Adjusting Imports of Steel Into the United States, 11-26 [2021-28516]

Download as PDF Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 11 Presidential Documents 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. khammond on DSKJM1Z7X2PROD with PRESDOC2 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 VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 12 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 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 agreedupon 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. khammond on DSKJM1Z7X2PROD with PRESDOC2 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 VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 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: khammond on DSKJM1Z7X2PROD with PRESDOC2 ‘‘(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 VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 14 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 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. khammond on DSKJM1Z7X2PROD with PRESDOC2 (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 VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 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. khammond on DSKJM1Z7X2PROD with PRESDOC2 (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. VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 16 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 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. VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2 Billing code 3395–F2–P Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 17 ANNEX TO MODIFY CERTAIN PROVISIONS OF CHAPTER 99 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2022, subchapter Ill of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) is modified as follows, with the material in the new tariff provisions inserted in the columns labeled "Heading/Subheading", "Article Description", "Rates of Duty 1-General", "Rates of Duty 1-Special," and "Rates of Duty 2", respectively: 1. The text of the first sentence of subdivision (a)(i) of U.S. note 16 to such subchapter is modified to read as follows: "Heading 9903.80.01 provides the ordinary customs duty treatment of iron or steel products of all countries(i) other than products of the United States, or (ii) other than products of countries expressly exempt therefrom, pursuant to the article description of such heading and the terms of subdivisions (e) or (f) of this note, and other than any iron or steel products of specified countries allowed to enter under a tariff-rate quota established for any such country under the terms of this note." 2. The text of subdivision (b) of such U.S. note 16 is modified by adding below clause (b)(v) the sentence "Any reference above to iron or steel products classifiable in any heading or subheading of chapter 72 or 73, as the case may be, shall mean that any good provided for in the article description of such heading or subheading and of all its subordinate provisions (both legal and statistical) is covered by the provisions of this note and related tariff provisions." The text of subdivisions (b) and (d) of such U.S. note 16 are each modified by deleting "heading 9903.80.01" and by inserting in lieu thereof "heading 9903.80.01 and subheadings 9903.80.05 through 9903.80.58 and 9903.80.65 through 9903.81.19, inclusive,". 3. The following new subdivision (f) is hereby inserted at the end of such U.S. note 16: "(f) Subheadings 9903.80.65 through 9903.81.19, inclusive, set forth the ordinary customs duty treatment for the iron or steel products (as enumerated in subdivision (b) of this note) of any member country of the European Union enumerated in this subdivision. The aggregate annual import volume under subheadings 9903.80.65 through 9903.81.19 shall be limited to 3,300,170 metric tons. Subheadings 9903.80.65 through 9903.81.19 shall also be subject to any aggregate annual quantity established for each such subheading, including any allocations or other Commerce at the following link: [https://bis.doc.gov/232-steel]. No such country shall be VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.005</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2 