特朗普正式签署232措施文告
2018-03-12 09:41:47   来源:   评论:0 点击:

特朗普正式签署232措施文告
美国东部时间2018年3月8日下午,美国总统特朗普签发了两项总统文告(Proclamation),对美国进口的钢铁产品加征25%关税,对铝产品加征10%关税,关税措施将针对除加拿大和墨西哥外的其他全部国家。总统表示,基于加拿大和墨西哥与美国在国家安全问题和解决全球产能过剩问题上具有共同立场,两国获得临时豁免。有报道指出,总统将根据NAFTA(北美自由贸易协定)的谈判结果,决定是否对加拿大和墨西哥加征关税。
对钢铁及铝的进口限制措施将于美国东部时间2018年3月23日开始执行。文告指出,总统采纳了美国商务部建议的诉请排除程序,如果能够证明缺乏足够的美国生产的同类产品或具体的国家安全考虑,则受影响的美国国内利害关系方可以申请将特定产品排除在加征关税的范围外。在总统公告发布的10天内,商务部部长将会发布具体执行诉请排除程序的规则。
总统指出,该项关税措施将帮助美国国内产业恢复生机、保护相关技术、维持或增加国内产业产量。通过关税措施,美国国家对于钢铁和铝产品的需求将不再依赖于外国生产商,并且确保国内生产商可以为关键产业和国防提供标有的钢铁和铝产品。
在白宫当天公布的新闻稿中提到,他欢迎与美国建立安全关系的国家提出其他方式以解决美国的贸易危机以及全球产能过剩问题,如果其他方式能够解决美国面临的问题,总统保留对个别国家修改或取消关税措施的可能性。
上周总统宣布将在本周签署命令并提出可能的关税措施后,该措施即引发了国内以及国际上的广泛议论和焦虑,甚至导致美国国家经济委员会主席加里•科恩(Gary Cohn)的辞职。有不少美国政府官员反对总统在全球加征关税,力劝采取措施针对真正的贸易“对手”,例如中国。然而,在众多压力下,总统仍然在本周发布的总统公告,正式宣布关税措施,并且仅豁免了加拿大和墨西哥。
在总统文告签署后,特朗普特别对记者强调,此次措施针对中国产品。虽然从海关数据上看,中国钢铁产品进口量似乎不大,但是实际上中国产品存在大量规避反倾销反补贴税的非法转运行为,其实际对美的出口量很大。
特朗普签署总统文告现场照片(转载自纽约时报网站)
措施范围
根据总统公告,加征关税的进口产品范围包括了以下美国海关税则号的产品
(一)钢铁产品
·         720610至721650;
·         721699至730110,
·         730210、730240至730290;和
·         730410至730690。
主要分为以下5大类(包括但不限于):
1.  碳及合金成品板材产品:通过各种轧辊轧制半成品钢所生产,包括薄板材(片)、带材及中厚板材;
2.  碳及合金成品长材产品:不属于板材产品类别的其他产品,包括钢条(螺纹钢)、杆(线、圆钢等)及钢梁(H型钢等);
3.  碳及合金成品管材产品:无缝管或焊接管材产品,其中一些产品可能包括不锈钢;
4.  碳及合金半成品钢材:钢水的初始或中间的固体形式,包括钢坯(方坯、板坯等)、坯料、钢锭和铸件,需要进一步锻造、轧制、成型或以其他方式加工为成品;及
5.  不锈钢产品:不锈钢的平材、长长、管材和半成品,含铬量至少为10.5%,含碳量为1.2%或更少,比其他钢材具有更好的耐腐蚀性。
(二)铝产品
·         7601 未锻轧铝;
·         7604 铝条、杆、型材及异型材;
·         7605 铝丝;
·         7606 铝板、片及带,厚度超过0.2毫米;
·         7607 铝箔(不论是否印花或用纸、纸板、塑料或类似材料衬背),厚度(衬背除外)不超过0.2毫米;
·         7608 铝管;
·         7609 铝制管子附件(例如接头、肘管、管套);
·         7616.99.51.60 铝铸件;及
·         7616.99.51.70 铝锻件。
应对策略
(一)中国企业实战应对方略
根据以往201救济的规则,我们提供如下应对方略供中国企业参考:
1.关税将基于美国协调关税编码(“HTS编码”)和HTS描述由海关管理,对于出口产品是否涉案,企业可寻求律师的建议;
2.根据法律的规定,加征的限制性关税会在3月23日对美国进口的相关货物生效。过去有一些先例,对已在海上运输的商品或者已下订单的商品进行了豁免,但并不绝对。企业需要紧密关注最终的限制措施详情;
3.进口商会在货物进入美国关境时被要求缴纳232关税;
4.企业可以聘请律师向美国法院提出诉讼,主张232限制措施违反了法律;
5.“诉请排除程序”对企业来说非常关键,2002年201调查救济中有超过2500项排除请求,其中有727项被准许,覆盖了25%的涉案产品。关于排除程序,有以下几点应对建议可企业参考:
