Presidential Documents

33407 

Federal Register 

Vol. 87, No. 106 

Thursday, June 2, 2022 

Title 3— 

The President 

Proclamation 10403 of May 27, 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 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. The United States and Ukraine have developed a close security relationship. Ukraine has expressed its willingness to work with the United States 

to address the global excess capacity for producing steel. Ukraine’s steel 

industry has been significantly disrupted by the Russian Federation’s unjustified, unprovoked, unyielding, and unconscionable war against Ukraine. The 

significant disruption in Ukraine’s steel production is expected to decrease 

the total amount of steel produced by Ukraine as well as the amount of 

steel imported into the United States from Ukraine, which in 2021 accounted 

for less than 1 percent of all steel imports into the United States. At the 

same time, the steel industry has been historically important to Ukraine, 

and both the United States and Ukraine have an interest in maintaining 

that industry as an economic lifeline while the country recovers. 

4. The United States and Ukraine have recently engaged in broad security 

discussions. The current disruption of Ukrainian steel production has been 

part of those discussions, and the ongoing discussion is anticipated to include 

alternative measures to prevent imports of steel from Ukraine from threatening the national security of the United States as Ukraine’s steel production 

recovers from the significant disruption caused by the war. 


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5. In light of the ongoing security discussions and significant disruption 

of Ukraine’s ability to produce steel, I conclude that Ukraine’s present situation presents a special case. I have determined to suspend the tariffs set 

forth in Proclamation 9705 for the import of steel articles and derivative 

steel articles from Ukraine for 1 year. The Secretary shall monitor the situation in the domestic steel industry and developments in Ukraine’s steel 

industry and inform me of any need to terminate or extend this suspension. 

6. In light of my determination to adjust the tariff proclaimed in Proclamation 

9705 as applied to eligible steel articles and derivative steel articles that 

are the product of Ukraine, 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 products of other 

countries. I have determined that it is necessary and appropriate, at this 

time, to maintain the current tariff level as it applies to products of other 

countries. 

7. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes 

the President to take action 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 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, 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 


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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; and (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 except from 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 through 11:59 p.m. eastern standard time on December 

31, 2023, 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’’ 

(2) 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 

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; (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 


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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; and 

(iv) on or after 12:01 a.m. eastern daylight time on June 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, and except from Ukraine through 11:59 p.m. eastern 

daylight time on June 1, 2023’’ 

(3) Any imports of steel articles from Ukraine 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 June 1, 2022, 

shall be subject upon entry for consumption made on or after 12:01 a.m. 

eastern daylight time on June 1, 2022, to the 25 percent rate of duty imposed 

by Proclamation 9705, as amended. 

(4) 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-seventh 

day of May, 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. 

Billing code 3395–F2–P 


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[FR Doc. 2022–11991 

Filed 6–1–22; 8:45 am] 

Billing code 7020–02–C 


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