Presidential Document2021-28516
Adjusting Imports of Steel Into the United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2022
Signed
December 27, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Presidential Documents]
[Pages 11-26]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28516]
Presidential Documents
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 /
Presidential Documents
[[Page 11]]
Proclamation 10328 of December 27, 2021
Adjusting Imports of Steel Into the United States
By the President of the United States of America
A Proclamation
1. On January 11, 2018, the Secretary of Commerce
(Secretary) transmitted to the President a report on
the Secretary's 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). The Secretary found and advised the
President 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.
2. In Proclamation 9705 of March 8, 2018 (Adjusting
Imports of Steel Into the United States), the President
concurred in the Secretary's finding that steel
articles, as defined in clause 1 of Proclamation 9705,
as amended by clause 8 of Proclamation 9711 of March
22, 2018 (Adjusting Imports of Steel Into the United
States), 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 decided to adjust the imports of those
steel articles by imposing a 25 percent ad valorem
tariff on such articles imported from all countries
except Canada and Mexico. The proclamation further
stated that 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, and noted that, should the United
States and any such country arrive at a satisfactory
alternative means to address the threat to the national
security such that the President determines that
imports from that country no longer threaten to impair
the national security, the President may remove or
modify the restriction on steel articles imports from
that country and, if necessary, adjust the tariff as it
applies to other countries, as the national security
interests of the United States require.
3. In Proclamation 9711, the President noted the
continuing discussions with the European Union (EU) on
behalf of its member countries on satisfactory
alternative means to address the threatened impairment
to the national security by imports of steel articles
from these countries. Recognizing that the member
countries of the EU have an important security
relationship with the United States, the President
determined that the necessary and appropriate means to
address the threat to the national security posed by
imports of steel articles from these countries was to
continue the ongoing discussions and to exempt steel
articles imports from these countries from the tariff
proclaimed in Proclamation 9705 until May 1, 2018. In
Proclamation 9740 of April 30, 2018 (Adjusting Imports
of Steel Into the United States), the President noted
that, unless the President determines by further
proclamation that the United States has reached a
satisfactory alternative means to remove the threatened
impairment to the national security by imports of steel
articles from the member countries of the EU, the
tariff proclaimed in Proclamation 9705 shall be
effective June 1, 2018, for these countries.
4. The United States has successfully concluded
discussions with the EU on behalf of its member
countries on satisfactory alternative means to address
the threatened impairment of the national security
posed by steel articles
[[Page 12]]
imports from the EU. The United States and the EU have
agreed to expand coordination involving trade remedies
and customs matters, monitor bilateral steel and
aluminum trade, cooperate on addressing non-market
excess capacity, and annually review their arrangement
for alternative means and their ongoing cooperation. In
addition, the United States and the EU will seek to
conclude, by October 31, 2023, negotiations on global
steel and aluminum arrangements to restore market-
oriented conditions and support the reduction of carbon
intensity of steel and aluminum across modes of
production.
5. The United States will implement a number of
actions, including a tariff-rate quota that restricts
the quantity of steel articles imported into the United
States from the EU without the application of the
tariff proclaimed in Proclamation 9705. Under the
arrangement, steel articles that are melted and poured
in the EU are eligible for in-quota treatment. In my
judgment, these measures will provide an effective,
long-term alternative means to address any contribution
by EU steel articles imports to the threatened
impairment of the national security by restraining
steel articles imports to the United States from the
EU, limiting transshipment, discouraging excess steel
capacity and production, and strengthening the United
States-EU partnership in a fashion that will better
enable future arrangements. In light of this agreement,
I have determined that specified volumes of eligible
steel articles imports from the EU will no longer
threaten to impair the national security and have
decided to exclude such imports from the EU up to a
designated quota from the tariff proclaimed in
Proclamation 9705 through December 31, 2023. The United
States will monitor the implementation and
effectiveness of the tariff-rate quota and other
measures agreed upon with the EU in addressing our
national security needs, and I may revisit this
determination, as appropriate.
6. The alternative means, including the tariff-rate
quota, advance the recommendations contained in the
Secretary's January 2018 report. The agreed-upon
aggregate tariff-rate quota volume specified in the
agreement between the United States and the EU,
totaling 3.3 million metric tons, is consistent with
the objective of reaching and maintaining a sufficient
capacity utilization rate in the domestic steel
industry.
7. The United States also agreed to renew for 2
calendar years all exclusions that were granted and
utilized to import steel products tariff-free from the
EU in Fiscal Year 2021. These exclusions were granted
by the Department of Commerce due to a lack of domestic
availability of the specified products in the United
States.
8. In light of my determination to adjust the tariff
proclaimed in Proclamation 9705 as applied to eligible
steel articles imported from the EU, I have considered
whether it is necessary and appropriate in light of our
national security interests to make any corresponding
adjustments to such tariff as it applies to other
countries. I have determined that it is necessary and
appropriate, at this time, to maintain the current
tariff level as it applies to other countries.
