[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Presidential Documents]
[Pages 25857-25877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12140]
Presidential Documents
Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 /
Presidential Documents
[[Page 25857]]
Proclamation 9759 of May 31, 2018
Adjusting Imports of Steel Into the United States
By the President of the United States of America
A Proclamation
1. On January 11, 2018, the Secretary of Commerce
(Secretary) transmitted to me a report on his
investigation into the effect of imports of steel mill
articles on the national security of the United States
under section 232 of the Trade Expansion Act of 1962,
as amended (19 U.S.C. 1862).
2. In Proclamation 9705 of March 8, 2018 (Adjusting
Imports of Steel Into the United States), I concurred
in the Secretary's finding that steel mill articles are
being imported into the United States in such
quantities and under such circumstances as to threaten
to impair the national security of the United States,
and decided to adjust the imports of steel mill
articles, as defined in clause 1 of Proclamation 9705,
as amended (steel articles), by imposing a 25 percent
ad valorem tariff on such articles imported from most
countries, beginning March 23, 2018. I further stated
that any country with which we have a security
relationship is welcome to discuss with the United
States alternative ways to address the threatened
impairment of the national security caused by imports
from that country, and noted that, should the United
States and any such country arrive at a satisfactory
alternative means to address the threat to the national
security such that I determine that imports from that
country no longer threaten to impair the national
security, I may remove or modify the restriction on
steel articles imports from that country and, if
necessary, adjust the tariff as it applies to other
countries, as the national security interests of the
United States require.
3. In Proclamation 9711 of March 22, 2018 (Adjusting
Imports of Steel Into the United States), I noted the
continuing discussions with the Argentine Republic
(Argentina), the Commonwealth of Australia (Australia),
the Federative Republic of Brazil (Brazil), Canada,
Mexico, the Republic of Korea (South Korea), and the
European Union (EU) on behalf of its member countries,
on satisfactory alternative means to address the
threatened impairment to the national security posed by
imports of steel articles from those countries.
Recognizing that each of these countries and the EU has
an important security relationship with the United
States, I determined that the necessary and appropriate
means to address the threat to national security posed
by imports of steel articles from these countries was
to continue the ongoing discussions and to exempt steel
articles imports from these countries from the tariff
proclaimed in Proclamation 9705, as amended, until May
1, 2018.
4. In Proclamation 9740 of April 30, 2018 (Adjusting
Imports of Steel Into the United States), I noted that
the United States had agreed in principle with
Argentina, Australia, and Brazil on satisfactory
alternative means to address the threatened impairment
to our national security posed by steel articles
imports from these countries and extended the temporary
exemption of these countries from the tariff proclaimed
in Proclamation 9705, as amended, in order to finalize
the details.
5. The United States has agreed on a range of measures
with these countries, including measures to reduce
excess steel production and excess steel capacity,
measures that will contribute to increased capacity
utilization in the United States, and measures to
prevent the transshipment of steel articles
[[Page 25858]]
and avoid import surges. In my judgment, these measures
will provide effective, long-term alternative means to
address these countries' contribution to the threatened
impairment to our national security by restraining
steel articles exports to the United States from each
of them, limiting transshipment and surges, and
discouraging excess steel capacity and excess steel
production. In light of these agreements, I have
determined that steel articles imports from these
countries will no longer threaten to impair the
national security and thus have decided to exclude
these countries from the tariff proclaimed in
Proclamation 9705, as amended. The United States will
monitor the implementation and effectiveness of the
measures agreed upon with these countries to address
our national security needs, and I may revisit this
determination, as appropriate.
6. In light of my determination to exclude, on a long-
term basis, these countries from the tariff proclaimed
in Proclamation 9705, as amended, I have considered
whether it is necessary and appropriate in light of our
national security interests to make any corresponding
adjustments to such tariff as it applies to other
countries. I have determined that, in light of the
agreed-upon measures with these countries, and the fact
that the tariff will now apply to imports of steel
articles from additional countries, it is necessary and
appropriate, at this time, to maintain the current
tariff level as it applies to other countries.
7. Section 232 of the Trade Expansion Act of 1962, as
amended, authorizes the President to adjust the imports
of an article and its derivatives that are being
imported into the United States in such quantities or
under such circumstances as to threaten to impair the
national security.
