Proclamation 9772-Adjusting Imports of Steel Into the United States
Issued 2018-08-10 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On August 10, 2018, President Trump issued a proclamation raising tariffs on steel imports from Turkey. This built on earlier actions from March 2018, when the administration imposed a 25 percent tariff on steel imports from most countries based on a finding by the Secretary of Commerce that steel was being imported in quantities that threatened national security. This new proclamation specifically doubled the tariff on Turkish steel to 50 percent, effective August 13, 2018.
The action affects steel imports coming into the United States from Turkey, which the Secretary of Commerce identified as one of the major exporters of steel to the U.S. for domestic consumption. The proclamation was issued because imports had not declined as much as expected under the original 25 percent tariff, and domestic steel industry capacity utilization remained below the target level that officials considered necessary for national security purposes.
The President acted under Section 232 of the Trade Expansion Act of 1962, a law that allows the executive branch to adjust imports when they are deemed to threaten national security. While courts have historically upheld presidential tariff actions under this statute, such broad exercises of tariff authority raise questions about the constitutional separation of powers, as Congress holds the authority to regulate foreign commerce and impose duties, though it has delegated significant power to the President through various trade laws.
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 9772-Adjusting Imports of Steel Into the United States") imposes or modifies tariffs. The stated rationale is: "all countries should not be subject to the same tariff." 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 9772—Adjusting Imports of Steel Into the United States August 10, 2018 By the President of the United States of America A Proclamation 1. On January 11, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of steel 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). The Secretary found and advised me of his opinion that steel 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. 2. In Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States), I concurred in the Secretary's finding that steel articles, as defined in clause 1 of Proclamation 9705, as amended by clause 8 of Proclamation 9711 of March 22, 2018 (Adjusting Imports of Steel Into the United States), 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 these steel articles by imposing a 25 percent ad valorem tariff