limitations that may be announced, all as set forth on the Internet site of the Department of 18 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents allowed to import 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 the quantity that is allocated to such country by the Department of Commerce, as set forth on the Internet site of such Department as noted herein. The Department of Commerce is authorized to carry forward any unused quantity of such product from one or more such countries from the first quarter of any calendar year to the third quarter of such year, or from the second quarter of any calendar year to the fourth quarter of such year. Entries of any product of any such member country that may be described in an exclusion granted by the Department of Commerce shall be eligible to utilize such exclusion upon proper claim therefor, and such entries shall not be counted against the annual aggregate quantitative limitation set forth in this subdivision. The member countries of the European Union that are covered by this subdivision and by heading 9903.80.03 and subheadings 9903.80.65 through 9903.81.19 shall include the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia (Czech Republic), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden." 4. The article description of heading 9903.80.01 is modified by inserting after "of South Korea," the phrase "of member countries of the European Union specified in subdivision (f) of such U.S. note 16, under any provisions that may be established by the Department of Commerce under such U.S. note 16,". 5. The article description of heading 9903.80.03 is modified by adding after "of South Korea," the phrase "of member countries of the European Union enumerated in note 16(f) to this subchapter,". VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.006</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2 [Continues on next page] 19 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents 6. The following new subheadings and superior text thereto are inserted in numerical sequence in subchapter Ill of chapter 99: Rates of Duty Heading/ Subheading Article description 1 General 9903.80.65 "Iron or steel products of member countries of the European Union enumerated in U.S. note 16(f) to this subchapter, if entered in aggregate quantities prescribed in subdivision (f) of such note for any calendar year starting on January 1, 2022, and for any portion thereof as prescribed in such subdivision (f): Hot-rolled sheet (provided for in subheading 7208.10.60, 7208.26.00, 7208.27.00, 7208.38.00, 7208.39.00, 7208.40.60, 7208.53.00, 7208.54.00, 7208.90.00, 7225.30.70 or 7225.40.70) ...................... 9903.80.66 9903.80.67 9903.80.68 9903.80.69 9903.80.70 2 Special Free Hot-rolled strip (provided for in subheading 7211.19.15, 7211.19.20, 7211.19.30, 7211.19.45, 7211.19.60, 7211.19.75, 7226.91.70 or 7226.91.80) ....................................................................... Free Hot-rolled plate, in coils (provided for in subheading 7208.10.15, 7208.10.30, 7208.25.30, 7208.25.60, 7208.36.00, 7208.37.00, 7211.14.00 (except for statistical reporting number 7211.14.0030 or 7211.14.0045) or 7225.30.30) ....................................... Free Cold-rolled sheet, provided for in subheading 7209.15.00, 7209.16.00, 7209.17.00, 7209.18.15, 7209.18.60, 7209.25.00, 7209.26.00, 7209.27.00, 7209.28.00, 7209.90.00, 7210.70.30, 7225.50.70, 7225.50.80 or 7225.99.00) ............................................... Free Cold-rolled strip (provided for in subheading 7211.23.15, 7211.23.20, 7211.23.30, 7211.23.45, 7211.23.60, 7211.29.20, 7211.29.45, 7211.29.60, 7211.90.00, 7212.40.10, 7212.40.50, 7226.92.50, 7226.92.70, 7226.92.80 or 7226.99.01 (except for statistical reporting number 7226.99.0110 or 7226.99.0130) ..................................................................... Free Cold-rolled black plate (provided for in subheading 7209.18.25) ........................................................................ Free ... VerDate Sep<11>2014 15:38 Dec 30, 2021 Plate in cut lengths (provided for in subheading 7208.40.30, 7208.51.00, 7208.52.00, 7210.90.10, 7211.13.00, 7211.14.00 (except for statistical reporting number 7211.14.0090), 7225.40.30, Jkt 256001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.007</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.80.71 20 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty Heading/ Subheading General 9903.80.73 9903.80.74 9903.80.75 9903.80.76 9903.80.77 9903.80.78 khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.80.79 VerDate Sep<11>2014 15:38 Dec 30, 2021 7225.50.60 or 7226.91.50) ......................................... Free Flat-rolled products, hot-dipped (provided for in subheading 7210.41.00, 7210.49.00, 7210.70.60 (except for statistical reporting number 7210.70.6030 or 7210.70.6090), 7212.30.10, 7212.30.30, 7212.30.50, 7225.92.00 or 7226.99.01 (except for statistical reporting number 7226.99.0110 or 7226.99.0180)) ............................................................... Free Flat-rolled products, coated (provided for in subheading 7210.20.00, 7210.61.00, 7210.69.00, 7210.70.60 (except for statistical reporting number 7210.70.6030 or 7210.70.6060), 7210.90.60, 7210.90.90, 7212.50.00 or 7212.60.00) ....................... Free Tin-free steel (provided for in subheading 7210.50.00) ................................................................. Free Tin plate (provided for in subheading 7210.11.00, 7210.12.00 or 7212.10.00) ............................................ Free Silicon electrical steel sheets and strip (provided for in subheading 7225.11.00, 7225.19.00, 7226.11.10, 7226.11.90, 7226.19.10 or 7226.19.90) ....................... Free Sheets and strip electrolytically coated or plated with zinc (provided for in subheading 7210.30.00, 7210.70.60 (except for statistical reporting number 7210.70.6060 or 7210.70.6090), 7212.20.00, 7225.91.00 or 7226.99.01 (except for statistical reporting number 7226.99.0130 or 7226.99.0180)) ............................................................. Free Oil country pipe and tube goods (provided for in subheading 7304.23.30, 7304.23.60, 7304.29.10, 7304.29.20, 7304.29.31, 7304.29.41, 7304.29.50, 7304.29.61, 7305.20.20, 7305.20.40, 7305.20.60, 7305.20.80, 7306.29.10, 7306.29.20, 7306.29.31, 7306.29.41, 7306.29.60 or 7306.29.81) ..................... Free Special Line pipe exceeding 406.4 mm in outside diameter (provided for in subheading 7304.19.10 (except for statistical reporting number 7304.19.1020, 7304.19.1030, 7304.19.1045 or 7304.19.1060), 7304.19.50 (except for statistical reporting number 7304.19.5020 or 7304.19.5050), 7305.11.10, Jkt 256001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.008</GPH> 9903.80.72 2 1 Article description 21 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty Heading/ Subheading General 9903.80.81 9903.80.82 9903.80.83 khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.80.84 VerDate Sep<11>2014 15:38 Dec 30, 2021 7305.11.50, 7305.12.10, 7305.12.50, 7305.19.10 or 7305.19.50) ........................................................................ Free Line pipe not exceeding 406.4 mm in outside diameter (provided for in subheading 7304.19.10 (except for statistical reporting number 7304.19.1080), 7304.19.50 (except for statistical reporting number 7304.19.5080), 7306.19.10 (except for statistical reporting number 7306.19.1050) or 7306.19.51 (except for statistical reporting number 7306.19.5150)) ........................................................... Free Other line pipe (provided for in subheading 7306.19.10 (except for statistical reporting number 7306.19.1010) or 7306.19.51 (except for statistical reporting number 7306.19.5110)) ................................... Free Standard pipe (provided for in subheading 7304.39.00 (except for statistical reporting number 7304.39.0002, 7304.39.0004, 7304.39.0006, 7304.39.0008, 7304.39.0028, 7304.39.0032, 7304.39.0040, 7304.39.0044, 7304.39.0052, 7304.39.0056, 7304.39.0068 or 7304.39.0072), 7304.59.80 (except for statistical reporting number 7304.59.8020, 7304.59.8025, 7304.59.8035, 7304.59.8040, 7304.59.8050, 7304.59.8055, 7304.59.8065 or 7304.59.8070) or 7306.30.50 (except for statistical reporting number 7306.30.5010, 7306.30.5015, 7306.30.5020 or 7306.30.5035)) .................................................................. Free Structural pipe and tube (provided for in subheading 7304.90.10, 7304.90.30, 7305.31.20, 7305.31.40, 7305.31.60 (except for statistical reporting number 7305.31.6010), 7306.30.30, 7306.50.30, 7306.61.10, 7306.61.30, 7306.69.10 or 7306.69.30) ........................................................... Free Special Mechanical tubing (provided for in subheading 7304.31.30, 7304.31.60 (except for statistical reporting number 7304.31.6010), 7304.39.00 (except for statistical reporting number 7304.39.0002, 7304.39.0004, 7304.39.0006, 7304.39.0008, 7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0036, 7304.39.0048, 7304.39.0062, 7304.39.0076 or 7304.39.0080), 7304.51.10, 7304.51.50 (except for statistical reporting number Jkt 256001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.009</GPH> 9903.80.80 2 1 Article description 22 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty General 9903.80.85 9903.80.86 9903.80.87 khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.80.88 VerDate Sep<11>2014 15:38 Dec 30, 2021 7304.51.5005, 7304.51.5015 or 7304.51.5045), 7304.59.10, 7304.59.60, 7304.59.80 (except for statistical reporting number 7304.59.8010, 7304.59.8015, 7304.59.8030, 7304.59.8045, 7304.59.8060 or 7304.59.8080), 7304.90.50, 7304.90.70, 7306.30.10, 7306.30.50 (except for statistical reporting number 7306.30.5010, 7306.30.5025, 7306.30.5028, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085 or 7306.30.5090), 7306.50.10, 7306.50.50 (except for statistical reporting number 7306.50.5010), 7306.61.50, 7306.61.70 (except for statistical reporting number 7306.61.7030), 7306.69.50 or 7306.69.70 (except for statistical reporting number 7306.69.7030)) .................................................................. Free Pressure tubing (provided for in subheading 7304.31.60 (except for statistical reporting number 7304.31.6050), 7304.39.00 (except for statistical reporting number 7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068, 7304.39.0072, 7304.39.0076 or 7304.39.0080), 7304.51.50 (except for statistical reporting number 7304.51.5005 or 7304.51.5060), 7304.59.20, 7306.30.50 (except for statistical reporting number 7306.30.5015, 7306.30.5020, 7306.30.5025, 7306.30.5028, 7306.30.5032, 7306.30.5035, 7306.30.5040, 7306.30.5055, 7306.30.5085 or 7306.30.5090) or 7306.50.50 (except for statistical reporting number 7306.50.5030, 7306.50.5050 or 7306.50.5070) ..................................................................... Free Tubes or pipes for piling (provided for in subheading 7305.39.10 or 7305.39.50) ........................................... Free Pipes and tubes, not specially provided for (provided for in subheading 7304.51.50 (except for statistical reporting number 7304.51.5015, 7304.51.5045 or 7304.51.5060), 7305.90.10, 7305.90.50, 7306.90.10 or 7306.90.50) .............................................................. Free Hot-rolled sheet of stainless steel (provided for in subheading 7219.13.00, 7219.14.00, 7319.23.00 or 7219.24.00) ........................................................................ Free Jkt 256001 PO 00000 Frm 00012 Fmt 4790 2 1 Article description Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 Special ED03JA22.010</GPH> Heading/ Subheading 23 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty Heading/ Subheading General 9903.80.89 9903.80.90 9903.80.91 9903.80.92 9903.80.93 9903.80.94 9903.80.95 2 1 Article description Hot-rolled strip of stainless steel (provided for in subheading 7220.12.10 or 7220.12.50) ....................... Free Hot-rolled plate of stainless steel, in coils (provided for in subheading 7219.11.00 or 7219.12.00) ............... Free Cold-rolled sheet of stainless steel (provided for in subheading 7219.32.00, 7219.33.00, 7219.34.00, 7219.35.00 or 7219.90.00) .............................................. Free Cold-rolled strip of stainless steel (provided for in subheading 7220.20.10, 7220.20.60, 7220.20.70, 7220.20.80, 7220.20.90 or 7220.90.00) ......................... Free Cold-rolled plate of stainless steel, in coils (provided for in subheading 7219.31.00 (except for statistical reporting number 7219.31.0050)) ................................ Free Wire of stainless steel, drawn (provided for in subheading 7223.00.10, 7223.00.50 or 7223.00.90) ... Free Pipes and tubes of stainless steel (provided for in subheading 7304.41.30, 7304.41.60, 7304.49.00, 7305.31.60 (except for statistical reporting number 7305.31.6090), 7306.40.10, 7306.40.50, 7306.61.70 (except statistical reporting number 7306.61.7060) or 7306.69.70 (except for statistical reporting number 7306.69.7060)) .................................................................. Free Special 9903.80.96 9903.80.97 9903.80.98 khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.80.99 VerDate Sep<11>2014 15:38 Dec 30, 2021 Line pipe of stainless steel (provided for in subheading 7304.11.00 or 7306.11.00) ......................... Free Bars and rods of stainless steel, cold finished (provided for in subheading 7222.20.00 or 7222.30.00) ........................................................................ Free Bars and rods of stainless steel, hot-rolled (provided for in heading 7221.00.00 (except for statistical reporting number 7221.00.0017, 7221.00.0018 or 7221.00.0030) or subheading 7222.11.00, 7222.19.00 or 7222.40.30 (except for statistical reporting number 7222.40.3025 or 7222.40.3045) ................................. Free Blooms, billets and slabs of stainless steel (provided for in subheading 7218.91.00 and 7218.99.00) ............ Free Jkt 256001 PO 00000 Frm 00013 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.011</GPH> ... 24 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty Heading/ Subheading General 9903.81.02 9903.81.03 9903.81.04 9903.81.05 9903.81.06 9903.81.07 khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.81.08 VerDate Sep<11>2014 15:38 Dec 30, 2021 Oil country pipe and tube goods of stainless steel (provided for in subheading 7304.22.00, 7304.24.30, 7304.24.40, 7304.24.60, 7306.21.30, 7306.21.40 or 7306.21.80) .......................................................................... Free Ingot and other primary forms of stainless steel (provided for in subheading 7218.10.00) ................... Free Flat-rolled products of stainless steel (provided for in subheading 7219.21.00, 7219.22.00, 7219.31.00 (except for statistical reporting number 7219.31.0010) or 7220.11.00) .......................................... Free Bars and rods, hot-rolled, in irregularly wound coils, of stainless steel (provided for in heading 7221.00.00 (except for statistical reporting number 7221.00.0005, 7221.00.0045 or 7221.00.0075)) .................................................................. Free Angles, shapes and sections of stainless steel (provided for in subheading 7222.40.30 (except for statistical reporting number 7222.40.3065 or 7222.40.3085) or 7222.40.60) .................................... Free Angles, shapes and sections (provided for in subheading 7216.31.00, 7216.32.00, 7216.33.00, 7216.40.00, 7216.50.00, 7216.99.00, 7228.70.30 (except for statistical reporting number 7228.70.3060 or 7228.70.3081) or 7228.70.60) ................................ Free Bars and rods, hot-rolled, in irregularly wound coils (provided for in subheading 7213.91.30, 9213.91.45, 7213.91.60, 7213.99.00 (except for statistical reporting number 7213.99.0060), 7227.20.00 (except for statistical reporting number 7227.20.0080) or 7227.90.60 (except for statistical reporting number 7227.90.6005, 7227.90.6010, 7227.90.6040 or 7227.90.6090)) ................................................................ Free Special Wire (other than of stainless steel) (provided for in subheading 7217.10.10, 7217.10.20, 7217.10.30, 7217.10.40, 7217.10.50, 7217.10.60, 7217.10.70, 7217.10.80, 7217.10.90, 7217.20.15, 7217.20.30, 7217.20.45, 7217.20.60, 7217.20.75, 7217.30.15, 7217.30.30, 7217.30.45, 7217.30.60, 7217.30.75, 7217.90.10, 7217.90.50, 7229.20.00, 7229.90.10, Jkt 256001 PO 00000 Frm 00014 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.012</GPH> 9903.81.01 2 1 Article description 25 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty Heading/ Subheading General 9903.81.09 9903.81.10 2 1 Article description 7229.90.50 or 7229.90.90) ............................................ Free Bars, hot-rolled, not of stainless steel (provided for in subheading 7213.20.00, 7213.99.00 (except for statistical reporting number 7213.99.0030 or 7213.99.0090), 7214.10.00, 7214.30.00, 7214.91.00, 7214.99.00, 7215.90.10, 7227.20.00 (except for statistical reporting number 7227.20.0030), 7227.90.60 (except for statistical reporting number 7227.90.6020, 7227.90.6030 or 7227.90.6035), 7228.20.10, 7228.30.80 (except for statistical reporting number 7228.30.8010), 7228.40.00, 7228.60.60 or 7228.80.00) ........................................... Free Bars, cold-finished, not of stainless steel (provided for in subheading 7215.10.00, 7215.50.00, 7215.90.30, 7215.90.50, 7228.20.50, 7228.50.50 or 7228.60.80) ........................................................................ Free Special ... 9903.81.12 9903.81.13 9903.81.14 9903.81.15 khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.81.16 VerDate Sep<11>2014 15:38 Dec 30, 2021 Angles, shapes and sections of a type known as "lightshaped bars" (provided for in subheading 7216.10.00, 7216.21.00, 7216.22.00 or 7228.70.30 (except for statistical reporting number 7228.70.3010, 7228.70.3020 or 7228.70.3041)) .................................... Free Reinforcing bars (provided for in subheading 7213.10.00, 7214.20.00 or 7228.30.80 (except for statistical reporting number 7228.30.8005, 7228.30.8015, 7228.30.8041, 7228.30.8045 or 7228.30.8070)) .................................................................. Free Sheet piling (provided for in subheading 7301.10.00) ........................................................................ Free Nonumerated railroad good (provided for in subheading 7302.40.00, 7302.90.10 or 7302.90.90) .......................................................................... Free Rails other than those known as "standard rails" (provided for in subheading 7302.10.10 (except for statistical reporting number 7302.10.1010, 7302.10.1035, 7302.10.1065 or 7302.10.1075) ..................................................................... Free Rails known as "standard rails" (provided for in subheading 7302.10.10 (except for statistical reporting number 7302.10.1015, 7302.10.1025, Jkt 256001 PO 00000 Frm 00015 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.013</GPH> 9903.81.11 26 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Presidential Documents Rates of Duty Heading/ Subheading 1 Article description General 9903.81.17 9903.81.18 Free Products of tool steel (provided for in subheading 7224.10.00 (except for statistical reporting number 7224.10.0005 or 7224.10.0075), 7224.90.00 (except for statistical reporting number 7224.90.0005, 7224.90.0045, 7224.90.0055, 7224.90.0065 or 7224.90.0075), 7225.30.11, 7225.30.51, 7225.40.11, 7225.40.51, 7225.50.11, 7226.20.00, 7226.91.05, 7226.91.15, 7226.91.25, 7226.92.10, 7226.92.30, 7227.10.00, 7227.90.10, 7227.90.20, 7228.10.00, 7228.30.20, 7228.30.40, 7228.30.60, 7228.50.10, 7228.60.10 or 7229.90.05) .............................................. Free Blooms, billets and slabs, semi-finished (provided for in subheading 7207.11.00, 7207.12.00, 7207.19.00, 7207.20.00 or 7224.90.00 (except for statistical reporting number 7224.90.0015, 7224.90.0025 or 7224.90.0035)) .................................................................. Free Ingots (provided for in subheading 7206.10.00, 7206.90.00 or 7224.10.00 (except for statistical reporting number 7224.10.0045)) ............................... Free" Special [FR Doc. 2021–28516 Filed 12–30–21; 8:45 am] Billing code 7020–02–C VerDate Sep<11>2014 15:38 Dec 30, 2021 Jkt 256001 PO 00000 Frm 00016 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAD1.SGM 03JAD1 ED03JA22.014</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2 9903.81.19 7302.10.1045 or 7302.10.1055) or 7302.10.50) ........................................................................ 2

Agencies

[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 [www.gpo.gov]
[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.

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                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.
                
                
                    (Presidential Sig.)

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[FR Doc. 2021-28516
Filed 12-30-21; 8:45 am]
Billing code 7020-02-C