Proc 10356ProclamationBiden · D

Proclamation 10356

Adjusting Imports of Steel Into the United States

This proclamation establishes a tariff-rate quota on steel imports from Japan, replacing the 25% tariff with a quota of 1.25 million metric tons for steel melted and poured in Japan. The agreement maintains the 25% tariff on Japanese steel exceeding the quota and on steel from other countries, while adding Japan to the list of countries with modified treatment. The changes take effect April 1, 2022.

Impact dates

  1. EU exception for certain steel headings expires

  2. Tariff-rate quota effective for Japanese steel imports; HTSUS modifications take effect

Key directives

  • Establish tariff-rate quota of 1.25 million metric tons on Japanese steel imports
  • Require steel to be melted and poured in Japan for in-quota treatment
  • Amend U.S. Note 16 of HTSUS subchapter III of chapter 99
  • Revise clause 2 of Proclamation 9705 to add Japan exception
  • Revise clause 1 of Proclamation 9980 for derivative steel articles
  • Secretary to recommend updates to in-quota volumes as warranted
  • Secretary, in consultation with DHS Secretary and USTR, to ensure compliance with melt-and-pour requirement

Who is ordered

Timeline

Immediate

  • Tariff-rate quota takes effect April 1, 2022 for Japanese steel
  • HTSUS amendments implemented
  • Japan added to exception list for derivative steel articles

Near term (90d)

  • Monitoring of quota implementation begins
  • Annual review of U.S.-Japan arrangement anticipated

Long term

  • Potential updates to in-quota volumes based on Secretary recommendations
  • Ongoing cooperation on non-market excess capacity and carbon intensity
  • Quota continues unless expressly reduced, modified, or terminated

Risks & tensions

  • Melt-and-pour requirement creates compliance enforcement burden and potential for transshipment disputes
  • Quota volume may prove insufficient or excessive depending on market conditions; mechanism for adjustment is advisory to President, not automatic
  • Maintains 25% tariff on other countries despite Japan deal, leaving trade friction with allies unresolved
  • Annual review commitment creates ongoing negotiation uncertainty
Proclamation 10356: Adjusting Imports of Steel Into the United States · Executive Orders