Presidential Document2024-12503
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, 2024
Signed
May 31, 2024
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Presidential Documents]
[Pages 48233-48239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12503]
Presidential Documents
Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 /
Presidential Documents
[[Page 48233]]
Proclamation 10771 of May 31, 2024
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 the Secretary's 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 the United States
has 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. In Proclamation 10588 of May
31, 2023 (Adjusting Imports of Steel Into the United
States), I extended the suspension of tariffs for an
additional year and expanded the scope of Proclamation
10403 to include the suspension of tariffs on steel
articles from Ukraine further processed in countries
that are members of the European Union. In both
proclamations, 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 or
Proclamation 10588. 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. The
amount of steel imported into the United States from
[[Page 48234]]
Ukraine decreased in 2023 compared to 2022, and it is
still below the average import volume prior to 2021. In
2023 the amount of steel imported into the United
States from Ukraine 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 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. 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, as extended and expanded by
Proclamation 10588, 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.
6. 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.
7. 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.
8. 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 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.
[[Page 48235]]
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; (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, and (x) on or after 12:01
a.m. eastern standard time on January 1, 2024, from all countries except
Argentina, Australia, Brazil, Canada, Mexico, and South Korea, and except
for Ukraine through 11:59 p.m. eastern daylight time on June 1, 2025, and
except the member countries of the European Union through 11:59 p.m.
eastern standard time on December 31, 2025, 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, 2025. 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
[[Page 48236]]
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
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
[[Page 48237]]
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 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, 2025.''
(4) Any imports of steel articles from Ukraine 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 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 United States
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),
and extended in Proclamation 10691 of December 28, 2023
(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 48238]]
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of May, in the year of our Lord two
thousand twenty-four, and of the Independence of the
United States of America the two hundred and forty-
eighth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F4-P
[[Page 48239]]
[GRAPHIC] [TIFF OMITTED] TD05JN24.000
[FR Doc. 2024-12503
Filed 6-4-24; 11:15 am]
Billing code 7020-02-C
</pre></body>
</html>Indexed from Federal Register on June 5, 2024.
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.