[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Presidential Documents]
[Pages 227-232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28996]
Presidential Documents
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 /
Presidential Documents
[[Page 227]]
Proclamation 10691 of December 28, 2023
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 the United States
has a security relationship is welcome to discuss
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. In Proclamation 9711, the President noted the
continuing discussions with the European Union (EU) on
behalf of its member countries on satisfactory
alternative means to address the threatened impairment
to the national security by imports of steel articles
from these countries. Recognizing that the member
countries of the EU have an important security
relationship with the United States, the President
determined that the necessary and appropriate means to
address the threat to the national security posed by
imports of steel articles from these countries was to
continue the ongoing discussions and to exempt steel
articles imports from these countries from the tariff
proclaimed in Proclamation 9705 until May 1, 2018.
4. In Proclamation 9740 of April 30, 2018 (Adjusting
Imports of Steel Into the United States), the President
noted that, unless the President determines by further
proclamation that the United States has reached a
satisfactory alternative means to remove the threatened
impairment to the national security by imports of steel
articles from the member countries of the EU, the
tariff proclaimed in clause 2 of Proclamation 9705
shall be effective June 1, 2018, for these countries.
5. In Proclamation 10328 of December 27, 2021
(Adjusting Imports of Steel Into the United States), I
noted that the United States successfully concluded
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discussions with the EU on behalf of its member
countries on satisfactory alternative means to address
the threatened impairment of the national security
posed by steel articles imports from the EU.
Specifically, the United States and the EU agreed to
expand coordination involving trade remedies and
customs matters, monitor bilateral steel and aluminum
trade, cooperate on addressing non-market excess
capacity, and annually review their arrangement for
alternative means and their ongoing cooperation. In
addition, the United States and the EU agreed to seek
to conclude, by October 31, 2023, negotiations on
global steel and aluminum arrangements to restore
market-oriented conditions and support the reduction of
carbon intensity of steel and aluminum across modes of
production.
6. Pursuant to the agreement described in Proclamation
10328, the United States implemented a number of
actions, including a tariff-rate quota that restricts
the quantity of steel articles imported into the United
States from the EU without the application of the
tariff proclaimed in Proclamation 9705. I concluded
that these measures provide an effective, long-term
alternative means to address any contribution by EU
steel articles imports to the threatened impairment of
the national security by restraining steel articles
imports to the United States from the EU, limiting
transshipment, discouraging excess steel capacity and
production, and strengthening the United States-EU
partnership in a fashion that will better enable future
arrangements. In light of that agreement, I also
determined that specified volumes of eligible steel
articles imports from the EU no longer threaten to
impair the national security and decided to exclude
such imports from the EU up to a designated quota from
the tariff proclaimed in Proclamation 9705 through
December 31, 2023. I determined that the alternative
means, including the tariff-rate quota, advance the
recommendations in the Secretary's January 2018 report.
I also noted that the agreed-upon aggregate tariff-rate
quota volume specified in the agreement between the
United States and the EU, totaling 3.3 million metric
tons, is consistent with the objective of reaching and
maintaining a sufficient capacity utilization rate in
the domestic steel industry.
7. During the past 2 years, the United States and the
EU have made substantial progress to identify the
sources of non-market excess capacity and the actions
needed to address distortions resulting from that non-
market excess capacity. The United States and the EU
are continuing their discussions on global steel and
aluminum arrangements to restore market-oriented
conditions in their steel and aluminum sectors and
support the reduction of the greenhouse gas emissions
intensity of steel and aluminum across all modes of
production. These discussions are anticipated to
include alternative measures to prevent imports of
steel from the EU from threatening the national
security of the United States.
8. In light of the ongoing discussions and joint
actions taken pursuant to the agreement described in
Proclamation 10328, I have determined that the
necessary and appropriate means to address the threat
to the national security posed by imports of steel
articles from the member countries of the EU is to
continue the discussions and joint actions with the EU
and to extend the tariff-rate quota that restricts the
quantity of steel articles imported into the United
States from the EU without the application of the
tariff proclaimed in Proclamation 9705. In order to be
eligible for in-quota treatment, steel articles must be
melted and poured in the EU. In my judgment, these
measures will provide an effective, long-term
alternative means to address any contribution by EU
steel articles imports to the threatened impairment of
the national security by restraining steel articles
imports to the United States from the EU, limiting
transshipment, discouraging excess steel capacity and
production, and strengthening the United States-EU
partnership in a fashion that will better enable future
arrangements.
9. In light of the ongoing discussions and joint
actions taken pursuant to the agreement described in
Proclamation 10328, I have determined that specified
volumes of eligible steel articles imports from the EU
will no
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longer threaten to impair the national security and
have decided to exclude such imports from the EU up to
a designated quota from the tariff proclaimed in
Proclamation 9705 through December 31, 2025. The United
States will monitor the implementation and
effectiveness of the tariff-rate quota and other
measures agreed upon with the EU in addressing our
national security needs, and I may revisit this
determination, as appropriate.
10. The alternative means, including the tariff-rate
quota, advance the recommendations contained in the
Secretary's January 2018 report. The agreed-upon
aggregate tariff-rate quota volume specified in the
2021 agreement between the United States and the EU,
totaling 3.3 million metric tons, remains consistent
with the objective of reaching and maintaining a
sufficient capacity utilization rate in the domestic
steel industry.
