Presidential Document2023-12055
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
June 5, 2023
Signed
May 31, 2023
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Presidential Documents]
[Pages 36437-36444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12055]
Presidential Documents
Federal Register / Vol. 88 , No. 107 / Monday, June 5, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 36437]]
Proclamation 10588 of May 31, 2023
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 10403 of May 27, 2022 (Adjusting
Imports of Steel Into the United States), I suspended
the tariffs set forth in Proclamation 9705 for the
import of steel articles and derivative steel articles
from Ukraine for 1 year. I also instructed the
Secretary to monitor the situation in the domestic
steel industry and developments in Ukraine's steel
industry and inform me of any need to terminate or
extend this suspension.
4. The Secretary has informed me that the situation
with regard to Ukraine's steel industry has not changed
since the issuance of Proclamation 10403. Ukraine's
steel industry continues to be significantly disrupted
by the Russian Federation's unjustified, unprovoked,
unyielding, and unconscionable war against Ukraine. The
significant disruption in Ukraine's steel production
has decreased the total amount of steel produced by
Ukraine. While the amount of steel imported into the
United States from Ukraine increased slightly in 2022
compared to 2021, it is still below the average import
volume prior to 2021, and in 2022 it accounted for less
than 1 percent of all steel imports into the United
States. At the same time, the steel industry has been
historically important to Ukraine, and both the United
States and Ukraine have an interest in maintaining that
industry as an economic lifeline while the country
recovers. The Secretary has also informed
[[Page 36438]]
me that the United States and Ukraine continue to be
engaged in broad security discussions. The current
disruption of Ukrainian steel production has been part
of those discussions, and the ongoing discussion is
anticipated to include alternative measures to prevent
imports of steel from Ukraine from threatening the
national security of the United States as Ukraine's
steel production recovers from the significant
disruption caused by the war.
5. The Secretary has also informed me that the
disruption of the Ukrainian steel industry has caused
some steel articles from Ukraine to be further
processed in countries that are members of the European
Union. Expanding the scope of Proclamation 10403 to
include the suspension of the tariffs on products from
the European Union made from steel originating in
Ukraine will greatly assist the Ukrainian steel
industry. A certificate of origin attesting to the
Ukrainian origin of the steel articles further
processed in a member country of the European Union
shall be required for duty-free treatment.
6. In light of the Secretary's findings, I conclude
that Ukraine's present situation remains a special case
and that an extension of the suspension of tariffs in
Proclamation 10403 and the inclusion of steel articles
from Ukraine further processed in a member country of
the European Union is warranted. The Secretary shall
continue to monitor the situation in the domestic steel
industry and developments in Ukraine's steel industry
and inform me of any need to terminate or extend this
suspension.
7. In light of my determination to adjust the tariff
proclaimed in Proclamation 9705 as applied to eligible
steel articles and derivative steel articles that are
the product of Ukraine, 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 products of
other countries. I have determined that it is necessary
and appropriate, at this time, to maintain the current
tariff level as it applies to products of other
countries.
8. Section 232 of the Trade Expansion Act of 1962, as
amended, authorizes the President to take action 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.
9. 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 Code, and section 604 of the Trade Act
of 1974, as amended, do hereby proclaim as follows:
(1) To establish duty-free treatment on imports of
steel articles when such are the products of Ukraine as
set forth in clauses 2 and 3 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.
