[Federal Register Volume 90, Number 31 (Tuesday, February 18, 2025)]
[Presidential Documents]
[Pages 9817-9830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02833]
Presidential Documents
Federal Register / Vol. 90 , No. 31 / Tuesday, February 18, 2025 /
Presidential Documents
[[Page 9817]]
Proclamation 10896 of February 10, 2025
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 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) (section 232). 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 steel articles by
imposing a 25 percent ad valorem tariff on such
articles imported from most countries. Proclamation
9705 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 that 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, 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.
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,
as amended, with respect to such imports. Pursuant to
Proclamation 9705, the Secretary was authorized to
provide relief from the additional duties, based on a
request from a directly affected party located in the
United States, for any steel article determined not to
be produced in the United States in a sufficient and
reasonably available amount or of a satisfactory
quality, or based upon specific national security
considerations.
In subsequent proclamations, I noted the conclusion of
discussions or the agreement on certain measures with
the Argentine Republic (Argentina), Proclamation 9759
of May 31, 2018 (Adjusting Imports of Steel Into the
United States); the Commonwealth of Australia
(Australia), Proclamation 9759; the Federative Republic
of Brazil (Brazil), Proclamation 9759; Proclamation
10064 of August 28, 2020 (Adjusting Imports of Steel
Into the United States); Canada, Proclamation 9894 of
May 19, 2019 (Adjusting Imports of Steel Into the
United States; the United Mexican States (Mexico),
Proclamation 9894; and the Republic of Korea (South
Korea), Proclamation 9740 of April 30, 2018 (Adjusting
Imports of Steel Into the United States). President
[[Page 9818]]
Biden noted the conclusion of discussions or the
agreement on certain measures with the European Union
(EU) on behalf of its member countries, Proclamation
10328 of December 27, 2021 (Adjusting Imports of Steel
Into the United States); Proclamation 10691 of December
28, 2023 (Adjusting Imports of Steel Into the United
States); Japan, Proclamation 10356 of March 31, 2022
(Adjusting Imports of Steel Into the United States);
and the United Kingdom (UK), Proclamation 10406 of May
31, 2022 (Adjusting Imports of Steel Into the United
States), on alternative ways to address the threat to
the national security. In addition, then-President
Biden acknowledged the close relationship with Ukraine
and exempted steel articles from Ukraine from the
tariff. Proclamation 10403 of May 27, 2022 (Adjusting
Imports of Steel Into the United States); Proclamation
10588 of May 31, 2023 (Adjusting Imports of Steel Into
the United States); Proclamation 10771 of May 31, 2024
(Adjusting Imports of Steel Into the United States). In
Proclamation 10783 of July 10, 2024 (Adjusting Imports
of Steel Into the United States), President Biden noted
that imports of steel articles from Mexico had
increased significantly as compared to their levels at
the time of Proclamation 9894. Accordingly, he
implemented a melt and pour requirement for imports of
steel articles that are products of Mexico and
increased the section 232 duty rate for imports of
steel articles and derivative steel articles that are
products of Mexico that are melted and poured in a
country other than Mexico, Canada, or the United
States.
4. The Secretary has informed me that the initial 25
percent ad valorem tariff imposed by Proclamation 9705
has been an effective means of reducing imports,
encouraging investment and expansion of production by
domestic steel producers, and mitigating the threatened
impairment of U.S. national security. Following the
initial imposition of 25 percent ad valorem tariffs,
the U.S. steel capacity utilization rate increased to
above 80 percent.
5. The Secretary has also informed me that,
notwithstanding the impact of the tariff imposed by
Proclamation 9705, imports of steel articles from
certain countries exempted from the tariff or subject
to alternative agreements have increased significantly,
while excess capacity in the global steel industry has
begun to increase again in recent years. For example,
imports from Canada increased 18 percent since Canada
was excluded from the section 232 tariffs. According to
the Organization for Economic Cooperation and
Development (OECD), global steel excess capacity is
projected to reach approximately 630 million metric
tons by 2026, more than total steel production in all
OECD countries. At the same time, exports of steel from
the People's Republic of China (China) have recently
surged, exceeding 114 million metric tons through
November 2024 while displacing production in other
countries and forcing them to export greater volumes of
steel articles and derivative steel articles to the
United States.
