On May 19, 2019, President Trump signed Proclamation 9893 of May 19, 2019 on Adjusting Imports of Aluminum into the United States (published in the Federal Register on May 23, 2019) and Proclamation 9894 of May 19, 2019 on Adjusting Imports of Steel into the United States (published in the Federal Registeron May 21, 2019), which remove the 10% duties on aluminum and 25% duties on steel for goods originating in Canada and Mexico, while maintaining the current level of duties for other countries.

The modifications made by the proclamations are effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 20, 2019, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.

Any imports of aluminum or steel articles from Canada and Mexico that were admitted into a US foreign trade zone under “privileged foreign status” as defined in 19 C.F.R. 146.41, prior to 12:01 a.m. eastern daylight time on May 20, 2019, shall not be subject upon entry for consumption made after 12:01 a.m. eastern daylight time on May 20, 2019, to the additional 10 or 25 percent ad valorem rate of duty imposed by Proclamations 9704, or 9705, as amended.

The tariffs are being removed because the United States has successfully concluded discussions with Canada and Mexico on satisfactory alternative means to address the threatened impairment of the national security posed by aluminum and steel imports from Canada and Mexico.  The United States has agreed on a range of measures with Canada and Mexico to prevent the importation of aluminum and steel that is unfairly subsidized or sold at dumped prices, to prevent the transshipment of aluminum and steel, and to monitor for and avoid import surges.  These measures are expected to allow imports of aluminum and steel from Canada and Mexico to remain stable at historical levels without meaningful increases, thus permitting the domestic capacity utilization to remain reasonably commensurate with the target level recommended in the Secretary of Commerce’s report, which resulted in the Section 232 duties.  In the President’s judgment, these measures will provide effective, long-term alternative means to address the contribution of these countries’ imports to the threatened impairment of the national security.

The steel proclamation also reflects the reduction in the tariff on Turkish steel from 50% to 25% that was made in Proclamation 9886 of May 16, 2019 on Adjusting Imports of Steel into the United States.