[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Presidential Documents]
[Pages 33407-33411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11991]
Presidential Documents
Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 33407]]
Proclamation 10403 of May 27, 2022
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 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), 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 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 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. The United States and Ukraine have developed a close
security relationship. Ukraine has expressed its
willingness to work with the United States to address
the global excess capacity for producing steel.
Ukraine's steel industry has been significantly
disrupted by the Russian Federation's unjustified,
unprovoked, unyielding, and unconscionable war against
Ukraine. The significant disruption in Ukraine's steel
production is expected to decrease the total amount of
steel produced by Ukraine as well as the amount of
steel imported into the United States from Ukraine,
which in 2021 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.
4. The United States and Ukraine have recently 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.
[[Page 33408]]
5. In light of the ongoing security discussions and
significant disruption of Ukraine's ability to produce
steel, I conclude that Ukraine's present situation
presents a special case. I have determined to suspend
the tariffs set forth in Proclamation 9705 for the
import of steel articles and derivative steel articles
from Ukraine for 1 year. The Secretary shall 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 take action 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) 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; (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
[[Page 33409]]
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; and (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
except from 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
through 11:59 p.m. eastern standard time on December 31, 2023, for steel
articles covered by headings 9903.81.25 through 9903.81.80, inclusive.
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 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 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
[[Page 33410]]
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; and (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, 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, and except from Ukraine through 11:59 p.m. eastern daylight
time on June 1, 2023''
(3) Any imports of steel articles from Ukraine 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
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.
(4) 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-seventh day of May, in the year of our Lord two
thousand twenty-two, and of the Independence of the
United States of America the two hundred and forty-
sixth.
(Presidential Sig.)
Billing code 3395-F2-P
[[Page 33411]]
[GRAPHIC] [TIFF OMITTED] TD02JN22.002
[FR Doc. 2022-11991
Filed 6-1-22; 8:45 am]
Billing code 7020-02-C