Presidential Documents

Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Presidential Documents 227 

Proclamation 10691 of December 28, 2023 

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 the President a report on the Secretary’s 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 the 

President 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), the President 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 those steel articles by imposing a 25 percent ad valorem tariff on such 

articles imported from all countries except Canada and Mexico. The proclamation further stated that any country with which the United States has 

a security relationship is welcome to discuss 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 the President determines that imports from that country 

no longer threaten to impair the national security, the President 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. 

3. In Proclamation 9711, the President noted the continuing discussions 

with the European Union (EU) on behalf of its member countries on satisfactory alternative means to address the threatened impairment to the national 

security by imports of steel articles from these countries. Recognizing that 

the member countries of the EU have an important security relationship 

with the United States, the President determined that the necessary and 

appropriate means to address the threat to the national security posed by 

imports of steel articles from these countries was to continue the ongoing 

discussions and to exempt steel articles imports from these countries from 

the tariff proclaimed in Proclamation 9705 until May 1, 2018. 

4. In Proclamation 9740 of April 30, 2018 (Adjusting Imports of Steel Into 

the United States), the President noted that, unless the President determines 

by further proclamation that the United States has reached a satisfactory 

alternative means to remove the threatened impairment to the national security by imports of steel articles from the member countries of the EU, 

the tariff proclaimed in clause 2 of Proclamation 9705 shall be effective 

June 1, 2018, for these countries. 

5. In Proclamation 10328 of December 27, 2021 (Adjusting Imports of Steel 

Into the United States), I noted that the United States successfully concluded 


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discussions with the EU on behalf of its member countries on satisfactory 

alternative means to address the threatened impairment of the national security posed by steel articles imports from the EU. Specifically, the United 

States and the EU agreed to expand coordination involving trade remedies 

and customs matters, monitor bilateral steel and aluminum trade, cooperate 

on addressing non-market excess capacity, and annually review their arrangement for alternative means and their ongoing cooperation. In addition, the 

United States and the EU agreed to seek to conclude, by October 31, 2023, 

negotiations on global steel and aluminum arrangements to restore marketoriented conditions and support the reduction of carbon intensity of steel 

and aluminum across modes of production. 

6. Pursuant to the agreement described in Proclamation 10328, the United 

States implemented a number of actions, including a tariff-rate quota that 

restricts the quantity of steel articles imported into the United States from 

the EU without the application of the tariff proclaimed in Proclamation 

9705. I concluded that these measures provide an effective, long-term alternative means to address any contribution by EU steel articles imports to 

the threatened impairment of the national security by restraining steel articles 

imports to the United States from the EU, limiting transshipment, discouraging excess steel capacity and production, and strengthening the United 

States-EU partnership in a fashion that will better enable future arrangements. 

In light of that agreement, I also determined that specified volumes of 

eligible steel articles imports from the EU no longer threaten to impair 

the national security and decided to exclude such imports from the EU 

up to a designated quota from the tariff proclaimed in Proclamation 9705 

through December 31, 2023. I determined that the alternative means, including the tariff-rate quota, advance the recommendations in the Secretary’s 

January 2018 report. I also noted that the agreed-upon aggregate tariff-rate 

quota volume specified in the agreement between the United States and 

the EU, totaling 3.3 million metric tons, is consistent with the objective 

of reaching and maintaining a sufficient capacity utilization rate in the 

domestic steel industry. 

7. During the past 2 years, the United States and the EU have made substantial 

progress to identify the sources of non-market excess capacity and the actions 

needed to address distortions resulting from that non-market excess capacity. 

The United States and the EU are continuing their discussions on global 

steel and aluminum arrangements to restore market-oriented conditions in 

their steel and aluminum sectors and support the reduction of the greenhouse 

gas emissions intensity of steel and aluminum across all modes of production. 

These discussions are anticipated to include alternative measures to prevent 

imports of steel from the EU from threatening the national security of the 

United States. 

8. In light of the ongoing discussions and joint actions taken pursuant 

to the agreement described in Proclamation 10328, I have determined that 

the necessary and appropriate means to address the threat to the national 

security posed by imports of steel articles from the member countries of 

the EU is to continue the discussions and joint actions with the EU and 

to extend the tariff-rate quota that restricts the quantity of steel articles 

imported into the United States from the EU without the application of 

the tariff proclaimed in Proclamation 9705. In order to be eligible for inquota treatment, steel articles must be melted and poured in the EU. In 

my judgment, these measures will provide an effective, long-term alternative 

means to address any contribution by EU steel articles imports to the threatened impairment of the national security by restraining steel articles imports 

to the United States from the EU, limiting transshipment, discouraging excess 

steel capacity and production, and strengthening the United States-EU partnership in a fashion that will better enable future arrangements. 

