ExecutiveOrdersEO
Proc 9777ProclamationTrump 45 · R Quiet signal

Proclamation 9777

Adjusting Imports of Steel Into the United States

This proclamation modifies the Section 232 steel tariffs and quotas by authorizing the Secretary of Commerce to grant relief from quantitative limitations (quotas) on steel imports under two tracks: (1) general exclusions for lack of domestic production capacity or national security reasons, similar to existing tariff exclusion authority; and (2) expedited relief for pre-contracted steel used in U.S. facility construction where quotas have already filled, provided contracts were signed before March 8, 2018 and steel enters by March 31, 2019. It also makes technical amendments to the Harmonized Tariff Schedule of the United States (HTSUS) and maintains the existing 25% tariff rate.

Federal Register Open PDF 83 FR 45025

Impact dates

  1. Secretary to issue procedures for exclusion requests

  2. Deadline for pre-contracted construction steel to be entered for consumption or withdrawn from warehouse

  3. HTSUS modifications effective; relief authorities take effect

Key directives

  • Secretary authorized to grant relief from quantitative limitations for lack of domestic capacity or national security considerations
  • Secretary shall grant expedited relief for pre-March 8, 2018 contracts for facility construction steel entering by March 31, 2019
  • Secretary to issue exclusion request procedures as soon as practicable
  • CBP to implement exclusions and relief as soon as practicable
  • Secretary, in consultation with CBP, to revise HTSUS and publish modifications in Federal Register
  • Secretary to continue monitoring steel imports and inform President of need for further action

Who is ordered

Timeline

Immediate

  • HTSUS modifications effective August 30, 2018 at 12:01 a.m. EDT
  • Secretary authorized to grant relief from quantitative limitations
  • CBP to implement exclusions and relief 'as soon as practicable'

Near term (90d)

  • Secretary to issue procedures for exclusion requests 'as soon as practicable'
  • Expedited relief applications for pre-contracted construction steel

Long term

  • Relief for pre-contracted steel expires March 31, 2019 entry deadline
  • Ongoing monitoring of steel imports by Secretary under section 232
  • Potential further action based on trade discussions with other countries

Risks & tensions

  • Expedited relief criteria (pre-March 8, 2018 contract, 10% cost threshold, 'significant disruption' standard) create administrative complexity and potential for disputes
  • Party-by-party regional relief approach could fragment market treatment and create competitive inequities
  • Sworn CEO/CLO attestation requirement with potential Attorney General referral creates enforcement risk for applicants
  • Retroactive relief provisions and quota counting mechanics create implementation complexity for CBP
  • Document states trade discussions ongoing; further modifications possible, creating policy uncertainty
Proclamation 9777: Adjusting Imports of Steel Into the United States · Executive Orders