ExecutiveOrdersEO
Proc 10133ProclamationTrump 45 · R Quiet signal

Proclamation 10133

To Continue Facilitating Positive Adjustment to Competition From Imports of Large Residential Washers

This proclamation extends for two additional years a safeguard measure on imports of large residential washers and covered washer parts originally imposed in 2018. The extension maintains tariff-rate quotas with scheduled duty reductions in years four and five, while preserving exclusions for Canada and certain developing WTO member countries below import thresholds.

Federal Register Open PDF 86 FR 6541

Impact dates

  1. One year after termination of safeguard measure: deletion of HTS provisions

  2. Deadline for President to determine if modification/termination necessary after WTO consultations (within 60 days of proclamation)

  3. Proclamation of modification or termination within 40 days of determination

  4. Foreign trade zone admission as privileged foreign status takes effect

Key directives

  • Extend tariff-rate quota on washers for 2 years with unchanging within-quota quantities and annual duty reductions in years 4-5
  • Extend tariff-rate quota on covered washer parts for 2 years with increasing within-quota quantities and annual duty reductions in years 4-5
  • Apply safeguard measure to all countries except Canada and eligible developing WTO members
  • Admit merchandise in foreign trade zones on or after February 8, 2021 as 'privileged foreign status'
  • Continue quarterly allocation of within-quota quantities as established in Proclamation 9979
  • Delete HTS provisions one year after safeguard termination

Who is ordered

Timeline

Immediate

  • Safeguard measure takes effect for merchandise admitted to foreign trade zones on or after 12:01 a.m. EST February 8, 2021

Near term (90d)

  • Potential determination within 60 days of January 14, 2021 (by March 15, 2021) regarding necessity to modify or terminate safeguard measure following WTO consultations; corresponding proclamation within 40 days of any such determination

Long term

  • Two-year extension of safeguard measure through early 2023
  • Annual duty reductions in years four and five
  • Automatic deletion of HTS provisions one year after termination of safeguard measure

Risks & tensions

  • WTO compliance risk: extension of safeguard measures beyond initial period may face challenge under WTO Agreement on Safeguards
  • Bilateral tension with developing countries if import thresholds exceeded and exclusions removed
  • USTR discretionary authority to modify quantitative restrictions creates uncertainty for importers
  • Timing in final days of Trump administration (January 14, 2021) means Biden administration inherits implementation and potential WTO consultation outcomes
Proclamation 10133: To Continue Facilitating Positive Adjustment to Competition From Imports of Large Residential Washers · Executive Orders