[United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 10064 of August 28, 2020
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 (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 me of
his opinion that steel articles were 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), I 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), were 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 these steel articles by imposing a 25 percent ad valorem
tariff on such articles imported from most countries.
3. In Proclamation 9705, 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 article 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.
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 the Federative Republic of Brazil (Brazil) on
satisfactory alternative means to address the threatened impairment to
our national security posed by steel articles imported from Brazil. In
Proclamation 9759 of May 31, 2018 (Adjusting Imports of Steel Into the
United States), I noted that the United States had agreed on measures
with Brazil that would provide effective, long-term alternative means to
ad-

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dress Brazil's contribution to the threatened impairment to our national
security. These included quantitative limitations that restrict the
volume of steel articles imported into the United States from Brazil. In
light of these agreed-upon measures, I determined that steel article
imports from Brazil would no longer threaten to impair the national
security and decided to exclude Brazil from the tariff proclaimed in
Proclamation 9705, as amended. I further noted that the United States
would monitor the implementation and effectiveness of those measures to
address our national security needs.
5. In Proclamation 9759, I also directed the Secretary to monitor
implementation of quantitative limitations applicable to steel article
imports from Brazil and inform me of any circumstance that in the
Secretary's opinion might indicate that an adjustment of the
quantitative limitations is necessary.
6. The Secretary has advised me that there have been significant changes
in the United States steel market since the time I decided to exclude,
on a long-term basis, Brazil from the tariff proclaimed in Proclamation
9705, as amended. The United States steel market has contracted in 2020.
After increasing in 2018 and 2019, steel shipments by domestic producers
through June of this year are approximately 15 percent lower than
shipments for the same time period in 2019, with shipments in April and
May of this year more than 30 percent lower than the shipments in the
same months in 2019. The Secretary has further advised me that domestic
producers' adjusted year-to-date capacity utilization rate through
August 15, 2020, is below 70 percent and that the current rate has been
near or below 60 percent since the second week of April. Brazil is also
the second largest source of steel imports to the United States and the
largest source of imports of semi-finished steel products. Moreover,
imports from most countries have declined this year in a manner
commensurate with this contraction, whereas imports from Brazil have
decreased only slightly.
7. In light of these significantly changed market conditions, I have
determined that the alternative measures regarding Brazilian steel
imports, without any modifications, will be ineffective in eliminating
the threat to the national security posed by imports of such articles,
in the current environment. The United States and Brazil have held
consultations regarding Brazil's steel exports to the United States. As
a result of these discussions, the United States will lower, for the
remainder of 2020, one of the quantitative limitations set forth in
Proclamation 9759 applicable to certain steel articles imported from
Brazil. In my judgment, this modification will preserve the
effectiveness of the alternative means to address the threatened
impairment to our national security by further restraining steel article
exports to the United States from Brazil during this period of market
contraction. In light of this modification, I have determined that steel
article imports from Brazil will not threaten to impair the national
security and thus have decided to continue to exclude Brazil from the
tariff proclaimed in Proclamation 9705, as amended. The United States
and Brazil will hold further consultations in December 2020 to discuss
the state of the steel trade between the two countries in light of then-
prevailing market conditions.
8. I have been informed that a reduction in this quantitative limitation
set forth in Proclamation 9759 applicable to certain steel article
imports from Brazil may delay or disrupt specific production activities
in

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the United States for which imports of the steel articles covered by the
quantitative limitation have already been contracted for delivery in the
fourth quarter of this year. In light of these circumstances, and after
considering the impact on the economy and the national security
objectives of section 232 of the Trade Expansion Act of 1962, as
amended, I have determined to direct the Secretary to provide relief
from the quantitative limitation set forth in this proclamation in
certain limited circumstances specified in more detail below, in
addition to the relief from the quantitative limitations that the
Secretary is already authorized to provide pursuant to clause 1 of
Proclamation 9777 of August 29, 2018 (Adjusting Imports of Steel Into
the United States).
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 of the United States.
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, 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) For purposes of administering the quantitative limitation
applicable to subheading 9903.80.57 of subchapter III of chapter 99 of
the HTSUS for Brazil, the annual aggregate limit for Brazil set out in
the Annex to this proclamation shall apply for calendar year 2020. This
aggregate limit, which shall take into account all steel article imports
from Brazil covered by this subheading since January 1, 2020, shall be
effective for steel articles entered for consumption, or withdrawn from
warehouse for consumption, under this subheading, between August 28,
2020 and December 31, 2020. For calendar year 2021 and for subsequent
years, the annual aggregate limit for Brazil shall revert to the
aggregate limit for Brazil set forth in the Annex to Proclamation 9759,
unless that limit is further modified or terminated.
(2) The Secretary shall, on an expedited basis, grant relief from
the quantitative limitation applicable to subheading 9903.80.57 of
subchapter III of chapter 99 of the HTSUS for Brazil, as set out in the
Annex to this proclamation, for any steel article where (i) the party
requesting relief entered into a contract or other written agreement for
the production and shipment of such steel article before August 28,
2020; (ii) such agreement specifies the quantity of such steel article
that is to be produced and shipped to the United States prior to
December 31, 2020; (iii) such steel article is to be used in production
activities in the United States and such steel article cannot be
procured from another supplier to meet the delivery schedule and
specifications contained in such agreement; and (iv) lack of relief from
the quantitative limitation on such steel article would significantly
disrupt the

