[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Presidential Documents]
[Pages 19351-19365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07136]




                        Presidential Documents 



Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / 
Presidential Documents

[[Page 19351]]


                Proclamation 10356 of March 31, 2022

                
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 we have a security 
                relationship is welcome to discuss with the United 
                States alternative ways to address the threatened 
                impairment to 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. The United States has successfully concluded 
                discussions with Japan on satisfactory alternative 
                means to address the threatened impairment to the 
                national security posed by imports of steel articles 
                and derivative steel articles from Japan. The United 
                States and Japan have agreed to expand coordination 
                involving trade remedies and customs matters, monitor 
                bilateral steel and aluminum trade, cooperate on 
                addressing non-market excess capacity and carbon 
                intensity in these sectors, and annually review their 
                arrangement and their ongoing cooperation.

                4. The United States will implement a number of 
                actions, including a tariff-rate quota that restricts 
                the quantity of steel articles imported into the United 
                States from Japan without the application of the tariff 
                proclaimed in Proclamation 9705. Under the arrangement, 
                steel articles that are melted and poured in Japan are 
                eligible for in-quota treatment. In my judgment, these 
                measures will provide an effective, long-term 
                alternative means to address any contribution by 
                Japanese steel articles imports to the threatened 
                impairment to the national security by restraining 
                steel articles imports to the United States from Japan, 
                limiting transshipment, discouraging excess steel 
                capacity and production, and strengthening the United 
                States-Japan partnership. In light of this agreement, I 
                have determined that imports of

[[Page 19352]]

                specified volumes of eligible steel articles from Japan 
                will no longer threaten to impair the national security 
                and have decided to exclude such imports from Japan up 
                to a designated quota from the tariff proclaimed in 
                Proclamation 9705. The United States will monitor the 
                implementation and effectiveness of the tariff-rate 
                quota and other measures agreed upon with Japan in 
                addressing our national security needs, and I may 
                revisit this determination, as appropriate.

                5. The alternative means, including the tariff-rate 
                quota, advance the recommendations contained in the 
                Secretary's January 2018 report. The agreed-upon 
                aggregate tariff-rate quota volume specified in the 
                agreement between the United States and Japan, totaling 
                1.25 million metric tons, is consistent with the 
                objective of reaching and maintaining a sufficient 
                capacity utilization rate in the domestic steel 
                industry.

                6. In light of my determination to adjust the tariff 
                proclaimed in Proclamation 9705 as applied to eligible 
                steel articles imported from Japan, 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.

                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, JOSEPH R. BIDEN JR., President of 
                the United States of America, by virtue of the 
                authority vested in me by the Constitution and the laws 
                of the United States, 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) To establish a tariff-rate quota on imports of 
                steel articles from Japan as set forth in paragraph 4 
                of this proclamation, U.S. Note 16 of subchapter III of 
                chapter 99 of the HTSUS is amended as provided for in 
                the Annex to this proclamation. Imports of steel 
                articles from Japan in excess of the tariff-rate quota 
                quantities shall remain subject to the duties imposed 
                by clause 2 of Proclamation 9705, as amended. The 
                Secretary, in consultation with the Secretary of 
                Homeland Security and the United States Trade 
                Representative, shall recommend to the President, as 
                warranted, updates to the in-quota volumes contained in 
                the Annex to this proclamation. Steel articles from 
                Japan imported under an exclusion granted pursuant to 
                clause 3 of Proclamation 9705, as amended, shall count 
                against the in-quota volume of the tariff-rate quota 
                established in clause 1 of this proclamation.
                    (2) 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.

[[Page 19353]]

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, 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; and (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. 
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, 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.''

                    (3) The first two sentences of clause 1 of 
                Proclamation 9980 of January 24, 2020 (Adjusting 
                Imports of Derivative Aluminum Articles and Derivative 
                Steel Articles Into the United States), are revised to 
                read as follows:

``In order to establish increases in the duty rate on imports of certain 
derivative articles, subchapter III of chapter 99 of the HTSUS is modified 
as provided in Annex I and Annex II to this proclamation. Except as 
otherwise provided in this proclamation, all imports of derivative aluminum 
articles specified in Annex I to this proclamation shall be subject to an 
additional 10 percent ad valorem rate of duty, and all imports of 
derivative steel articles specified in Annex II to this proclamation 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 standard time 
on February 8, 2020, these rates of duty, which are in addition to any 
other duties, fees, exactions, and charges applicable to such imported 
derivative aluminum articles or steel articles, shall apply to imports of 
derivative aluminum articles described in Annex I to this proclamation from 
all countries except Argentina, the Commonwealth of Australia (Australia), 
Canada, and the United Mexican States (Mexico) and to imports of derivative 
steel articles described in Annex II to this proclamation from all 
countries except Argentina, Australia, Brazil, Canada, Mexico, and South 
Korea; (ii) on or after 12:01 a.m. eastern standard time on January 1, 
2022, these rates of duty, which are in addition to any other duties, fees, 
exactions, and charges applicable to such imported

[[Page 19354]]

derivative aluminum articles or steel articles, shall apply to imports of 
derivative aluminum articles described in Annex I to this proclamation from 
all countries except Argentina, Australia, Canada, the member countries of 
the European Union, and Mexico and to imports of derivative steel articles 
described in Annex II to this proclamation from all countries except 
Argentina, Australia, Brazil, Canada, the member countries of the European 
Union, Mexico, and South Korea; and (iii) on or after 12:01 a.m. eastern 
daylight time on April 1, 2022, these rates of duty, which are in addition 
to any other duties, fees, exactions, and charges applicable to such 
imported derivative aluminum articles or steel articles, shall apply to 
imports of derivative aluminum articles described in Annex I to this 
proclamation from all countries except Argentina, Australia, Canada, the 
member countries of the European Union, and Mexico and to imports of 
derivative steel articles described in Annex II to this proclamation from 
all countries except Argentina, Australia, Brazil, Canada, the member 
countries of the European Union, Japan, Mexico, and South Korea.''

                    (4) Steel eligible for treatment under clause 1 of 
                this proclamation must be melted and poured in Japan 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.
                    (5) The modifications to the HTSUS made by clause 1 
                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 April 1, 2022, and shall 
                continue in effect, unless such actions are expressly 
                reduced, modified, or terminated.
                    (6) Any imports of steel articles from Japan 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 
                April 1, 2022, shall be subject upon entry for 
                consumption made on or after 12:01 a.m. eastern 
                daylight time on April 1, 2022, to the provisions of 
                the tariff rate quota in effect at the time of the 
                entry for consumption.
                    (7) 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.

[[Page 19355]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirty-first day of March, in the year of our Lord two 
                thousand twenty-two, and of the Independence of the 
                United States of America the two hundred and forty-
                sixth.
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[FR Doc. 2022-07136
Filed 3-31-22; 11:15 am]
Billing code 7020-02-C