Presidential Documents

33583 

Federal Register 

Vol. 87, No. 107 

Friday, June 3, 2022 

Title 3— 

The President 

Proclamation 10405 of May 31, 2022 

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. The proclamation 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. The United States has successfully concluded discussions with the United 

Kingdom (UK) on satisfactory alternative means to address the threatened 

impairment to our national security posed by aluminum articles imports 

from the UK. The United States and the UK 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 carbon intensity in these sectors, annually review their arrangement 

and their ongoing cooperation, and confer on market-distorting influence 

or ownership in the steel and aluminum industries. The United States will 

monitor the implementation and effectiveness of the measures agreed upon 

with the UK in addressing our national security needs, and I may revisit 

this determination, as appropriate. 

4. 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 UK without the application of the tariff 

proclaimed in Proclamation 9704. Under the arrangement, aluminum articles, 

except semi-finished wrought aluminum articles, that are accompanied by 

a certificate of analysis are eligible for in-quota treatment. In order to be 

eligible for in-quota treatment, semi-finished wrought aluminum articles must 

be accompanied by a certificate of analysis and must not contain primary 

aluminum from the People’s Republic of China, the Russian Federation, 


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or the Republic of Belarus. In my judgment, these measures will provide 

an effective, long-term alternative means to address any contribution by 

UK aluminum articles imports to the threatened impairment to our national 

security by restraining aluminum articles imports to the United States from 

the UK, limiting transshipment, and discouraging excess capacity and excess 

aluminum production. In light of this agreement, I have determined that 

specified volumes of eligible aluminum articles imports from the UK will 

no longer threaten to impair the national security and have decided to 

exclude such imports from the UK up to a designated quota from the 

tariff proclaimed in Proclamation 9704. The United States will monitor 

the implementation and effectiveness of the tariff-rate quota and other measures agreed upon with the UK in addressing our national security needs, 

and I may revisit this determination, as appropriate. 

5. The alternative means, including the tariff-rate quota, are consistent 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, totaling 900 metric tons 

of unwrought aluminum, 11,400 metric tons of semi-finished wrought aluminum other than foil, and 9,300 metric tons of foil, is consistent with 

the objective of reaching and sustaining a sufficient capacity utilization 

rate in the domestic aluminum industry. 

6. In light of my determination to adjust the tariff proclaimed in Proclamation 

9704 as applied to eligible aluminum articles imports from the UK, 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. 

7. 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. 

8. 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 eligible aluminum articles 

from the UK as set forth in paragraph 4 of this proclamation, U.S. Note 

19 of subchapter III of chapter 99 of the HTSUS is amended as provided 

for in the Annex to this proclamation. Imports of aluminum articles from 

the UK 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 the UK 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 ‘‘(h)’’ and inserting before 

the period at the end: ‘‘, and (i) on or after 12:01 a.m. eastern daylight 


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time on June 1, 2022, 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, 2023, and from the 

United Kingdom, 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. Eligible semi-finished wrought aluminum articles must not 

contain primary aluminum from the People’s Republic of China, the Russian 

Federation, or the Republic of Belarus. 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 to the HTSUS made by clause 1 of 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 June 1, 2022, and shall continue in effect, unless such 

actions are expressly reduced, modified, or terminated. 

(5) Any imports of aluminum articles from the UK that were admitted 

into a U.S. foreign trade zone under ‘‘privileged foreign status’’ as defined 

in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on June 1, 

2022, shall be subject upon entry for consumption made on or after 12:01 

a.m. eastern daylight time on June 1, 2022, to the provisions of the tariffrate 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. 

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

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

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

Billing code 3395–F2–P 


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ANNEX 

Modifications to Chapter 99 of the Harmonized Tariff Schedule 

of the United States 

Effective with respect to products of the United Kingdom that are entered for consumption, or 

withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on 

June 1, 2022, subchapter Ill of chapter 99 of the Harmonized Tariff Schedule of the United 

States is hereby modified as follows: 

1. Subdivision (a) of U.S. note 19 to such subchapter is modified by adding the following 

new subdivision at the end thereof: 

"(vi) Subheadings 9903.85.50 through 9903.85.66, inclusive, set forth the ordinary customs 

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

note) of the United Kingdom under tariff-rate quotas administered by the Department 

of Commerce. Subheadings 9903.85.50 through 9903.85.66 shall be subject to any 

aggregate annual quantity established for each such subheading, including any 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 entries of any semi-finished (wrought) aluminum products under subheadings 

9903.85.53 through 9903.85.66, inclusive, shall contain primary aluminum that is the 

product of the People's Republic of China, Russia or Belarus. No entry of such aluminum 

products under subheadings 9903.85.50 through 9903.85.66, inclusive, during any of 

the periods January through June or July through December in any year shall be allowed 

that is in excess of the quantity that may be allocated by the Department of Commerce, 

as set forth on the Internet site of such Department as noted herein. 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. 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 required by 

U.S. Customs and Border Protection, must be supplied by the importer in order to make 

entry under this subdivision." 

