[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

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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

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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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