8. Section 604 of the Trade Act of 1974, as amended (19
U.S.C. 2483), authorizes the President to embody in the
Harmonized Tariff Schedule of the United States (HTSUS)
the substance of statutes affecting import treatment,
and actions thereunder, including the removal,
modification, continuance, or imposition of any rate of
duty or other import restriction.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States of America, by the authority vested in me
by the Constitution and the laws of the United States
of America, including section 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title
3, United States Code, and section 604 of the Trade Act
of 1974, as amended, do hereby proclaim as follows:
(1) The superior text to subheadings 9903.80.05
through 9903.80.58 of the HTSUS is amended by replacing
``South Korea'' with ``Argentina, of Brazil, or of
South Korea''.
(2) For the purposes of administering the
quantitative limitations applicable to subheadings
9903.80.05 through 9903.80.58 for Argentina and Brazil,
the annual aggregate limits for each country set out in
the Annex to this proclamation shall apply for the
period starting with calendar year 2018 and for
subsequent years, unless modified or terminated. The
quantitative limitations applicable to subheadings
9903.80.05 through 9903.80.58 for these countries,
which for calendar year 2018 shall take into account
all steel articles imports from each respective country
since January 1, 2018, shall be effective for steel
articles entered for consumption, or withdrawn from
warehouse for consumption, on or after June 1, 2018,
and shall be implemented by U.S. Customs and Border
Protection (CBP) of the Department of Homeland Security
as soon as practicable, consistent with the superior
text to subheadings 9903.80.05 through 9903.80.58. The
Secretary of Commerce shall monitor the implementation
of the quantitative limitations applicable to
subheadings 9903.80.05 through 9903.80.58 and shall, in
consultation with the Secretary of Defense, the United
States Trade Representative, and such other senior
Executive Branch officials as the Secretary deems
appropriate, inform the President of any circumstance
that in the Secretary's opinion might indicate that an
adjustment of the quantitative limitations is
necessary.
[[Page 25859]]
(3) The text of subdivision (e) of U.S. note 16 to
subchapter III of chapter 99 of the HTSUS is amended by
striking the last sentence and inserting in lieu
thereof the following sentence: ``Beginning on July 1,
2018, imports from any such country in an aggregate
quantity under any such subheading during any of the
periods January through March, April through June, July
through September, or October through December in any
year that is in excess of 500,000 kg and 30 percent of
the total aggregate quantity provided for a calendar
year for such country, as set forth on the internet
site of CBP, shall not be allowed.''.
(4) The Secretary of Commerce, in consultation with
CBP and with other relevant executive departments and
agencies, shall revise the HTSUS so that it conforms to
the amendments and effective dates directed in this
proclamation. The Secretary shall publish any such
modification to the HTSUS in the Federal Register.
(5) Clause 5 of Proclamation 9711, as amended, is
amended by striking the phrase ``as amended by
Proclamation 9711,'' in the first and second sentences
and inserting in lieu thereof the following phrase:
``as amended, or to the quantitative limitations
established by proclamation,''. Clause 5 of
Proclamation 9711, as amended, is further amended by
inserting the phrase ``or quantitative limitations''
after the words ``ad valorem rates of duty'' in the
first and second sentences.
(6) Clause 5 of Proclamation 9740 is amended by
striking the phrase ``as amended by clause 1 of this
proclamation,'' and inserting in lieu thereof the
following phrase: ``as amended, or to the quantitative
limitations established by proclamation,'' in the first
sentence. Clause 5 of Proclamation 9740 is further
amended by striking the words ``by clause 4 of this
proclamation'' from the second sentence.
(7) Any provision of previous proclamations and
Executive Orders that is inconsistent with the actions
taken in this proclamation is superseded to the extent
of such inconsistency.
[[Page 25860]]
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of May, in the year of our Lord two
thousand eighteen, and of the Independence of the
United States of America the two hundred and forty-
second.
(Presidential Sig.)
Billing code 3295-F8-P
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[FR Doc. 2018-12140
Filed 6-4-18; 8:45 a.m.]
Billing code 7020-02-C