特朗普正式簽署232措施文告
2018-03-12 09:41:47   來源:   評論:0 點擊:

特朗普正式簽署232措施文告
美國東部時間2018年3月8日下午,美國總統特朗普簽發了兩項總統文告(Proclamation),對美國進口的鋼鐵產品加征25%關稅,對鋁產品加征10%關稅,關稅措施將針對除加拿大和墨西哥外的其他全部國家。總統表示,基于加拿大和墨西哥與美國在國家安全問題和解決全球產能過剩問題上具有共同立場,兩國獲得臨時豁免。有報道指出,總統將根據NAFTA(北美自由貿易協定)的談判結果,決定是否對加拿大和墨西哥加征關稅。
對鋼鐵及鋁的進口限制措施將于美國東部時間2018年3月23日開始執行。文告指出,總統采納了美國商務部建議的訴請排除程序,如果能夠證明缺乏足夠的美國生產的同類產品或具體的國家安全考慮,則受影響的美國國內利害關系方可以申請將特定產品排除在加征關稅的范圍外。在總統公告發布的10天內,商務部部長將會發布具體執行訴請排除程序的規則。
總統指出,該項關稅措施將幫助美國國內產業恢復生機、保護相關技術、維持或增加國內產業產量。通過關稅措施,美國國家對于鋼鐵和鋁產品的需求將不再依賴于外國生產商,并且確保國內生產商可以為關鍵產業和國防提供標有的鋼鐵和鋁產品。
在白宮當天公布的新聞稿中提到,他歡迎與美國建立安全關系的國家提出其他方式以解決美國的貿易危機以及全球產能過剩問題,如果其他方式能夠解決美國面臨的問題,總統保留對個別國家修改或取消關稅措施的可能性。
上周總統宣布將在本周簽署命令并提出可能的關稅措施后,該措施即引發了國內以及國際上的廣泛議論和焦慮,甚至導致美國國家經濟委員會主席加里•科恩(Gary Cohn)的辭職。有不少美國政府官員反對總統在全球加征關稅,力勸采取措施針對真正的貿易“對手”,例如中國。然而,在眾多壓力下,總統仍然在本周發布的總統公告,正式宣布關稅措施,并且僅豁免了加拿大和墨西哥。
在總統文告簽署后,特朗普特別對記者強調,此次措施針對中國產品。雖然從海關數據上看,中國鋼鐵產品進口量似乎不大,但是實際上中國產品存在大量規避反傾銷反補貼稅的非法轉運行為,其實際對美的出口量很大。
特朗普簽署總統文告現場照片(轉載自紐約時報網站)
措施范圍
根據總統公告,加征關稅的進口產品范圍包括了以下美國海關稅則號的產品
(一)鋼鐵產品
·         720610至721650;
·         721699至730110,
·         730210、730240至730290;和
·         730410至730690。
主要分為以下5大類(包括但不限于):
1.  碳及合金成品板材產品:通過各種軋輥軋制半成品鋼所生產,包括薄板材(片)、帶材及中厚板材;
2.  碳及合金成品長材產品:不屬于板材產品類別的其他產品,包括鋼條(螺紋鋼)、桿(線、圓鋼等)及鋼梁(H型鋼等);
3.  碳及合金成品管材產品:無縫管或焊接管材產品,其中一些產品可能包括不銹鋼;
4.  碳及合金半成品鋼材:鋼水的初始或中間的固體形式,包括鋼坯(方坯、板坯等)、坯料、鋼錠和鑄件,需要進一步鍛造、軋制、成型或以其他方式加工為成品;及
5.  不銹鋼產品:不銹鋼的平材、長長、管材和半成品,含鉻量至少為10.5%,含碳量為1.2%或更少,比其他鋼材具有更好的耐腐蝕性。
(二)鋁產品
·         7601 未鍛軋鋁;
·         7604 鋁條、桿、型材及異型材;
·         7605 鋁絲;
·         7606 鋁板、片及帶,厚度超過0.2毫米;
·         7607 鋁箔(不論是否印花或用紙、紙板、塑料或類似材料襯背),厚度(襯背除外)不超過0.2毫米;
·         7608 鋁管;
·         7609 鋁制管子附件(例如接頭、肘管、管套);
·         7616.99.51.60 鋁鑄件;及
·         7616.99.51.70 鋁鍛件。
應對策略
(一)中國企業實戰應對方略
根據以往201救濟的規則,我們提供如下應對方略供中國企業參考:
1.關稅將基于美國協調關稅編碼(“HTS編碼”)和HTS描述由海關管理,對于出口產品是否涉案,企業可尋求律師的建議;
