Presidential Documents

223 

Federal Register 

Vol. 89, No. 2 

Wednesday, January 3, 2024 

Title 3— 

The President 

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 


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224 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Presidential Documents 

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 marketoriented 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 inquota 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 


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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Presidential Documents 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 tariffrate 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 


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226 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Presidential Documents 

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. 

[FR Doc. 2023–28995 

Filed 1–2–24; 8:45 am] 

Billing code 3395–F4–P 


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