ExecutiveOrdersEO
Proc 10064ProclamationTrump 45 · R

Proclamation 10064

Adjusting Imports of Steel Into the United States

This proclamation modifies the quantitative limitations on steel imports from Brazil for the remainder of 2020, lowering the annual aggregate limit due to changed market conditions including a contracted U.S. steel market. It also establishes an expedited relief process for pre-existing contracts to avoid disrupting U.S. production activities, with specific certification requirements and a 60,000,000 kilogram cap on such relief.

Federal Register Open PDF 85 FR 54877

Impact dates

  1. Annual aggregate limit reverts to Proclamation 9759 level unless modified

  2. Steel articles for which relief granted must be entered for consumption or withdrawn from warehouse

  3. U.S. and Brazil to hold further consultations on steel trade

  4. Quantitative limitation and HTSUS modifications take effect

  5. Secretary to issue procedures for relief requests

  6. CBP to implement relief as soon as practicable

Key directives

  • Lower annual aggregate limit for Brazilian steel imports for calendar year 2020
  • Secretary shall grant expedited relief for pre-existing contracts meeting four criteria
  • Relief capped at 60,000,000 kilograms aggregate
  • CEO and chief legal officer sworn statement required for relief
  • Secretary to issue procedures as soon as practicable
  • CBP to implement relief as soon as practicable
  • Relief steel counted toward quantitative limitation at time of entry
  • Steel under relief must be entered by December 31, 2020

Who is ordered

Timeline

Immediate

  • Lowered quantitative limitation takes effect August 28, 2020
  • Relief process for pre-existing contracts begins
  • HTSUS modifications effective

Near term (90d)

  • Secretary to issue procedures for relief requests
  • Relief applications processed on expedited basis
  • Steel articles under relief must be entered by December 31, 2020

Long term

  • Annual aggregate limit reverts to Proclamation 9759 level for 2021 unless modified
  • U.S.-Brazil consultations in December 2020 to discuss steel trade
  • Potential further adjustments based on market conditions

Risks & tensions

  • Potential supply chain disruption for U.S. manufacturers dependent on Brazilian semi-finished steel
  • Tension between protecting domestic steel industry and avoiding harm to downstream U.S. manufacturers
  • Brazil's role as second-largest steel import source creates ongoing trade negotiation leverage
  • Relief process requires subjective Secretary determination of 'significant disruption' and inability to procure from alternative suppliers
  • December 2020 consultations create uncertainty for 2021 trade terms
Proclamation 10064: Adjusting Imports of Steel Into the United States · Executive Orders