[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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