The executive order directs the Secretary of Commerce to conduct an investigation pursuant to Section 232 of the Trade Expansion Act of 1962 regarding “the effects on national security of imports of copper in all forms,” including scrap copper and derivative products. In undertaking this investigation, the President ordered the Secretary of Commerce to consider the following factors:
- the current and projected demand for copper in United States defense, energy, and critical infrastructure sectors;
- the extent to which domestic production, smelting, refining, and recycling can meet demand;
- the role of foreign supply chains, particularly from major exporters, in meeting United States demand;
- the concentration of United States copper imports from a small number of suppliers and the associated risks;
- the impact of foreign government subsidies, overcapacity, and predatory trade practices on United States industry competitiveness;
- the economic impact of artificially suppressed copper prices due to dumping and state-sponsored overproduction;
- the potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over refined copper supplies;
- the feasibility of increasing domestic copper mining, smelting, and refining capacity to reduce import reliance; and
- the impact of current trade policies on domestic copper production and whether additional measures, including tariffs or quotas, are necessary to protect national security.
The executive order directs the Secretary of Commerce to consult with the Secretaries of Defense, Interior, and Energy and the heads of other relevant agencies. The Secretary of Commerce must submit a report with his findings to the President within 270 days of the date of the executive order, along with any recommendations to mitigate any threats caused by copper imports. The executive order contemplates that the proposed remedial actions may include tariffs, export controls, and policy recommendations aimed at strengthening the U.S. copper supply chain.
If the Secretary of Commerce determines that copper imports threaten to impair the national security, the President will have 90 days to determine whether he concurs with the finding and what actions are appropriate to address the threat.
Additional Documentation
- Trump Executive Order - Addressing the Threat to National Security from Imports of Copper
