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

    Proclamation 9711 of March 22, 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 mill 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).
    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 mill 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, and decided to adjust the
    imports of steel mill articles, as defined in clause 1 of Proclamation
    9705, as amended by clause 8 of this proclamation (steel articles), by
    imposing a 25 percent ad valorem tariff on such articles imported from
    all countries except Canada and Mexico.
    3. In proclaiming this tariff, I recognized that our Nation has
    important security relationships with some countries whose exports of
    steel articles to the United States weaken our internal economy and
    thereby threaten to impair the national security. I also recognized our
    shared concern about global excess capacity, a circumstance that is
    contributing to the threatened impairment of the national security. I
    further determined 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 I determine
    that imports from that country no longer threaten to impair the national
    security, I may remove or modify the restriction on steel articles
    imports

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    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.
    4. The United States is continuing discussions with Canada and Mexico,
    as well as the following countries, on satisfactory alternative means to
    address the threatened impairment to the national security by imports of
    steel articles from those countries: the Commonwealth of Australia
    (Australia), the Argentine Republic (Argentina), the Republic of Korea
    (South Korea), the Federative Republic of Brazil (Brazil), and the
    European Union (EU) on behalf of its member countries. Each of these
    countries has an important security relationship with the United States
    and I have determined that the necessary and appropriate means to
    address the threat to the national security posed by imports from steel
    articles from these countries is to continue these discussions and to
    exempt steel articles imports from these countries from the tariff, at
    least at this time. Any country not listed in this proclamation with
    which we have a security relationship remains welcome to discuss with
    the United States alternative ways to address the threatened impairment
    of the national security caused by imports of steel articles from that
    country.
    5. The United States has an important security relationship with
    Australia, including our shared commitment to supporting each other in
    addressing national security concerns, particularly through our
    security, defense, and intelligence partnership; the strong economic and
    strategic partnership between our countries; our shared commitment to
    addressing global excess capacity in steel production; and the
    integration of Australian persons and organizations into the national
    technology and industrial base of the United States.
    6. The United States has an important security relationship with
    Argentina, including our shared commitment to supporting each other in
    addressing national security concerns in Latin America, particularly the
    threat posed by instability in Venezuela; our shared commitment to
    addressing global excess capacity in steel production; the reciprocal
    investment in our respective industrial bases; and the strong economic
    integration between our countries.
    7. The United States has an important security relationship with South
    Korea, including our shared commitment to eliminating the North Korean
    nuclear threat; our decades-old military alliance; our shared commitment
    to addressing global excess capacity in steel production; and our strong
    economic and strategic partnership.
    8. The United States has an important security relationship with Brazil,
    including our shared commitment to supporting each other in addressing
    national security concerns in Latin America; our shared commitment to
    addressing global excess capacity in steel production; the reciprocal
    investment in our respective industrial bases; and the strong economic
    integration between our countries.
    9. The United States has an important security relationship with the EU
    and its constituent member countries, including our shared commitment to
    supporting each other in national security concerns; the strong economic
    and strategic partnership between the United States and the EU, and
    between the United States and EU member countries; and our shared
    commitment to addressing global excess capacity in steel production.

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    10. In light of the foregoing, I have determined that the necessary and
    appropriate means to address the threat to the national security posed
    by imports of steel articles from these countries is to continue ongoing
    discussions and to increase strategic partnerships, including those with
    respect to reducing global excess capacity in steel production by
    addressing its root causes. In my judgment, discussions regarding
    measures to reduce excess steel production and excess steel capacity,
    measures that will increase domestic capacity utilization, and other
    satisfactory alternative means will be most productive if the tariff
    proclaimed in Proclamation 9705 on steel articles imports from these
    countries is removed at this time.
    11. However, the tariff imposed by Proclamation 9705 remains an
    important first step in ensuring the economic viability of our domestic
    steel industry and removing the threatened impairment of the national
    security. Without this tariff and the adoption of satisfactory
    alternative means addressing long-term solutions in ongoing discussions
    with the countries listed as excepted in clause 1 of this proclamation,
    the industry will continue to decline, leaving the United States at risk
    of becoming reliant on foreign producers of steel to meet our national
    security needs--a situation that is fundamentally inconsistent with the
    safety and security of the American people. As a result, unless I
    determine 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 a particular
    country listed as excepted in clause 1 of this proclamation, the tariff
    set forth in clause 2 of Proclamation 9705 shall be effective May 1,
    2018, for the countries listed as excepted in clause 1 of this
    proclamation. In the event that a satisfactory alternative means is
    reached such that I decide to exclude on a long-term basis a particular
    country from the tariff proclaimed in Proclamation 9705, I will also
    consider whether it is necessary and appropriate in light of our
    national security interests to make any corresponding adjustments to the
    tariff set forth in clause 2 of Proclamation 9705 as it applies to other
    countries. Because the current tariff exemptions are temporary, however,
    I have determined that it is necessary and appropriate to maintain the
    current tariff level at this time.
    12. In the meantime, to prevent transshipment, excess production, or
    other actions that would lead to increased exports of steel articles to
    the United States, the United States Trade Representative, in
    consultation with the Secretary and the Assistant to the President for
    Economic Policy, shall advise me on the appropriate means to ensure that
    imports from countries exempt from the tariff imposed in Proclamation
    9705 do not undermine the national security objectives of such tariff.
    If necessary and appropriate, I will consider directing U.S. Customs and
    Border Protection (CBP) of the Department of Homeland Security to
    implement a quota as soon as practicable, and will take into account all
    steel articles imports since January 1, 2018, in setting the amount of
    such quota.
    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.