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production activity in the United States for which the steel article
specified in such agreement is intended. The volume of imports for which
the Secretary grants relief under this clause shall not exceed
60,000,000 kilograms in the aggregate.
(3) The Secretary shall grant relief under clause 2 of this
proclamation only upon receipt of a sworn statement signed by the chief
executive officer and the chief legal officer of the party requesting
relief, attesting that (i) the steel article for which relief is sought
and the associated contract or other written agreement meet the criteria
for relief set forth in clause 2(i) through (iv) of this proclamation;
(ii) the party requesting relief will accurately report to U.S. Customs
and Border Protection (CBP), in the manner that CBP prescribes, the
quantity of steel articles entered for consumption, or withdrawn from
warehouse for consumption, pursuant to any grant of relief; and (iii)
the quantity of steel articles entered pursuant to a grant of relief
will not exceed the quantity for which the Secretary has granted relief.
The Secretary shall notify CBP of any grant of relief made pursuant to
this proclamation. The Secretary shall revoke any grant of relief under
clause 2 of this proclamation if the Secretary determines at any time
after such grant that the criteria for relief have not been met and may,
if the Secretary deems it appropriate, notify the Attorney General of
the facts that led to such revocation.
(4) As soon as practicable, the Secretary shall issue procedures for
the requests for relief described in clauses 2 and 3 of this
proclamation. The issuance of such procedures is exempt from Executive
Order 13771 of January 30, 2017 (Reducing Regulation and Controlling
Regulatory Costs). CBP shall implement relief provided under clause 2 of
this proclamation as soon as practicable.
(5) Until such time as the applicable quantitative limitation
provided in subheading 9903.80.57 of subchapter III of chapter 99 of the
HTSUS for Brazil has been reached, CBP shall count any steel article for
which relief is granted under clause 2 of this proclamation toward such
quantitative limitation at the time when such steel article is entered
for consumption or withdrawn from warehouse for consumption. Any steel
article for which relief is granted under clause 2 of this proclamation
must be entered for consumption, or withdrawn from warehouse for
consumption, on or before December 31, 2020, and, before January 1,
2021, further relief may not be granted for such article by the
Secretary under clause 1 of Proclamation 9777. Steel articles for which
relief is granted under clause 2 of this proclamation shall be subject
to the duty treatment provided in subheading 9903.80.62 of subchapter
III of chapter 99 of the HTSUS for Brazil, as established by the Annex
to this proclamation.
(6) Subdivision (a)(iii) of U.S. note 16 to subchapter III of
chapter 99 of the HTSUS is amended by striking ``9903.80.61''; and
inserting in its place ``9903.80.62'';.
(7) Subdivision (c) of U.S. note 16 to subchapter III of chapter 99
of the HTSUS is amended by striking, in the last sentence, ``and
9903.80.61''; and inserting in its place: ``, 9903.80.61, and
9903.80.62'';.
(8) Subdivision (d) of U.S. note 16 to subchapter III of chapter 99
of the HTSUS is amended by striking, in the first sentence, ``and
9903.80.61''; and inserting in its place: ``through 9903.80.62'';.

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(9) The superior text to subheadings 9903.80.05 through 9903.80.58
of subchapter III of chapter 99 of the HTSUS is amended by striking
``and 9903.80.61''; and inserting in its place: ``through 9903.80.62'';.
(10) To implement clause 2 of this proclamation, subchapter III of
chapter 99 of the HTSUS is modified as provided in the Annex to this
proclamation.
(11) The modifications to the HTSUS made by clauses 6 through 10 of
this proclamation and the Annex to this proclamation shall be effective
with respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern daylight time
on August 28, 2020, and shall continue in effect, unless such actions
are expressly reduced, modified, or terminated.
(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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of August, in the year of our Lord two thousand twenty, and of the
Independence of the United States of America the two hundred and forty-
fifth.
DONALD J. TRUMP

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