83 FR 40429 - Adjusting Imports of Steel Into the United States

Executive Office of the President

Federal Register Volume 83, Issue 158 (August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Presidential Documents]
[Pages 40429-40432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17703]




                        Presidential Documents 



Federal Register / Vol. 158, No. 83 / Wednesday, August 15, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 40429]]

                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.

                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.

[[Page 40430]]

                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.
                    (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

[[Page 40431]]

                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.
                
                
                    (Presidential Sig.)

Billing code 3295-F8-P



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[GRAPHIC] [TIFF OMITTED] TD15AU18.013


[FR Doc. 2018-17703
Filed 8-14-18; 8:45 a.m.]
Billing code 7020-02-C