[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Presidential Documents]
[Pages 23987-23989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11002]


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  Federal Register / Vol. 84 , No. 100 / Thursday, May 23, 2019 / 
Presidential Documents  

[[Page 23987]]


                Proclamation 9894 of May 19, 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 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. As stated in the Proclamation dated May 16, 2019 
                (Adjusting Imports of Steel Into the United States), 
                the Secretary has now advised me that the domestic 
                industry's capacity utilization has improved 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.

                4. 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 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.

                5. The United States has successfully concluded 
                discussions with Canada and Mexico on satisfactory 
                alternative means to address the threatened impairment 
                of the national security posed by steel articles 
                imports from Canada and Mexico. The United States has 
                agreed on a range of measures with Canada and Mexico to 
                prevent the importation of steel articles that are 
                unfairly subsidized or sold at dumped prices, to 
                prevent the transshipment of steel articles, and to 
                monitor for and avoid import surges. These measures are 
                expected to allow imports of steel articles from Canada 
                and Mexico to remain stable at historical levels 
                without meaningful increases, thus permitting the 
                domestic industry's capacity utilization to continue at 
                approximately the target level recommended in the 
                Secretary's report. In my judgment, these measures will 
                provide effective, long-term alternative means to 
                address the contribution of these countries' imports to 
                the threatened impairment of the national security.

[[Page 23988]]

                6. In light of these agreements, I have determined 
                that, under the framework in the agreements, imports of 
                steel articles from Canada and Mexico will no longer 
                threaten to impair the national security, and thus I 
                have decided to exclude Canada and Mexico from the 
                tariff proclaimed in Proclamation 9705, as amended. The 
                United States will monitor the implementation and 
                effectiveness of these measures in addressing our 
                national security needs, and I may revisit this 
                determination as appropriate.

                7. In light of my determination to exclude, on a long-
                term basis, Canada and Mexico 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 Canada and Mexico, it is 
                necessary and appropriate, at this time, to maintain 
                the current tariff level as it applies to other 
                countries.

                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) Proclamation 9705, as amended, is further amended by revising clause 2 
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, Canada, Mexico, South 
                Korea, and Turkey; and (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. 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,

[[Page 23989]]

                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 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 ``Article description'' for heading 9903.80.01, in subchapter III 
of chapter 99 of the HTSUS, is amended by deleting ``of South Korea, of 
Brazil, of Turkey'' and inserting ``of Brazil, of Canada, of Mexico, of 
South Korea, of Turkey''.

(3) The modifications made by clauses 1 and 2 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 20, 2019, and shall continue in effect, unless such actions are 
expressly reduced, modified, or terminated.

(4) The Proclamation dated May 16, 2019 (Adjusting Imports of Steel Into 
the United States), is amended by revising clause 5 to read as follows: 
``The `Article description' for heading 9903.80.01 in subchapter III of 
chapter 99 of the HTSUS is amended by replacing `of South Korea, of Turkey' 
with `of South Korea'.''.

(5) Any imports of steel articles from Canada and Mexico that were admitted 
into a U.S. 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 
20, 2019, shall not be subject upon entry for consumption made after 12:01 
a.m. eastern daylight time on May 20, 2019, to the additional 25 percent ad 
valorem rate of duty as imposed by Proclamation 9705, as amended.

(6) 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 
                nineteenth 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. 2019-11002
Filed 5-22-19; 11:15 am]
Billing code 3295-F9-P