Presidential Documents

Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Presidential Documents 45025 

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 delayed because 

imports of specific steel articles, which were contracted for purchase prior 

to my decision to adjust imports of these articles, cannot presently be 


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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 a directly affected party located in the United States. 

Such relief may be provided to directly affected parties on a party-byparty 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 


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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 subchapter 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. 


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(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 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’’. 


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(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 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. 

Billing code 3295–F8–P 


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[FR Doc. 2018–19284 

Filed 8–31–18; 11:15 am] 

Billing code 7020–02–C 


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ANNEX 

TO MODIFY CERTAIN PROVISIONS OF CHAPTER 99 OF 

THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES 

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 30, 2018, subchapter III of 

chapter 99 ofthe Harmonized Tariff Schedule of the United States is modified by inserting in 

numerical sequenee the following new tariff provision, with the material in the new tariff 

provisions inserted in the columns labeled "Heading/Subheading", "Article Description", "Rates 

of Duty 1-General", "Rates of Duty 1-Special," and "Rates ofDuty 2", respectively: 

Rates of Duty 

Heading/ Article description 1 Subheading 

General Special 

"Iron or steel products of Argentina, of Brazil, or of South Korea 

enumerated in U.S. note 16(b) to this subchapter, each covered 

by an exclusion granted by the Secretary of Commerce under 

note 16(c) to this subchapter: 

9903.80.60 Goods granted relief from the application of quantitative 

limitation otherwise imposed in relation to subheadings 

9903.80.05 through 9903.80.58, for any steel article 

determined by the Secretary not to be produced in the United 

States in a sufficient and reasonably available amount, or of a 

satisfactory qualify, or for specific national security reasons, 

provided that such goods shall be counted toward any 

quantitative limitation proclaimed by the President until such 

limitation has filled ........................................................................... The duty 

provided in 

the 

applicable 

subheading 

9903.80.61 Goods subject to a qualifying contract for which relief has been 

provided from the application of quantitative limitation 

otherwise imposed in relation to .subheadings 9903.80.05 

through 9903.80.58, provided that such goods shall be counted 

toward any quantitative limitation proclaimed by the President 

until such limitation has filled ............................................................ The duty 

provided in 

the 

applicable 

subheading + 

25%" 

2