Proclamation 9758-Adjusting Imports of Aluminum Into the United States
Issued 2018-05-31 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Trump issued this proclamation in May 2018 to adjust tariffs on aluminum imports. Earlier that year, he had imposed a 10 percent tariff on aluminum coming into the United States from most countries, based on a finding that these imports threatened national security. The tariff went into effect in March 2018, but the President temporarily exempted certain countries with security relationships with the U.S., including Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the European Union, to allow time for discussions on alternative approaches.
This proclamation modifies those exemptions. The United States reached agreements with Argentina and Australia on measures to reduce aluminum production capacity, prevent aluminum from being rerouted through other countries to avoid tariffs, and avoid sudden surges in imports. Because of these agreements, the President determined that aluminum imports from Argentina and Australia no longer threatened national security in the same way, and made changes to how the tariff applied to those countries.
The action affects companies and industries that import aluminum into the United States, as well as aluminum producers in the affected countries. The constitutional authority for this tariff comes from Congress's delegation of power to the President under Section 232 of the Trade Expansion Act of 1962, which allows tariffs based on national security concerns, though the scope of such presidential authority in trade matters involves ongoing constitutional questions about the separation of powers.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 9758-Adjusting Imports of Aluminum Into the United States") imposes or modifies tariffs. The stated rationale is: "imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on aluminum articles imports from that country and, if necessary, adjust the tariff as it applies to other countries, as the national..." Under Article I, Section 8, Congress holds the power to "regulate Commerce with foreign Nations" and to "lay and collect Duties." However, Congress has delegated significant tariff authority to the President through statutes like Section 232 of the Trade Expansion Act (national security tariffs) and Section 301 of the Trade Act (unfair trade practices).
The constitutional question is the scope of that delegation. Courts have historically upheld broad presidential trade actions under these statutes. But sweeping tariff measures that effectively rewrite trade policy — affecting billions in commerce — raise non-delegation doctrine concerns. When the executive branch makes economic policy of this magnitude unilaterally, it sits at the edge of the separation of powers.
Official Summary
Administration of Donald J. Trump, 2018 Proclamation 9758—Adjusting Imports of Aluminum Into the United States May 31, 2018 By the President of the United States of America A Proclamation 1. On January 19, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of aluminum articles 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). 2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States), I concurred in the Secretary's finding that aluminum articles are 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, and decided to adjust the imports of aluminum articles, as defined in clause 1 of Proclamation 9704, as amended (aluminum articles), by imposing a 10 percent ad valorem tariff on such articles imported from most countries, beginning March 23, 2018. I further stated that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that coun