Presidential Documents

45019 

Federal Register 

Vol. 83, No. 171 

Tuesday, September 4, 2018 

Title 3— 

The President 

Proclamation 9776 of August 29, 2018 

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 

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. In light of this conclusion, the Secretary recommended action 

to adjust the imports of aluminum articles so that such imports will not 

threaten to impair the national security. The Secretary also recommended 

that I authorize him, in response to specific requests from affected domestic 

parties, to exclude from any adopted import restrictions those aluminum 

articles for which the Secretary determines there is a lack of sufficient 

domestic production capacity of comparable products, or to exclude aluminum articles from such restrictions for specific national security-based 

considerations. 

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, as defined in clause 1 of Proclamation 9704, 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 these aluminum articles by imposing a 

10 percent ad valorem tariff on such articles imported from most countries. 

I further authorized the Secretary to provide relief from these additional 

duties for any aluminum article determined not to be produced in the 

United States in a sufficient and reasonably available amount or of a satisfactory quality and also to provide such relief based on specific national security 

considerations. 

3. Consistent with the Secretary’s recommendation that I authorize him 

to exclude from any adopted import restrictions those aluminum articles 

for which the Secretary determines there is a lack of sufficient domestic 

production of comparable products, or for specific national security-based 

considerations, I have determined to authorize the Secretary to provide 

relief from quantitative limitations on aluminum articles adopted pursuant 

to section 232 of the Trade Expansion Act of 1962, as amended, including 

those set forth in Proclamation 9758 of May 31, 2018 (Adjusting Imports 

of Aluminum Into the United States), on the same basis as the Secretary 

is currently authorized to provide relief from the duty established in clause 

2 of Proclamation 9704. 

4. In light of my determinations, I have considered whether it is necessary 

and appropriate in light of our national security interests to make any 

corresponding adjustments to the tariff or quotas imposed by previous proclamations. It is my judgment that it is necessary and appropriate, at this 

time, to maintain the current tariff and quota levels. As directed in Proclamation 9704, the Secretary shall continue to monitor imports of aluminum 

articles and inform me of any circumstances that, in his opinion, might 


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indicate the need for further action under section 232 of the Trade Expansion 

Act of 1962, as amended. 

5. The United States continues to hold discussions with countries on satisfactory alternative means to address the threatened impairment to our national 

security posed by aluminum articles imports. Should these discussions result 

in an agreement concerning such alternative means, I will take further action 

as appropriate. 

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 

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) The Secretary, in consultation with the Secretary of State, the Secretary 

of the Treasury, the Secretary of Defense, the United States Trade Representative (USTR), the Assistant to the President for National Security Affairs, 

the Assistant to the President for Economic Policy, and such other senior 

Executive Branch officials as the Secretary deems appropriate, is hereby 

authorized to provide relief from the quantitative limitations applicable to 

aluminum articles described in subheadings 9903.85.05 and 9903.85.06 of 

subchapter III of chapter 99 of the HTSUS for any aluminum article determined not to be produced in the United States in a sufficient and reasonably 

available amount or of a satisfactory quality, and is also authorized to 

provide such relief based upon specific national security considerations. 

Such relief shall be provided for an aluminum article only after a request 

for relief is made by a directly affected party located in the United States. 

Such relief may be provided to directly affected parties on a party-byparty basis taking into account the regional availability of particular articles, 

the ability to transport articles within the United States, and any other 

factors as the Secretary deems appropriate. If the Secretary determines that 

relief should be granted to a requesting party for the importation of a 

particular aluminum article, the Secretary shall publicly post such determination and notify U.S. Customs and Border Protection (CBP) of the Department 

of Homeland Security concerning such article so that it will be excluded 

from the applicable quantitative limitation. Relief granted under this clause 

shall apply only to an article entered for consumption, or withdrawn from 

warehouse for consumption, on or after the date on which the request 

for relief is granted by the Secretary. Until such time as any applicable 

quantitative limitation for a particular article has been reached, CBP shall 

count any aluminum article for which relief is granted under this clause 

toward such quantitative limitation at the time when such aluminum article 

is entered for consumption or withdrawn from warehouse for consumption. 

Any aluminum article for which relief is granted under this clause shall 

not be subject to the additional rate of duty set forth in Proclamation 

9704, as amended. Aluminum articles for which relief is granted under 

this clause shall be subject to the duty treatment provided in subheading 

9903.85.11 of subchapter III of chapter 99 of the HTSUS, as established 

by the Annex to this proclamation. 

(2) As soon as practicable, the Secretary shall issue procedures for the 

requests for exclusion described in clause 1 of this proclamation. The 

issuance of such procedures is exempt from Executive Order 13771 of January 


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30, 2017 (Reducing Regulation and Controlling Regulatory Costs). CBP shall 

implement exclusions granted pursuant to clause 1 of this proclamation 

as soon as practicable. 

