Presidential Documents

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Proclamation 10406 of May 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 the United 

Kingdom (UK) on satisfactory alternative means to address the threatened 

impairment to the national security posed by imports of steel articles and 

derivative steel articles from the UK. The United States and the UK have 

agreed to expand coordination involving trade remedies and customs matters, 

monitor bilateral steel and aluminum trade, cooperate on addressing nonmarket excess capacity and carbon intensity in these sectors, annually review 

their arrangement and their ongoing cooperation, and ensure that steel articles 

exports from the UK to the United States under the applicable tariff-rate 

quota for steel articles are not supported by market-distorting practices. 

4. The United States will implement a number of actions, including a 

tariff-rate quota that restricts the quantity of steel articles and derivative 

steel articles imported into the United States from the UK without the 

application of the tariff proclaimed in Proclamation 9705. Under the arrangement, steel articles that are melted and poured in the UK and imported 

from either the UK or further processed in the European Union, conferring 

European Union country of origin, and subsequently imported into the United 

States from the European Union are eligible for in-quota treatment. In my 

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


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means to address any contribution by UK steel articles and derivative steel 

articles imports to the threatened impairment to the national security by 

restraining steel articles and derivative steel articles imports to the United 

States from the UK, limiting transshipment, discouraging excess steel capacity 

and production, and strengthening the United States-UK partnership. In 

light of this agreement, I have determined that imports of specified volumes 

of eligible steel articles and derivative steel articles from the UK will no 

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

such imports from the UK 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 the UK in addressing our national security needs, and I may revisit 

this determination, as appropriate. 

5. I conclude that the UK presents a special case because of the unique 

nature of the special relationship that exists between the United States 

and the UK. The United States has a deep security relationship with the 

UK, including a shared commitment to mutual support in addressing national 

security concerns, particularly through security, defense, and intelligence 

partnerships; a strong economic and strategic partnership; and a shared 

commitment to addressing global excess capacity in steel production. 

6. 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 agreement between 

the United States and the UK, totaling 500,000 metric tons, is consistent 

with the objective of reaching and maintaining a sufficient capacity utilization 

rate in the domestic steel industry and reflects the continued importance 

of the special relationship that exists between the United States and the 

UK. 

7. 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 melted and poured in the UK and imported from either the UK or 

the European Union, 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. 

8. 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. 

9. 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) To establish a tariff-rate quota on imports of steel articles that are 

melted and poured in the UK and imported from either the UK or the 

European Union 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 that are 

melted and poured in the UK and from either the UK or the European 

Union 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 


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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 that are melted and poured in the UK 

and from either the UK or the European Union 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. 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 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 Ukraine, 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. 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 


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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 

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 

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; (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; and (v) 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, Mexico, and the UK, and to imports of 

derivative steel articles described in Annex II to this proclamation from 


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all countries except Argentina, Australia, Brazil, Canada, the member countries of the European Union, Japan, Mexico, South Korea, and the UK, 

and except from Ukraine through 11:59 p.m. eastern daylight time on 

June 1, 2023.’’ 

(4) Steel articles eligible for treatment under clause 1 of this proclamation 

must be melted and poured in the UK in order to receive such treatment. 

Steel articles melted and poured in the UK that are further processed in 

a member country of the European Union, conferring country of origin 

in a member country of the European Union, and subsequently imported 

into the United States is also eligible for treatment under clause 1 of this 

proclamation as set forth in the Annex to this proclamation. 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) In the case of any known UK steel producer that is owned or controlled 

by a company registered in the People’s Republic of China or a Chinese 

entity, and which exports steel to the United States under the applicable 

tariff-rate quota, the UK agreed to provide an attestation to the United 

States annually, based on an annual strategic audit conducted by an independent third party, to the effect that there is no evidence of marketdistorting practices by that producer in the UK that would materially contribute to non-market excess capacity of steel. If the attestation is not provided 

annually as set out in the Annex to this proclamation, the Secretary may 

temporarily deny access for any UK steel producer to the in-quota rate 

for the applicable tariff-rate quota. 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 the actions regarding attestations set forth in the Annex to this proclamation. If an attestation is not provided as set forth in the Annex to this 

proclamation, it could result in collection of the tariff set forth in clause 

2 of Proclamation 9705. 

(6) 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 June 1, 2022, and shall continue in effect, unless such 

actions are expressly reduced, modified, or terminated. 

(7) Any imports of steel articles from the UK and steel articles that 

are melted and poured in the UK that are further processed in a member 

country of the European Union, conferring country of origin in a member 

country of the European Union, 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 provisions of the tariff-rate quota in effect 

at the time of the entry for consumption. 

(8) 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. 


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IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first 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 fortysixth. 

