Presidential Document2024-15641
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
July 15, 2024
Signed
July 10, 2024
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 89 Issue 135 (Monday, July 15, 2024)</title>
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[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Presidential Documents]
[Pages 57347-57352]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15641]
Presidential Documents
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 /
Presidential Documents
[[Page 57347]]
Proclamation 10783 of July 10, 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 steel
articles by imposing a 25 percent ad valorem tariff on
such articles imported from all countries except Canada
and Mexico. Proclamation 9705 further stated that any
country with which the United States has a security
relationship is welcome to discuss 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 9705, the President also directed
the Secretary to monitor imports of steel articles and
inform the President of any circumstances that in the
Secretary's opinion might indicate the need for further
action under section 232 of the Trade Expansion Act of
1962, as amended, with respect to such imports.
4. In Proclamation 9894 of May 19, 2019 (Adjusting
Imports of Steel Into the United States), the President
noted that the United States had successfully concluded
discussions with Mexico on satisfactory alternative
means to address the threatened impairment of the
national security posed by steel imports from Mexico.
The United States agreed on a range of measures with
Mexico that were expected to allow imports of steel
from Mexico to remain stable at historical levels
without meaningful increases, thus permitting the
domestic capacity utilization to remain reasonably
commensurate with the target level recommended in the
Secretary's report. In the President's judgment, these
measures would provide effective, long-term alternative
means to address the contribution of Mexico's imports
to the threatened impairment of the national security.
5. The President determined in Proclamation 9894 that,
under the framework in the agreement reached with
Mexico, imports of steel from Mexico would
[[Page 57348]]
no longer threaten to impair the national security and
accordingly excluded Mexico from the tariff proclaimed
in Proclamation 9705, as amended. The President noted
that the United States would monitor the implementation
and effectiveness of these measures in addressing our
national security needs, and that the President may
revisit this determination as appropriate.
6. In Proclamation 9980 of January 24, 2020 (Adjusting
Imports of Derivative Aluminum Articles and Derivative
Steel Articles Into the United States), the President
noted that, among other things, imports of certain
derivatives of steel articles had significantly
increased since the imposition of tariffs and quotas on
imports of steel articles in 2018. The President
further noted the Secretary's assessment that foreign
producers increased shipments of such derivative
articles to the United States to circumvent the duties
on steel articles imposed in Proclamation 9705, and
that the net effect of the increase of imports of these
derivatives had been to erode the customer base for
United States producers of steel and undermine the
purpose of Proclamation 9705.
7. Based on such assessments by the Secretary, the
President concluded in Proclamation 9980 that it was
necessary and appropriate in light of our national
security interests to adjust the tariffs imposed by
previous proclamations to apply to certain derivatives
of steel articles from most countries, excluding
Argentina, Australia, Brazil, Canada, Mexico, and South
Korea. This action was necessary and appropriate to
address circumvention that was undermining the
effectiveness of the adjustment of imports made in
Proclamation 9705, as amended, and to remove the
threatened impairment of the national security of the
United States found in that proclamation.
8. The Secretary has informed me that domestic steel
producers' capacity utilization remains below the
target 80 percent capacity utilization recommended in
the Secretary's report of January 11, 2018, and imports
of steel articles from Mexico have increased
significantly as compared to their levels at the time
of Proclamation 9894. In the Secretary's opinion, these
developments indicate the need for further action under
section 232 of the Trade Expansion Act of 1962, as
amended, with respect to such steel imports. In
monitoring the implementation and effectiveness of the
agreement with Mexico in addressing our national
security needs, I have determined that it is
appropriate to revisit the President's determination in
Proclamation 9894 regarding the applicability of the
tariff imposed in Proclamation 9705 to steel articles
imports from Mexico.
9. Accordingly, the United States will implement a melt
and pour requirement for imports of steel articles that
are products of Mexico and will increase the section
232 duty rate for imports of steel articles and
derivative steel articles that are products of Mexico
that are melted and poured in a country other than
Mexico, Canada, or the United States. In order to be
eligible for importation free from section 232 tariffs,
steel articles and derivative steel articles that are
products of Mexico must be melted and poured in Mexico,
Canada, or the United States. In my judgment, these
measures will provide an effective, long-term
alternative means to address any contribution by
Mexican steel articles imports to the threatened
impairment of the national security by restraining
steel articles imports to the United States from
Mexico, limiting transshipment, and discouraging excess
steel capacity and production. The United States will
monitor the implementation and effectiveness of the
measures agreed upon with Mexico in addressing our
national security needs, and I may revisit this
determination, as appropriate.
10. To prevent transshipment, excess production, or
other actions that would lead to increased exports of
steel articles to the United States, the United States
Trade Representative, in consultation with the
Secretary, shall advise me if there is a surge in
imports of steel articles to the United States from
Mexico and on the appropriate means to ensure that such
imports from Mexico do not undermine the national
security objectives of the tariff imposed in
Proclamation 9705, as amended. If necessary and
appropriate,
[[Page 57349]]
I will consider directing the U.S. Customs and Border
Protection (CBP) of the Department of Homeland Security
to no longer exclude imports of steel articles from
Mexico from the tariff imposed in Proclamation 9705, as
amended.
11. In light of my determination to adjust the tariff
proclaimed in Proclamation 9705, as amended, as applied
to eligible steel articles imports from Mexico,
respectively, 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.
12. 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.
13. 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 a melt and pour requirement for
imports of steel articles and derivative steel articles
that are products of Mexico, and an increase in the
duty rate for imports of steel articles and derivative
steel articles that are products of Mexico that are
melted and poured in a country other than Mexico,
Canada, or the United States, amendments to U.S. note
16 to subchapter III of chapter 99 and new HTSUS
headings are provided for in the Annex to this
proclamation. Imports of steel articles and derivative
steel articles that are products of Mexico shall be
exempt from the duty provided that such steel products
are melted and poured in Mexico, Canada, or the United
States.
(2) For purposes of implementing the melt and pour
requirements in this and other proclamations, importers
of steel and steel derivative articles shall provide to
CBP the information necessary to identify the countries
where the steel used in the manufacture of steel
articles imports, covered by clause 1 of Proclamation
9705, and derivative steel articles, specified in Annex
II of Proclamation 9980, are melted and poured. CBP
shall implement the melt and pour information
requirements as soon as practicable.
(3) 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 daylight time on July 10, 2024, and shall
continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(4) Any imports of steel articles that are products
of Mexico and 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 July 10, 2024, shall be subject upon
entry for consumption made on or after 12:01 a.m.
eastern daylight time on July 10, 2024, to the
provisions of Proclamations 9894 and 9980.
(5) 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 57350]]
IN WITNESS WHEREOF, I have hereunto set my hand this
tenth day of July, 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
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[GRAPHIC] [TIFF OMITTED] TD15JY24.002
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[GRAPHIC] [TIFF OMITTED] TD15JY24.003
[FR Doc. 2024-15641
Filed 7-12-24; 8:45 am]
Billing code 7020-02-C
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</html>Indexed from Federal Register on July 15, 2024.
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