a)参照最终措施中所规定的申请标准提出排除请求。相关排除申请程序将在10天后由商务部发布,请企业务必注意;
b)根据总统文告,排除申请应当由美国国内受影响的利害关系方提出;
c)排除请求可能将以电子方式提交,并会公布在网上待各方评论,排除可能是针对特定产品,而不是特定公司;
d)企业将受益于其他申请者被准许的排除请求,反之亦然;及
e)关注232措施中是否对排除具有追溯性做出规定。201案件中的排除具有追溯性,即所有税款都会退还;
6.232关税的计算与征收:现行关税、反倾销反补贴税及232关税均单独根据产品在美国海关申报的入关价格进行分别计算,然后合并征收;
7.目前,产品可能会受到所有反倾销/反补贴税和232关税的影响。在201案件中,计算反倾销幅度时,额外的201关税没有从价格中扣减。如果232和反倾销/反补贴之间存在重叠,可仔细审查企业的交易结构以利用这种可能性。
(二)国家层面的博弈 — WTO争端解决
在国家层面上,欧盟已经准备好对美国进口货物施加报复性关税,同时也在考虑将美国采取的关税措施诉至WTO。
但是,WTO争端解决本身具有局限性。一方面,WTO争端解决程序周期较长,从提起磋商请求到专家组作出裁决,再到上诉机构作出最终裁决,很可能需要两年甚至更长的时间。另一方面,GATT项下存在安全例外条款,但是自WTO成立以来,专家组和上诉机构尚未裁决过关于安全例外的案件,因此,如何解释GATT项下的安全例外条款,以及美国的关税措施是否违反安全例外制度目前都是未知数。
(三)美国国内司法、立法的制约
基于美国三权分立的体制,总统的权力受到立法机构国会以及司法机构国内法院的制约。针对特朗普政府颇受非议的关税措施,国内法院、国会有可能对此作出反应,约束总统权力。美国国内司法、立法机构制约总统权力看似“天马行空”,但不乏亦有先例支持。
1、国内法院的司法救济 
在美国三权分立的体制下,国家安全问题的判断决策权传统上属于行政机构,美国国内法院通常不干预国家安全问题,尊重行政机构的在此问题上的裁量权。
但是,一旦问题超越了国家安全的范畴,比如如果证明所采取的措施并非出于国家安全的目的,而且经济导向,美国法院也未必全无插手之处。此外,美国国内法院也曾因为进口措施对于国内产业的影响强于对于进口的影响而裁决措施违反。1980年,时任总统卡特依据针对进口石油的232调查结果,采取石油进口调整项目(Petroleum Import Adjustment Program)措施,然而该措施被美国法院认定违法。法院认为,该措施并没有直接作用于进口,相反其对国内石油产业的影响要强于进口石油。
有趣的是,本次调查中,一些重要人物的言论已经多少显露出本次关税措施的经济导向。在本周二的一次新闻发布会上,特朗普表示欧盟也许有机会赢得关税措施的“暂缓执行”,“如果欧盟愿意取消一些壁垒,使我们的产品能够进入欧盟市场,我们也许可以重新开始谈判,不然就按规办事”。
鉴于美国国内诉讼的可行性,中国企业可以考虑利用此种途径,聘请律师向美国法院提起诉讼,主张关税措施违反美国法律。需要指出的是,尽管国内法院诉讼确实是一条可能的救济途径,但是也有美国律师认为,由于“国家安全”的外延很广,不难将经济安全问题囊入其中。 
2、国会的立法制约
国会作为立法机构,修改232条款,限制总统在232条款项下的权限,可能是解决目前关税措施最釜底抽薪的方式。由于在贸易问题上,国会和总统一直相互制衡,而特朗普想在任期内有所作为谈下更多贸易合作,也不得不在处理与国会的关系上步步为营,因此,对于此次特朗普采取的关税措施,国会是否有所行动,同样值得关注。
 
调整美国钢铁进口的总统文告
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
 
调整美国铝产品进口的总统文告
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
 
小知识:关于232调查及限制措施
 
“232调查”是指美国相关政府部门(目前为美国商务部)依据美国1962年《贸易扩展法》第232节就评估某项进口是否对美国国家安全造成威胁而发起的调查。在调查结果显示进口对国家安全产生威胁的情况下,美国总统有权“采取其认为有必要的措施调整该项产品的进口,使该产品的进口不再威胁国家安全”。
 
2018年2月16日,美国商务部发布了对美国进口钢铁和铝产品的232国家安全调查报告,认为进口钢铁和铝产品严重损害了美国内产业,威胁到美国家安全。美国商务部据此向特朗普总统提出建议,对进口钢铁和铝产品实施关税、配额等进口限制措施
 

相关热词搜索:特朗普 文告 措施

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