[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]


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                         Presidential Documents 
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  Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / 
Presidential Documents  

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 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