    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9777 of August 29, 2018

    Adjusting Imports of Steel Into the United States

    By the President of the United States of America

    A Proclamation

    1. On January 11, 2018, the Secretary of Commerce (Secretary)
    transmitted to me a report on his investigation into the effect of
    imports of steel articles on the national security of the United States
    under section 232 of the Trade Expansion Act of 1962, as amended (19
    U.S.C. 1862). The Secretary found and advised me of his opinion that
    steel articles 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. In light of this conclusion, the
    Secretary recommended action to adjust the imports of steel articles so
    that such imports will not threaten to impair the national security. The
    Secretary also recommended that I authorize him, in response to specific
    requests from affected domestic parties, to exclude from any adopted
    import restrictions those steel articles for which the Secretary
    determines there is a lack of sufficient domestic production capacity of
    comparable products, or to exclude steel articles from such restrictions
    for specific national security-based considerations.
    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 these steel articles by imposing a 25 percent ad valorem
    tariff on such articles imported from most countries. I further
    authorized the Secretary to provide relief from these additional duties
    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 and also to provide such relief based on specific national
    security considerations.
    3. Consistent with the Secretary's recommendation that I authorize him
    to exclude from any adopted import restrictions those steel articles for
    which the Secretary determines there is a lack of sufficient domestic
    production of comparable products, or for specific national security-
    based considerations, I have determined to authorize the Secretary to
    provide relief from quantitative limitations on steel articles adopted
    pursuant to section 232 of the Trade Expansion Act of 1962, as amended,
    including those set forth in Proclamation 9740 of April 30, 2018
    (Adjusting Imports of Steel Into the United States), and Proclamation
    9759 of May 31, 2018 (Adjusting Imports of Steel Into the United
    States), on the same basis as the Secretary is currently authorized to
    provide relief from the duty established in clause 2 of Proclamation
    9705.
    4. In addition, I have been informed that the quantitative limitations
    set forth in Proclamation 9740 and Proclamation 9759 have in some cases
    already filled for this year, and that projects in the United States
    employing thousands of workers may be significantly disrupted or de

    [[Page 5830]]

    layed because imports of specific steel articles, which were contracted
    for purchase prior to my decision to adjust imports of these articles,
    cannot presently be entered into the United States because the
    quantitative limits have already been reached. In light of these
    circumstances, and after considering the impact on the economy and the
    national security objectives of section 232 of the Trade Expansion Act
    of 1962, as amended, I have determined to direct the Secretary to
    provide relief from the quantitative limitations set forth in
    Proclamation 9740 and Proclamation 9759 in limited circumstances.
    5. In light of my determinations, I have considered whether it is
    necessary and appropriate in light of our national security interests to
    make any corresponding adjustments to the tariff or quotas imposed by
    previous proclamations. It is my judgment that it is necessary and
    appropriate, at this time, to maintain the current tariff and quota
    levels. As directed in Proclamation 9705, the Secretary shall continue
    to monitor imports of steel articles and inform me of any circumstances
    that, in his opinion, might indicate the need for further action under
    section 232 of the Trade Expansion Act of 1962, as amended.
    6. The United States continues to hold discussions with countries on
    satisfactory alternative means to address the threatened impairment to
    our national security posed by steel articles imports. Should these
    discussions result in an agreement concerning such alternative means, I
    will take further action as appropriate.
    7. 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.
    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, DONALD J. TRUMP, President of the United States of
    America, by the authority vested in me by the Constitution and the laws
    of the United States of America, including section 232 of the Trade
    Expansion Act of 1962, as amended, section 301 of title 3, United States
    Code, and section 604 of the Trade Act of 1974, as amended, do hereby
    proclaim as follows:
    (1) The Secretary, in consultation with the Secretary of State, the
    Secretary of the Treasury, the Secretary of Defense, the United States
    Trade Representative (USTR), the Assistant to the President for National
    Security Affairs, the Assistant to the President for Economic Policy,
    and such other senior Executive Branch officials as the Secretary deems
    appropriate, is hereby authorized to provide relief from the
    quantitative limitations applicable to steel articles described in
    subheadings 9903.80.05 through 9903.80.58 of subchapter III of chapter
    99 of the HTSUS 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, and is also authorized to provide such relief
    based upon specific national security considerations. Such relief shall
    be provided for a steel article only after a request for relief is made
    by

