Adjusting Imports of Steel Into the United States, 48233-48239 [2024-12503]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Presidential Documents]
[Pages 48233-48239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12503]




                        Presidential Documents 



Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / 
Presidential Documents

[[Page 48233]]


                Proclamation 10771 of May 31, 2024

                
Adjusting Imports of Steel Into the United States

                By the President of the United States of America

                A Proclamation

                1. On January 11, 2018, the Secretary of Commerce 
                (Secretary) transmitted to the President a report on 
                the Secretary's investigation into the effect of 
                imports of steel mill articles (steel articles) on the 
                national security of the United States under section 
                232 of the Trade Expansion Act of 1962, as amended (19 
                U.S.C. 1862). The Secretary found and advised the 
                President of the Secretary's opinion that steel 
                articles are being imported into the United States in 
                such quantities and under such circumstances as to 
                threaten to impair the national security of the United 
                States.

                2. In Proclamation 9705 of March 8, 2018 (Adjusting 
                Imports of Steel Into the United States), the President 
                concurred in the Secretary's finding that steel 
                articles, as defined in clause 1 of Proclamation 9705, 
                as amended by clause 8 of Proclamation 9711 of March 
                22, 2018 (Adjusting Imports of Steel Into the United 
                States), are being imported into the United States in 
                such quantities and under such circumstances as to 
                threaten to impair the national security of the United 
                States, and decided to adjust the imports of those 
                steel articles by imposing a 25 percent ad valorem 
                tariff on such articles imported from all countries 
                except Canada and Mexico. The proclamation further 
                stated that any country with which the United States 
                has a security relationship is welcome to discuss with 
                the United States alternative ways to address the 
                threatened impairment of the national security caused 
                by imports from that country, and noted that, should 
                the United States and any such country arrive at a 
                satisfactory alternative means to address the threat to 
                the national security such that the President 
                determines that imports from that country no longer 
                threaten to impair the national security, the President 
                may remove or modify the restriction on steel articles 
                imports from that country and, if necessary, adjust the 
                tariff as it applies to other countries, as the 
                national security interests of the United States 
                require.

                3. In Proclamation 10403 of May 27, 2022 (Adjusting 
                Imports of Steel Into the United States), I suspended 
                the tariffs set forth in Proclamation 9705 for the 
                import of steel articles and derivative steel articles 
                from Ukraine for 1 year. In Proclamation 10588 of May 
                31, 2023 (Adjusting Imports of Steel Into the United 
                States), I extended the suspension of tariffs for an 
                additional year and expanded the scope of Proclamation 
                10403 to include the suspension of tariffs on steel 
                articles from Ukraine further processed in countries 
                that are members of the European Union. In both 
                proclamations, I also instructed the Secretary to 
                monitor the situation in the domestic steel industry 
                and developments in Ukraine's steel industry and inform 
                me of any need to terminate or extend this suspension.

                4. The Secretary has informed me that the situation 
                with regard to Ukraine's steel industry has not changed 
                since the issuance of Proclamation 10403 or 
                Proclamation 10588. Ukraine's steel industry continues 
                to be significantly disrupted by the Russian 
                Federation's unjustified, unprovoked, unyielding, and 
                unconscionable war against Ukraine. The significant 
                disruption in Ukraine's steel production has decreased 
                the total amount of steel produced by Ukraine. The 
                amount of steel imported into the United States from

[[Page 48234]]

                Ukraine decreased in 2023 compared to 2022, and it is 
                still below the average import volume prior to 2021. In 
                2023 the amount of steel imported into the United 
                States from Ukraine accounted for less than 1 percent 
                of all steel imports into the United States. At the 
                same time, the steel industry has been historically 
                important to Ukraine, and both the United States and 
                Ukraine have an interest in maintaining that industry 
                as an economic lifeline while the country recovers. The 
                Secretary has also informed me that the United States 
                and Ukraine continue to be engaged in broad security 
                discussions. The current disruption of Ukrainian steel 
                production has been part of those discussions, and the 
                ongoing discussion is anticipated to include 
                alternative measures to prevent imports of steel from 
                Ukraine from threatening the national security of the 
                United States as Ukraine's steel production recovers 
                from the significant disruption caused by the war.

                5. In light of the Secretary's findings, I conclude 
                that Ukraine's present situation remains a special case 
                and that an extension of the suspension of tariffs in 
                Proclamation 10403, as extended and expanded by 
                Proclamation 10588, is warranted. The Secretary shall 
                continue to monitor the situation in the domestic steel 
                industry and developments in Ukraine's steel industry 
                and inform me of any need to terminate or extend this 
                suspension.

