Proclamation 9705-Adjusting Imports of Steel Into the United States
Issued 2018-03-08 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On March 8, 2018, President Trump imposed tariffs on imported steel coming into the United States. The action was based on a report from the Secretary of Commerce finding that steel imports were coming into the country in such quantities that they threatened national security. According to the Secretary's findings, global excess steel production capacity was weakening the domestic economy, threatening closures of American steel production facilities, and shrinking the country's ability to meet steel production requirements during a national emergency. The proclamation imposed a 24 percent tariff on steel imports with the goal of reducing imports enough to allow domestic steel producers to use approximately 80 percent of their existing production capacity.
This action affects anyone involved in buying or selling steel—American steel manufacturers, companies that import steel from other countries, and businesses that use steel in their products. The tariff makes imported steel more expensive, which is intended to help American steel producers compete and stay in business. The Secretary of Commerce was authorized to grant exclusions from the tariff for specific steel products where there isn't sufficient U.S. production capacity or for specific national security considerations.
The proclamation was issued under Section 232 of the Trade Expansion Act of 1962, a law that allows the President to restrict imports when they threaten national security. While Congress has delegated this authority to the President through various trade laws, the constitutional assessment notes that such sweeping tariff measures affecting large amounts of commerce raise questions about the separation of powers between the legislative and executive branches.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 9705-Adjusting Imports of Steel Into the United States") imposes or modifies tariffs. The stated rationale is: "reduce imports to a level that the Secretary assessed would enable domestic steel producers to use approximately 80 percent of existing domestic production capacity and thereby achieve long-term economic viability through increased production." 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 9705—Adjusting Imports of Steel Into the United States March 8, 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 (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). 2. 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. The Secretary found that the present quantities of steel articles imports and the circumstances of global excess capacity for producing steel are "weakening our internal economy," resulting in the persistent threat of further closures of domestic steel production facilities and the "shrinking [of our] ability to meet national security production requirements in a national emergency." Because of these risks and the risk that the United States may be unable to "meet [steel] demands for national defense and critical industr