Proclamation 9888-Adjusting Imports of Automobiles and Automobile Parts Into the United States
Issued 2019-05-17 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On May 17, 2019, President Trump issued a proclamation addressing automobile and automobile parts imports based on national security concerns. The action followed a Commerce Department investigation that examined how imports of passenger vehicles (including sedans, SUVs, minivans, and cargo vans), light trucks, and certain auto parts (engines, transmissions, and electrical components) affect U.S. national security. The investigation found that American automotive research and development is critical to maintaining military technological advantage in areas like engine technology, electrification, autonomous driving, and advanced connectivity, and that the defense industrial base depends on the American-owned automotive sector for developing these essential technologies.
The proclamation noted significant changes in the American automotive market over three decades. American-owned producers' share of the domestic market dropped from 67 percent in 1985 to 22 percent in 2017, while imports nearly doubled during that period. The investigation found that protected foreign markets, particularly in the European Union and Japan, impose barriers to American automotive imports, which has contributed to American-owned producers' global market share falling from 36 percent in 1995 to 12 percent in 2017. This decline has reduced American producers' ability to fund necessary research and development.
The action affects anyone who manufactures, sells, or buys automobiles and automobile parts in the United States. According to the proclamation, maintaining robust sales revenue for American-owned automotive producers is necessary to support the research and development spending needed for long-term technological superiority essential to national defense. The constitutional authority for such trade actions has been debated, as it involves the scope of congressional delegation of tariff powers to the President.
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 9888-Adjusting Imports of Automobiles and Automobile Parts Into the United States") imposes or modifies tariffs. The stated rationale is: "technological leadership that can meet national defense requirements." 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, 2019 Proclamation 9888—Adjusting Imports of Automobiles and Automobile Parts Into the United States May 17, 2019 By the President of the United States of America A Proclamation 1. On February 17, 2019, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effects of imports of passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans, and cargo vans) and light trucks (collectively "automobiles") and certain automobile parts (engines and engine parts, transmissions and powertrain parts, and electrical components) 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 report found that automotive research and development (R&D) is critical to national security. The rapid application of commercial breakthroughs in automobile technology is necessary for the United States to retain competitive military advantage and meet new defense requirements. Important innovations are occurring in the areas of engine and powertrain technology, electrification, lightweighting, advanced connectivity, and autonomous driving. The United States defense industrial base depends on t