[House Document 119-82]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session - - - - - - - - - - - - - House Document 119-82
ADJUSTING IMPORTS OF COPPER
INTO THE UNITED STATES
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A PROCLAMATION ADJUSTING IMPORTS OF COPPER INTO THE
UNITED STATES, PURSUANT TO 50 U.S.C. 1641(b); PUBLIC LAW
94-412, SEC. 401(b); (90 STAT. 1257)
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August 8, 2025.--Referred to the Committee on Ways and Means and
ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2025
The White House,
Washington, August 7, 2025.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with applicable law, including
section 232(c)(2) of the Trade Expansion Act of 1962, as
amended, 19 U.S.C. 1862(c)(2) (section 232), I am providing
notice of the reasons why I have decided to take action to
adjust imports of copper articles and certain derivative copper
articles so that such imports will not threaten to impair the
national security of the United States.
On June 30, 2025, the Secretary of Commerce (Secretary), in
accordance with section 232, transmitted to me a report on his
investigation into the effects of imports of copper in all
forms (copper), including copper ores, copper concentrates,
refined copper, copper alloys, scrap copper, and derivative
products, on the national security of the United States. Based
on the facts considered in that investigation, the Secretary
found and advised me of his opinion that copper is being
imported into the United States in such quantities and under
such circumstances as to threaten to impair the national
security of the United States.
In the Proclamation of July 30, 2025, titled ``Adjusting
Imports of Copper Into the United States'' (Proclamation), and
after considering the Secretary's report, the factors in
section 232(d), 19 U.S.C. 1862(d), and other relevant factors,
I concurred with the Secretary's finding that copper is being
imported into the United States in quantities and under
circumstances that threaten to impair the national security of
the United States. In my judgment, and in light of the
Secretary's report, the factors in section 232(d), 19 U.S.C.
1862(d), and other relevant factors, I determined that it is
necessary and appropriate to impose tariffs, as described
further in the Proclamation, to adjust imports of copper and
certain derivative copper articles so that such imports will
not threaten to impair the national security of the United
States. The action in the Proclamation will, among other
things, help increase domestic production of semi-finished
copper products and intensive copper derivative products,
thereby reducing our Nation's reliance on foreign sources. It
will ensure that domestic fabricators are able to supply
sufficient quantities of copper products essential for
infrastructure, defense systems, and advanced manufacturing.
This action will also promote investment, employment, and
innovation in the domestic copper fabrication sector,
strengthen supply chains, enhance industrial resilience, and
generate meaningful economic benefits. This action will adjust
the imports of semi-finished copper products, intensive copper
derivative products, and certain other copper derivatives and
is necessary and appropriate to address the threat to impair
the national security of the United States posed by imports of
such articles.
I am enclosing a copy of the Proclamation that I have
issued. The Proclamation further explains the circumstances
underlying the threat to impair the national security of the
United States posed by imports of copper articles and certain
derivative copper articles, and the actions taken in the
Proclamation to eliminate that threat.
Sincerely,
Donald J. Trump.
Adjusting Imports of Copper Into the United States
----------
By the President of the United States of America
A Proclamation
1. On June 30, 2025, the Secretary of Commerce (Secretary)
transmitted to me a report on his investigation into the
effects of imports of copper in all forms (copper), including
copper ores, copper concentrates, refined copper, copper
alloys, scrap copper, and derivative products, on the national
security of the United States under section 232 of the Trade
Expansion Act of 1962, as amended, 19 U.S.C. 1862 (section
232). Based on the facts considered in that investigation, the
Secretary found and advised me of his opinion that copper is
being imported into the United States in such quantities and
under such circumstances as to threaten to impair the national
security of the United States.
2. The Secretary found that the present quantities of
copper imports and the circumstances of global excess capacity
for producing copper are weakening our economy, resulting in
the persistent threat of further closures of domestic copper
production facilities and the shrinking of our ability to meet
national security production requirements. Because of these
risks, and taking into account the close relation of the
economic welfare of the Nation to our national security and
other relevant factors, see 19 U.S.C. 1862(d), the Secretary
found that the present quantities and circumstances of copper
imports threaten to impair the national security as provided in
section 232.
3. In reaching this conclusion, the Secretary found that
copper is essential to the manufacturing foundation on which
United States national and economic security depend. Copper is
the second most widely used material by the Department of
Defense and is a necessary input in a range of defense systems,
including aircraft, ground vehicles, ships, submarines,
missiles, and ammunition. Copper also plays a central role in
the broader United States industrial base. The metal's
exceptional electrical conductivity and durability also make it
indispensable to critical infrastructure sectors that support
the American economy, national security, and public health.
Alternatives to copper are insufficient substitutes for these
vital industries and products in many circumstances.