9. 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.
10. 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 statutes affecting import
treatment, and actions thereunder, including the
removal, modification, continuance, or imposition of
any rate of duty or other import restriction.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., 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 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title
3, United States
[[Page 13]]
Code, and section 604 of the Trade Act of 1974, as
amended, do hereby proclaim as follows:
(1) To establish a tariff-rate quota on imports of
steel articles from member countries of the EU as set
forth in paragraph 5 of this proclamation, U.S. Note 16
of subchapter III of chapter 99 of the HTSUS is amended
as provided for in the Annex to this proclamation.
Imports of steel articles from member countries of the
EU in excess of the tariff-rate quota quantities shall
remain subject to the duties imposed by clause 2 of
Proclamation 9705, as amended. The Secretary, in
consultation with the United States Trade
Representative and the Secretary of Homeland Security,
shall recommend to the President, as warranted, updates
to the in-quota volumes contained in the Annex to this
proclamation.
(2) Clause 2 of Proclamation 9705, as amended, is
revised to read as follows:
``(2)(a) In order to establish certain
modifications to 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
and any subsequent proclamations regarding such steel
articles.
(b) Except as otherwise provided in this
proclamation, or in notices published pursuant to
clause 3 of this proclamation, all steel articles
imports covered by heading 9903.80.01, in subchapter
III of chapter 99 of the HTSUS, shall be subject to an
additional 25 percent ad valorem rate of duty with
respect to goods entered for consumption, or withdrawn
from warehouse for consumption, as follows: (i) on or
after 12:01 a.m. eastern daylight time on March 23,
2018, from all countries except Argentina, Australia,
Brazil, Canada, Mexico, South Korea, and the member
countries of the European Union; (ii) on or after 12:01
a.m. eastern daylight time on June 1, 2018, from all
countries except Argentina, Australia, Brazil, and
South Korea; (iii) on or after 12:01 a.m. eastern
daylight time on August 13, 2018, from all countries
except Argentina, Australia, Brazil, South Korea, and
Turkey; (iv) on or after 12:01 a.m. eastern daylight
time on May 20, 2019, from all countries except
Argentina, Australia, Brazil, South Korea, and Turkey;
(v) on or after 12:01 a.m. eastern daylight time on May
21, 2019, from all countries except Argentina,
Australia, Brazil, Canada, Mexico, and South Korea; and
(vi) on or after 12:01 a.m. eastern standard time on
January 1, 2022, from all countries except Argentina,
Australia, Brazil, Canada, Mexico, and South Korea, and
except the member countries of the European Union
through 11:59 p.m. eastern standard time on December
31, 2023, for steel articles covered by headings
9903.80.65 through 9903.81.19, inclusive. Further,
except as otherwise provided in notices published
pursuant to clause 3 of this proclamation, all steel
articles imports from Turkey covered by heading
9903.80.02, in subchapter III of chapter 99 of the
HTSUS, shall be subject to a 50 percent ad valorem rate
of duty with respect to goods entered for consumption,
or withdrawn from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on August 13,
2018, and prior to 12:01 a.m. eastern daylight time on
May 21, 2019. All steel articles imports covered by
heading 9903.80.61, in subchapter III of chapter 99 of
the HTSUS, shall be subject to the additional 25
percent ad valorem rate of duty established herein with
respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m.
eastern time on the date specified in a determination
by the Secretary granting relief. These rates of duty,
which are in addition to any other duties, fees,
exactions, and charges applicable to such imported
steel articles, shall apply to imports of steel
articles from each country as specified in the
preceding three sentences''.
(3) The first two sentences of clause 1 of
Proclamation 9980 of January 24, 2020 (Adjusting
Imports of Derivative Aluminum Articles and Derivative
Steel Articles Into the United States), are revised to
read as follows:
``In order to establish increases in the duty rate
on imports of certain derivative articles, subchapter
III of chapter 99 of the HTSUS is modified
[[Page 14]]
as provided in Annex I and Annex II to this
proclamation. Except as otherwise provided in this
proclamation, all imports of derivative aluminum
articles specified in Annex I to this proclamation
shall be subject to an additional 10 percent ad valorem
rate of duty, and all imports of derivative steel
articles specified in Annex II to this proclamation
shall be subject to an additional 25 percent ad valorem
rate of duty, with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, as follows: (i) on or after 12:01 a.m.
