    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 10064 of August 28, 2020
    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 (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.
    3. 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 article 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.
    4. In Proclamation 9740 of April 30, 2018 (Adjusting Imports of Steel
    Into the United States), I noted that the United States had agreed in
    principle with the Federative Republic of Brazil (Brazil) on
    satisfactory alternative means to address the threatened impairment to
    our national security posed by steel articles imported from Brazil. In
    Proclamation 9759 of May 31, 2018 (Adjusting Imports of Steel Into the
    United States), I noted that the United States had agreed on measures
    with Brazil that would provide effective, long-term alternative means to
    ad-

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    dress Brazil's contribution to the threatened impairment to our national
    security. These included quantitative limitations that restrict the
    volume of steel articles imported into the United States from Brazil. In
    light of these agreed-upon measures, I determined that steel article
    imports from Brazil would no longer threaten to impair the national
    security and decided to exclude Brazil from the tariff proclaimed in
    Proclamation 9705, as amended. I further noted that the United States
    would monitor the implementation and effectiveness of those measures to
    address our national security needs.
    5. In Proclamation 9759, I also directed the Secretary to monitor
    implementation of quantitative limitations applicable to steel article
    imports from Brazil and inform me of any circumstance that in the
    Secretary's opinion might indicate that an adjustment of the
    quantitative limitations is necessary.
    6. The Secretary has advised me that there have been significant changes
    in the United States steel market since the time I decided to exclude,
    on a long-term basis, Brazil from the tariff proclaimed in Proclamation
    9705, as amended. The United States steel market has contracted in 2020.
    After increasing in 2018 and 2019, steel shipments by domestic producers
    through June of this year are approximately 15 percent lower than
    shipments for the same time period in 2019, with shipments in April and
    May of this year more than 30 percent lower than the shipments in the
    same months in 2019. The Secretary has further advised me that domestic
    producers' adjusted year-to-date capacity utilization rate through
    August 15, 2020, is below 70 percent and that the current rate has been
    near or below 60 percent since the second week of April. Brazil is also
    the second largest source of steel imports to the United States and the
    largest source of imports of semi-finished steel products. Moreover,
    imports from most countries have declined this year in a manner
    commensurate with this contraction, whereas imports from Brazil have
    decreased only slightly.
    7. In light of these significantly changed market conditions, I have
    determined that the alternative measures regarding Brazilian steel
    imports, without any modifications, will be ineffective in eliminating
    the threat to the national security posed by imports of such articles,
    in the current environment. The United States and Brazil have held
    consultations regarding Brazil's steel exports to the United States. As
    a result of these discussions, the United States will lower, for the
    remainder of 2020, one of the quantitative limitations set forth in
    Proclamation 9759 applicable to certain steel articles imported from
    Brazil. In my judgment, this modification will preserve the
    effectiveness of the alternative means to address the threatened
    impairment to our national security by further restraining steel article
    exports to the United States from Brazil during this period of market
    contraction. In light of this modification, I have determined that steel
    article imports from Brazil will not threaten to impair the national
    security and thus have decided to continue to exclude Brazil from the
    tariff proclaimed in Proclamation 9705, as amended. The United States
    and Brazil will hold further consultations in December 2020 to discuss
    the state of the steel trade between the two countries in light of then-
    prevailing market conditions.
    8. I have been informed that a reduction in this quantitative limitation
    set forth in Proclamation 9759 applicable to certain steel article
    imports from Brazil may delay or disrupt specific production activities
    in