2. The article description of heading 9903.85.01 is modified by striking "and" and by 

inserting after "9903.85.44" the phrase "and subheadings 9903.85.50 through 

9903.85.66". 

3. The article description of heading 9903.85.03 is modified by inserting before "or any 

exclusions" the phrase "of the United Kingdom". 
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9903.85.50 

9903.85.51 

9903.85.52 

9903.85.53 

9903.85.54 

9903.85.55 

9903.85.56 

Aluminum products of the United Kingdom, 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 ............................................................................................... . 

Aluminum products of the United Kingdom, not described in 

heading 9903.85.50 to this subchapter and entered under the 

terms provided in U.S. note 19 to this subchapter: 

Unwrought aluminum products specified in U.S. note 

19(b)(i) to this subchapter, when entered in aggregate 

annual quantities not to exceed 0.9 thousand metric tons 

(TMT): 

Unwrought aluminum, not alloyed (provided 

for in subheading 7601.10.30 or 7601.10.60) ....... . 

Other unwrought products, alloyed (provided 

for in subheading 7601.20.30, 7601.20.60 or 

7601.20.90) ....................................................... . 

Other aluminum products (other than foil), specified in 

U.S. note 19(b)(ii) through 19(b)(v) to this subchapter, 

when entered in aggregate annual quantities not to 

exceed 11.4 TM: 

Bars, rods and profiles of aluminum, not alloyed 

(provided for in subheading 7604.10.10, 

7604.10.30 or 7604.10.50) ................................ . 

Hollow profiles of aluminum alloys (provided 

for in subheading 7604.21.00) ........................ . 

Bars, rods, and solid profiles, alloyed (provided 

for in subheading 7604.29.10, 7604.29.30 or 

7604.29.50) ....................................................... . 

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 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 
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9903.85.57 

9903.85.58 

9903.85.59 

9903.85.60 

9903.85.61 

9903.85.62 

9903.85.63 

9903.85.64 

9903.85.65 

Other wire of aluminum (provided for in 

subheading 7605.19.00 or 7605.29.00) .............. . 

Products meeting the requirements of note 

l{d) to chapter 76 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) .................................................... . 

Products meeting the requirements of note 

l(d) to chapter 76 and with a thickness of 

6.3 mm or less (described in 

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) .. 

Aluminum alloy can stock (described in 

statistical reporting number 7606.12.3045 or 

7606.12.3055) ................................................... . 

Pipes and tubes of aluminum, seamless 

(described in statistical reporting number 

7608.10.0030 or 7608.20.0030) ...................... . 

Pipes and tubes of aluminum, other than 

seamless (described in statistical reporting 

number 7608.10.0090 or 7608.20.0090) ......... . 

Tube or pipe fittings of aluminum (for 

example, couplings, elbows, sleeves) 

(described in statistical reporting number 

7609.00.0000) ............................................... . 

Castings or forgings of aluminum (described 

in statistical reporting number 7616.99.5160 

or 7616.99.5170) .......................................... . 

Aluminum foil, when entered in aggregate annual 

quantities not to exceed 9.3 TMT: 

Aluminum foil, not backed (described in 

statistical reporting number 7607.11.3000, 

7607.11.6010, 7607.11.6090, 7607.11.9030, 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading 
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[FR Doc. 2022–12097 

Filed 6–2–22; 8:45 am] 

Billing code 7020–02–C 


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9903.85.66 

7607.11.9060, 7607.11.9090, 7607.19.1000, 

7607.19.3000 or 7607.19.6000) ........................ . 

Aluminum foil, backed (described in statistical 

reporting number 7607.20.1000 or 

7607.20.5000) .................................................. . 

The duty provided 

in the applicable 

subheading 

The duty provided 

in the applicable 

subheading"