11. In Proclamation 10328, the United States agreed to
renew for 2 calendar years all exclusions that were
granted and utilized to import steel products tariff-
free from the EU in Fiscal Year 2021. The United States
will renew for 2 calendar years all exclusions that
were utilized to import steel products free from
section 232 tariffs from the EU in Fiscal Year 2021 and
the first quarter of calendar year 2022. These
exclusions were granted by the Department of Commerce
due to a lack of domestic availability of the specified
products in the United States.
12. In light of my determination to adjust the tariff
proclaimed in Proclamation 9705 as applied to eligible
steel articles imported from the EU, 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 it is necessary and
appropriate, at this time, to maintain the current
tariff level as it applies to other countries.
13. 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.
14. 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,
[[Page 230]]
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 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; (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 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 and the
United Kingdom (UK), for steel articles covered by
subheadings 9903.81.25 through 9903.81.78 and heading
9903.81.80, and from the member countries of the
European Union, for steel articles covered by heading
9903.81.81; (ix) on or after 12:01 a.m. eastern
daylight time on June 1, 2023, from all countries
except Argentina, Australia, Brazil, Canada, Mexico,
South Korea, and Ukraine through 11:59 p.m. eastern
daylight time on June 1, 2024, 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 and the UK, for
steel articles covered by subheadings 9903.81.25
through 9903.81.78 and heading 9903.81.80, and from the
member countries of the European Union, for steel
articles covered by heading 9903.81.81, and from the
member countries of the European Union where the steel
used in the manufacture of the steel article is melted
and poured in Ukraine through 11:59 p.m. eastern
daylight time on June 1, 2024; and (x) on or after
12:01 a.m. eastern standard time on January 1, 2024,
from all countries except Argentina, Australia, Brazil,
Canada, Mexico, South Korea, and Ukraine through 11:59
p.m. eastern daylight time on June 1, 2024, and except
the member countries of the European Union through
11:59 p.m. eastern standard time on December 31, 2025,
for steel articles covered by headings 9903.80.65
through 9903.81.19, inclusive, and from Japan and the
UK, for steel articles covered by subheadings
9903.81.25 through 9903.81.78 and heading 9903.81.80,
and from the member countries of the European Union,
for steel articles covered by heading 9903.81.81, and
from the member countries of the European Union where
the steel used in the manufacture of the steel article
is melted and poured in Ukraine through 11:59 p.m.
eastern daylight time on June 1, 2024. 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,
[[Page 231]]
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) Steel eligible for in-quota treatment under the tariff-rate quota
implemented in Proclamation 10328 and extended in this proclamation must be
melted and poured in a member country of the EU in order to receive such
treatment. The Secretary, in consultation with the Secretary of Homeland
Security and the United States Trade Representative, is authorized to take
such actions as are necessary to ensure compliance with this requirement.
Failure to comply could result in applicable remedies such as the
collection of the tariff set forth in clause 2 of Proclamation 9705, or
penalties under United States law.
(3) Imports of steel articles from member countries of the EU in excess of
the tariff-rate quota quantities implemented in Proclamation 10328 and
extended in this proclamation shall remain subject to the duties imposed by
clause 2 of Proclamation 9705, as amended. The Secretary, in consultation
with the United States Trade Representative and the Secretary of Homeland
Security, shall recommend to the President, as warranted, updates to the
in-quota volumes contained in this proclamation.
(4) Steel articles from a member country of the EU imported under an
exclusion granted pursuant to clause 3 of Proclamation 9705, as amended,
shall not count against the in-quota volume of the tariff-rate quota
extended in this proclamation.
(5) The Secretary is directed to renew all utilized exclusions granted
pursuant to clause 3 of Proclamation 9705, as amended, and utilized in
Fiscal Year 2021 (October 1, 2020, through September 30, 2021) and the
first quarter of calendar year 2022 (January 1, 2022, through March 31,
2022), for the import of steel articles from one or more member countries
of the EU for a period of 2 years from the date of this proclamation. The
renewed exclusions shall be for an annual volume equal to that volume
imported from a member country of the EU pursuant to the exclusions in
Fiscal Year 2021 and the first quarter of calendar year 2022. The Secretary
shall communicate to U.S. Customs and Border Protection of the Department
of Homeland Security the exclusions and the volumes of steel articles from
member countries of the EU that are allowed under this provision. The
Secretary shall, by publication on the internet, or by other means, inform
importers of the availability and volume of exclusions renewed by this
provision. This provision does not alter or modify in any way the ability
of importers to seek additional exclusions in accordance with clause 3 of
Proclamation 9705, as amended, and as implemented by the Department of
Commerce, for the import of steel articles from a member country of the EU.
(6) U.S. note 16(f) to subchapter III of chapter 99 of the HTSUS is amended
by inserting, at the end of the first sentence of such note subdivision,
the phrase ``, provided that such iron or steel products are melted and
poured in any member country of the European Union'' after the final
appearance of the word ``subdivision''.
(7) The modifications made by 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 standard time on January 1,
2024, and shall continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(8) Any imports of steel articles from the member countries of the EU 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
standard time on January 1, 2024, shall be subject upon entry for
consumption made on or after 12:01 a.m. eastern standard time on January 1,
2024, to the provisions of the tariff-rate quota in effect at the time of
the entry for consumption.
[[Page 232]]
(9) 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 December, in the year of our Lord
two thousand twenty-three, and of the Independence of
the United States of America the two hundred and forty-
eighth.
(Presidential Sig.)
[FR Doc. 2023-28996
Filed 1-2-24; 8:45 am]
Billing code 3395-F4-P