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    the United States for which imports of the steel articles covered by the
    quantitative limitation have already been contracted for delivery in the
    fourth quarter of this year. 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 limitation set forth in this proclamation in
    certain limited circumstances specified in more detail below, in
    addition to the relief from the quantitative limitations that the
    Secretary is already authorized to provide pursuant to clause 1 of
    Proclamation 9777 of August 29, 2018 (Adjusting Imports of Steel Into
    the United States).
    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 of the United States.
    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) For purposes of administering the quantitative limitation
    applicable to subheading 9903.80.57 of subchapter III of chapter 99 of
    the HTSUS for Brazil, the annual aggregate limit for Brazil set out in
    the Annex to this proclamation shall apply for calendar year 2020. This
    aggregate limit, which shall take into account all steel article imports
    from Brazil covered by this subheading since January 1, 2020, shall be
    effective for steel articles entered for consumption, or withdrawn from
    warehouse for consumption, under this subheading, between August 28,
    2020 and December 31, 2020. For calendar year 2021 and for subsequent
    years, the annual aggregate limit for Brazil shall revert to the
    aggregate limit for Brazil set forth in the Annex to Proclamation 9759,
    unless that limit is further modified or terminated.
    (2) The Secretary shall, on an expedited basis, grant relief from
    the quantitative limitation applicable to subheading 9903.80.57 of
    subchapter III of chapter 99 of the HTSUS for Brazil, as set out in the
    Annex to this proclamation, for any steel article where (i) the party
    requesting relief entered into a contract or other written agreement for
    the production and shipment of such steel article before August 28,
    2020; (ii) such agreement specifies the quantity of such steel article
    that is to be produced and shipped to the United States prior to
    December 31, 2020; (iii) such steel article is to be used in production
    activities in the United States and such steel article cannot be
    procured from another supplier to meet the delivery schedule and
    specifications contained in such agreement; and (iv) lack of relief from
    the quantitative limitation on such steel article would significantly
    disrupt the

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    production activity in the United States for which the steel article
    specified in such agreement is intended. The volume of imports for which
    the Secretary grants relief under this clause shall not exceed
    60,000,000 kilograms in the aggregate.
    (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, attesting that (i) the steel article for which relief is sought
    and the associated contract or other written agreement meet the criteria
    for relief set forth in clause 2(i) through (iv) of this proclamation;
    (ii) the party requesting relief will accurately report to U.S. Customs
    and Border Protection (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 for which the Secretary has granted relief.
    The Secretary shall notify CBP of any grant of relief made pursuant to
    this proclamation. 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 relief described in clauses 2 and 3 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 relief provided under clause 2 of
    this proclamation as soon as practicable.
    (5) Until such time as the applicable quantitative limitation
    provided in subheading 9903.80.57 of subchapter III of chapter 99 of the
    HTSUS for Brazil has been reached, CBP shall count any steel article for
    which relief is granted under clause 2 of this proclamation 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 clause 2 of this proclamation
    must be entered for consumption, or withdrawn from warehouse for
    consumption, on or before December 31, 2020, and, before January 1,
    2021, further relief may not be granted for such article by the
    Secretary under clause 1 of Proclamation 9777. Steel articles for which
    relief is granted under clause 2 of this proclamation shall be subject
    to the duty treatment provided in subheading 9903.80.62 of subchapter
    III of chapter 99 of the HTSUS for Brazil, as established by the Annex
    to this proclamation.
    (6) Subdivision (a)(iii) of U.S. note 16 to subchapter III of
    chapter 99 of the HTSUS is amended by striking ``9903.80.61''; and
    inserting in its place ``9903.80.62'';.
    (7) Subdivision (c) of U.S. note 16 to subchapter III of chapter 99
    of the HTSUS is amended by striking, in the last sentence, ``and
    9903.80.61''; and inserting in its place: ``, 9903.80.61, and
    9903.80.62'';.
    (8) Subdivision (d) of U.S. note 16 to subchapter III of chapter 99
    of the HTSUS is amended by striking, in the first sentence, ``and
    9903.80.61''; and inserting in its place: ``through 9903.80.62'';.

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    (9) The superior text to subheadings 9903.80.05 through 9903.80.58
    of subchapter III of chapter 99 of the HTSUS is amended by striking
    ``and 9903.80.61''; and inserting in its place: ``through 9903.80.62'';.
    (10) To implement clause 2 of this proclamation, subchapter III of
    chapter 99 of the HTSUS is modified as provided in the Annex to this
    proclamation.
    (11) The modifications to the HTSUS made by clauses 6 through 10 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 28, 2020, and shall continue in effect, unless such actions
    are expressly reduced, modified, or terminated.
    (12) 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-eighth day
    of August, in the year of our Lord two thousand twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fifth.
    DONALD J. TRUMP

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