                6. In light of my determination to adjust the tariff 
                proclaimed in Proclamation 9705 as applied to eligible 
                steel articles and derivative steel articles that are 
                the product of Ukraine, I have considered whether it is 
                necessary and appropriate in light of our national 
                security interests to make any corresponding 
                adjustments to such tariff as it applies to products of 
                other countries. I have determined that it is necessary 
                and appropriate, at this time, to maintain the current 
                tariff level as it applies to products of other 
                countries.

                7. Section 232 of the Trade Expansion Act of 1962, as 
                amended, authorizes the President to adjust the imports 
                of an article and its derivatives that are being 
                imported into the United States in such quantities or 
                under such circumstances as to threaten to impair the 
                national security.

                8. Section 604 of the Trade Act of 1974, as amended (19 
                U.S.C. 2483), authorizes the President to embody in the 
                Harmonized Tariff Schedule of the United States (HTSUS) 
                the substance of statutes affecting import treatment, 
                and actions thereunder, including the removal, 
                modification, continuance, or imposition of any rate of 
                duty or other import restriction.

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by the authority vested 
                in me by the Constitution and the laws of the United 
                States of America, including section 232 of the Trade 
                Expansion Act of 1962, as amended, section 301 of title 
                3, United States Code, and section 604 of the Trade Act 
                of 1974, as amended, do hereby proclaim as follows:

                    (1) To establish duty-free treatment on imports of 
                steel articles when such are the products of Ukraine as 
                set forth in clauses 2 and 3 of this proclamation, U.S. 
                Note 16 of subchapter III of chapter 99 of the HTSUS is 
                amended as provided for in the Annex to this 
                proclamation.
                    (2) Clause 2 of Proclamation 9705, as amended, is 
                revised to read as follows:

``(2)(a) In order to establish certain modifications to the duty rate on 
imports of steel articles, subchapter III of chapter 99 of the HTSUS is 
modified as provided in the Annex to this proclamation and any subsequent 
proclamations regarding such steel articles.

  (b) Except as otherwise provided in this proclamation, or in notices 
published pursuant to clause 3 of this proclamation, all steel articles 
imports covered by heading 9903.80.01, in subchapter III of chapter 99 of 
the HTSUS, shall be subject to an additional 25 percent ad valorem rate of 
duty with respect to goods entered for consumption, or withdrawn from 
warehouse for consumption, as follows: (i) on or after 12:01 a.m.

[[Page 48235]]

eastern daylight time on March 23, 2018, from all countries except 
Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the member 
countries of the European Union; (ii) on or after 12:01 a.m. eastern 
daylight time on June 1, 2018, from all countries except Argentina, 
Australia, Brazil, and South Korea; (iii) on or after 12:01 a.m. eastern 
daylight time on August 13, 2018, from all countries except Argentina, 
Australia, Brazil, South Korea, and Turkey; (iv) on or after 12:01 a.m. 
eastern daylight time on May 20, 2019, from all countries except Argentina, 
Australia, Brazil, South Korea, and Turkey; (v) on or after 12:01 a.m. 
eastern daylight time on May 21, 2019, from all countries except Argentina, 
Australia, Brazil, Canada, Mexico, and South Korea; (vi) on or after 12:01 
a.m. eastern standard time on January 1, 2022, from all countries except 
Argentina, Australia, Brazil, Canada, Mexico, and South Korea, and except 
the member countries of the European Union through 11:59 p.m. eastern 
standard time on December 31, 2023, for steel articles covered by headings 
9903.80.65 through 9903.81.19, inclusive; (vii) on or after 12:01 a.m. 
eastern daylight time on April 1, 2022, from all countries except 
Argentina, Australia, Brazil, Canada, Mexico, and South Korea, and except 
the member countries of the European Union through 11:59 p.m. eastern 
standard time on December 31, 2023, for steel articles covered by headings 
9903.80.65 through 9903.81.19, inclusive, and from Japan, for steel 
articles covered by headings 9903.81.25 through 9903.81.80, inclusive; 
(viii) on or after 12:01 a.m. eastern daylight time on June 1, 2022, from 
all countries except Argentina, Australia, Brazil, Canada, Mexico, South 
Korea, and Ukraine through 11:59 p.m. eastern daylight time on June 1, 
2023, and except the member countries of the European Union through 11:59 
p.m. eastern standard time on December 31, 2023, for steel articles covered 
by headings 9903.80.65 through 9903.81.19, inclusive, and from Japan and 
the United Kingdom (UK), for steel articles covered by subheadings 
9903.81.25 through 9903.81.78 and heading 9903.81.80, and from the member 
countries of the European Union, for steel articles covered by heading 
9903.81.81; (ix) on or after 12:01 a.m. eastern daylight time on June 1, 
2023, from all countries except Argentina, Australia, Brazil, Canada, 
Mexico, South Korea, and Ukraine through 11:59 p.m. eastern daylight time 
on June 1, 2024, and except the member countries of the European Union 
through 11:59 p.m. eastern standard time on December 31, 2023, for steel 
articles covered by headings 9903.80.65 through 9903.81.19, inclusive, and 
from Japan and the UK, for steel articles covered by subheadings 9903.81.25 
through 9903.81.78 and heading 9903.81.80, and from the member countries of 
the European Union, for steel articles covered by heading 9903.81.81, and 
from the member countries of the European Union where the steel used in the 
manufacture of the steel article is melted and poured in Ukraine through 
11:59 p.m. eastern daylight time on June 1, 2024, and (x) on or after 12:01 
a.m. eastern standard time on January 1, 2024, from all countries except 
Argentina, Australia, Brazil, Canada, Mexico, and South Korea, and except 
for Ukraine through 11:59 p.m. eastern daylight time on June 1, 2025, and 
except the member countries of the European Union through 11:59 p.m. 
eastern standard time on December 31, 2025, for steel articles covered by 
headings 9903.80.65 through 9903.81.19, inclusive, and from Japan and the 
UK, for steel articles covered by subheadings 9903.81.25 through 9903.81.78 
and heading 9903.81.80, and from the member countries of the European 
Union, for steel articles covered by heading 9903.81.81, and from the 
member countries of the European Union where the steel used in the 
manufacture of the steel article is melted and poured in Ukraine through 
11:59 p.m. eastern daylight time on June 1, 2025. Further, except as 
otherwise provided in notices published pursuant to clause 3 of this 
proclamation, all steel articles imports from Turkey covered by heading 
9903.80.02, in subchapter III of chapter 99 of the HTSUS, shall be subject 
to a 50 percent ad valorem rate of duty with respect to goods entered for 
consumption, or withdrawn from warehouse for consumption, on or after 12:01 
a.m. eastern daylight time on August 13, 2018, and prior to 12:01 a.m. 
eastern daylight time

