On Friday, February 28, 2025, the Federal Register published President Trump's executive order directing the U.S. Department of Commerce (Commerce) to investigate the threat various copper imports pose to U.S. national security.1 This investigation could lead to the imposition of tariffs on covered copper imports similar to the 25% section 232 tariffs that are set to become effective on March 12, 2025 on steel articles, aluminum articles, and their derivatives.
Within 270 days , Commerce, in consult with the Departments of Defense, Interior, Energy, and others, is required to report its findings to the President on whether U.S. dependence on copper imports threatens national security.2 The report will also provide recommendations on actions to mitigate such threats, including potential tariffs, export controls, or incentives to increase domestic production; and policy recommendations for strengthening the United States copper supply chain through strategic investments, permitting reforms, and enhanced recycling initiatives.3
Notably, for most of the factors Commerce will be investigating, the U.S. industry is best situated to provide information on the U.S. domestic industry's macro- and micro-economic conditions, as well as challenges experienced during the course of business. Although Commerce has not yet provided details of how it will conduct the investigation, Commerce's past section 232 investigations are instructive. In its investigations on steel, aluminum, and automobiles and automotive parts, Commerce invited interested parties to comment and participate in public hearings.4 Accordingly, for companies that may be affected by this investigation, it is important to understand the issues early and develop a strategy to best serve your interests.
Footnotes
1. See Copper; Efforts to Address National Security Threat From Imports (EO 14220) (Copper Executive Order), Exec. Off. of the President (Feb. 28, 2025), available at https://www.federalregister.gov/public-inspection/2025-03439/copper-efforts-to-address-national-security-threat-from-imports-eo-14220
2. Id. at Section 3(a).
3. Id. at Section 3(b).
4. See, e.g., Notice Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Steel, 82 Fed. Reg. 19,205 (Apr. 26, 2017); Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Aluminum, 82 Fed. Reg. 21,509 (May 9, 2017); Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Automobiles, Including Cars, SUVs, Vans and Light Trucks, and Automotive Parts, 83 Fed. Reg. 24,735 (May 30, 2018)
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