2.根據法律的規定,加征的限制性關稅會在3月23日對美國進口的相關貨物生效。過去有一些先例,對已在海上運輸的商品或者已下訂單的商品進行了豁免,但并不絕對。企業需要緊密關注最終的限制措施詳情;
3.進口商會在貨物進入美國關境時被要求繳納232關稅;
4.企業可以聘請律師向美國法院提出訴訟,主張232限制措施違反了法律;
5.“訴請排除程序”對企業來說非常關鍵,2002年201調查救濟中有超過2500項排除請求,其中有727項被準許,覆蓋了25%的涉案產品。關于排除程序,有以下幾點應對建議可企業參考:
a)參照最終措施中所規定的申請標準提出排除請求。相關排除申請程序將在10天后由商務部發布,請企業務必注意;
b)根據總統文告,排除申請應當由美國國內受影響的利害關系方提出;
c)排除請求可能將以電子方式提交,并會公布在網上待各方評論,排除可能是針對特定產品,而不是特定公司;
d)企業將受益于其他申請者被準許的排除請求,反之亦然;及
e)關注232措施中是否對排除具有追溯性做出規定。201案件中的排除具有追溯性,即所有稅款都會退還;
6.232關稅的計算與征收:現行關稅、反傾銷反補貼稅及232關稅均單獨根據產品在美國海關申報的入關價格進行分別計算,然后合并征收;
7.目前,產品可能會受到所有反傾銷/反補貼稅和232關稅的影響。在201案件中,計算反傾銷幅度時,額外的201關稅沒有從價格中扣減。如果232和反傾銷/反補貼之間存在重疊,可仔細審查企業的交易結構以利用這種可能性。
(二)國家層面的博弈 — WTO爭端解決
在國家層面上,歐盟已經準備好對美國進口貨物施加報復性關稅,同時也在考慮將美國采取的關稅措施訴至WTO。
但是,WTO爭端解決本身具有局限性。一方面,WTO爭端解決程序周期較長,從提起磋商請求到專家組作出裁決,再到上訴機構作出最終裁決,很可能需要兩年甚至更長的時間。另一方面,GATT項下存在安全例外條款,但是自WTO成立以來,專家組和上訴機構尚未裁決過關于安全例外的案件,因此,如何解釋GATT項下的安全例外條款,以及美國的關稅措施是否違反安全例外制度目前都是未知數。
(三)美國國內司法、立法的制約
基于美國三權分立的體制,總統的權力受到立法機構國會以及司法機構國內法院的制約。針對特朗普政府頗受非議的關稅措施,國內法院、國會有可能對此作出反應,約束總統權力。美國國內司法、立法機構制約總統權力看似“天馬行空”,但不乏亦有先例支持。
1、國內法院的司法救濟 
在美國三權分立的體制下,國家安全問題的判斷決策權傳統上屬于行政機構,美國國內法院通常不干預國家安全問題,尊重行政機構的在此問題上的裁量權。
但是,一旦問題超越了國家安全的范疇,比如如果證明所采取的措施并非出于國家安全的目的,而且經濟導向,美國法院也未必全無插手之處。此外,美國國內法院也曾因為進口措施對于國內產業的影響強于對于進口的影響而裁決措施違反。1980年,時任總統卡特依據針對進口石油的232調查結果,采取石油進口調整項目(Petroleum Import Adjustment Program)措施,然而該措施被美國法院認定違法。法院認為,該措施并沒有直接作用于進口,相反其對國內石油產業的影響要強于進口石油。
有趣的是,本次調查中,一些重要人物的言論已經多少顯露出本次關稅措施的經濟導向。在本周二的一次新聞發布會上,特朗普表示歐盟也許有機會贏得關稅措施的“暫緩執行”,“如果歐盟愿意取消一些壁壘,使我們的產品能夠進入歐盟市場,我們也許可以重新開始談判,不然就按規辦事”。
鑒于美國國內訴訟的可行性,中國企業可以考慮利用此種途徑,聘請律師向美國法院提起訴訟,主張關稅措施違反美國法律。需要指出的是,盡管國內法院訴訟確實是一條可能的救濟途徑,但是也有美國律師認為,由于“國家安全”的外延很廣,不難將經濟安全問題囊入其中。 
2、國會的立法制約
國會作為立法機構,修改232條款,限制總統在232條款項下的權限,可能是解決目前關稅措施最釜底抽薪的方式。由于在貿易問題上,國會和總統一直相互制衡,而特朗普想在任期內有所作為談下更多貿易合作,也不得不在處理與國會的關系上步步為營,因此,對于此次特朗普采取的關稅措施,國會是否有所行動,同樣值得關注。
 