4. The Secretary found that the United States was a world
leader across the value chain of copper production (mining,
refining, semi-finished goods, and finished goods containing
copper) for most of the 20th century. But despite copper being
a crucial material in manufacturing and for the national and
economic security of the United States, United States copper
production has plummeted. Today, a single foreign country
dominates global copper smelting and refining, controlling over
50 percent of global smelting capacity and holding four of the
top five largest refining facilities.
5. The Secretary found that unfair trade practices abroad,
exacerbated by overly burdensome environmental regulations at
home, have hollowed out United States copper refining and
smelting, caused the United States to be overly reliant on
foreign copper imports, and prevent a path forward without
strong corrective action. Foreign competitors leverage state
subsidies and overproduction to flood international markets
with artificially low-priced copper products, driving United
States producers out of business. The United States is now
dangerously dependent on foreign imports of semi-finished
copper, intensive copper derivative products, and copper-
containing products, and imbalances in the global markets make
domestic investment increasingly unviable.
6. The Secretary found that United States dependency on
foreign sources of copper is a national security vulnerability
that could be exploited by foreign countries, weakens United
States industrial resilience, exposes the American people to
supply chain disruptions, economic instability, and strategic
vulnerabilities, and jeopardizes the United States defense
industrial base.
7. In light of these findings, the Secretary recommended a
range of actions to adjust the imports of copper so that such
imports will not threaten to impair the national security. For
example, the Secretary recommended an immediate universal 30
percent import duty on semi-finished copper products and
intensive copper derivative products. The Secretary also
recommended a phased universal tariff on refined copper of 15
percent starting in 2027 and 30 percent starting in 2028. The
Secretary further recommended a domestic sales requirement for
copper input materials starting at 25 percent in 2027, a
domestic sales requirement of 25 percent for high-quality
copper scrap, and export controls for high-quality copper
scrap.
8. After considering the Secretary's report, the factors in
section 232(d), 19 U.S.C. 1862(d), and other relevant factors,
among other things, I concur with the Secretary's finding that
copper is being imported into the United States in quantities
and under circumstances that threaten to impair the national
security of the United States. In my judgment, and in light of
the Secretary's report, the factors in section 232(d), 19
U.S.C. 1862(d), and other relevant factors, among other things,
I also determine that it is necessary and appropriate to impose
tariffs, as described below, to adjust imports of copper 4 and
its derivatives so that such imports will not threaten to
impair the national security of the United States.
9. To ensure that the tariffs on copper in this
proclamation are not circumvented and that the purpose of this
action to address the threat to impair the national security of
the United States posed by imports of copper is not undermined,
I also deem it necessary and appropriate to set up a process to
identify and impose tariffs on certain derivatives of copper,
as further described below.
10. In my judgment, the action in this proclamation will,
among other things, help increase domestic production of semi-
finished copper products and intensive copper derivative
products, thereby reducing our Nation's reliance on foreign
sources. It will ensure that domestic fabricators are able to
supply sufficient quantities of copper products essential for
infrastructure, defense systems, and advanced manufacturing.
This action will also promote investment, employment, and
innovation in the domestic copper fabrication sector,
strengthen supply chains, enhance industrial resilience, and
generate meaningful economic benefits. This action will adjust
the imports of semi-finished copper products, intensive copper
derivative products, and certain other copper derivatives and
is necessary and appropriate to address the threat to impair
the national security of the United States posed by imports of
such articles.
11. Section 232 authorizes the President to adjust the
imports of an article and its derivatives that are being
imported into the United States in such quantities or under
such circumstances as to threaten to impair the national
security so that such imports will not threaten to impair the
national security.
12. Section 604 of the Trade Act of 1974, as amended, 19
U.S.C. 2483, authorizes the President to embody in the
Harmonized Tariff Schedule of The United States (HTSUS) the
substance of statutes affecting import treatment, and actions
thereunder, including the removal, modification, continuance,
or imposition of any race of duty or other import restriction.
13. Consistent with the General Terms for the United States
of America and the United Kingdom of Great Britain and Northern
Ireland Economic Prosperity Deal (May 8, 2025), the United
States intends to coordinate with the United Kingdom to adopt a
structured, negotiated approach to addressing the national
security threat in the copper sector.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United
States of America, by the authority vested in me by the
Constitution and the laws of the United States of America, by
the authority vested in me by the Constitution and the laws of
the United States of America, including section 232; the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.); section 101 of the Defense Production Act of 1950 (DPA),
as amended, 50 U.S.C. 4511; section 301 of title 3, United
States Code; and section 604 of the Trade Act of 1974, as
amended, 19 U.S.C. 2483, do hereby proclaim as follows:
(1) Except as otherwise provided in this proclamation, all
imports of semi-finished copper products and intensive copper
derivative products, as set forth in the Annex to this
proclamation, shall be subject to a 50 percent tariff. This
tariff shall be 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 August 1, 2025, and
shall continue in effect, unless such action is expressly
reduced, modified, or terminated. This tariff is in addition to
any other duties, fees, exactions, and charges applicable to
such imported semi-finished copper products and intensive
copper derivative products, unless stated otherwise below.
