Adjusting Imports of Steel Into the United States, 25857-25877 [2018-12140]

Agencies

• Executive Office of the President

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Presidential Documents]
[Pages 25857-25877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12140]




                        Presidential Documents 



Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / 
Presidential Documents

[[Page 25857]]


                Proclamation 9759 of May 31, 2018

                
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 me a report on his 
                investigation into the effect of imports of steel mill 
                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).

                2. In Proclamation 9705 of March 8, 2018 (Adjusting 
                Imports of Steel Into the United States), I concurred 
                in the Secretary's finding that steel mill 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, 
                and decided to adjust the imports of steel mill 
                articles, as defined in clause 1 of Proclamation 9705, 
                as amended (steel articles), by imposing a 25 percent 
                ad valorem tariff on such articles imported from most 
                countries, beginning March 23, 2018. I 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 I determine that imports from that 
                country no longer threaten to impair the national 
                security, I 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 of March 22, 2018 (Adjusting 
                Imports of Steel Into the United States), I noted the 
                continuing discussions with the Argentine Republic 
                (Argentina), the Commonwealth of Australia (Australia), 
                the Federative Republic of Brazil (Brazil), Canada, 
                Mexico, the Republic of Korea (South Korea), and the 
                European Union (EU) on behalf of its member countries, 
                on satisfactory alternative means to address the 
                threatened impairment to the national security posed by 
                imports of steel articles from those countries. 
                Recognizing that each of these countries and the EU has 
                an important security relationship with the United 
                States, I determined that the necessary and appropriate 
                means to address the threat to 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, as amended, until May 
                1, 2018.

                4. In Proclamation 9740 of April 30, 2018 (Adjusting 
                Imports of Steel Into the United States), I noted that 
                the United States had agreed in principle with 
                Argentina, Australia, and Brazil on satisfactory 
                alternative means to address the threatened impairment 
                to our national security posed by steel articles 
                imports from these countries and extended the temporary 
                exemption of these countries from the tariff proclaimed 
                in Proclamation 9705, as amended, in order to finalize 
                the details.

                5. The United States has agreed on a range of measures 
                with these countries, including measures to reduce 
                excess steel production and excess steel capacity, 
                measures that will contribute to increased capacity 
                utilization in the United States, and measures to 
                prevent the transshipment of steel articles

[[Page 25858]]

                and avoid import surges. In my judgment, these measures 
                will provide effective, long-term alternative means to 
                address these countries' contribution to the threatened 
                impairment to our national security by restraining 
                steel articles exports to the United States from each 
                of them, limiting transshipment and surges, and 
                discouraging excess steel capacity and excess steel 
                production. In light of these agreements, I have 
                determined that steel articles imports from these 
                countries will no longer threaten to impair the 
                national security and thus have decided to exclude 
                these countries from the tariff proclaimed in 
                Proclamation 9705, as amended. The United States will 
                monitor the implementation and effectiveness of the 
                measures agreed upon with these countries to address 
                our national security needs, and I may revisit this 
                determination, as appropriate.

                6. In light of my determination to exclude, on a long-
                term basis, these countries from the tariff proclaimed 
                in Proclamation 9705, as amended, 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, in light of the 
                agreed-upon measures with these countries, and the fact 
                that the tariff will now apply to imports of steel 
                articles from additional countries, it is necessary and 
                appropriate, at this time, to maintain the current 
                tariff level as it applies to 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, DONALD J. TRUMP, 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) The superior text to subheadings 9903.80.05 
                through 9903.80.58 of the HTSUS is amended by replacing 
                ``South Korea'' with ``Argentina, of Brazil, or of 
                South Korea''.
                    (2) For the purposes of administering the 
                quantitative limitations applicable to subheadings 
                9903.80.05 through 9903.80.58 for Argentina and Brazil, 
                the annual aggregate limits for each country set out in 
                the Annex to this proclamation shall apply for the 
                period starting with calendar year 2018 and for 
                subsequent years, unless modified or terminated. The 
                quantitative limitations applicable to subheadings 
                9903.80.05 through 9903.80.58 for these countries, 
                which for calendar year 2018 shall take into account 
                all steel articles imports from each respective country 
                since January 1, 2018, shall be effective for steel 
                articles entered for consumption, or withdrawn from 
                warehouse for consumption, on or after June 1, 2018, 
                and shall be implemented by U.S. Customs and Border 
                Protection (CBP) of the Department of Homeland Security 
                as soon as practicable, consistent with the superior 
                text to subheadings 9903.80.05 through 9903.80.58. The 
                Secretary of Commerce shall monitor the implementation 
                of the quantitative limitations applicable to 
                subheadings 9903.80.05 through 9903.80.58 and shall, in 
                consultation with the Secretary of Defense, the United 
                States Trade Representative, and such other senior 
                Executive Branch officials as the Secretary deems 
                appropriate, inform the President of any circumstance 
                that in the Secretary's opinion might indicate that an 
                adjustment of the quantitative limitations is 
                necessary.

[[Page 25859]]

                    (3) The text of subdivision (e) of U.S. note 16 to 
                subchapter III of chapter 99 of the HTSUS is amended by 
                striking the last sentence and inserting in lieu 
                thereof the following sentence: ``Beginning on July 1, 
                2018, imports from any such country in an aggregate 
                quantity under any such subheading during any of the 
                periods January through March, April through June, July 
                through September, or October through December in any 
                year that is in excess of 500,000 kg and 30 percent of 
                the total aggregate quantity provided for a calendar 
                year for such country, as set forth on the internet 
                site of CBP, shall not be allowed.''.
                    (4) The Secretary of Commerce, in consultation with 
                CBP and with other relevant executive departments and 
                agencies, shall revise the HTSUS so that it conforms to 
                the amendments and effective dates directed in this 
                proclamation. The Secretary shall publish any such 
                modification to the HTSUS in the Federal Register.
                    (5) Clause 5 of Proclamation 9711, as amended, is 
                amended by striking the phrase ``as amended by 
                Proclamation 9711,'' in the first and second sentences 
                and inserting in lieu thereof the following phrase: 
                ``as amended, or to the quantitative limitations 
                established by proclamation,''. Clause 5 of 
                Proclamation 9711, as amended, is further amended by 
                inserting the phrase ``or quantitative limitations'' 
                after the words ``ad valorem rates of duty'' in the 
                first and second sentences.
                    (6) Clause 5 of Proclamation 9740 is amended by 
                striking the phrase ``as amended by clause 1 of this 
                proclamation,'' and inserting in lieu thereof the 
                following phrase: ``as amended, or to the quantitative 
                limitations established by proclamation,'' in the first 
                sentence. Clause 5 of Proclamation 9740 is further 
                amended by striking the words ``by clause 4 of this 
                proclamation'' from the second sentence.
                    (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 25860]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirty-first day of May, in the year of our Lord two 
                thousand eighteen, and of the Independence of the 
                United States of America the two hundred and forty-
                second.
                
                
                    (Presidential Sig.)

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[FR Doc. 2018-12140
Filed 6-4-18; 8:45 a.m.]
Billing code 7020-02-C