9. In light of the ongoing discussions and joint actions taken pursuant 

to the agreement described in Proclamation 10328, I have determined that 

specified volumes of eligible steel articles imports from the EU will no 


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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Presidential Documents 229 

longer threaten to impair the national security and have decided to exclude 

such imports from the EU up to a designated quota from the tariff proclaimed 

in Proclamation 9705 through December 31, 2025. The United States will 

monitor the implementation and effectiveness of the tariff-rate quota and 

other measures agreed upon with the EU in addressing our national security 

needs, and I may revisit this determination, as appropriate. 

10. The alternative means, including the tariff-rate quota, advance the recommendations contained in the Secretary’s January 2018 report. The agreedupon aggregate tariff-rate quota volume specified in the 2021 agreement 

between the United States and the EU, totaling 3.3 million metric tons, 

remains consistent with the objective of reaching and maintaining a sufficient 

capacity utilization rate in the domestic steel industry. 

11. In Proclamation 10328, the United States agreed to renew for 2 calendar 

years all exclusions that were granted and utilized to import steel products 

tariff-free from the EU in Fiscal Year 2021. The United States will renew 

for 2 calendar years all exclusions that were utilized to import steel products 

free from section 232 tariffs from the EU in Fiscal Year 2021 and the 

first quarter of calendar year 2022. These exclusions were granted by the 

Department of Commerce due to a lack of domestic availability of the specified products in the United States. 

12. In light of my determination to adjust the tariff proclaimed in Proclamation 9705 as applied to eligible steel articles imported from the EU, 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 it is necessary and 

appropriate, at this time, to maintain the current tariff level as it applies 

to other countries. 

13. 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. 

14. 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, JOSEPH R. BIDEN JR., 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) Clause 2 of Proclamation 9705, as amended, is revised 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, 


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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, South Korea, 

and Turkey; (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; (vi) on or after 12:01 a.m. eastern standard time on January 

1, 2022, from all countries except Argentina, Australia, Brazil, Canada, Mexico, and South Korea, and except the member countries of the European 

Union through 11:59 p.m. eastern standard time on December 31, 2023, 

for steel articles covered by headings 9903.80.65 through 9903.81.19, inclusive; (vii) on or after 12:01 a.m. eastern daylight time on April 1, 2022, 

from all countries except Argentina, Australia, Brazil, Canada, Mexico, and 

South Korea, and except the member countries of the European Union 

through 11:59 p.m. eastern standard time on December 31, 2023, for steel 

articles covered by headings 9903.80.65 through 9903.81.19, inclusive, and 

from Japan, for steel articles covered by headings 9903.81.25 through 

9903.81.80, inclusive; (viii) on or after 12:01 a.m. eastern daylight time 

on June 1, 2022, from all countries except Argentina, Australia, Brazil, 

Canada, Mexico, South Korea, and Ukraine through 11:59 p.m. eastern daylight time on June 1, 2023, and except the member countries of the European 

Union through 11:59 p.m. eastern standard time on December 31, 2023, 

for steel articles covered by headings 9903.80.65 through 9903.81.19, inclusive, and from Japan and the United Kingdom (UK), for steel articles covered 

by subheadings 9903.81.25 through 9903.81.78 and heading 9903.81.80, and 

from the member countries of the European Union, for steel articles covered 

by heading 9903.81.81; (ix) on or after 12:01 a.m. eastern daylight time 

on June 1, 2023, from all countries except Argentina, Australia, Brazil, 

Canada, Mexico, South Korea, and Ukraine through 11:59 p.m. eastern daylight time on June 1, 2024, and except the member countries of the European 

Union through 11:59 p.m. eastern standard time on December 31, 2023, 

for steel articles covered by headings 9903.80.65 through 9903.81.19, inclusive, and from Japan and the UK, for steel articles covered by subheadings 