6. Total steel imports as a share of U.S. consumption
increased significantly in 2024, reaching nearly 30
percent, similar to the import share of U.S.
consumption at the time the Secretary issued his
January 11, 2018, report. Imports from countries with
which the United States has reached alternative
agreements have increased significantly as a share of
total imports, from 74 percent in 2018 to 82 percent in
2024, while imports from countries subject to
quantitative restrictions remain elevated regardless of
changing U.S. demand conditions and the substantial
investments made to expand the capabilities of the
domestic industry. Increasing and persistently high
import volumes from countries exempted from the duties
or subject to other alternative agreements like quotas
and tariff-rate quotas have captured the benefit of
U.S. demand at the domestic industry's expense and
transmitted harmful effects onto the domestic industry.
As steel import market share has increased, the
domestic industry's performance has been depressed,
resulting in capacity utilization rates persistently
lower than the 80 percent target level highlighted in
the Secretary's report.
7. The Secretary has informed me that imports of steel
articles from Canada and Mexico have increased
significantly to levels that once again threaten
[[Page 9819]]
to impair U.S. national security. Volumes from both
Canada and Mexico increased overall, from 7.77 million
metric tons in 2020 to 9.14 million metric tons in
2024. Imports have also surged in excess of historical
norms of trade across numerous key product lines, such
as long reinforcing bars, which have experienced import
increases of 1,678 percent from Mexico and 564 percent
from Canada. These surges have occurred while
authorities in those countries have supported otherwise
uncompetitive producers with subsidies and other
interventions that have exacerbated the global excess
capacity crisis. In addition, increasing import volumes
and including Mexico's imports from China, support a
conclusion that there is transshipment or further
processing of steel mill articles from countries that
remain subject to the additional ad valorem tariff
proclaimed in Proclamation 9705, or from countries
seeking to evade quantitative restrictions.
8. The Secretary has also informed me that alternative
agreements with trading partners including Australia,
the members of the EU, Japan, and the United Kingdom
have been less effective in eliminating the threatened
impairment of U.S. national security than the
additional ad valorem tariff proclaimed in Proclamation
9705. As a result, imports of steel articles from these
countries have increased as a share of total U.S. steel
imports from 18.6 percent in 2020 to 20.7 percent in
2024. In addition, from 2022 to 2024, imports from
countries subject to quotas (Argentina, Brazil, and
South Korea) increased by approximately 1.5 million
metric tons, even as U.S. demand declined by more than
6.1 million tons during the period. Argentina has
continued to export steel to the United States at
unsustainable quantities, especially a recent surge of
semifinished products. Furthermore, Argentina's lack of
data transparency has continued to be of concern for
the United States. From official trade statistics
released by Argentina, it is difficult to assess the
levels of steel being imported from places like China
and Russia, and other potential sources of excess
capacity. Brazilian imports from countries with
meaningful levels of overcapacity, specifically China
have grown tremendously in recent years, more than
tripling since the institution of this quota
arrangement.
9. At the same time, these alternative agreements have
not resulted in sufficient action by these trading
partners to address non-market excess capacity caused
primarily by China, or sufficient cooperation by these
trading partners on issues like trade remedies and
customs matters or monitoring bilateral steel trade.
Some countries have also welcomed steel industry
investments from non-market producers in countries like
China seeking to exploit the agreements to obtain
preferential access to the U.S. market. The agreements
have therefore been detrimental to U.S. steel
production and national security.
10. The Secretary has informed me of similar problems
with respect to the temporary exemption for imports of
steel articles and derivative steel articles from
Ukraine. Rather than supporting the Ukrainian steel
industry and alleviating the economic harm caused by
the ongoing conflict, the benefits of this temporary
exemption have accrued primarily to producers in EU
member countries, which have significantly increased
duty-free exports to the U.S. market of steel articles
processed from Ukrainian semi-finished steel. Since
2021, imports from Ukraine have remained steady at 0.5
percent of total U.S. imports, while imports from the
European Union have increased 11.2 percent to 14.8
percent. As a result of the temporary exemption, these
imports enter the U.S. market subject to neither the ad
valorem tariff proclaimed in Proclamation 9705, nor the
tariff-rate-quota system applicable to other imports of
steel articles from EU producers as proclaimed in
Proclamation 10328. This has facilitated evasion of
both the section 232 measures and of antidumping duties
that would be paid if the finished products were
imported directly from Ukraine.
