[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Presidential Documents]
[Pages 23421-23423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10759]
[[Page 23419]]
Vol. 84
Tuesday,
No. 98
May 21, 2019
Part IV
The President
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Proclamation 9886--Adjusting Imports of Steel Into the United States
Proclamation 9887--To Modify the List of Beneficiary Developing
Countries Under the Trade Act of 1974
Presidential Documents
Federal Register / Vol. 84 , No. 98 / Tuesday, May 21, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 23421]]
Proclamation 9886 of May 16, 2019
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
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 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), 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),
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 these steel
articles by imposing a 25 percent ad valorem tariff on
such articles imported from most countries.
3. In Proclamation 9705, I also directed the Secretary
to monitor imports of steel articles and inform me of
any circumstances that in the Secretary's opinion might
indicate the need for further action under section 232
of the Trade Expansion Act of 1962, as amended, with
respect to such imports.
4. In August 2018, the Secretary informed me that while
capacity utilization in the domestic steel industry had
improved, it was still below the target capacity
utilization level recommended by the Secretary in his
report. Although imports of steel articles had declined
since the imposition of the tariff, I was advised that
they were still several percentage points greater than
the level of imports that would allow domestic capacity
utilization to reach the target level. Given that
imports had not declined as much as anticipated and
capacity utilization had not increased to that target
level, I concluded that it was necessary and
appropriate in light of our national security interests
to adjust the tariff imposed by previous proclamations.
5. In the Secretary's January 2018 report, the
Secretary recommended that I consider applying a higher
tariff to a list of specific countries should I
determine that all countries should not be subject to
the same tariff. One of the countries on that list was
the Republic of Turkey (Turkey). As the Secretary
explained in that report, Turkey was among the major
exporters of steel to the United States for domestic
consumption. To further reduce imports of steel
articles and increase domestic capacity utilization, I
determined in Proclamation 9772 of August 10, 2018
(Adjusting Imports of Steel Into the United States),
that it was necessary and appropriate to impose a 50
percent ad valorem tariff on steel articles imported
from Turkey, beginning on August 13, 2018. The
Secretary advised me that this adjustment would be a
significant step toward ensuring the viability of the
domestic steel industry.
6. The Secretary has now advised me that, since the
implementation of the higher tariff under Proclamation
9772, imports of steel articles have declined by 12
percent in 2018 compared to 2017 and imports of steel
[[Page 23422]]
articles from Turkey have declined by 48 percent in
2018, with the result that the domestic industry's
capacity utilization has improved at this point to
approximately the target level recommended in the
Secretary's report. This target level, if maintained
for an appropriate period, will improve the financial
viability of the domestic steel industry over the long
term.
7. Given these improvements, I have determined that it
is necessary and appropriate to remove the higher
tariff on steel imports from Turkey imposed by
Proclamation 9772, and to instead impose a 25 percent
ad valorem tariff on steel imports from Turkey,
commensurate with the tariff imposed on such articles
imported from most countries. Maintaining the existing
25 percent ad valorem tariff on most countries is
necessary and appropriate at this time to address the
threatened impairment of the national security that the
Secretary found in the January 2018 report.
8. 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.
9. 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) 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; and (iv) on or after 12:01 a.m. eastern
daylight time on May 21, 2019, from all countries
except Argentina, Australia, Brazil, and South Korea.
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 daylight
time on the date specified in a determination by the
Secretary
[[Page 23423]]
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.''.
(2) The text of U.S. note 16(a)(i) to subchapter III of chapter 99 of the
HTSUS is amended by deleting ``Except as provided in U.S. note 16(a)(ii),
which applies to products of Turkey that are provided for in heading
9903.80.02, heading 9903.80.01 provides'' and inserting the following in
lieu thereof: ``Heading 9903.80.01 provides''.
(3) Heading 9903.80.02, in subchapter III of chapter 99 of the HTSUS, and
its accompanying material, and U.S. note 16(a)(ii) to subchapter III of
chapter 99 of the HTSUS, are deleted.
(4) Paragraphs (b), (c), and (d) of U.S. note 16 to subchapter III of
chapter 99 of the HTSUS are each amended by replacing ``headings 9903.80.01
and 9903.80.02'' with ``heading 9903.80.01''.
(5) The ``Article description'' for heading 9903.80.01 in subchapter III of
chapter 99 of the HTSUS is amended by replacing ``of Brazil, of Turkey''
with ``of Brazil''.
(6) The modifications to the HTSUS made by clauses 1 through 5 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 daylight time on May 21, 2019 and shall continue in effect,
unless such actions are expressly reduced, modified, or terminated.
(7) Any steel articles imports from Turkey 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 May 21, 2019,
shall be subject upon entry for consumption on or after such time and date
to the ad valorem rate of duty in heading 9903.80.01 in subchapter III of
chapter 99 of the HTSUS.
(8) 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
sixteenth day of May, in the year of our Lord two
thousand nineteen, and of the Independence of the
United States of America the two hundred and forty-
third.
(Presidential Sig.)
[FR Doc. 2019-10759
Filed 5-20-19; 11:15 am]
Billing code 3295-F9-P