[[Page 48236]]

on May 21, 2019. All steel articles imports covered by heading 9903.80.61, 
in subchapter III of chapter 99 of the HTSUS, shall be subject to the 
additional 25 percent ad valorem rate of duty established herein with 
respect to goods entered for consumption, or withdrawn from warehouse for 
consumption, on or after 12:01 a.m. eastern time on the date specified in a 
determination by the Secretary granting relief. These rates of duty, which 
are in addition to any other duties, fees, exactions, and charges 
applicable to such imported steel articles, shall apply to imports of steel 
articles from each country as specified in the preceding three sentences.''

                    (3) The first two sentences of clause 1 of 
                Proclamation 9980 of January 24, 2020 (Adjusting 
                Imports of Derivative Aluminum Articles and Derivative 
                Steel Articles Into the United States), are revised to 
                read as follows:

``In order to establish increases in the duty rate on imports of certain 
derivative articles, subchapter III of chapter 99 of the HTSUS is modified 
as provided in Annex I and Annex II to this proclamation. Except as 
otherwise provided in this proclamation, all imports of derivative aluminum 
articles specified in Annex I to this proclamation shall be subject to an 
additional 10 percent ad valorem rate of duty, and all imports of 
derivative steel articles specified in Annex II to this proclamation shall 
be subject to an additional 25 percent ad valorem rate of duty, with 
respect to goods entered for consumption, or withdrawn from warehouse for 
consumption, as follows: (i) on or after 12:01 a.m. eastern standard time 
on February 8, 2020, these rates of duty, which are in addition to any 
other duties, fees, exactions, and charges applicable to such imported 
derivative aluminum articles or steel articles, shall apply to imports of 
derivative aluminum articles described in Annex I to this proclamation from 
all countries except Argentina, the Commonwealth of Australia (Australia), 
Canada, and the United Mexican States (Mexico), and to imports of 
derivative steel articles described in Annex II to this proclamation from 
all countries except Argentina, Australia, Brazil, Canada, Mexico, and 
South Korea; (ii) on or after 12:01 a.m. eastern standard time on January 
1, 2022, these rates of duty, which are in addition to any other duties, 
fees, exactions, and charges applicable to such imported derivative 
aluminum articles or steel articles, shall apply to imports of derivative 
aluminum articles described in Annex I to this proclamation from all 
countries except Argentina, Australia, Canada, the member countries of the 
European Union, and Mexico, and to imports of derivative steel articles 
described in Annex II to this proclamation from all countries except 
Argentina, Australia, Brazil, Canada, the member countries of the European 
Union, Mexico, and South Korea; (iii) on or after 12:01 a.m. eastern 
daylight time on April 1, 2022, these rates of duty, which are in addition 
to any other duties, fees, exactions, and charges applicable to such 
imported derivative aluminum articles or steel articles, shall apply to 
imports of derivative aluminum articles described in Annex I to this 
proclamation from all countries except Argentina, Australia, Canada, the 
member countries of the European Union, and Mexico, and to imports of 
derivative steel articles described in Annex II to this proclamation from 
all countries except Argentina, Australia, Brazil, Canada, the member 
countries of the European Union, Japan, Mexico, and South Korea; (iv) on or 
after 12:01 a.m. eastern daylight time on June 1, 2022, these rates of 
duty, which are in addition to any other duties, fees, exactions, and 
charges applicable to such imported derivative aluminum articles or steel 
articles, shall apply to imports of derivative aluminum articles described 
in Annex I to this proclamation from all countries except Argentina, 
Australia, Canada, the member countries of the European Union, Mexico, and 
the UK, and to imports of derivative steel articles described in Annex II 
to this proclamation from all countries except Argentina, Australia, 
Brazil, Canada, the member countries of the European Union, Japan, Mexico, 
South Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern 
daylight time on June 1, 2023; (v) on or after 12:01 a.m. eastern standard 
time on March 10, 2023, these rates of duty, which are in addition to any 
other duties, fees, exactions, and charges applicable

