Proclamation 9711-Adjusting Imports of Steel Into the United States
Issued 2018-03-22 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 to impose a 25 percent tariff on steel imports coming into the United States. The action was based on a finding by the Secretary of Commerce that steel was being imported in such quantities that it threatened to impair national security. The tariff applied to steel imports from all countries, with certain exceptions.
Initially, Canada and Mexico were exempted from the tariff. This proclamation also exempted steel imports from Australia, Argentina, South Korea, Brazil, and the European Union while the United States continued discussions with these countries about alternative ways to address the national security concerns. The President indicated that countries with important security relationships could discuss other approaches, and if a satisfactory alternative was reached, the restrictions on their steel imports might be removed or modified.
The action affects anyone importing steel into the United States from countries subject to the tariff, as they must pay 25 percent more on those imports. It matters because it changes the cost of steel coming into the country, with the stated goal of protecting national security by addressing concerns about import quantities and global excess steel production capacity.
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 9711-Adjusting Imports of Steel 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 steel articles imports from that country and, if necessary, adjust the tariff as it applies to other countries as the national sec..." 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 9711—Adjusting Imports of Steel Into the United States March 22, 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 mill 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 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States), I concurred in the Secretary's finding that steel mill 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 steel mill articles, as defined in clause 1 of Proclamation 9705, as amended by clause 8 of this proclamation (steel articles), by imposing a 25 percent ad valorem tariff on such articles imported from all countries except Canada and Mexico. 3. In proclaiming this tariff, I recognized that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our internal