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    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, 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) Imports of all steel articles, as defined in clause 1 of
    Proclamation 9705, as amended by clause 8 of this proclamation, from the
    countries listed in this clause shall be exempt from the duty
    established in clause 2 of Proclamation 9705 until 12:01 a.m. eastern
    daylight time on May 1, 2018. Further, clause 2 of Proclamation 9705 is
    amended by striking the last two sentences and inserting the following
    two sentences: ``Except as otherwise provided in this proclamation, or
    in notices published pursuant to clause 3 of this proclamation, all
    steel articles imports specified in the Annex shall be subject to an
    additional 25 percent ad valorem rate of duty with respect to goods
    entered, or withdrawn from warehouse for consumption, as follows: (a) on
    or after 12:01 a.m. eastern daylight time on March 23, 2018, from all
    countries except Canada, Mexico, Australia, Argentina, South Korea,
    Brazil, and the member countries of the European Union, and (b) on or
    after 12:01 a.m. eastern daylight time on May 1, 2018, from all
    countries. This rate of duty, which is 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 sentence.'';.
    (2) Paragraph (a) of U.S. note 16, added to subchapter III of
    chapter 99 of the HTSUS by the Annex to Proclamation 9705, is amended by
    replacing ``Canada and of Mexico''; with ``Canada, of Mexico, of
    Australia, of Argentina, of South Korea, of Brazil, and of the member
    countries of the European Union'';.
    (3) The ``Article description''; for heading 9903.80.01 of the HTSUS
    is amended by replacing ``Canada or of Mexico''; with ``Canada, of
    Mexico, of Australia, of Argentina, of South Korea, of Brazil, or of the
    member countries of the European Union'';.
    (4) The exemption afforded to steel articles from Canada, Mexico,
    Australia, Argentina, South Korea, Brazil, and the member countries of
    the EU shall apply only to steel articles of such countries entered, or
    withdrawn from warehouse for consumption, through the close of April 30,
    2018, at which time Canada, Mexico, Australia, Argentina, South Korea,
    Brazil, and the member countries of the EU shall be deleted from
    paragraph (a) of U.S. note 16 to subchapter III of chapter 99 of the
    HTSUS and from the article description of heading 9903.80.01 of the
    HTSUS.
    (5) Any steel article that is admitted into a U.S. foreign trade
    zone on or after 12:01 a.m. eastern daylight time on March 23, 2018, may
    only be admitted as ``privileged foreign status''; as defined in 19 CFR
    146.41, and will be subject upon entry for consumption to any ad valo

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    rem rates of duty related to the classification under the applicable
    HTSUS subheading. Any steel article that was 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 March 23, 2018,
    will likewise be subject upon entry for consumption to any ad valorem
    rates of duty related to the classification under applicable HTSUS
    subheadings imposed by Proclamation 9705, as amended by this
    proclamation.
    (6) Clause 3 of Proclamation 9705 is amended by inserting a new
    third sentence reading as follows: ``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.'';.
    (7) Clause 3 of Proclamation 9705, as amended by clause 6 of this
    proclamation, is further amended by inserting a new fifth sentence as
    follows: ``For merchandise entered on or after the date the directly
    affected party submitted a request for exclusion, such relief shall be
    retroactive to the date the request for exclusion was posted for public
    comment.'';.
    (8) The reference to ``7304.10''; in clause 1 of Proclamation 9705,
    is amended to read ``7304.11'';.
    (9) The Secretary, in consultation with CBP and other relevant
    executive departments and agencies, shall revise the HTSUS so that it
    conforms to the amendments and effective dates directed in this
    proclamation. The Secretary shall publish any such modification to the
    HTSUS in the Federal Register.
    (10) 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-second day
    of March, in the year of our Lord two thousand eighteen, and of the
    Independence of the United States of America the two hundred and forty-
    second.
    DONALD J. TRUMP