11. The Secretary has informed me that producers in
countries that remain subject to the program have
continued to evade the measures by processing covered
steel articles into additional downstream steel
derivative products
[[Page 9820]]
that were not included in the additional ad valorem
tariffs proclaimed in Proclamation 9705 and
Proclamation 9980 of January 24, 2020 (Adjusting
Imports of Derivative Aluminum Articles and Derivative
Steel Articles Into the United States). Imports of
products such as fabricated structural steel,
prestressed concrete strand, and others, have increased
significantly since the issuance of Proclamation 9705
and Proclamation 9980, eroding the domestic industry's
customer base and resulting in depressed demand for
steel articles produced in the United States.
12. The Secretary has also informed me of certain
ongoing challenges with the product exclusion process
authorized by Proclamation 9705, Proclamation 9777 of
August 29, 2018 (Adjusting Imports of Steel Into the
United States), and Proclamation 9980 and implemented
by subsequent regulations. This process has resulted in
exclusions for a significant volume of imports, in a
manner that undermines the purpose of the section 232
measures and threatens to impair national security.
Certain general approved exclusions remain in effect
for entire tariff lines of steel articles,
notwithstanding the domestic industry's potential to
produce many excluded products.
13. I determine that these developments and
modifications to the tariffs announced in Proclamation
9705 have undermined the program's national security
objectives by preventing the domestic steel industry
from achieving sustained production capacity
utilization of at least 80 percent, as determined
necessary in the Secretary's report of January 11,
2018. I also determine that they have failed to achieve
their articulated objectives. As a result, I determine
that they have resulted in significantly increasing
imports of steel articles that threaten to impair the
national security.
14. In light of the Secretary's findings regarding the
alternative agreements with South Korea proclaimed in
Proclamation 9740; Argentina, Australia, and Brazil
proclaimed in Proclamation 9759; Canada and Mexico
proclaimed in Proclamation 9894; EU countries
proclaimed in Proclamation 10328; Japan proclaimed in
Proclamation 10356; and the United Kingdom proclaimed
in Proclamation 10406, I have revisited the
determinations in these proclamations. In my judgment,
the arrangements with these countries have failed to
provide effective, long-term alternative means to
address these countries' contribution to the threatened
impairment to the national security by restraining
steel articles exports to the United States from each
of them, limiting transshipment and surges and
distorted pricing, and discouraging excess steel
capacity and excess steel production. Thus, I have
determined that steel articles imports from these
countries threaten to impair the national security, and
I have decided that it is necessary to terminate these
arrangements as of March 12, 2025. As of that date, all
imports of steel articles and derivative steel articles
from Argentina, Australia, Brazil, Canada, EU
countries, Japan, Mexico, South Korea, and the United
Kingdom shall be subject to the additional ad valorem
tariff proclaimed in Proclamation 9705 with respect to
steel articles and Proclamation 9980 with respect to
derivative steel articles. In my judgment, these
modifications are necessary to address the
significantly increasing share of imports of steel
articles and derivative steel articles from these
sources, which threaten to impair U.S. national
security. Replacing the alternative agreements with the
additional ad valorem tariffs will be a more robust and
effective means of ensuring that the objectives
articulated in the Secretary's January 11, 2018, report
and subsequent proclamations are achieved.
15. For the same reasons, I have also revisited the
determinations in Proclamation 10403, Proclamation
10558, and Proclamation 10771. In my judgment, the
arrangement with Ukraine has failed to provide
effective, long-term alternative means to address
Ukraine's contribution to the threatened impairment to
our national security by restraining steel articles
exports to the United States from Ukraine, limiting
transshipment and surges, and discouraging excess steel
capacity and excess steel production. Thus, I have
determined that steel articles imports from Ukraine
threaten to impair the national security and have
determined that it is necessary to terminate the
temporary
[[Page 9821]]
exemption for imports of steel articles and derivative
steel articles from Ukraine as proclaimed in
Proclamation 10403, Proclamation 10558, and
Proclamation 10771. In my judgment, terminating this
exemption will prevent abuses that have resulted in
significantly increasing imports from sources other
than Ukraine, will prevent evasion of antidumping
duties, and will support the domestic steel industry
without harming Ukraine's economic recovery.
