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Proc 9776ProclamationTrump 45 · R Quiet signal

Proclamation 9776

Adjusting Imports of Aluminum Into the United States

This proclamation expands the Secretary of Commerce's authority to grant exclusions from quantitative limitations (quotas) on aluminum imports under Section 232, mirroring existing tariff exclusion authority. It also amends the Harmonized Tariff Schedule to implement these changes, maintains existing 10% tariffs and quota levels, establishes procedures for quota exclusion requests, and creates an export certification framework for countries with quota arrangements. The modifications take effect August 30, 2018.

Federal Register Open PDF 83 FR 45019

Impact dates

  1. CBP implements exclusions granted under clause 1

  2. Secretary issues procedures for exclusion requests

  3. Secretary publishes HTSUS revisions in Federal Register

  4. HTSUS modifications and new quota exclusion authority take effect

Key directives

  • Authorize Secretary to grant relief from quantitative limitations on aluminum articles for lack of sufficient domestic production or national security considerations
  • Secretary to issue exclusion request procedures as soon as practicable
  • CBP to implement exclusions as soon as practicable
  • Amend Proclamation 9704 clause 3 regarding exclusion notification and retroactivity
  • Establish export certification mechanism for quota countries
  • Modify HTSUS subheadings and notes to implement quota exclusion framework
  • Secretary to revise HTSUS and publish modifications in Federal Register
  • Maintain current tariff and quota levels

Who is ordered

Timeline

Immediate

  • HTSUS modifications effective August 30, 2018 at 12:01 a.m. EDT
  • Authorization for Secretary to grant quota exclusions takes effect
  • Retroactive relief provisions apply to pending liquidation entries

Near term (90d)

  • Secretary to issue procedures for exclusion requests 'as soon as practicable'
  • CBP to implement exclusions 'as soon as practicable'
  • Secretary to publish HTSUS revisions in Federal Register

Long term

  • Ongoing monitoring of aluminum imports by Secretary
  • Continued trade discussions with countries on alternative arrangements
  • Potential for further action based on monitoring or negotiated agreements

Risks & tensions

  • Potential tension between quota relief and tariff relief creating divergent treatment
  • Administrative burden on Commerce and CBP to process exclusion requests
  • Retroactive relief to request acceptance date may create implementation complexity
  • Export certification requirement for quota countries could disrupt established trade flows
  • 'As soon as practicable' deadlines create uncertainty for affected businesses
Proclamation 9776: Adjusting Imports of Aluminum Into the United States · Executive Orders