Presidential Documents

1 

Federal Register 

Vol. 87, No. 1 

Monday, January 3, 2022 

Title 3— 

The President 

Proclamation 10327 of December 27, 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 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 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 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, 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 Proclamation 9704 shall be effective June 1, 2018, for these 

countries. 

4. The United States has successfully concluded discussions with the EU 

on behalf of its member countries on satisfactory alternative means to address 

the threatened impairment of the national security posed by aluminum 


khammond on DSKJM1Z7X2PROD with PRESDOC
2 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 

articles imports from the EU. The United States and the EU have 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 will seek to conclude, 

by October 31, 2023, negotiations on global steel and aluminum arrangements 

to restore market-oriented conditions and support the reduction of carbon 

intensity of steel and aluminum across modes of production. 

5. The United States will implement 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. Under the arrangement, aluminum articles 

that area accompanied by a certificate of analysis are eligible for in-quota 

treatment. In my judgment, these measures will provide an effective, longterm 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 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, 2023. The United 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. 

6. The alternative means, including the tariff-rate quota, align with the 

recommendations specified in the Secretary’s report assessing the effect of 

imports of aluminum articles on the national security of the United States 

under section 232. 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. 

7. 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. 

8. 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. 

9. 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) To establish a tariff-rate quota on imports of aluminum articles from 

member countries of the EU as described in paragraph 5 of this proclamation, 

U.S. note 19 to subchapter III of chapter 99 of the HTSUS is amended 


khammond on DSKJM1Z7X2PROD with PRESDOC
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 3 

as provided for in the Annex to this proclamation. 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 the Annex to this proclamation. 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 established in clause 1 of this proclamation. 

(2) 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 January 1, 2022, from all countries except Argentina, Australia, 

Canada, Mexico, and except the member countries of the European Union 

through 11:59 p.m. eastern standard time on December 31, 2023, for aluminum articles covered by headings 9903.85.25 through 9903.85.44, inclusive.’’ 

(3) Aluminum articles eligible for treatment under clause 1 of 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 requirement. Failure to comply could result in applicable remedies or penalties 

under United States law. 

(4) The modifications made by clauses 1 through 3 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 January 1, 2022, and shall 

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

or terminated. 

(5) 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, 2022, shall be subject upon entry for consumption 

made on or after 12:01 a.m. eastern standard time on January 1, 2022, 

to the provisions of the tariff-rate quota in effect at the time of the entry 

for consumption. 

(6) 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. 


khammond on DSKJM1Z7X2PROD with PRESDOC
4 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh 

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

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

and forty-sixth. 

Billing code 3395–F2–P 


khammond on DSKJM1Z7X2PROD with PRESDOCBIDEN.EPS</GPH>
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 5 


khammond on DSKJM1Z7X2PROD with PRESDOCED03JA22.000</GPH>

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 from warehouse for 

consumption, on or after 12:01 a.m. eastern standard time on January 1, 2022, subchapter Ill of 

chapter 99 of the 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: 

1. U.S. note 19 to such subchapter Ill is modified by adding the following new subdivision 19(a)(v): 

"(v) Subheadings 9903.85.25 through 9903.85.44, inclusive, set forth the ordinary customs 

duty treatment for the aluminum products (as enumerated in subdivision (b) of this 

note) of any member country of the European Union enumerated in this subdivision. 

Subheadings 9903.85.27 through 9903.85.44 shall be subject to any aggregate annual 

quantity established for each such subheading, including any allocations or other 

limitations that may be announced, in addition to the aggregate annual quantity set 

forth in the superior text to any such subheading, all as set forth on the Internet site of 

the Department of Commerce at the following link: [https://bis.doc.gov/232-aluminum]. 

No such country shall be allowed to import an aggregate quantity under any such 

subheading during any of the periods January through June, or July through December 

in any year that is in excess of the quantity that is allocated to such country by the 

Department of Commerce, as set forth on the Internet site of such Department as noted 

herein. No more than 60 percent of the tariff-rate quota to be filled in the first half of the 

year. Entries of any product of any such member country under heading 9903.85.25, 

when such product is described in an exclusion granted by the Department of 

Commerce shall be eligible to utilize such exclusion upon proper claim therefor, and 

such entries shall be counted against any annual aggregate quantitative limitation 

provided under this subdivision. No claim for entry under any provision of chapter 98 or 

of subchapter II of chapter 99 shall be allowed to reduce or prevent the application of 

an additional duty provided for under this note. 

The member countries of the European Union that are covered by this subdivision and 

by heading 9903.85.03 and subheadings 9903.85.25 through 9903.85.44 shall include 

the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia (Czech Republic), 

Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, 

Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, 

Slovenia, Spain, Sweden." 

2. Note 19(d) is modified by inserting after "9903.85.11" the phrase "and subheadings 9903.85.25 

through 9903.85.44". 

3. The article description of heading 9903.85.01 is modified by deleting "heading 9903.85.21" and 

inserting in lieu thereof "headings 9903.85.21, 9903.85.25, and subheadings 9903.85.27 through 

9903.85.44"; and by inserting after "of Mexico" the phrase"; of member countries of the European 
6 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 


khammond on DSKJM1Z7X2PROD with PRESDOCED03JA22.001</GPH>

Union specified in subdivision (a)(v) of such U.S. note 19, under any limitations that may be established 

by the Department of Commerce under such U.S. note 19;". 

4. The article description of heading 9903.85.03 is modified by adding after "of Mexico," the phrase "of 

member countries of the European Union (as enumerated in U.S. note 19(a)(v) to this subchapter". 

