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

    Proclamation 9772 of August 10, 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.
    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.
    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 with respect to such imports.
    4. The Secretary has informed me that while capacity utilization in the
    domestic steel industry has improved, it is still below the target
    capacity utilization level the Secretary recommended in his report.
    Although imports of steel articles have declined since the imposition of
    the tariff, I am advised that they are still several percentage points
    greater than the level of imports that would allow domestic capacity
    utilization to reach the target level.
    5. In light of the fact that imports have not declined as much as
    anticipated and capacity utilization has not increased to that target
    level, I have concluded that it is necessary and appropriate in light of
    our national security interests to adjust the tariff imposed by previous
    proclamations.
    6. In the Secretary's January 2018 report, the Secretary recommended
    that I consider applying a higher tariff to a list of specific countries
    should I determine that all countries should not be subject to the same
    tariff. One of the countries on that list was the Republic of Turkey
    (Turkey). As the Secretary explained in that report, Turkey is among the
    major exporters of steel to the United States for domestic consumption.
    To further reduce imports of steel articles and increase domestic
    capacity utilization, I have determined that it is necessary and
    appropriate to impose a 50 percent ad valorem tariff on steel articles
    imported from Turkey, beginning on August 13, 2018. The Secretary has
    advised me that this adjustment will be a significant step toward
    ensuring the viability of the domestic steel industry.

    [[Page 5818]]

    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) In order to establish increases in the duty rate on imports of
    steel articles from Turkey, subchapter III of chapter 99 of the HTSUS is
    modified as provided in the Annex to this proclamation. Clause 2 of
    Proclamation 9705, as amended by clause 1 of Proclamation 9740 of April
    30, 2018 (Adjusting Imports of Steel Into the United States), is further
    amended by striking the last two sentences and inserting in lieu thereof
    the following three 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; (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; and (c) on or after 12:01 a.m. eastern daylight time on
    August 13, 2018, from all countries except Argentina, Australia, Brazil,
    South Korea, and Turkey. Further, except as otherwise provided in
    notices published pursuant to clause 3 of this proclamation, all steel
    articles imports from Turkey specified in the Annex 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. 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 two sentences.'';.
    (2) The text of U.S. note 16(a)(i) to subchapter III of chapter 99
    of the HTSUS is amended by deleting ``Heading 9903.80.01 provides''; and
    inserting the following in lieu thereof: ``Except as provided in U.S.
    note 16(a)(ii), which applies to products of Turkey that are provided
    for in heading 9903.80.02, heading 9903.80.01 provides'';.
    (3) U.S. note 16(a)(ii) to subchapter III of chapter 99 of the HTSUS
    is re-designated as U.S. note 16(a)(iii) to subchapter III of chapter 99
    of the HTSUS.

    [[Page 5819]]

    (4) The following new U.S. note 16(a)(ii) to subchapter III of
    chapter 99 of the HTSUS is inserted in numerical order: ``(ii) Heading
    9903.80.02 provides the ordinary customs duty treatment of iron or steel
    products of Turkey, pursuant to the article description of such heading.
    For any such products that are eligible for special tariff treatment
    under any of the free trade agreements or preference programs listed in
    general note 3(c)(i) to the tariff schedule, the duty provided in this
    heading shall be collected in addition to any special rate of duty
    otherwise applicable under the appropriate tariff subheading, except
    where prohibited by law. Goods for which entry is claimed under a
    provision of chapter 98 and which are subject to the additional duties
    prescribed herein shall be eligible for and subject to the terms of such
    provision and applicable U.S. Customs and Border Protection (``CBP'';)
    regulations, except that duties under subheading 9802.00.60 shall be
    assessed based upon the full value of the imported article. No claim for
    entry or for any duty exemption or reduction shall be allowed for the
    iron or steel products enumerated in subdivision (b) of this note under
    a provision of chapter 99 that may set forth a lower rate of duty or
    provide duty-free treatment, taking into account information supplied by
    CBP, but any additional duty prescribed in any provision of this
    subchapter or subchapter IV of chapter 99 shall be imposed in addition
    to the duty in heading 9903.80.02.'';.
    (5) Paragraphs (b), (c), and (d) of U.S. note 16 to subchapter III
    of chapter 99 of the HTSUS are each amended by replacing ``heading
    9903.80.01''; with ``headings 9903.80.01 and 9903.80.02'';.
    (6) The ``Article description''; for heading 9903.80.01 of the HTSUS
    is amended by replacing ``of Brazil''; with ``of Brazil, of Turkey'';.
    (7) The modifications to the HTSUS made by clauses 2 through 6 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 time
    on August 13, 2018, and shall continue in effect, unless such actions
    are expressly reduced, modified, or terminated.
    (8) The Secretary, in consultation with U.S. Customs and Border
    Protection of the Department of Homeland Security 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.
    (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 tenth 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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