(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
[[Page 36439]]
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; (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; (vii) on or after 12:01 a.m. eastern daylight time on April 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, and from Japan, for steel articles covered by headings
9903.81.25 through 9903.81.80, inclusive; (viii) on or after 12:01 a.m.
eastern daylight time on June 1, 2022, from all countries except Argentina,
Australia, Brazil, Canada, Mexico, South Korea, and Ukraine through 11:59
p.m. eastern daylight time on June 1, 2023, 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, and from Japan and the United Kingdom (UK), for
steel articles covered by subheadings 9903.81.25 through 9903.81.78 and
heading 9903.81.80, and from the member countries of the European Union,
for steel articles covered by heading 9903.81.81; and (ix) on or after
12:01 a.m. eastern daylight time on June 1, 2023, from all countries except
Argentina, Australia, Brazil, Canada, Mexico, South Korea, and Ukraine
through 11:59 p.m. eastern daylight time on June 1, 2024, 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, and from Japan and the UK, for
steel articles covered by subheadings 9903.81.25 through 9903.81.78 and
heading 9903.81.80, and from the member countries of the European Union,
for steel articles covered by heading 9903.81.81, and from the member
countries of the European Union where the steel used in the manufacture of
the steel article is melted and poured in Ukraine through 11:59 p.m.
eastern daylight time on June 1, 2024. 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''.
[[Page 36440]]
(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 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; (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; (iii) on or after 12:01 a.m. eastern daylight
time on April 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,
Japan, Mexico, and South Korea; (iv) on or after 12:01
a.m. eastern daylight time on June 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, Mexico, and the
UK, 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, Japan,
Mexico, South Korea, and the UK, and except from
Ukraine through 11:59 p.m. eastern daylight time on
June 1, 2023; (v) on or after 12:01 a.m. eastern
standard time on March 10, 2023, 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, Mexico, the UK,
and Russia, 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, Japan,
Mexico, South Korea, and the UK, and except from
Ukraine through 11:59 p.m. eastern daylight time on
June 1, 2023; and (vi) on or after 12:01 a.m. eastern
daylight time on June 1, 2023, these rates of duty,
which are in addition to any
[[Page 36441]]
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, Mexico, the UK,
and Russia, 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, Japan,
Mexico, South Korea, and the UK, and except from
Ukraine through 11:59 p.m. eastern daylight time on
June 1, 2024.''
(4) Any imports of steel articles from Ukraine that
were admitted into a U.S. foreign trade zone under
``privileged foreign status'' as defined in 19 CFR
146.41, prior to 12:01 a.m. eastern daylight time on
June 1, 2022, shall be subject upon entry for
consumption made on or after 12:01 a.m. eastern
daylight time on June 1, 2022, to the 25 percent rate
of duty imposed by Proclamation 9705, as amended; and
any imports of steel articles from the member countries
of the European Union where the steel used in the
manufacture of the steel article is melted and poured
in Ukraine that were admitted into a U.S. foreign trade
zone under ``privileged foreign status'' as defined in
19 CFR 146.41, prior to 12:01 a.m. eastern daylight
time on June 1, 2023, shall be subject upon entry for
consumption made on or after 12:01 a.m. eastern
daylight time on June 1, 2023, to the 25 percent rate
of duty imposed by Proclamation 9705, as amended.
(5) Steel articles from a member country of the
European Union where the steel used in the manufacture
of the steel article is melted and poured in Ukraine
are not eligible for, and shall not count against, the
in-quota volume of the tariff-rate quota established in
clause 1 of Proclamation 10328 of December 27, 2021
(Adjusting Imports of Steel Into the United States).
(6) Steel articles from Ukraine eligible for
treatment under clauses 2 and 3 of this proclamation
must be accompanied by a certificate of origin in order
to be eligible for duty-free 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 and clause 1 of Proclamation 9980, or
penalties under United States law.
(7) 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 36442]]
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of May, in the year of our Lord two
thousand twenty-three, and of the Independence of the
United States of America the two hundred and forty-
seventh.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F3-P
[[Page 36443]]
[GRAPHIC] [TIFF OMITTED] TD05JN23.032
[[Page 36444]]
[GRAPHIC] [TIFF OMITTED] TD05JN23.033
[FR Doc. 2023-12055
Filed 6-2-23; 8:45 am]
Billing code 7020-02-C
</pre></body>
</html>Indexed from Federal Register on June 5, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.