Proclamation 9759-Adjusting Imports of Steel Into the United States
Issued 2018-05-31 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On May 31, 2018, President Trump issued a proclamation adjusting steel import tariffs that he had previously imposed. In March 2018, the President had 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 to impair national security. At that time, the President said he would consider alternative arrangements with countries that have security relationships with the United States.
This proclamation continued discussions with several countries—Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the European Union—about alternative ways to address the national security concerns. The United States reached agreements with Argentina, Australia, and Brazil that included measures to reduce excess steel production, prevent transshipment of steel, and avoid import surges. Based on these agreements, the President determined that steel imports from these countries no longer threatened national security.
The action affects steel imports from these specific countries and the tariffs paid by companies importing steel. While Congress has delegated authority to the President to impose tariffs for national security reasons under the Trade Expansion Act of 1962, there are questions about how broadly this power extends when tariff measures affect large amounts of commerce.
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 9759-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 se..." 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 9759—Adjusting Imports of Steel Into the United States May 31, 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 (steel articles), by imposing a 25 percent ad valorem tariff on such articles imported from most countries, beginning March 23, 2018. I further stated that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country