Proc 9711ProclamationTrump 45 · R

Proclamation 9711

Adjusting Imports of Steel Into the United States

This proclamation temporarily exempts Australia, Argentina, South Korea, Brazil, and EU member countries from the 25 percent steel tariffs imposed on March 8, 2018, while continuing trade negotiations. The exemptions expire on May 1, 2018, unless satisfactory alternative arrangements are reached. It also amends tariff schedules and adds provisions for case-by-case exclusion relief.

Impact dates

  1. Secretary to revise HTSUS and publish modifications in Federal Register

  2. USTR to advise on appropriate means to prevent transshipment from exempt countries

  3. Temporary exemptions expire; tariff applies to all countries unless extended by further proclamation

  4. Tariff takes effect for non-exempt countries; foreign trade zone rule applies

Key directives

  • Exempt steel imports from Australia, Argentina, South Korea, Brazil, and EU from 25% tariff until May 1, 2018
  • Amend Proclamation 9705 tariff language to specify phased country coverage
  • Amend HTSUS notes and headings to reflect temporary exemptions
  • Apply foreign trade zone 'privileged foreign status' rule to steel articles admitted on or after March 23, 2018
  • Add regional availability and transport factors to exclusion relief criteria
  • Make exclusion relief retroactive to request posting date
  • Correct HTSUS reference from 7304.10 to 7304.11
  • Direct Secretary to revise HTSUS and publish in Federal Register
  • USTR to advise on preventing transshipment from exempt countries

Who is ordered

Timeline

Immediate

  • Tariff exemptions take effect for listed countries
  • Foreign trade zone admission rules change March 23, 2018

Near term (90d)

  • Exemptions expire May 1, 2018 unless alternative arrangements reached
  • Potential quota implementation for exempt countries

Long term

  • Ongoing trade negotiations with exempt countries
  • Possible permanent exclusions or tariff adjustments
  • Structural changes to HTSUS

Risks & tensions

  • Uncertainty for businesses: 40-day exemption window creates planning difficulty
  • Potential for sudden tariff imposition May 1 if negotiations fail
  • Transshipment risk through exempt countries may undermine tariff effectiveness
  • Retroactive exclusion relief creates administrative complexity
  • Vague 'as soon as practicable' timeline for potential quota implementation
Proclamation 9711: Adjusting Imports of Steel Into the United States · Executive Orders