    [[Page 5831]]

    a directly affected party located in the United States. Such relief may
    be provided to directly affected parties on a party-by-party basis
    taking into account the regional availability of particular articles,
    the ability to transport articles within the United States, and any
    other factors as the Secretary deems appropriate. If the Secretary
    determines that relief should be granted to a requesting party for the
    importation of a particular steel article, the Secretary shall publicly
    post such determination and notify U.S. Customs and Border Protection
    (CBP) of the Department of Homeland Security concerning such article so
    that it will be excluded from the applicable quantitative limitation.
    Relief granted under this clause shall apply only to an article entered
    for consumption, or withdrawn from warehouse for consumption, on or
    after the date on which the request for relief is granted by the
    Secretary. Until such time as any applicable quantitative limitation for
    a particular article has been reached, CBP shall count any steel article
    for which relief is granted under this clause toward such quantitative
    limitation at the time when such steel article is entered for
    consumption or withdrawn from warehouse for consumption. Any steel
    article for which relief is granted under this clause shall not be
    subject to the additional rate of duty set forth in Proclamation 9705,
    as amended. Steel articles for which relief is granted under this clause
    shall be subject to the duty treatment provided in subheading 9903.80.60
    of subchapter III of chapter 99 of the HTSUS, as established by the
    Annex to this proclamation.
    (2) The Secretary shall, on an expedited basis, grant relief from
    the quantitative limitations set forth in Proclamation 9740 and
    Proclamation 9759 and their accompanying annexes for any steel article
    where (i) the party requesting relief entered into a written contract
    for production and shipment of such steel article before March 8, 2018;
    (ii) such contract specifies the quantity of such steel article that is
    to be produced and shipped to the United States consistent with a
    schedule contained in such contract; (iii) such steel article is to be
    used to construct a facility in the United States and such steel article
    cannot be procured from a supplier in the United States to meet the
    delivery schedule and specifications contained in such contract; (iv)
    the payments made pursuant to such contract constitute 10 percent or
    less of the cost of the facility under construction; and (v) lack of
    relief from the quantitative limitations on such steel article would
    significantly disrupt or delay completion of the facility being
    constructed in the United States with the steel article specified in
    such contract. Until such time as any applicable quantitative limitation
    for a particular article has been reached, CBP shall count any steel
    article for which relief is granted under this clause toward such
    quantitative limitation at the time when such steel article is entered
    for consumption or withdrawn from warehouse for consumption. Any steel
    article for which relief is granted under this clause shall be subject
    to the additional rate of duty set forth in clause 2 of Proclamation
    9705, as amended by this proclamation, when such steel article is
    entered for consumption or withdrawn from warehouse for consumption.
    This rate of duty is in addition to any other duties, fees, exactions,
    and charges applicable to such steel article. Any steel article provided
    relief under this clause must be entered for consumption, or withdrawn
    from warehouse for consumption, on or before March 31, 2019, and may not
    be granted further relief by the Secretary under clause 3 of
    Proclamation 9705, as amended. Steel articles for which relief is
    granted under this clause shall be subject to the duty treatment
    provided in subheading 9903.80.61 of sub

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    chapter III of chapter 99 of the HTSUS, as established by the Annex to
    this proclamation.
    (3) The Secretary shall grant relief under clause 2 of this
    proclamation only upon receipt of a sworn statement signed by the chief
    executive officer and the chief legal officer of the party requesting
    relief. Such statement shall attest that (i) the steel article for which
    relief is sought and the associated contract meet all of the criteria
    for relief set forth in clause 2 of this proclamation; (ii) the party
    requesting relief will accurately report to CBP, in the manner that CBP
    prescribes, the quantity of steel articles entered for consumption, or
    withdrawn from warehouse for consumption, pursuant to any grant of
    relief; and (iii) the quantity of steel articles entered pursuant to a
    grant of relief will not exceed the quantity specified in such contract
    for delivery on or before March 31, 2019. Upon granting relief under
    clause 2 of this proclamation, the Secretary shall notify CBP and
    publish a notice of relief for the quantity of steel articles specified
    in such contract that are scheduled for delivery on or before March 31,
    2019. The Secretary shall revoke any grant of relief under clause 2 of
    this proclamation if the Secretary determines at any time after such
    grant that the criteria for relief have not been met and may, if the
    Secretary deems it appropriate, notify the Attorney General of the facts
    that led to such revocation.
    (4) As soon as practicable, the Secretary shall issue procedures for
    the requests for exclusion described in clause 1 of this proclamation.
    The issuance of such procedures is exempt from Executive Order 13771 of
    January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).
    CBP shall implement exclusions granted pursuant to clause 1 or relief
    provided under clause 2 of this proclamation as soon as practicable.
    (5) Clause 3 of Proclamation 9705, as amended by Proclamation 9711,
    is further amended by striking the fourth and fifth sentences and
    inserting in lieu thereof the following two sentences: ``If the
    Secretary determines that a particular steel article should be excluded,
    the Secretary shall publicly post such determination and notify U.S.
    Customs and Border Protection (CBP) of the Department of Homeland
    Security concerning such article so that it will be excluded from the
    duties described in clause 2 of this proclamation. For merchandise
    entered for consumption, or withdrawn from warehouse for consumption, on
    or after the date the duty established under this proclamation is
    effective and with respect to which liquidation is not final, such
    relief shall be retroactive to the date the request for relief was
    accepted by the Department of Commerce.'';.
    (6) In order to establish the duty rate on imports of steel articles
    for which relief is granted under clause 2 of this proclamation, clause
    2 of Proclamation 9705, as amended, is further amended by striking the
    last sentence and inserting in lieu thereof the following two sentences:
    ``All steel articles imports covered by subheading 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 daylight time on the
    date specified in a determination by the Secretary granting relief.
    These rates of duty, which are in addition to any other duties, fees,
    exactions, and charges applicable to such imported steel articles, shall
    apply to

