ExecutiveOrdersEO
Proc 7576ProclamationG.W. Bush · R

Proclamation 7576

To Provide for the Efficient and Fair Administration of Safeguard Measures on Imports of Certain Steel Products

This proclamation modifies 2002 steel safeguard tariffs by: (1) authorizing the U.S. Trade Representative to add WTO developing countries to an exclusion list, (2) extending the deadline for product exclusion requests from 120 days after March 5, 2002 to August 31, 2002, and (3) validating certain exclusion requests submitted under later Federal Register procedures. The HTS modifications apply retroactively to March 20, 2002 and expire March 21, 2006 or one year after safeguard measures end.

Federal Register Open PDF 67 FR 45285

Impact dates

  1. HTS modifications deletion from HTS

  2. USTR product exclusion request deadline

  3. HTS modifications effective for goods entered/withdrawn

Key directives

  • USTR authorized to add WTO developing countries to Note 11 exclusion list upon Federal Register notice
  • Clause (5) of Proclamation 7529 amended: 'Within 120 days after the date of this proclamation' replaced with 'At any time on or before August 31, 2002'
  • Note 11 subdivision (c) date changed from July 3, 2002 to August 31, 2002
  • USTR to treat certain April-June 2002 exclusion requests as submitted under October 2001 procedures
  • HTS modifications effective March 20, 2002, continue unless earlier modified/terminated
  • HTS modifications delete at close of March 21, 2006 or 1 year after safeguard measures end

Who is ordered

Timeline

Immediate

  • USTR authorized to add developing countries to exclusion list
  • Product exclusion deadline extended to August 31, 2002
  • Prior exclusion requests validated under original procedures
  • HTS modifications effective retroactively to March 20, 2002

Near term (90d)

  • August 31, 2002 deadline for USTR to consider product exclusion requests

Long term

  • Safeguard measures expire per original 3-year-plus-1-day term
  • HTS modifications delete March 21, 2006 or 1 year after safeguard measures close

Risks & tensions

  • Retroactive effective date to March 20, 2002 may create compliance/recordkeeping challenges for importers
  • Extension of exclusion deadline may dilute protective effect of safeguard measures for domestic steel industry
  • Vague 'as appropriate' standard for adding developing countries creates discretionary uncertainty
Proclamation 7576: To Provide for the Efficient and Fair Administration of Safeguard Measures on Imports of Certain Steel Products · Executive Orders