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

    Proclamation 9740 of April 30, 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 Proclamation 9711 of March 22, 2018
    (Adjusting Imports of Steel Into the United States) (steel articles), by
    imposing a 25 percent ad valorem tariff on such articles imported from
    all countries except Canada and Mexico. I further stated that any
    country with which we have a security relationship is welcome to discuss
    with the United States alternative ways to address the threatened
    impairment of the national security caused by imports from that country,
    and noted that, should the United States and any such country arrive at
    a satisfactory alternative means to address the threat to the national
    security such that 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 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, I noted the continuing discussions with the
    Argentine Republic (Argentina), the Commonwealth of Australia
    (Australia), the Federative Republic of Brazil (Brazil), Canada, Mexico,
    the Republic of Korea (South Korea), and 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 those countries. Recognizing that each of these
    countries and the EU has an important security relationship with the
    United States, I determined that the necessary and appropriate means to
    address the threat to 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. The United States has successfully concluded discussions with South
    Korea on satisfactory alternative means to address the threatened
    impairment to our national security posed by steel articles imports from
    South Korea. The United States and South Korea have agreed on a range of
    measures, including measures to reduce excess steel production and
    excess steel capacity, and measures that will contribute to increased
    capacity utilization in the United States, including a quota that
    restricts the quantity of steel articles imported into the United States
    from South Korea. In my judgment, these measures will provide an ef

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    fective, long-term alternative means to address South Korea's
    contribution to the threatened impairment to our national security by
    restraining steel articles exports to the United States from South
    Korea, limiting transshipment, and discouraging excess capacity and
    excess steel production. In light of this agreement, I have determined
    that steel articles imports from South Korea will no longer threaten to
    impair the national security and have decided to exclude South Korea
    from the tariff proclaimed in Proclamation 9705. The United States will
    monitor the implementation and effectiveness of the quota and other
    measures agreed upon with South Korea in addressing our national
    security needs, and I may revisit this determination, as appropriate.
    5. The United States has agreed in principle with Argentina, Australia,
    and Brazil on satisfactory alternative means to address the threatened
    impairment to our national security posed by steel articles imported
    from these countries. I have determined that the necessary and
    appropriate means to address the threat to national security posed by
    imports of steel articles from Argentina, Australia, and Brazil is to
    extend the temporary exemption of these countries from the tariff
    proclaimed in Proclamation 9705, in order to finalize the details of
    these satisfactory alternative means to address the threatened
    impairment to our national security posed by steel articles imported
    from these countries. In my judgment, and for the reasons I stated in
    paragraph 10 of Proclamation 9711, these discussions will be most
    productive if steel articles from Argentina, Australia, and Brazil
    remain exempt from the tariff proclaimed in Proclamation 9705, until the
    details can be finalized and implemented by proclamation. Because the
    United States has agreed in principle with these countries, in my
    judgment, it is unnecessary to set an expiration date for the
    exemptions. Nevertheless, if the satisfactory alternative means are not
    finalized shortly, I will consider re-imposing the tariff.
    6. The United States is continuing discussions with Canada, Mexico, and
    the EU. 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 these discussions and to
    extend the temporary exemption of these countries from the tariff
    proclaimed in Proclamation 9705, at least at this time. In my judgment,
    and for the reasons I stated in paragraph 10 of Proclamation 9711, these
    discussions will be most productive if steel articles from these
    countries remain exempt from the tariff proclaimed in Proclamation 9705.
    7. For the reasons I stated in paragraph 11 of Proclamation 9711,
    however, the tariff imposed by Proclamation 9705 remains an important
    first step in ensuring the economic stability of our domestic steel
    industry and removing the threatened impairment of the national
    security. 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 Canada, Mexico, and the member countries of the EU, the
    tariff set forth in clause 2 of Proclamation 9705 shall be effective
    June 1, 2018, for these countries.
    8. In light of my determination to exclude, on a long-term basis, South
    Korea from the tariff proclaimed in Proclamation 9705, I have considered
    whether it is necessary and appropriate in light of our national
    security interests to make any corresponding adjustments to the tariff

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    set forth in clause 2 of Proclamation 9705 as it applies to other
    countries. I have determined that, in light of the agreed-upon quota and
    other measures with South Korea, the measures being finalized with
    Argentina, Australia, and Brazil, and the ongoing discussions that may
    result in further long-term exclusions from the tariff proclaimed in
    Proclamation 9705, it is necessary and appropriate, at this time, to
    maintain the current tariff level as it applies to other countries.
    9. 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.
    10. 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 from Argentina, Australia, Brazil,
    and South Korea shall be exempt from the duty established in clause 2 of
    Proclamation 9705, as amended by clause 1 of Proclamation 9711. Imports
    of all steel articles from Canada, Mexico, and the member countries of
    the EU shall be exempt from the duty established in clause 2 of
    Proclamation 9705 until 12:01 a.m. eastern daylight time on June 1,
    2018. Further, clause 2 of Proclamation 9705, as amended by clause 1 of
    Proclamation 9711, is also amended by striking the last two sentences
    and inserting in lieu thereof 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 for consumption, 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 Argentina, Australia, Brazil, Canada, Mexico, South Korea, and
    the member countries of the European Union, and (b) on or after 12:01
    a.m. eastern daylight time on June 1, 2018, from all countries except
    Argentina, Australia, Brazil, and South Korea. 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) In order to provide the quota treatment referred to in paragraph
    4 of this proclamation to steel articles imports from South Korea, U.S.
    Note 16 of subchapter III of chapter 99 of the HTSUS is amended as
    provided for in Part A of the Annex to this proclamation. U.S. Customs
    and Border Protection (CBP) of the Department of Homeland Security

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    shall implement this quota as soon as practicable, taking into account
    all steel articles imports from South Korea since January 1, 2018.
    (3) The exemption afforded to steel articles from Canada, Mexico,
    and the member countries of the EU shall apply only to steel articles of
    such countries entered for consumption, or withdrawn from warehouse for
    consumption, through the close of May 31, 2018, at which time such
    countries shall be deleted from the article description of heading
    9903.80.01 of the HTSUS.
    (4) Clause 5 of Proclamation 9711 is amended by inserting the phrase
    ``, except those eligible for admission under ``domestic status''; as
    defined in 19 CFR 146.43, which is subject to the duty imposed pursuant
    to Proclamation 9705, as amended by Proclamation 9711,''; after the
    words ``Any steel article''; in the first and second sentences.
    (5) Steel articles shall not be subject upon entry for consumption
    to the duty established in clause 2 of Proclamation 9705, as amended by
    clause 1 of this proclamation, merely by reason of manufacture in a U.S.
    foreign trade zone. However, steel articles admitted to a U.S. foreign
    trade zone in ``privileged foreign status''; pursuant to clause 5 of
    Proclamation 9711, as amended by clause 4 of this proclamation, shall
    retain that status consistent with 19 CFR 146.41(e).
    (6) No drawback shall be available with respect to the duties
    imposed on any steel article pursuant to Proclamation 9705, as amended
    by clause 1 of this proclamation.
    (7) 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.
    (8) 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 thirtieth day of
    April, 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

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