9903.81.25 through 9903.81.78 and heading 9903.81.80, and from the member 

countries of the European Union, for steel articles covered by heading 

9903.81.81, and from the member countries of the European Union where 

the steel used in the manufacture of the steel article is melted and poured 

in Ukraine through 11:59 p.m. eastern daylight time on June 1, 2024; and 

(x) on or after 12:01 a.m. eastern standard time on January 1, 2024, from 

all countries except Argentina, Australia, Brazil, Canada, Mexico, South 

Korea, and Ukraine through 11:59 p.m. eastern daylight time on June 1, 

2024, and except the member countries of the European Union through 

11:59 p.m. eastern standard time on December 31, 2025, for steel articles 

covered by headings 9903.80.65 through 9903.81.19, inclusive, and from 

Japan and the UK, for steel articles covered by subheadings 9903.81.25 

through 9903.81.78 and heading 9903.81.80, and from the member countries 

of the European Union, for steel articles covered by heading 9903.81.81, 

and from the member countries of the European Union where the steel 

used in the manufacture of the steel article is melted and poured in Ukraine 

through 11:59 p.m. eastern daylight time on June 1, 2024. 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 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, 


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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Presidential Documents 231 

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’’. 

(2) Steel eligible for in-quota treatment under the tariff-rate quota implemented in Proclamation 10328 and extended in this proclamation must 

be melted and poured in a member country of the EU in order to receive 

such treatment. The Secretary, in consultation with the Secretary of Homeland Security and the United States Trade Representative, is authorized 

to take such actions as are necessary to ensure compliance with this 

requirement. Failure to comply could result in applicable remedies such 

as the collection of the tariff set forth in clause 2 of Proclamation 9705, 

or penalties under United States law. 

(3) Imports of steel articles from member countries of the EU in excess 

of the tariff-rate quota quantities implemented in Proclamation 10328 and 

extended in this proclamation shall remain subject to the duties imposed 

by clause 2 of Proclamation 9705, as amended. The Secretary, in consultation with the United States Trade Representative and the Secretary of 

Homeland Security, shall recommend to the President, as warranted, updates to the in-quota volumes contained in this proclamation. 

(4) Steel articles from a member country of the EU imported under an 

exclusion granted pursuant to clause 3 of Proclamation 9705, as amended, 

shall not count against the in-quota volume of the tariff-rate quota extended 

in this proclamation. 

(5) The Secretary is directed to renew all utilized exclusions granted 

pursuant to clause 3 of Proclamation 9705, as amended, and utilized 

in Fiscal Year 2021 (October 1, 2020, through September 30, 2021) and 

the first quarter of calendar year 2022 (January 1, 2022, through March 

31, 2022), for the import of steel articles from one or more member 

countries of the EU for a period of 2 years from the date of this proclamation. The renewed exclusions shall be for an annual volume equal to 

that volume imported from a member country of the EU pursuant to 

the exclusions in Fiscal Year 2021 and the first quarter of calendar year 

2022. The Secretary shall communicate to U.S. Customs and Border Protection of the Department of Homeland Security the exclusions and the 

volumes of steel articles from member countries of the EU that are allowed 

under this provision. The Secretary shall, by publication on the internet, 

or by other means, inform importers of the availability and volume of 

exclusions renewed by this provision. This provision does not alter or 

modify in any way the ability of importers to seek additional exclusions 

in accordance with clause 3 of Proclamation 9705, as amended, and as 

implemented by the Department of Commerce, for the import of steel 

articles from a member country of the EU. 

(6) U.S. note 16(f) to subchapter III of chapter 99 of the HTSUS is amended 

by inserting, at the end of the first sentence of such note subdivision, 

the phrase ‘‘, provided that such iron or steel products are melted and 

poured in any member country of the European Union’’ after the final 

appearance of the word ‘‘subdivision’’. 

(7) The modifications made by 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 standard time on January 

1, 2024, and shall continue in effect, unless such actions are expressly 

reduced, modified, or terminated. 

(8) Any imports of steel articles from the member countries of the EU 

that were admitted into a United States foreign trade zone under ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, prior to 12:01 a.m. 

eastern standard time on January 1, 2024, shall be subject upon entry 

for consumption made on or after 12:01 a.m. eastern standard time on 

January 1, 2024, to the provisions of the tariff-rate quota in effect at 

the time of the entry for consumption. 


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(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 twenty-eighth 

day of December, in the year of our Lord two thousand twenty-three, and 

of the Independence of the United States of America the two hundred 

and forty-eighth. 

[FR Doc. 2023–28996 

Filed 1–2–24; 8:45 am] 

Billing code 3395–F4–P 


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