16. In light of the information provided by the
Secretary that significantly increasing imports of
certain derivative steel articles have depressed demand
for steel articles produced by domestic steel
producers, I have determined that it is necessary and
appropriate in light of U.S. national security
interests to adjust the tariff proclaimed in
Proclamation 9705 and Proclamation 9980 to apply to
additional derivative steel articles. As of March 12,
2025, the additional derivative steel articles covered
by this proclamation, as set out in Annex I to this
proclamation, shall be subject to the ad valorem duties
proclaimed in Proclamation 9705 and Proclamation 9980,
except for derivative steel articles processed in
another country from steel articles that were melted
and poured in the United States. For any derivative
steel article identified in Annex I that is not in
Chapter 73 of the HTSUS, the additional ad valorem duty
shall apply only to the steel content of the derivative
steel article. The Secretary shall publish a notice in
the Federal Register to this effect, including Annex I
to this proclamation.
17. The Secretary has informed me that his findings
with regard to the product exclusion process present
circumstances that in the Secretary's opinion indicate
the need for further action by the President under
section 232. Accordingly, as of the date of this
proclamation the Secretary is no longer authorized to
provide relief from the additional duties set forth in
clause 2 of Proclamation 9705 for any steel article
determined not to be produced in the United States in a
sufficient and reasonably available amount or a
satisfactory quality or based on specific national
security determinations, and the product exclusion
process as authorized in clause 3 of Proclamation 9705,
clause 1 of Proclamation 9777, and clause 2 of
Proclamation 9980 is terminated, effective immediately.
I have determined that terminating product exclusions
is necessary to ensure that overly broad exclusions do
not allow high volumes of imports to undermine the
objectives articulated in the Secretary's January 11,
2018, report and relevant subsequent proclamations.
This change will also relieve the administrative burden
that the process has created. Following this
proclamation, and subject to any restrictions set forth
in or pursuant to other provisions of applicable law,
imports of any steel article or derivative steel
article from any source and in any quantity will be
available to U.S. importers, provided that the
additional ad valorem tariffs are paid upon entry or
withdrawal from warehouse for consumption.
18. 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 if
the President concurs with the Secretary's finding that
the article is being imported into the United States in
such quantities or under such circumstances as to
threaten to impair the national security.
19. 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.
20. The United States will monitor the implementation
and effectiveness of these actions in addressing our
national security needs, and I may revisit this
determination, as appropriate.
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 301 of title 3, United
States Code, section 604 of the Trade Act of 1974, as
amended,
[[Page 9822]]
and section 232 of the Trade Expansion Act of 1962, as
amended, do hereby proclaim as follows:
(1) The provisions of Proclamation 9740 with respect to imports of steel
articles from South Korea; Proclamation 9759 with respect to imports of
steel articles from Argentina, Australia, and Brazil; Proclamation 10064
with respect to imports of steel articles from Brazil; Proclamation 9894
with respect to imports of steel articles from Canada and Mexico;
Proclamation 10783 with respect to imports of steel articles from Mexico;
Proclamation 10328 and Proclamation 10691 with respect to imports of steel
articles and derivative steel articles from the EU; Proclamation 10356 with
respect to imports of steel articles and derivative steel articles from
Japan; Proclamation 10406 with respect to imports of steel articles and
derivative steel articles from the United Kingdom; and Proclamation 10403,
Proclamation 10558, and Proclamation 10771 with respect to steel articles
and derivative steel articles from Ukraine shall be ineffective as of 12:01
a.m. eastern time on March 12, 2025. The provisions of clause 1 of
Proclamation 9740 as applicable to imports of steel articles or derivative
steel articles from Argentina, Australia, Brazil, Canada, Mexico, South
Korea, and EU member countries shall be ineffective as of 12:01 a.m.
eastern time on March 12, 2025. The provisions of clause 1 of Proclamation
9980 as applicable to imports of derivative steel articles from Argentina,
Australia, Canada, Mexico, and South Korea shall be ineffective as of 12:01
a.m. eastern time on March 12, 2025. As of 12:01 a.m. eastern time on March
12, 2025, all imports of steel articles and derivative steel articles from
these countries shall be subject to the additional ad valorem tariffs
proclaimed in Proclamation 9705 and Proclamation 9980.