5. The following new provisions and applicable superior text are inserted in such subchapter Ill in 

numerical sequence, with the material inserted in the columns entitled "Heading/Subheading", "Article 

Description", and "Rates of Duty 1-General", respectively: 

Rates of Duty 

Heading/ Article Description 1 

Subheading 

General Special 

"9903.85.25 Aluminum products of member countries of the European 

Union enumerated in U.S. note 19(a)(v) to this subchapter, 

when such products are covered by an exclusion granted by the 

Secretary of Commerce under note 19(c) to this subchapter, 

provided that such goods shall be counted toward any 

quantitative limitation applicable to any such product until 

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

provided in 

the 

applicable 

subheading 

Aluminum products of member countries of the European 

Union enumerated in U.S. note 19(a)(v) to this subchapter and 

not described in heading 9903.85.25 to this subchapter, when 

entered in annual aggregate quantities not to exceed the 

quantities specified pursuant to such U.S. note 19: 

Unwrought aluminum products specified in U.S. note 

19(b)(i) to this subchapter: 

9903.85.27 Unwrought aluminum, not alloyed (provided 

for in subheading 7601.10.30 or 

601.10.60) ....................................................... The duty 

provided in 

the 

applicable 

subheading 

9903.85.29 Other unwrought products, alloyed (provided 

for in subheading 7601.20.30, 7601.20.60 or 

7601.20.90) ........................................................ The duty 

provided in 

the 

applicable 

subheading 

Other aluminum products, specified in U.S. note 

19(b)(ii) through 19(b)(v) to this subchapter: 

9903.85.31 Bars, rods and profiles of aluminum, not alloyed 

(provided for in subheading 7604.10.10, 

2 
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 7 


khammond on DSKJM1Z7X2PROD with PRESDOCED03JA22.002</GPH>

Rates of Duty 

Heading/ Article Description 1 2 

Subheading 

General Special 

7604.10.30 or 7604.10.50) ................................. The duty 

provided in 

the 

applicable 

subheading 

9903.85.32 Hollow profiles of aluminum alloys (provided 

for in subheading 7604.21.00) ......................... The duty 

provided in 

the 

applicable 

subheading 

9903.85.33 Bars, rods, and solid profiles, alloyed (provided 

for in subheading 7604.29.10, 7604.29.30 or 

7604.29.50) ........................................................ The duty 

provided in 

the 

applicable 

subheading 

9903.85.34 Wire of aluminum, of which the maximum 

cross-sectional dimension exceeds 7 mm 

(provided for in subheading 7605.11.00 or 

7605.21.00) ..................................................... The duty 

provided in 

the 

applicable 

subheading 

9903.85.35 Other wire of aluminum (provided for in 

subheading 7605.19.00 or 7605.29.00) ........... The duty 

provided in 

the 

applicable 

subheading 

9903.85.36 Products meeting the requirements of note 

l(d) to this chapter and with a thickness of 

more than 6.3 mm (described in 

statistical reporting number 7606.11.3030, 

7606.12.3015, 7606.12.3025, 

7606.12.3035, 7606.91.3055, 

7606.91.6055, 7606.92.3025 or 

7606.92.6055) ................................................. The duty 

provided in 

the 

applicable 

subheading 

9903.85.37 Products meeting the requirements of note 

l(d) to this chapter and with a thickness not 

exceeding 6.3 mm (described in 
8 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 


khammond on DSKJM1Z7X2PROD with PRESDOCED03JA22.003</GPH>

Rates of Duty 

Heading/ Article Description I 2 

Subheading 

General Special 

statistical reporting number 7606.11.3060, 

7606.12.3091, 7606.12.3096, 7606.91.3095, 

7606.91.6095, 7606.92.3035 or 7606.92.6095), 

and clad products (described in statistical 

reporting number 7606.11.6000 or 

7606.12.6000) .............................................. The duty 

provided in 

the 

applicable 

subheading 

9903.85.38 Aluminum alloy can stock (described in 

statistical reporting number 7606.12.3045 or 

7606.12.3055) .................................................. The duty 

provided in 

the 

applicable 

subheading 

9903.85.39 Aluminum foil, not backed (described in 

statistical reporting number 7607.11.3000, 

7607.11.6010, 7607.11.6090, 7607.11.9030, 

7607.11.9060, 7607.11.9090, 7607.19.1000, 

7607.19.3000 or 7607.19.6000) ...................... The duty 

provided in 

the 

applicable 

subheading 

9903.85.40 Aluminum foil, backed (described in statistical 

reporting number 7607.20.1000 or 

7607.20.5000) ................................................... The duty 

provided in 

the 

applicable 

subheading 

9903.85.41 Pipes and tubes of aluminum, seamless 

(described in statistical reporting number 

7608.10.0030 or 7608.20.0030) ..................... The duty 

provided in 

the 

applicable 

subheading 

9903.85.42 Pipes and tubes of aluminum, other than 

seamless (described in statistical reporting 

number 7608.10.0090 or 7608.20.0090) ...... The duty 

provided in 

the 

applicable 

subheading 

9903.85.43 Tube or pipe fittings of aluminum (for 

example, couplings, elbows, sleeves) 

(described in statistical reporting number 
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 9 

[FR Doc. 2021–28514 

Filed 12–30–21; 8:45 am] 

Billing code 7020–02–C 


khammond on DSKJM1Z7X2PROD with PRESDOCED03JA22.004</GPH>

Rates of Duty 

Heading/ Article Description 1 2 

Subheading 

General Special 

7609.00.0000) ................................................ The duty 

provided in 

the 

applicable 

subheading 

9903.85.44 Castings or forgings of aluminum (described 

in statistical reporting number 7616.99.5160 

or 7616.99.5170) ........................................... The duty 

provided in 

the 

applicable 

subheading"