ExecutiveOrdersEO
Proc 10328ProclamationBiden · D Quiet signal

Proclamation 10328

Adjusting Imports of Steel Into the United States

TradeTradeEconomy & LaborEconomy & Labor

In simple terms

This proclamation replaces the 25 percent tariff on EU steel imports with a tariff-rate quota system allowing 3.3 million metric tons of EU steel to enter duty-free through December 31, 2023, provided the steel is melted and poured in the EU. It also renews FY2021 exclusions for two years, mandates a review of the steel and aluminum exclusion process, and requires U.S.-EU negotiations on global steel and aluminum arrangements by October 31, 2023.

Federal Register Open PDF 87 FR 11

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 87 FR 11

    Federal Register PDF

  3. Secretary issues final rule implementing exclusion process changes

  4. Secretary issues proposed regulation revising exclusion process

  5. EU steel tariff-rate quota expires

  6. U.S.-EU negotiations on global steel and aluminum arrangements due

  7. Secretary publishes Federal Register notice seeking comments on exclusion process

  8. Tariff-rate quota effective for EU steel imports; HTSUS modifications effective

Key directives

  • Establish tariff-rate quota of 3.3 million metric tons for EU steel imports through December 31, 2023
  • Require steel to be melted and poured in EU to qualify
  • Renew FY2021 exclusions for 2 years with same annual volumes
  • Publish Federal Register notice on exclusion process within 45 days
  • Issue proposed regulation revising exclusion process within 60 days after comment period closes
  • Issue final rule within 60 days after comment period on proposed regulation
  • Establish process to help U.S. consumers identify suppliers in partner countries
  • Regularly publish exclusion volume data on Commerce Department website
  • Negotiate global steel/aluminum arrangements with EU by October 31, 2023

Who is ordered

Prior policy

  • otherClause 2 of Proclamation 9705
  • otherFirst two sentences of clause 1 of Proclamation 9980
  • supersedeAny inconsistent provision of previous proclamations and Executive Orders

Related orders

  • amendsEO 9705
  • referencesEO 9711
  • referencesEO 9740
  • amendsEO 9980

What to expect

Immediate

  • Tariff-rate quota effective January 1, 2022 for EU steel imports
  • FY2021 exclusions renewed for 2 years from December 27, 2021

Near term (90d)

  • Secretary of Commerce must publish Federal Register notice seeking comments on exclusion process within 45 days (by ~February 10, 2022)

Long term

  • U.S.-EU negotiations on global steel/aluminum arrangements due by October 31, 2023
  • Tariff-rate quota expires December 31, 2023 unless extended
  • Proposed regulation on exclusion process due within 60 days after comment period closes
  • Final rule due within 60 days after comment period on proposed regulation

Risks & tensions

  • EU quota volume may be insufficient during demand surges, causing price spikes
  • 'Melted and poured in EU' rule creates compliance enforcement challenges and transshipment risks
  • Tight regulatory timeline (45/60/60 days) over holidays may strain administrative capacity
  • Renewal of exclusions without market re-testing may perpetuate outdated supply assumptions
  • Potential WTO challenge to tariff-rate quota as disguised restriction
  • Uncertainty about post-December 2023 arrangement creates investment hesitation
Proclamation 10328: Adjusting Imports of Steel Into the United States · Executive Orders