Adjusting Imports of Aluminum Into the United States

Proclamation 10106 of October 27, 2020

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 were
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), I
concurred in the Secretary's finding that aluminum
articles were 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, as defined in clause 1 of Proclamation 9704,
by imposing a 10 percent ad valorem tariff on such
articles imported from most countries. I 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 I determine that imports from that
country no longer threaten to impair the national
security, I 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 9893 of May 19, 2019 (Adjusting
Imports of Aluminum Into the United States), I noted
that the United States had successfully concluded
discussions with Canada on satisfactory alternative
means to address the threatened impairment of the
national security posed by aluminum imports from
Canada. In particular, the United States agreed on a
range of measures with Canada that were expected to
allow imports of aluminum from Canada to remain stable
at historical levels without meaningful increases, thus
permitting the domestic capacity utilization to remain
reasonably commensurate with the target level
recommended in the Secretary's report. These included
measures to monitor for and avoid import surges.

4. In light of this agreement, I determined that, under
the framework in the agreement established with Canada,
imports of aluminum from Canada would no longer
threaten to impair the national security, and thus I
decided to exclude Canada from the tariff proclaimed in
Proclamation 9704, as amended. I noted that the United
States would monitor the implementation and
effectiveness of the measures agreed upon with Canada
in addressing our national security needs, and that I
may revisit this determination as appropriate.

5. In Proclamation 10060 of August 6, 2020 (Adjusting
Imports of Aluminum Into the United States), I noted
that imports of non-alloyed unwrought

aluminum from Canada had increased substantially
following my decision to exclude, on a long-term basis,
Canada from the tariff proclaimed in Proclamation 9704.
I further noted that this surge in imports coincided
with a decrease in imports of these articles from other
countries and threatened to harm domestic aluminum
production and capacity utilization. In light of these
circumstances, I determined that it was necessary and
appropriate to re-impose the 10 percent ad valorem
tariff proclaimed in Proclamation 9704, as amended, on
imports of non-alloyed unwrought aluminum articles from
Canada.

6. The United States has held consultations with Canada
regarding exports of non-alloyed unwrought aluminum
from Canada to the United States. On the basis of these
consultations, the United States expects that exports
of these articles from Canada to the United States will
decrease significantly in the remaining months of 2020,
from a monthly average of approximately 154,000 metric
tons in the first 7 months of this year to a monthly
average of approximately 77,000 tons in September
through December. This 50 percent decrease in the
volume would reduce United States imports of non-
alloyed unwrought aluminum from Canada to a level below
the average of monthly imports of these articles from
Canada in any calendar year in the past decade, thus
alleviating the threatened harm to domestic aluminum
production and capacity utilization posed by the
previous surge in imports of these articles.

7. In light of these changed circumstances, and in view
of the measures previously agreed upon with Canada to
address the threatened impairment of the national
security posed by aluminum imports from Canada, as
described in Proclamation 9893, I have determined that
imports of aluminum from Canada will no longer threaten
to impair the national security, and thus I have
decided to reinstate Canada's exclusion from the tariff
on these articles proclaimed in Proclamation 9704, as
amended. As specified in this proclamation, I may re-
impose the tariff proclaimed in Proclamation 9704 on
imports of non-alloyed unwrought aluminum from Canada
in the event that the volume of imports of these
articles from Canada in the remaining months of 2020
exceeds the quantities that the United States expects
will be exported from Canada to the United States
during this period. The United States and Canada expect
to hold further consultations in December 2020 to
discuss the state of aluminum trade between the two
countries in light of trade patterns in the last 4
months of 2020 and expected market conditions in 2021.

8. The United States will continue to monitor the
implementation and effectiveness of the measures agreed
upon with Canada in addressing our national security
needs, as described in Proclamation 9893, both with
respect to imports of non-alloyed unwrought aluminum
and imports of other aluminum articles.

9. 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.

10. 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) Clause 2 of Proclamation 9704, as amended, is
further amended in the second sentence by deleting
``and'' before ``(f)'' and inserting before the period
at the end: ``, and (g) on or after 12:01 a.m. eastern
daylight time on September 1, 2020, from all countries
except Argentina, Australia, Canada, and Mexico.''.
(2) In order to establish the removal of the
additional duty rate on imports of non-alloyed
unwrought aluminum from Canada, subchapter III of
chapter 99 of the HTSUS is modified as provided in the
Annex to this proclamation.
(3) The Secretary, in consultation with the United
States Trade Representative, shall continue to monitor
imports of aluminum articles, in particular imports of
non-alloyed unwrought aluminum from Canada. In the
event that imports of non-alloyed unwrought aluminum
from Canada exceed 105 percent of the volumes set forth
below for any month, I will consider re-imposing the
tariff proclaimed in Proclamation 9704 to imports of
these articles from Canada, which may include
retroactive application to articles entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight
time on September 1, 2020. The volumes are: 83,000,000
kilograms for September 2020; 70,000,000 kilograms for
October 2020; 83,000,000 kilograms for November 2020;
and 70,000,000 kilograms for December 2020. In the
event that imports of non-alloyed unwrought aluminum
from Canada exceed 105 percent of the volumes above for
any month, I may consider whether the volume stipulated
for the following month is reduced by the amount of the
excess in making my determination whether to re-impose
the tariff. I may also consider re-imposing the tariff
proclaimed in Proclamation 9704 to imports of these
articles from Canada based on the outcome of
consultations between the United States and Canada in
December 2020 and expected market conditions in 2021.
(4) The modifications made by clause 1 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 September 1, 2020, and shall continue in
effect, unless such actions are expressly reduced,
modified, or terminated.
(5) Imports of non-alloyed unwrought aluminum
articles from Canada provided for in subheading
7601.10, except any articles that are eligible for
admission under ``domestic status'' as defined in 19
CFR 146.43, that are admitted into a United States
foreign trade zone on or after 12:01 a.m. eastern
daylight time on September 1, 2020, shall continue to
be admitted only as ``privileged foreign status'' as
defined in 19 CFR 146.41, and shall not be subject upon
entry for consumption on or after such time and date to
the duty treatment provided for in heading 9903.85.21,
unless and until heading 9903.85.21 becomes applicable
to these articles. Imports of non-alloyed unwrought
aluminum articles from Canada provided for in
subheading 7601.10, admitted into a United States
foreign trade zone before 12:01 a.m. eastern daylight
time on September 1, 2020, under ``privileged foreign
status'' as defined in 19 CFR 146.41, shall remain
subject upon entry for consumption on or after such
time and date to the additional 10 percent ad valorem
rate of duty imposed by Proclamation 9704, as amended.
(6) In the event that I decide, as described in
clause 3 of this proclamation, to re-impose the tariff
proclaimed in Proclamation 9704 to imports of non-
alloyed unwrought aluminum from Canada, including
possible retroactive application of the tariff, no
drawback shall be available with respect to such duties
imposed.
(7) 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-seventh day of October, in the year of our Lord
two thousand and twenty, and of the Independence of the
United States of America the two hundred and forty-
fifth.

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