Proc 9759ProclamationTrump 45 · R Quiet signal

Proclamation 9759

Adjusting Imports of Steel Into the United States

In simple terms

This proclamation permanently excludes Argentina, Brazil, and South Korea from the 25% steel tariff imposed in March 2018, replacing the tariff with country-specific annual quantitative limits on steel imports. It also amends prior proclamations and HTSUS provisions to implement these quotas and adds new quarterly surge limits effective July 1, 2018.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 83 FR 25857

  3. quarterly surge limits (500,000 kg + 30% cap) take effect for quota countries

  4. quantitative limitations effective for Argentina and Brazil steel articles entered for consumption or withdrawn from warehouse

Key directives

  • Amend HTSUS subheadings 9903.80.05 through 9903.80.58 to replace 'South Korea' with 'Argentina, of Brazil, or of South Korea'
  • Apply annual aggregate quantitative limits for Argentina and Brazil starting calendar year 2018, effective June 1, 2018
  • Implement quantitative limitations by CBP as soon as practicable
  • Secretary of Commerce to monitor quantitative limitations and consult with Secretary of Defense, USTR, and other officials
  • Amend HTSUS note to impose quarterly surge limits: imports exceeding 500,000 kg and 30% of annual aggregate in any quarter prohibited beginning July 1, 2018
  • Secretary of Commerce to revise HTSUS and publish modifications in Federal Register
  • Amend clauses in Proclamations 9711 and 9740 to reference quantitative limitations

Who is ordered

Prior policy

  • amendProclamation 9705
  • amendProclamation 9711
  • amendProclamation 9740
  • supersedeany inconsistent provision of previous proclamations and Executive Orders

What to expect

Immediate

  • HTSUS amendments to superior text for Argentina, Brazil, South Korea
  • supersession of inconsistent prior provisions

Near term (90d)

  • quantitative limitations effective June 1, 2018 for Argentina and Brazil
  • quarterly surge limits (500,000 kg + 30% cap) effective July 1, 2018

Long term

  • annual aggregate limits continue for subsequent years unless modified or terminated
  • ongoing monitoring of agreed measures with excluded countries
  • potential presidential revisit of determinations

Risks & tensions

  • Potential transshipment and import surge risks as excluded countries may serve as conduits for other countries' steel
  • Quarterly surge cap mechanism is complex; 'as set forth on the internet site of CBP' creates implementation uncertainty
  • Presidential revisit clause retains leverage but introduces policy unpredictability
  • EU, Canada, Mexico not resolved—continued trade tension with major allies
  • Monitoring burden on Commerce and CBP with consultation requirements across multiple agencies
Proclamation 9759: Adjusting Imports of Steel Into the United States · Executive Orders