[United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9894 of May 19, 2019

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 were 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), were 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.

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3. As stated in the Proclamation dated May 16, 2019 (Adjusting Imports
of Steel Into the United States), the Secretary has now advised me that
the domestic industry's capacity utilization has improved to
approximately the target level recommended in the Secretary's report.
This target level, if maintained for an appropriate period, will improve
the financial viability of the domestic steel industry over the long
term.
4. In Proclamation 9705, 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.
5. The United States has successfully concluded discussions with Canada
and Mexico on satisfactory alternative means to address the threatened
impairment of the national security posed by steel articles imports from
Canada and Mexico. The United States has agreed on a range of measures
with Canada and Mexico to prevent the importation of steel articles that
are unfairly subsidized or sold at dumped prices, to prevent the
transshipment of steel articles, and to monitor for and avoid import
surges. These measures are expected to allow imports of steel articles
from Canada and Mexico to remain stable at historical levels without
meaningful increases, thus permitting the domestic industry's capacity
utilization to continue at approximately the target level recommended in
the Secretary's report. In my judgment, these measures will provide
effective, long-term alternative means to address the contribution of
these countries' imports to the threatened impairment of the national
security.
6. In light of these agreements, I have determined that, under the
framework in the agreements, imports of steel articles from Canada and
Mexico will no longer threaten to impair the national security, and thus
I have decided to exclude Canada and Mexico from the tariff proclaimed
in Proclamation 9705, as amended. The United States will monitor the
implementation and effectiveness of these measures in addressing our
national security needs, and I may revisit this determination as
appropriate.
7. In light of my determination to exclude, on a long-term basis, Canada
and Mexico from the tariff proclaimed in Proclamation 9705, as amended,
I have considered whether it is necessary and appropriate in light of
our national security interests to make any corresponding adjustments to
such tariff as it applies to other countries. I have determined that, in
light of the agreed-upon measures with Canada and Mexico, it is
necessary and appropriate, at this time, to maintain the current tariff
level as it applies to other countries.
8. 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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9. 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) Proclamation 9705, as amended, is further amended by revising
clause 2 to read as follows:
``(2)(a) In order to establish certain modifications to the duty
rate on imports of steel articles, subchapter III of chapter 99 of the
HTSUS is modified as provided in the Annex to this proclamation and any
subsequent proclamations regarding such steel articles.
(b) Except as otherwise provided in this proclamation, or in notices
published pursuant to clause 3 of this proclamation, all steel articles
imports covered by heading 9903.80.01, in subchapter III of chapter 99
of the HTSUS, 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: (i) 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; (ii) on or after 12:01 a.m.
eastern daylight time on June 1, 2018, from all countries except
Argentina, Australia, Brazil, and South Korea; (iii) 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; (iv) on or after
12:01 a.m. eastern daylight time on May 20, 2019, from all countries
except Argentina, Australia, Brazil, Canada, Mexico, South Korea, and
Turkey; and (v) on or after 12:01 a.m. eastern daylight time on May 21,
2019, from all countries except Argentina, Australia, Brazil, Canada,
Mexico, and South Korea. Further, except as otherwise provided in
notices published pursuant to clause 3 of this proclamation, all steel
articles imports from Turkey covered by heading 9903.80.02, in
subchapter III of chapter 99 of the HTSUS, 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, and prior to 12:01
a.m. eastern daylight time on May 21, 2019. All steel articles imports
covered by heading 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 imports of steel articles from
each country as specified in the preceding three sentences.''

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(2) The ``Article description'' for heading 9903.80.01, in
subchapter III of chapter 99 of the HTSUS, is amended by deleting ``of
South Korea, of Brazil, of Turkey'' and inserting ``of Brazil, of
Canada, of Mexico, of South Korea, of Turkey''.
(3) The modifications made by clauses 1 and 2 of 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 May 20, 2019, and shall continue in effect, unless such
actions are expressly reduced, modified, or terminated.
(4) The Proclamation dated May 16, 2019 (Adjusting Imports of Steel
Into the United States), is amended by revising clause 5 to read as
follows: ``The `Article description' for heading 9903.80.01 in
subchapter III of chapter 99 of the HTSUS is amended by replacing `of
South Korea, of Turkey' with `of South Korea'.''.
(5) Any imports of steel articles from Canada and Mexico that were
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 May 20, 2019, shall not be subject upon entry for
consumption made after 12:01 a.m. eastern daylight time on May 20, 2019,
to the additional 25 percent ad valorem rate of duty as imposed by
Proclamation 9705, as amended.
(6) 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 nineteenth day of
May, in the year of our Lord two thousand nineteen, and of the
Independence of the United States of America the two hundred and forty-
third.
DONALD J. TRUMP