(2) 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 forthcoming annex to this proclamation set out
in a subsequent Federal Register notice 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 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 time on June 1, 2018, from all countries except
Argentina, Australia, Brazil, and South Korea; (iii) on
or after 12:01 a.m. eastern 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 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 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 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 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 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 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 time on June 1, 2022, from all countries except
Argentina, Australia, Brazil, Canada, Mexico, South
Korea, and Ukraine
[[Page 9823]]
through 11:59 p.m. eastern time on June 1, 2023, and
except the member countries of the European Union
through 11:59 p.m. eastern 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 time on
June 1, 2023, from all countries except Argentina,
Australia, Brazil, Canada, Mexico, South Korea, and
Ukraine through 11:59 p.m. eastern time on June 1,
2024, and except the member countries of the European
Union through 11:59 p.m. eastern 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 time on June 1, 2024, (x) on or after 12:01
a.m. eastern time on January 1, 2024, from all
countries except Argentina, Australia, Brazil, Canada,
Mexico, and South Korea, and except for Ukraine in
accordance with the relevant proclamation as amended,
and except the member countries of the European Union
in accordance with the relevant proclamation as
amended, for steel articles covered by headings
9903.80.65 through 9903.81.19, inclusive, and from
Japan and the UK, in accordance the relevant
proclamation as amended, 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 in accordance with the relevant
proclamation as amended, 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 in accordance with the relevant proclamation
as amended, and (xi) from all countries on or after
12:01 a.m. eastern time on March 12, 2025, unless
suspended. 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 time on
August 13, 2018, and prior to 12:01 a.m. eastern time
on May 21, 2019. 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.''
(3) The first two sentences of clause 1 of Proclamation 9980 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 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,
[[Page 9824]]
and South Korea; (ii) on or after 12:01 a.m. eastern 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 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 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; (iv) on or after 12:01 a.m. eastern
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, Mexico, and the UK, 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, South Korea, and the UK, and except from
Ukraine through 11:59 p.m. eastern time on June 1, 2023; (v) on or after
12:01 a.m. eastern time on March 10, 2023, 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, Mexico, the UK, and Russia, 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, South
Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern time
on June 1, 2023; (vi) on or after 12:01 a.m. eastern time on June 1, 2023,
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, Mexico, the UK, and Russia, 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, South Korea, and the UK, and except from
Ukraine om accordance with the relevant proclamation as amended; and (vii)
on or after 12:01 a.m. eastern daylight time on March 12, 2025, unless
suspended, these rates of duty, which are in addition to any other duties,
taxes, fees, exactions, and charges applicable to such imported derivative
steel articles, shall apply to imports of derivative steel articles
described in Annex II to this proclamation from all countries.''
(4) Except as otherwise provided in this proclamation, all imports of
derivative steel articles specified in Annex I to this proclamation or in
any subsequent annex to this proclamation, as set out in a subsequent
notice in the Federal Register, 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, on or after 12:01
a.m.
[[Page 9825]]
eastern daylight time on the Commerce certification date in clause 8. These
rates of duty, which are in addition to any other duties, taxes, fees,
exactions, and charges applicable to such imported derivative steel
articles, shall apply to imports of derivative steel articles described in
Annex I to this proclamation from all countries, but shall not apply to
derivative steel articles processed in another country from steel articles
that were melted and poured in the United States. The Secretary shall
continue to monitor imports of the derivative articles described in Annex I
to this proclamation, and shall, from time to time, in consultation with
the United States Trade Representative, review the status of such imports
with respect to the national security of the United States.
(5) For purposes of implementing the requirements in this proclamation,
importers of steel derivative articles shall provide to U.S. Customs and
Border Patrol within the Department of Homeland Security (CBP) any
information necessary to identify the steel content used in the manufacture
of steel derivative articles imports, covered by this Proclamation. CBP
shall implement the information requirements as soon as practicable.
(6) Within 90 days after the date of this proclamation, the Secretary shall
establish a process for including additional derivative steel articles
within the scope of the ad valorem duties proclaimed in Proclamation 9705,
Proclamation 9980, and clause 4 of this proclamation. In addition to
inclusions made by the Secretary, this process shall provide for including
additional derivative steel articles at the request of a producer of a
steel article or derivative steel article, or an industry association
representing one or more such producers, where the request establishes that
imports of a derivative steel article have increased in a manner that
threatens to impair the national security or otherwise undermine the
objectives set forth in the Secretary's January 11, 2018, report or any
Proclamation issued pursuant thereto. When the Secretary receives such a
request from a domestic producer or industry association, the Secretary
shall issue a determination regarding whether or not to include the
derivative steel article or articles within 60 days of receiving the
request.