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    imports of steel articles from each country as specified in the
    preceding three sentences.'';.
    (7) Where the government of a country identified in the superior
    text to subheadings 9903.80.05 through 9903.80.58 of subchapter III of
    chapter 99 of the HTSUS notifies the United States that it has
    established a mechanism for the certification of exports to the United
    States of products covered by the quantitative limitations applicable to
    these subheadings, and where such mechanism meets the operational
    requirements for participation in an export certification system
    administered by the United States, CBP, in consultation with the
    Secretary, USTR, and other relevant executive departments and agencies,
    may require that importers of these products furnish relevant export
    certification information in order to qualify for the treatment set
    forth in subheadings 9903.80.05 through 9903.80.58. Where CBP adopts
    such a requirement, it shall publish in the Federal Register notice of
    the requirement and procedures for the submission of relevant export
    certification information. No article that is subject to the export
    certification requirement announced in such notice may be entered for
    consumption, or withdrawn from warehouse for consumption, on or after
    the effective date specified in such notice, except upon presentation of
    a valid and properly executed certification, in accordance with the
    procedures set forth in the notice.
    (8) Subdivision (c) of U.S. note 16 to subchapter III of chapter 99
    of the HTSUS is amended by inserting at the end the following new
    sentence: ``Pursuant to subheadings 9903.80.60 and 9903.80.61 and
    superior text thereto, the Secretary may provide that any excluded
    product shall be granted entry into the customs territory of the United
    States when the applicable quantitative limitation has filled for the
    specified period for such good.'';.
    (9) Subdivision (d) of U.S. note 16 to subchapter III of chapter 99
    of the HTSUS is amended by inserting after ``9903.80.58''; the phrase
    ``and 9903.80.60 and 9903.80.61'';.
    (10) The rate of duty specified in the HTSUS in the general column
    for heading 9903.80.01 is amended by striking ``25%''; and inserting in
    lieu thereof: ``The duty provided in the applicable subheading + 25%'';.
    (11) The rate of duty specified in the HTSUS in the general column
    for heading 9903.80.02 is amended by striking ``50%''; and inserting in
    lieu thereof: ``The duty provided in the applicable subheading + 50%'';.
    (12) The superior text for subheadings 9903.80.05 through 9903.80.58
    of the HTSUS is amended by deleting ``Iron''; and inserting in lieu
    thereof: ``Except as provided in subheadings 9903.80.60 and 9903.80.61,
    iron'';.
    (13) To implement clauses 1 and 2 of this proclamation, subchapter
    III of chapter 99 of the HTSUS is modified as provided in the Annex to
    this proclamation.
    (14) The modifications to the HTSUS made by clauses 8 through 13 of
    this proclamation and the Annex to this proclamation shall be effective
    with respect to goods entered for consumption, or withdrawn from
    warehouse for consumption, on or after 12:01 a.m. eastern daylight

    [[Page 5834]]

    time on August 30, 2018, and shall continue in effect, unless such
    actions are expressly reduced, modified, or terminated.
    (15) Clause 5 of Proclamation 9705 is amended by inserting ``for
    consumption''; after ``goods entered''; in the first sentence. Clause 5
    of Proclamation 9711, as amended, is amended by striking ``by this
    proclamation''; from the end of the second sentence. Clause 6 of
    Proclamation 9740 is amended by striking ``by clause 1 of this
    proclamation'';.
    (16) The Secretary, in consultation with CBP and other relevant
    executive departments and agencies, shall revise the HTSUS so that it
    conforms to the amendments directed by this proclamation. The Secretary
    shall publish any such modification to the HTSUS in the Federal
    Register.
    (17) 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-ninth day of
    August, in the year of our Lord two thousand eighteen, and of the
    Independence of the United States of America the two hundred and forty-
    third.
    DONALD J. TRUMP

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