[[Page 48237]]

to such imported derivative aluminum articles or steel articles, shall 
apply to imports of derivative aluminum articles described in Annex I to 
this proclamation from all countries except Argentina, Australia, Canada, 
the member countries of the European Union, Mexico, the UK, and Russia, and 
to imports of derivative steel articles described in Annex II to this 
proclamation from all countries except Argentina, Australia, Brazil, 
Canada, the member countries of the European Union, Japan, Mexico, South 
Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern 
daylight time on June 1, 2023; and (vi) on or after 12:01 a.m. eastern 
daylight time on June 1, 2023, these rates of duty, which are in addition 
to any other duties, fees, exactions, and charges applicable to such 
imported derivative aluminum articles or steel articles, shall apply to 
imports of derivative aluminum articles described in Annex I to this 
proclamation from all countries except Argentina, Australia, Canada, the 
member countries of the European Union, Mexico, the UK, and Russia, and to 
imports of derivative steel articles described in Annex II to this 
proclamation from all countries except Argentina, Australia, Brazil, 
Canada, the member countries of the European Union, Japan, Mexico, South 
Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern 
daylight time on June 1, 2025.''

                    (4) Any imports of steel articles from Ukraine that 
                were admitted into a United States foreign trade zone 
                under ``privileged foreign status'' as defined in 19 
                CFR 146.41, prior to 12:01 a.m. eastern daylight time 
                on June 1, 2022, shall be subject upon entry for 
                consumption made on or after 12:01 a.m. eastern 
                daylight time on June 1, 2022, to the 25 percent rate 
                of duty imposed by Proclamation 9705, as amended; and 
                any imports of steel articles from the member countries 
                of the European Union where the steel used in the 
                manufacture of the steel article is melted and poured 
                in Ukraine that were admitted into a United States 
                foreign trade zone under ``privileged foreign status'' 
                as defined in 19 CFR 146.41, prior to 12:01 a.m. 
                eastern daylight time on June 1, 2023, shall be subject 
                upon entry for consumption made on or after 12:01 a.m. 
                eastern daylight time on June 1, 2023, to the 25 
                percent rate of duty imposed by Proclamation 9705, as 
                amended.
                    (5) Steel articles from a member country of the 
                European Union where the steel used in the manufacture 
                of the steel article is melted and poured in Ukraine 
                are not eligible for, and shall not count against, the 
                in-quota volume of the tariff-rate quota established in 
                clause 1 of Proclamation 10328 of December 27, 2021 
                (Adjusting Imports of Steel Into the United States), 
                and extended in Proclamation 10691 of December 28, 2023 
                (Adjusting Imports of Steel Into the United States).
                    (6) Steel articles from Ukraine eligible for 
                treatment under clauses 2 and 3 of this proclamation 
                must be accompanied by a certificate of origin in order 
                to be eligible for duty-free treatment. The Secretary, 
                in consultation with the Secretary of Homeland Security 
                and the United States Trade Representative, is 
                authorized to take such actions as are necessary to 
                ensure compliance with this requirement. Failure to 
                comply could result in applicable remedies such as the 
                collection of the tariff set forth in clause 2 of 
                Proclamation 9705 and clause 1 of Proclamation 9980, or 
                penalties under United States law.
                    (7) Any provision of previous proclamations and 
                Executive Orders that is inconsistent with the actions 
                taken in this proclamation is superseded to the extent 
                of such inconsistency.

[[Page 48238]]

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

Billing code 3395-F4-P



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[FR Doc. 2024-12503
Filed 6-4-24; 11:15 am]
Billing code 7020-02-C