(7) The provisions of clause 3 of Proclamation 9705, clause 1 of
Proclamation 9777, clause 2 of Proclamation 9980, or any other provisions
authorizing the Secretary to grant relief for certain products from the
additional ad valorem duties or quantitative restrictions set forth in
prior proclamations are hereby revoked. As of 11:59 p.m. eastern time on
the date of this proclamation, the Secretary shall not consider any product
exclusion requests or renew any product exclusion requests in effect as of
that date. The Secretary shall take all necessary action to rescind the
product exclusion process, including publication in the Federal Register.
Granted product exclusions shall remain effective until their expiration
date or until excluded product volume is imported, whichever occurs first.
The Secretary shall terminate all existing general approved exclusions as
of March 12, 2025.
(8) The modifications made by this proclamation in clause 4 shall be
effective upon public notification by the Secretary of Commerce, that
adequate systems are in place to fully, efficiently, and expediently
process and collect tariff revenue for covered articles.
(9) Any steel article or derivative article, except those eligible for
admission under ``domestic status'' as defined in 19 CFR 146.43, that is
subject to the duty imposed by this proclamation and that is admitted into
a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on
March 12, 2025, must be admitted as ``privileged foreign status'' as
defined in 19 CFR 146.41, and will be subject upon entry for consumption to
any ad valorem rates of duty related to the classification under the
applicable HTSUS subheading. Any steel article or derivative steel article,
except those eligible for admission under ``domestic status'' as defined in
19 CFR 146.43, that is subject to the duty imposed by this proclamation,
and that was admitted into a U.S. foreign trade zone under ``privileged
[[Page 9826]]
foreign status'' as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern
daylight time on March 12, 2025, will likewise be subject upon entry for
consumption to any ad valorem rates of duty related to the classification
under the applicable HTSUS subheading added by this proclamation. Pursuant
to clause 8, the duties on steel derivatives established by clause 4 of
this Proclamation shall be suspended until public notification by the
Secretary of Commerce that adequate systems are in place to fully,
efficiently, and expediently process and collect tariff revenue applicable
to covered articles.
(10) Any product listed in Annex Ito this proclamation or any subsequent
annex published in the Federal Register pursuant to this Proclamation, that
is subject to the additional duties imposed by this proclamation, and that
is admitted into a U.S. foreign trade zone, except any product that is
eligible for admission under ``domestic status'' as defined in 19 CFR
146.43, may only be admitted as ``privileged foreign status,'' as defined
in 19 CFR 146.41, effective as of the date that the additional duties are
imposed.
(11) The Secretary, in consultation with the Commissioner of CBP, Security,
and the heads of other relevant executive departments and agencies, shall
revise the HTSUS so that it conforms to the amendments and effective dates
directed in this proclamation within ten days of March 12, 2025. The
Secretary is authorized and directed to publish any such modification and
future modifications to the HTSUS in the Federal Register.
(12) CBP shall prioritize reviews of the classification of imported steel
articles and derivative steel articles and, in the event that it discovers
misclassification resulting in non-payment of the ad valorem duties
proclaimed herein, it shall assess monetary penalties in the maximum amount
permitted by law and shall not consider any evidence of mitigating factors
in its determination. In addition, CBP shall promptly notify the Secretary
regarding evidence of any efforts to evade payment of the ad valorem duties
proclaimed herein through processing or alteration of steel articles or
derivative steel articles prior to importation. In such circumstances, the
Secretary shall consider the processed or altered steel articles or
derivative steel articles for inclusion as derivative steel articles
pursuant to clause 5 of this proclamation.
(13) No drawback shall be available with respect to the duties imposed
pursuant to this proclamation.
(14) The Secretary may issue regulations and guidance consistent with this
proclamation, including to address operational necessity.
(15) Any provision of a previous proclamation or Executive Order that is
inconsistent with the actions taken in this proclamation is superseded to
the extent of such inconsistency.
[[Page 9827]]
IN WITNESS WHEREOF, I have hereunto set my hand this
tenth day of February, in the year of our Lord two
thousand twenty-five, and of the Independence of the
United States of America the two hundred and forty-
ninth.
(Presidential Sig.)
Billing code 3395-F4-P
[[Page 9828]]
[GRAPHIC] [TIFF OMITTED] TD18FE25.007
[[Page 9829]]
[GRAPHIC] [TIFF OMITTED] TD18FE25.008
[[Page 9830]]
[GRAPHIC] [TIFF OMITTED] TD18FE25.009
[FR Doc. 2025-02833
Filed 2-14-25; 11:15 am]
Billing code 7020-02-C