調整美國鋼鐵進口的總統文告
Presidential Proclamation on Adjusting Imports of Steel into the United States
 
1.  On January 11, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of steel mill articles (steel 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).


2.  The Secretary found and advised me of his opinion that steel 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.  The Secretary found that the present quantities of steel articles imports and the circumstances of global excess capacity for producing steel are “weakening our internal economy,” resulting in the persistent threat of further closures of domestic steel production facilities and the “shrinking [of our] ability to meet national security production requirements in a national emergency.”  Because of these risks and the risk that the United States may be unable to “meet [steel] demands for national defense and critical industries in a national emergency,” and taking into account the close relation of the economic welfare of the Nation to our national security, see 19 U.S.C. 1862(d), the Secretary concluded that the present quantities and circumstances of steel articles imports threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended.


3.  In reaching this conclusion, the Secretary considered the previous U.S. Government measures and actions on steel articles imports and excess capacity, including actions taken under Presidents Reagan, George H.W. Bush, Clinton, and George W. Bush.  The Secretary also considered the Department of Commerce’s narrower investigation of iron ore and semi-finished steel imports in 2001, and found the recommendations in that report to be outdated given the dramatic changes in the steel industry since 2001, including the increased level of global excess capacity, the increased level of imports, the reduction in basic oxygen furnace facilities, the number of idled facilities despite increased demand for steel in critical industries, and the potential impact of further plant closures on capacity needed in a national emergency.


4.  In light of this conclusion, the Secretary recommended actions to adjust the imports of steel articles so that such imports will not threaten to impair the national security.  Among those recommendations was a global tariff of 24 percent on imports of steel articles in order to reduce imports to a level that the Secretary assessed would enable domestic steel producers to use approximately 80 percent of existing domestic production capacity and thereby achieve long-term economic viability through increased production.  The Secretary has also recommended that I authorize him, in response to specific requests from affected domestic parties, to exclude from any adopted import restrictions those steel articles for which the Secretary determines there is a lack of sufficient U.S. production capacity of comparable products, or to exclude steel articles from such restrictions for specific national security-based considerations.


5.  I concur in the Secretary’s finding that steel 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 I have considered his recommendations.


6.  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.


7.  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 acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.


8.  In the exercise of these authorities, I have decided to adjust the imports of steel articles by imposing a 25 percent ad valorem tariff on steel articles, as defined below, imported from all countries except Canada and Mexico.  In my judgment, this tariff is necessary and appropriate in light of the many factors I have considered, including the Secretary’s report, updated import and production numbers for 2017, the failure of countries to agree on measures to reduce global excess capacity, the continued high level of imports since the beginning of the year, and special circumstances that exist with respect to Canada and Mexico.  This relief will help our domestic steel industry to revive idled facilities, open closed mills, preserve necessary skills by hiring new steel workers, and maintain or increase production, which will reduce our Nation’s need to rely on foreign producers for steel and ensure that domestic producers can continue to supply all the steel necessary for critical industries and national defense.  Under current circumstances, this tariff is necessary and appropriate to address the threat that imports of steel articles pose to the national security.


