Proclamation 9384-To Modify the Harmonized Tariff Schedule of the United States
Issued 2015-12-23 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama issued this proclamation to reduce tariffs—taxes on imported goods—on 54 specific environmental products. Leaders from 21 Asia-Pacific economies, including the United States, had agreed in 2012 to cut tariffs on these environmental goods to 5 percent or less by the end of 2015, and they reaffirmed that commitment in November 2015. The proclamation lowered U.S. tariffs on certain environmental goods that had been taxed at rates of 8 percent, 5.6 percent, and 6.7 percent down to the agreed-upon 5 percent level.
This action affects businesses and consumers involved in importing the 54 environmental goods covered by the agreement. The tariff reductions took effect on December 31, 2015. President Obama acted under authority granted by Congress through the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 and the Protecting Americans from Tax Hikes Act of 2015, which specifically authorized him to implement the environmental goods agreement made by Asia-Pacific Economic Cooperation members.
The proclamation represents the United States fulfilling an international commitment made among Pacific Rim trading partners. While Congress has the constitutional power to regulate foreign commerce and set tariffs, it has delegated significant authority to the President to modify tariffs under certain circumstances, and this action was taken pursuant to that delegated authority.
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 9384-To Modify the Harmonized Tariff Schedule of the United States") imposes or modifies tariffs. The stated rationale is: "to be required or appropriate to carry out an agreement entered into in accordance with section 103(a)." 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 Barack Obama, 2015 Proclamation 9384—To Modify the Harmonized Tariff Schedule of the United States December 23, 2015 By the President of the United States of America A Proclamation 1. On September 9, 2012, leaders of the 21 Asia-Pacific Economic Cooperation (APEC) economies agreed to reduce applied tariff rates to 5 percent or less by the end of 2015 on 54 environmental goods. On November 19, 2015, leaders of the APEC economies reaffirmed that commitment. 2. Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(a)), authorizes the President, under certain circumstances, to proclaim such modification of any existing duty as the President determines to be required or appropriate to carry out an agreement entered into in accordance with section 103(a). The President may proclaim such modification provided that the modification does not reduce the rate of duty to a rate that is less than 50 percent of the rate of such duty that applied on June 29, 2015. 3. Section 502 of the Protecting Americans from Tax Hikes Act of 2015 authorizes the President to exercise the authority under section 103(a)(1)(B) of the Bipartisan Congressional Trade Priorities and Accountability Act of