(2) The Secretary, in consultation with the United States
International Trade Commission and U.S. Customs and Border
Protection (CBP), shall determine whether any modificatIons to
the HTSUS are necessary to effectuate this proclamation and
shall make such modifications through notice in the Federal
Register if needed.
(3) Within 90 days after the date of this proclamation, the
Secretary shall establish a process for including additional
derivative copper articles within the scope of the duties of
this proclamation, consistent with the processes established
pursuant to Proclamation 10895 of February 10, 2025 (Adjusting
Imports of Aluminum Into the United States) and Proclamation
10896 of February 10, 2025 (Adjusting Imports of Steel Into the
United States).
(4) The non-copper content of all copper articles subject
to this proclamation shall be subject to tariffs pursuant to
Executive Order 14257 of April 2, 2025 (Regulating Imports With
a Reciprocal Tariff To Rectify Trade Practices That Contribute
to Large and Persistent Annual United States Goods Trade
Deficits), and any other applicable duties, including those
imposed by Executive Order 14193 of February 1, 2025 (Imposing
Duties To Address the Flow of Illicit Drugs Across Our Northern
Border), as amended, Executive Order 14194 of February 1, 2025
(Imposing Duties To Address the Situation at Our Southern
Border), as amended, and Executive Order 14195 of February 1,
2025 (Imposing Duties To Address the Synthetic Opioid Supply
Chain in the People's Republic of China), as amended. The
additional duties described in clauses 1 through 3 of this
proclamation shall apply only to the copper content of articles
subject to this proclamation. CBP shall issue authoritative
guidance mandating strict compliance with declaration
requirements for copper content in imported articles and
outlining maximum penalties for noncompliance, including that
importers who submit underreported declarations may be subject
to severe consequences, such as significant monetary penalties,
loss of import privileges, and criminal liability, consistent
with United States law.
(5) if any product is subject to tariffs under both this
proclamation and Proclamation 10908 of March 26, 2025
(Adjusting Imports of Automobiles and Automobile Parts Into the
United States), as amended, the product shall be subject to the
duties imposed pursuant to Proclamation 10908, as amended, and
not those imposed pursuant to this proclamation.
(6) Any product described in clause 1 of this proclamation,
except those eligible for admission as ``domestic status'' as
described in 19 CFR 146.43, that is subject to a duty imposed
by this proclamation and that is admitted into a United States
foreign trade zone on or after the effective date of this
proclamation must be admitted as ``privileged foreign'' status
as described in 19 CFR 146.41, and will be subject upon entry
for consumption to any ad valorem rates of duty related to the
classification under the applicable HTSUS subheading.
(7) The Secretary shall continue to monitor imports of
copper and its derivatives. The Secretary shall, from time to
time, in consultation with any senior executive branch
officials the Secretary deems appropriate, review the status of
copper and copper derivative imports with respect to national
security. The Secretary shall inform the President of any
circumstances that, in the Secretary's opinion, might indicate
the need for further action by the President under section 232.
By June 30, 2026, the Secretary shall provide the President
with an update on domestic copper markets, including refining
capacity and the market for refined copper in the United
States, so that the President may determine whether imposing a
phased universal import duty on refined copper of 15 percent
starting on January 1, 2027, and 30 percent starting on January
1, 2028, as recommended by the June 30, 2025, report, is
warranted to ensure that copper imports do not continue to
threaten to impair the national security. The Secretary shall
also inform the President of any circumstance that, in the
Secretary's opinion, might indicate that the duty rate provided
for in this proclamation, or any actions modifying this
proclamation, is no longer necessary.
(8) Separately, I find that copper input materials and
high-quality copper scrap meet the criteria specified in
section 101(b) of the DPA, 50 U.S.C. 4511(b). Pursuant to the
authority delegated to the Secretary in Executive Order 13603
of March 16, 2012 (National Defense Resources Preparedness),
the Secretary shall take all appropriate action to implement
the domestic sales requirements that he recommended in the June
30, 2025, report.
(9) The Secretary may issue regulations, rules, guidance,
and procedures consistent with the purpose of this
proclamation, including to address operational necessity.
(10) No drawback shall be available with respect to the
duties imposed pursuant to this proclamation.
(11) CBP may take any necessary or appropriate measure to
administer the tariff imposed by this proclamation.
(12) Any provision of previous proclamations and Executive
Orders that is inconsistent with the actions taken in this
proclamation is superseded to the extent of such inconsistency.
If any provision of this proclamation, or the application of
any provision to any individual or circumstance, is held to be
invalid, the remainder of this proclamation and the application
of its provisions to any other individuals or circumstances
shall not be affected.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of July, in the year of our Lord two thousand
twenty-five, and of the Independence of the United States of
America the two hundred and fiftieth.
Donald J. Trump.
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