9.  In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our internal economy and thereby threaten to impair the national security.  I also recognize our shared concern about global excess capacity, a circumstance that is contributing to the threatened impairment of the national security.  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.  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 steel articles imports from that country and, if necessary, make any corresponding adjustments to the tariff as it applies to other countries as our national security interests require.


10.  I conclude that Canada and Mexico present a special case.  Given our shared commitment to supporting each other in addressing national security concerns, our shared commitment to addressing global excess capacity for producing steel, the physical proximity of our respective industrial bases, the robust economic integration between our countries, the export of steel articles produced in the United States to Canada and Mexico, and the close relation of the economic welfare of the United States to our national security, see 19 U.S.C. 1862(d), I have determined that the necessary and appropriate means to address the threat to the national security posed by imports of steel articles from Canada and Mexico is to continue ongoing discussions with these countries and to exempt steel articles imports from these countries from the tariff, at least at this time.  I expect that Canada and Mexico will take action to prevent transshipment of steel articles through Canada and Mexico to the United States.


11.  In the meantime, the tariff imposed by this proclamation is an important first step in ensuring the economic viability of our domestic steel industry.  Without this tariff and satisfactory outcomes in ongoing negotiations with Canada and Mexico, the industry will continue to decline, leaving the United States at risk of becoming reliant on foreign producers of steel to meet our national security needs — a situation that is fundamentally inconsistent with the safety and security of the American people.  It is my judgment that the tariff imposed by this proclamation is necessary and appropriate to adjust imports of steel articles so that such imports will not threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended.


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 301 of title 3, United States Code, section 604 of the Trade Act of 1974, as amended, and section 232 of the Trade Expansion Act of 1962, as amended, do hereby proclaim as follows:


(1)  For the purposes of this proclamation, “steel articles” are defined at the Harmonized Tariff Schedule (HTS) 6?digit level as:  7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent revisions to these HTS classifications.


(2)  In order to establish increases in the duty rate on imports of steel articles, subchapter III of chapter 99 of the HTSUS is modified as provided in the Annex to this proclamation.  Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclamation, all steel articles imports specified in the Annex shall be subject to an additional 25 percent ad valorem rate of duty with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018.  This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from all countries except Canada and Mexico.


(3)  The Secretary, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the United States Trade Representative (USTR), the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and such other senior Executive Branch officials as the Secretary deems appropriate, is hereby authorized to provide relief from the additional duties set forth in clause 2 of this proclamation for any steel article determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality and is also authorized to provide such relief based upon specific national security considerations.  Such relief shall be provided for a steel article only after a request for exclusion is made by a directly affected party located in the United States.  If the Secretary determines that a particular steel article should be excluded, the Secretary shall, upon publishing a notice of such determination in the Federal Register, notify Customs and Border Protection (CBP) of the Department of Homeland Security concerning such article so that it will be excluded from the duties described in clause 2 of this proclamation.  The Secretary shall consult with CBP to determine whether the HTSUS provisions created by the Annex to this proclamation should be modified in order to ensure the proper administration of such exclusion, and, if so, shall make such modification to the HTSUS through a notice in the Federal Register.


(4)  Within 10 days after the date of this proclamation, the Secretary shall issue procedures for the requests for exclusion described in clause 3 of this proclamation.  The issuance of such procedures is exempt from Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).


(5)  (a)  The modifications to the HTSUS made by the Annex to this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.
(b)  The Secretary shall continue to monitor imports of steel articles and shall, from time to time, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the USTR, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Director of the Office of Management and Budget, and such other senior Executive Branch officials as the Secretary deems appropriate, review the status of such imports with respect to the national security.  The Secretary shall inform the President of any circumstances that in the Secretary’s opinion might indicate the need for further action by the President under section 232 of the Trade Expansion Act of 1962, as amended.  The Secretary shall also inform the President of any circumstance that in the Secretary’s opinion might indicate that the increase in duty rate provided for in this proclamation is no longer necessary.