Billing code 3395–F2–P 


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ANNEX 

Modifications to 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 [June 1, 2022,] subchapter Ill of chapter 99 of the Harmonized Tariff Schedule 

of the United States ("HTS") is hereby modified as follows: 

1. Subdivision (g) of U.S. note 16 to such subchapter Is modified to read as follows: 

"Subheadings 9903.81.25 through 9903.81.78 and headings 9903.81.80 and 9903.81.81, 

inclusive, set forth the ordinary customs duty treatment for the iron or steel products (as 

enumerated in subdivision (b) of this note) of Japan or of the United Kingdom. The aggregate 

annual import volume under subheadings 9903.81.25 through 9903.81.78 and heading 

9903.81.80 for such products of Japan shall be limited to 1,250,000 metric tons; and the 

aggregate import volume under subheadings 9903.81.25 through 9903.81.78 and heading 

9908.81.80 for such products of the United Kingdom shall be limited to 500,000 metric tons; and 

heading 9903.81.81 for such products of the European Union that are melted and poured in the 

UK shall be limited to 37,800metric tons. Subheadings 9903.81.25 through 9903.81.80 shall also 

be subject to any aggregate annual quantity established for each such subheading, including any 

allocations or other limitations that may be announced, all as set forth on the Internet site of 

the Department of Commerce at the following link: https://bis.doc.gov/232-steel. No shipments 

of such iron or steel products shall be allowed to enter in an aggregate quantity under any such 

subheading, during any of the periods January through March, April through June, July through 

September, or October through December in any 12-month period, that is in excess of the 

quantity that is made available to Japan or the United Kingdom during any such period by the 

Department of Commerce, as set forth on the Internet site of such Department as noted herein. 

The Department of Commerce is authorized to carry forward any unused quantity of such 

product from one or more such countries from the first quarter of any calendar year to the third 

quarter of such year, from the second quarter of any calendar year to the fourth quarter of such 

year. Entries of any product of Japan or the United Kingdom that may be described in an 

exclusion granted by the Department of Commerce shall be eligible to utilize such exclusion 

upon proper claim therefor, and such entries shall be counted against the annual aggregate 

quantitative limitation set forth in this subdivision." 

2. Such subdivision (g) is further modified by inserting at the end of such subdivision the following 

sentence: 

"Iron or steel products described in subdivision (b) of this note that are melted and poured in a 

United Kingdom steel facility and are products of the member countries of the European Union 

enumerated in subdivision (f) of this note will be admitted into the United States under the 
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quantitative limitation provided in this subdivision and shall be reported under heading 

9903.81.81 of this subchapter. 

3. Such subdivision (g) is further modified by inserting at the end of such subdivision the following 

sentences: 

"Entry requirement for certain steel from the United Kingdom 

The United Kingdom will provide to the United States, in the case of any known UK steel 

producer that is owned or controlled by a company registered in China or a Chinese entity, and 

which exports steel to the United States under the applicable TRQ for UK steel, an attestation. 

The attestation will be to the effect that there is no evidence of market distorting practices by 

that producer in the UK that would materially contribute to non-market excess capacity of steel. 

The results of such audit will be made available to the United States upon completion. 

Steel from any UK steel producer that is owned or controlled by a company registered in China 

or a Chinese entity will be eligible for entry at the in-quota rate for 6 months from June 1, 2022 

within which the UK will provide the first annual attestation. If the attestation is not provided by 

December 1, 2022 and then annually on December 1 thereafter, the United States reserves the 

right to temporarily deny access for the UK steel producer to the in-quota rate for the applicable 

TRQ. Where at any time access has been denied, and where the UK submits an attestation, the 

United States will restore the access of the affected producer to the in-quota rate within 8 

weeks." 

4. The article descriptions of heading 9903.80.01 and 9903.80.03 are each modified by deleting "or 

of Japan," and by inserting in lieu thereof "of Japan, or of the United Kingdom". 

5. The superior text to subheadings 9903.81.25 through 9903.81.78 is modified by deleting 

"subdivision (f)" and by inserting in lieu thereof "subdivision (g)" at each instance, and by 

inserting after "of Japan" the phrase "or of the United Kingdom". Such superior text is further 

modified by deleting from the first line of the article description the word "Iron" and by 

inserting in lieu thereof "Except as provided in heading 9903.81.81, iron". 

6. The article description of heading 9903.81.80 is modified by inserting after "of Japan" the 

phrase "the United Kingdom, or of the European Union, where the steel was melted and poured 

in the United Kingdom". 

7. The following new heading is inserted in numerical sequence in such subchapter 111, with the 

material inserted in the columns entitled "Heading/Subheading", "Article Description", and 

"Rates of Duty 1-General", respectively: 

"9903.81.81 : Iron or steel products described in subdivision (b) of note 

: 16 to this subchapter that are melted and poured in a United 

: Kingdom facility and are products of 
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[FR Doc. 2022–12108 

Filed 6–2–22; 8:45 am] 

Billing code 7020–02–C 


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: the member countries of the European Union, under the 

: terms of subdivision (g) of note 16 to this subchapter............... : Free"