Proc 9758ProclamationTrump 45 · R Quiet signal

Proclamation 9758

Adjusting Imports of Aluminum Into the United States

This proclamation permanently exempts Argentina and Australia from the 10% aluminum tariff imposed under Section 232, replacing the tariff with quantitative import quotas for Argentina. It extends the tariff to Brazil, Canada, Mexico, South Korea, and EU member countries starting June 1, 2018, after their temporary exemptions expire. The proclamation amends prior proclamations and the Harmonized Tariff Schedule to implement these changes.

Impact dates

  1. CBP to implement Argentina quota as soon as practicable

  2. Commerce Secretary to publish HTSUS modifications in Federal Register

  3. Tariff extended to Brazil, Canada, Mexico, EU; Argentina quota effective

  4. Tariff extended to South Korea (exemption expires)

  5. 10% tariff effective on aluminum from non-exempt countries (original date, retained for some countries)

Key directives

  • Amend Proclamation 9704 tariff language to exempt Argentina and Australia permanently, with phased application to other countries
  • Implement quota treatment on Argentina aluminum imports via HTSUS U.S. note 19 amendment
  • Delete Brazil, Canada, Mexico, EU from exempted tariff heading 9903.85.01
  • Set annual aggregate quantitative limits for Argentina starting 2018, effective June 1, 2018
  • Commerce Secretary to monitor Argentina quotas and consult with Defense Secretary, USTR on adjustment needs
  • Commerce Secretary to revise HTSUS and publish modifications in Federal Register
  • Amend Proclamation 9710 and 9739 language to reference quantitative limitations

Who is ordered

Timeline

Immediate

  • Tariff amendments to Proclamation 9704 take effect per specified dates
  • Argentina and Australia permanently exempted from 10% tariff
  • Quota treatment implementation directed for Argentina

Near term (90d)

  • Quantitative limitations for Argentina effective June 1, 2018
  • CBP implementation of Argentina quota as soon as practicable
  • HTSUS revisions to be published in Federal Register

Long term

  • Annual aggregate quota limits for Argentina apply for 2018 and subsequent years unless modified or terminated
  • Ongoing monitoring of Argentina and Australia agreements by Commerce Secretary
  • Potential presidential revisit of determinations based on implementation effectiveness

Risks & tensions

  • Potential trade retaliation from Brazil, Canada, Mexico, EU, and South Korea as exemptions expire
  • Quota implementation complexity with retroactive accounting to January 1, 2018 may create administrative burden
  • Presidential discretion to 'revisit' Argentina/Australia determinations creates policy uncertainty
  • Transshipment risk through non-quota countries if monitoring is insufficient
  • National security framing of trade measure may strain alliances with exempted and newly-tariffed countries alike
Proclamation 9758: Adjusting Imports of Aluminum Into the United States · Executive Orders