(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 eighth day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.
DONALD J. TRUMP
 
調整美國鋁產品進口的總統文告
Presidential Proclamation on Adjusting Imports of Aluminum into the United States
 
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 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).


2.  The Secretary found and advised me of his opinion that aluminum is 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.  The Secretary found that the present quantities of aluminum imports and the circumstances of global excess capacity for producing aluminum are “weakening our internal economy,” leaving the United States “almost totally reliant on foreign producers of primary aluminum” and “at risk of becoming completely reliant on foreign producers of high-purity aluminum that is essential for key military and commercial systems.”  Because of these risks, and the risk that the domestic aluminum industry would become “unable to satisfy existing national security needs or respond to a national security emergency that requires a large increase in domestic production,” and taking into account the close relation of the economic welfare of the Nation to our national security, see 19 U.S.C. 1862(d), the Secretary concluded that the present quantities and circumstances of aluminum imports threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended.


3.  In light of this conclusion, the Secretary recommended actions to adjust the imports of aluminum so that such imports will not threaten to impair the national security.  Among those recommendations was a global tariff of 7.7 percent on imports of aluminum articles in order to reduce imports to a level that the Secretary assessed would enable domestic aluminum producers to use approximately 80 percent of existing domestic production capacity and thereby achieve long-term economic viability through increased production.  The Secretary has also recommended that I authorize him, in response to specific requests from affected domestic parties, to exclude from any adopted import restrictions those aluminum articles for which the Secretary determines there is a lack of sufficient U.S. production capacity of comparable products, or to exclude aluminum articles from such restrictions for specific national security-based considerations.


4.  I concur 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 I have considered his recommendations.


5.  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.


6.  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 acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.


7.  In the exercise of these authorities, I have decided to adjust the imports of aluminum articles by imposing a 10 percent ad valorem tariff on aluminum articles, as defined below, imported from all countries except Canada and Mexico.  In my judgment, this tariff is necessary and appropriate in light of the many factors I have considered, including the Secretary’s report, updated import and production numbers for 2017, the failure of countries to agree on measures to reduce global excess capacity, the continued high level of imports since the beginning of the year, and special circumstances that exist with respect to Canada and Mexico.  This relief will help our domestic aluminum industry to revive idled facilities, open closed smelters and mills, preserve necessary skills by hiring new aluminum workers, and maintain or increase production, which will reduce our Nation’s need to rely on foreign producers for aluminum and ensure that domestic producers can continue to supply all the aluminum necessary for critical industries and national defense.  Under current circumstances, this tariff is necessary and appropriate to address the threat that imports of aluminum articles pose to the national security.


8.  In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of aluminum to the United States weaken our internal economy and thereby threaten to impair the national security.  I also recognize our shared concern about global excess capacity, a circumstance that is contributing to the threatened impairment of the national security.  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.  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, make any corresponding adjustments to the tariff as it applies to other countries as our national security interests require.


9.  I conclude that Canada and Mexico present a special case.  Given our shared commitment to supporting each other in addressing national security concerns, our shared commitment to addressing global excess capacity for producing aluminum, the physical proximity of our respective industrial bases, the robust economic integration between our countries, the export of aluminum produced in the United States to Canada and Mexico, and the close relation of the economic welfare of the United States to our national security, see 19 U.S.C. 1862(d), I have determined that the necessary and appropriate means to address the threat to the national security posed by imports of aluminum articles from Canada and Mexico is to continue ongoing discussions with these countries and to exempt aluminum articles imports from these countries from the tariff, at least at this time.  I expect that Canada and Mexico will take action to prevent transshipment of aluminum articles through Canada and Mexico to the United States.