eastern standard time on February 8, 2020, these rates
of duty, which are in addition to any other duties,
fees, exactions, and charges applicable to such
imported derivative aluminum articles or steel
articles, shall apply to imports of derivative aluminum
articles described in Annex I to this proclamation from
all countries except Argentina, the Commonwealth of
Australia (Australia), Canada, and the United Mexican
States (Mexico) and to imports of derivative steel
articles described in Annex II to this proclamation
from all countries except Argentina, Australia, Brazil,
Canada, Mexico, and South Korea and; (ii) on or after
12:01 a.m. eastern standard time on January 1, 2022,
these rates of duty, which are in addition to any other
duties, fees, exactions, and charges applicable to such
imported derivative aluminum articles or steel
articles, shall apply to imports of derivative aluminum
articles described in Annex I to this proclamation from
all countries except Argentina, Australia, Canada, the
member countries of the European Union and Mexico and
to imports of derivative steel articles described in
Annex II to this proclamation from all countries except
Argentina, Australia, Brazil, Canada, the member
countries of the European Union, Mexico, and South
Korea.''
(4) Steel eligible for treatment under clause 1 of
this proclamation must be melted and poured in a member
country of the EU in order to receive such treatment.
The Secretary, in consultation with the Secretary of
Homeland Security and the United States Trade
Representative, is authorized to take such actions as
are necessary to ensure compliance with this
requirement. Failure to comply could result in
applicable remedies such as the collection of the
tariff set forth in clause 2 of Proclamation 9705, or
penalties under United States law.
(5) Steel articles from a member country of the EU
imported under an exclusion granted pursuant to clause
3 of Proclamation 9705, as amended, shall not count
against the in-quota volume of the tariff-rate quota
established in clause 1 of this proclamation.
(6) The Secretary is directed to renew all utilized
exclusions granted pursuant to clause 3 of Proclamation
9705, as amended, in Fiscal Year 2021 (October 1, 2020,
through September 30, 2021), for the import of steel
articles from one or more member countries of the EU
for a period of 2 years from the date of this
proclamation. The renewed exclusions shall be for an
annual volume equal to that volume imported from a
member country of the EU pursuant to the exclusion in
Fiscal Year 2021. The Secretary shall communicate to
U.S. Customs and Border Protection of the Department of
Homeland Security the exclusions and the volumes of
steel articles from member countries of the EU that are
allowed under this provision. The Secretary shall, by
publication on the Internet, or by other means, inform
importers of the availability and volume of exclusions
renewed by this provision. This provision does not
alter or modify in any way the ability of importers to
seek additional exclusions in accordance with clause 3
of Proclamation 9705, as amended, and as implemented by
the Department of Commerce, for the import of steel
articles from a member country of the EU.
(7) The Secretary shall, within 45 days of the
issuance of this proclamation, publish in the Federal
Register a notice seeking comments from interested
parties on the exclusion process as set forth in
Supplement No. 1 to part 705 of title 15 of the Code of
Federal Regulations. Issues to be included for comment
should include the responsiveness of the exclusion
process to market demand and enhanced consultation with
United States firms and
[[Page 15]]
labor organizations. Within 60 days of the close of the
comment period of the notice, the Secretary shall issue
a proposed regulation revising the exclusion process as
deemed appropriate following consideration of such
comments. In carrying out the review of the exclusion
process, the Secretary shall review whether the
criteria for review of exclusion requests in clause 3
of Proclamation 9705 that the ``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'' and clause 3 of Proclamation 9704 that
the ``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'' continues
to be the appropriate criterion for making
determinations. The Secretary is authorized to make
such changes to the criteria as the Secretary deems
necessary and shall issue a final rule implementing
such changes within 60 days of the comment period on
the proposed regulation.
(8) The Secretary, in coordination with the
Secretary of State and the heads of other executive
departments and agencies as necessary, shall establish
a process to assist United States steel and aluminum
consumers in identifying suppliers in those trading
partners with which the United States has negotiated an
arrangement under section 232 of the Trade Expansion
Act of 1962, as amended, that can provide the relevant
product.
(9) On a regular basis, the Department of Commerce
shall publish on its website the volume of steel
articles imported under exclusions issued pursuant to
clause 3 of Proclamation 9705, as amended.
(10) The modifications to the HTSUS made by clause
1 of this proclamation shall be effective with respect
to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m.
eastern standard time on January 1, 2022, and shall
continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(11) Any imports of steel articles from the member
countries of the EU that were admitted into a United
States foreign trade zone under ``privileged foreign
status'' as defined in 19 CFR 146.41, prior to 12:01
a.m. eastern standard time on January 1, 2022, shall be
subject upon entry for consumption made on or after
12:01 a.m. eastern standard time on January 1, 2022, to
the provisions of the tariff-rate quota in effect at
the time of the entry for consumption.
(12) 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.
[[Page 16]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-seventh day of December, in the year of our Lord
two thousand twenty-one, and of the Independence of the
United States of America the two hundred and forty-
sixth.
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[FR Doc. 2021-28516
Filed 12-30-21; 8:45 am]
Billing code 7020-02-C
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