On May 16, 2019, President Trump signed a Proclamation on Adjusting Imports of Steel into the United States, which removes the higher 50 percent ad valorem tariff on steel imports from Turkey imposed by Proclamation 9772, and to instead imposes a 25 percent ad valorem tariff on steel imports from Turkey, commensurate with the tariff imposed on such articles imported from most countries.
The Proclamation:
- Modifies subchapter III of chapter 99 of the HTSUS as provided in the Annex to the proclamation and any subsequent proclamations regarding such steel articles.
- Provides that, except as otherwise provided in notices published pursuant to clause 3 of the proclamation, all steel articles imports from Turkey covered by heading 9903.80.02, in subchapter III of chapter 99 of the HTSUS, shall be subject to a 50 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on August 13, 2018 and prior to 12:01 a.m. EDT on May 21, 2019. All steel articles imports covered by heading 9903.80.61, in subchapter III of chapter 99 of the HTSUS, shall be subject to the additional 25 percent ad valorem rate of duty established herein with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on the date specified in a determination by the Secretary granting relief. These rates of duty, which are in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from each country as specified in the preceding three sentences.
- Deletes the text of U.S. note 16(a)(i) to subchapter III of chapter 99 of the HTSUS, “Except as provided in U.S. note 16(a)(ii), which applies to products of Turkey that are provided for in heading 9903.80.02, heading 9903.80.01 provides” and inserts the following in lieu thereof: “Heading 9903.80.01 provides”.
- Deletes Heading 9903.80.02, in subchapter III of chapter 99 of the HTSUS, and its accompanying material, and U.S. note 16(a)(ii) to subchapter III of chapter 99 of the HTSUS.
- Amends paragraphs (b), (c), and (d) of U.S. note 16 to subchapter III of chapter 99 of the HTSUS by replacing “headings 9903.80.01 and 9903.80.02” with “heading 9903.80.01”.
- Amends the “Article description” for heading 9903.80.01 in subchapter III of chapter 99 of the HTSUS is amended by replacing “of Brazil, of Turkey” with “of Brazil”.
- Provides that the above modifications to the HTSUS shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on May 21, 2019 and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.
- Provides that any steel articles imports from Turkey that were admitted into a United States foreign trade zone under “privileged foreign status” as defined in 19 C.F.R. 146.41, prior to 12:01 a.m. EDT on May 21, 2019, shall be subject upon entry for consumption on or after such time and date to the ad valorem rate of duty in heading 9903.80.01 in subchapter III of chapter 99 of the HTSUS.