10.  In the meantime, the tariff imposed by this proclamation is an important first step in ensuring the economic viability of our domestic aluminum industry.  Without this tariff and satisfactory outcomes in ongoing negotiations with Canada and Mexico, the industry will continue to decline, leaving the United States at risk of becoming reliant on foreign producers of aluminum to meet our national security needs — a situation that is fundamentally inconsistent with the safety and security of the American people.  It is my judgment that the tariff imposed by this proclamation is necessary and appropriate to adjust imports of aluminum articles so that such imports will not threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended.


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 301 of title 3, United States Code, section 604 of the Trade Act of 1974, as amended, and section 232 of the Trade Expansion Act of 1962, as amended, do hereby proclaim as follows:


(1)  For the purposes of this proclamation, “aluminum articles” are defined in the Harmonized Tariff Schedule (HTS) as: (a) unwrought aluminum (HTS 7601); (b) aluminum bars, rods, and profiles (HTS 7604); (c) aluminum wire (HTS 7605); (d) aluminum plate, sheet, strip, and foil (flat rolled products) (HTS 7606 and 7607); (e) aluminum tubes and pipes and tube and pipe fitting (HTS 7608 and 7609); and (f) aluminum castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any subsequent revisions to these HTS classifications.


(2)  In order to establish increases in the duty rate on imports of aluminum articles, subchapter III of chapter 99 of the HTSUS is modified as provided in the Annex to this proclamation.  Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclamation, all imports of aluminum articles specified in the Annex shall be subject to an additional 10 percent ad valorem rate of duty with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018.  This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported aluminum articles, shall apply to imports of aluminum articles from all countries except Canada and Mexico.


(3)  The Secretary, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the United States Trade Representative (USTR), the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and such other senior Executive Branch officials as the Secretary deems appropriate, is hereby authorized to provide relief from the additional duties set forth in clause 2 of this proclamation for any aluminum article determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality and is also authorized to provide such relief based upon specific national security considerations.  Such relief shall be provided for an aluminum article only after a request for exclusion is made by a directly affected party located in the United States.  If the Secretary determines that a particular aluminum article should be excluded, the Secretary shall, upon publishing a notice of such determination in the Federal Register, notify Customs and Border Protection (CBP) of the Department of Homeland Security concerning such article so that it will be excluded from the duties described in clause 2 of this proclamation.  The Secretary shall consult with CBP to determine whether the HTSUS provisions created by the Annex to this proclamation should be modified in order to ensure the proper administration of such exclusion, and, if so, shall make such modification to the HTSUS through a notice in the Federal Register.


(4)  Within 10 days after the date of this proclamation, the Secretary shall issue procedures for the requests for exclusion described in clause 3 of this proclamation.  The issuance of such procedures is exempt from Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).


(5)  (a)  The modifications to the HTSUS made by the Annex to this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.
(b)  The Secretary shall continue to monitor imports of aluminum articles and shall, from time to time, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the USTR, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Director of the Office of Management and Budget, and such other senior Executive Branch officials as the Secretary deems appropriate, review the status of such imports with respect to the national security.  The Secretary shall inform the President of any circumstances that in the Secretary’s opinion might indicate the need for further action by the President under section 232 of the Trade Expansion Act of 1962, as amended.  The Secretary shall also inform the President of any circumstance that in the Secretary’s opinion might indicate that the increase in duty rate provided for in this proclamation is no longer necessary.


(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 eighth day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.



DONALD J. TRUMP
 
小知識:關于232調查及限制措施
 
“232調查”是指美國相關政府部門(目前為美國商務部)依據美國1962年《貿易擴展法》第232節就評估某項進口是否對美國國家安全造成威脅而發起的調查。在調查結果顯示進口對國家安全產生威脅的情況下,美國總統有權“采取其認為有必要的措施調整該項產品的進口,使該產品的進口不再威脅國家安全”。
 
2018年2月16日,美國商務部發布了對美國進口鋼鐵和鋁產品的232國家安全調查報告,認為進口鋼鐵和鋁產品嚴重損害了美國內產業,威脅到美國家安全。美國商務部據此向特朗普總統提出建議,對進口鋼鐵和鋁產品實施關稅、配額等進口限制措施
 

相關熱詞搜索:特朗普 文告 措施

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