(3) Clause 3 of Proclamation 9704, as amended by Proclamation 9710, 

is further amended by striking the fourth and fifth sentences and inserting 

in lieu thereof the following two sentences: ‘‘If the Secretary determines 

that a particular aluminum article should be excluded, the Secretary shall 

publicly post such determination and notify U.S. Customs and Border Protection (CBP) of the Department of Homeland Security concerning such article 

so that it will be excluded from the duties described in clause 2 of this 

proclamation. For merchandise entered for consumption, or withdrawn from 

warehouse for consumption, on or after the date the duty established under 

this proclamation is effective and with respect to which liquidation is not 

final, such relief shall be retroactive to the date the request for relief was 

accepted by the Department of Commerce.’’. 

(4) Where the government of a country identified in the superior text 

to subheadings 9903.85.05 and 9903.85.06 of subchapter III of chapter 99 

of the HTSUS notifies the United States that it has established a mechanism 

for the certification of exports to the United States of products covered 

by the quantitative limitations applicable to these subheadings, and where 

such mechanism meets the operational requirements for participation in 

an export certification system administered by the United States, CBP, in 

consultation with the Secretary, USTR, and other relevant executive departments and agencies, may require that importers of these products furnish 

relevant export certification information in order to qualify for the treatment 

set forth in subheadings 9903.85.05 and 9903.85.06. Where CBP adopts 

such a requirement, it shall publish in the Federal Register notice of the 

requirement and procedures for the submission of relevant export certification 

information. No article that is subject to the export certification requirement 

announced in such notice may be entered for consumption, or withdrawn 

from warehouse for consumption, on or after the effective date specified 

in such notice, except upon presentation of a valid and properly executed 

certification, in accordance with the procedures set forth in the notice. 

(5) Subdivision (c) of U.S. note 19 to subchapter III of chapter 99 of 

the HTSUS is amended by inserting at the end the following new sentence: 

‘‘Pursuant to subheading 9903.85.11 and superior text thereto, the Secretary 

may provide that any excluded product shall be granted entry into the 

customs territory of the United States when the applicable quantitative limitation has filled for the specified period for such good.’’. 

(6) Subdivision (d) of U.S. note 19 to subchapter III of chapter 99 of 

the HTSUS is amended by inserting after ‘‘9903.85.06’’ the phrase ‘‘and 

9903.85.11’’. 

(7) The superior text for subheadings 9903.85.05 and 9903.85.06 of the 

HTSUS is amended by deleting ‘‘Aluminum’’ and inserting in lieu thereof: 

‘‘Except as provided in subheading 9903.85.11, aluminum’’. 

(8) To implement clause 1 of this proclamation, subchapter III of chapter 

99 of the HTSUS is modified as provided in the Annex to this proclamation. 

(9) The modifications to the HTSUS made by clauses 5 through 8 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 daylight time on August 

30, 2018, and shall continue in effect, unless such actions are expressly 

reduced, modified, or terminated. 

(10) Clause 5 of Proclamation 9704 is amended by inserting ‘‘for consumption’’ after ‘‘goods entered’’ in the first sentence. Clause 5 of Proclamation 

9710, as amended, is amended by striking ‘‘by this proclamation’’ from 

the end of the second sentence. Clause 5 of Proclamation 9739 is amended 

by striking ‘‘by clause 1 of this proclamation’’. 


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(11) The Secretary, in consultation with CBP and other relevant executive 

departments and agencies, shall revise the HTSUS so that it conforms to 

the amendments directed by this proclamation. The Secretary shall publish 

any such modification to the HTSUS in the Federal Register. 

(12) 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-ninth 

day of August, in the year of our Lord two thousand eighteen, and of 

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

forty-third. 

Billing code 3295–F8–P 


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[FR Doc. 2018–19283 

Filed 8–31–18; 11:15 am] 

Billing code 7020–02–C 


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ANNEX 

TO MODIFY CERTAIN PROVISIONS OF CHAPTER 99 OF 

THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES 

Effective with respect to goods entered for consumption, or withdrawn ~om warehouse for 

consumption, on or after 12:01 a.m. eastern daylight time on August 30,2018, subchapter III of 

chapter 99 ofthe Harmonized Tariff Schedule of the United States is modified by inserting in 

numerical sequence the following new tariff provision, with the material in the new tariff 

provisions inserted in the columns labeled "Heading/Subheading", "Article Description", "Rates 

of Duty 1-General", "Rates of Duty 1-Special," and "Rates of Duty 2", respectively: 

Rates of Duty 

Heading/ Article description 1 Subheading 

General Special 

"Aluminum products of Argentina enumerated in U.S. note 19(b) 

to this subchapter, each covered by an exclusion granted by the 

Secretary of Commerce under note 19{c) to this subchapter: 

9903.85.11 Goods granted relief from the application of quantitative 

limitation otherwise imposed in relation to subheadings 

9903.85.05 and 9903.85.06, for any aluminum article 

determined by the Secretary not to be produced in the United 

States in a sufficient and reasonably available amount, or of a 

satisfactory quality, or for specific national security reasons, 

provided that such goods shall be counted toward any 

quantitative limitation proclaimed by the President until such 

limitation has filled ............................................................................. The duty 

provided in 

the 

applicable 

subheading" 

2