product from such country. In addition, if I determine within 60 days 

of the date of this proclamation, as a result of consultations between the 

United States and other WTO Members pursuant to Article 12.3 of the 

WTO Agreement on Safeguards, that it is necessary to modify the terms 

of extension of the safeguard measure, or to terminate the safeguard measure, 

I shall proclaim the corresponding modification or termination within 40 

days of the date of my determination. 

9. As I further provided in Proclamation 9694, the in-quota quantity in 

each year under the tariff-rate quota described in subparagraph (a) of paragraph 6 of this proclamation shall be allocated on a quarterly basis as 

provided for in Proclamation 9979. 

10. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the President 

to embody in the HTS the substance of the relevant provisions of that 

Act, and of other acts 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, acting under the authority vested in me by the Constitution 

and the laws of the United States, including but not limited to sections 

203, 204, and 604 of the Trade Act, do proclaim that: 

(1) In order to extend the measure applicable to imports of washers and 

covered parts described in paragraph 1 of this proclamation, subchapter 


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III of chapter 99 of the HTS is modified as set forth in the Annex to 

this proclamation. Any merchandise subject to the safeguard measure that 

is admitted into United States foreign trade zones on or after 12:01 a.m., 

eastern standard time, on February 8, 2021, must be admitted as ‘‘privileged 

foreign status’’ as defined in 19 CFR 146.41, and will be subject upon 

entry for consumption to any tariffs or quantitative restrictions related 

to the classification under the applicable HTS subheading. 

(2) Imports of washers and covered washer parts that are the product 

of Canada shall continue to be excluded from the safeguard measure 

extended by this proclamation, and such imports shall not be counted 

toward the tariff-rate quota limits that trigger the over-quota rates of duty. 

(3) Except as provided in clause (4) below, imports of washers and covered 

washer parts that are the product of WTO Member developing countries, 

as listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation, 

shall continue to be excluded from the safeguard measure extended by 

this proclamation, and such imports shall not be counted toward the 

tariff-rate quota limits that trigger the over-quota rates of duties. 

(4) If, after the extension proclaimed herein is in effect, the United States 

Trade Representative (USTR) determines that: 

(a) the share of total imports of the product of a country listed in 

subdivision (b)(2) of Note 17 in the Annex to this proclamation exceeds 

3 percent; 

(b) imports of the product from all listed countries with less than 

3 percent import share collectively account for more than 9 percent of 

total imports of the product; or 

(c) a country listed in subdivision (b)(2) of Note 17 in the Annex 

to this proclamation is no longer a developing country for purposes of 

this proclamation; 

the USTR is authorized, upon publication of a notice in the Federal 

Register, to revise subdivision (b)(2) of Note 17 in the Annex to this 

proclamation to remove the relevant country from the list or suspend 

operation of that subdivision, as appropriate. 

(5) If, after the extension proclaimed herein is in effect, the USTR determines that the out-of-quota quantity in units of covered washer parts 

entered under the tariff lines in chapter 99 enumerated in the Annex 

to this proclamation has increased by an unjustifiable amount and undermines the effectiveness of the safeguard measure, the USTR is authorized, 

upon publication of a notice in the Federal Register of such determination, 

to modify the HTS provisions created by the Annex to this proclamation 

so as to modify the tariff-rate quota on covered washer parts with a 

quantitative restriction on covered washer parts at a level that the USTR 

considers appropriate. 

(6) In order to continue allocating, on a quarterly basis, the within-quota 

quantities of the TRQ limits applicable to imports of washers under HTS 

subheadings 8450.11.00 and 8450.20.00, subchapter III of chapter 99 of 

the HTS is modified as set forth in the Annex to this proclamation. 

These allocations shall continue in effect as provided in the Annex to 

this proclamation, unless such actions are earlier expressly reduced, modified, or terminated. 

(7) One year from the termination of the safeguard measure established 

in this proclamation, the U.S. note and tariff provisions established in 

the Annex to this proclamation shall be deleted from the HTS. 

(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. 


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

of January, 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. 

Billing code 3295–F1–P 


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[FR Doc. 2021–01466 

Filed 1–19–21; 11:15 a.m.] 

Billing code 7020–02–C 


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