Proclamation 9694-To Facilitate Positive Adjustment to Competition From Imports of Large Residential Washers
Issued 2018-01-23 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On January 23, 2018, President Trump issued a proclamation imposing tariffs on imported large residential washing machines and certain washer parts. This action came after the United States International Trade Commission investigated and determined that increased imports of washers were causing serious injury to the domestic washing machine industry. The tariffs apply to complete washing machines as well as specific parts including cabinets, assembled tubs, and assembled baskets designed for use in washers.
The action affects washing machines imported into the United States, with specific exceptions for imports from Canada. According to the proclamation, imports from Canada do not account for a substantial share of total imports and do not contribute importantly to the injury found by the Commission. Imports from Mexico were found to account for a substantial share of total imports.
President Trump acted under authority granted by Congress through Section 203 of the Trade Act of 1974, which allows the President to implement "safeguard measures" when imports are found to cause serious injury to domestic industries. The stated purpose is to facilitate efforts by the domestic washing machine industry to adjust to import competition and to provide economic and social benefits. While Congress has delegated significant tariff authority to the President through various trade statutes, the scope of this delegation and its compatibility with Congress's constitutional power over commerce and duties remains a subject of legal debate.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 9694-To Facilitate Positive Adjustment to Competition From Imports of Large Residential Washers") imposes or modifies tariffs on From. The stated rationale is: "further action is appropriate and feasible to facilitate efforts by the domestic industry to make a positive adjustment to import competition and to provide greater economic and social benefits than costs, or if I determine that the conditions under ..." 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 9694—To Facilitate Positive Adjustment to Competition From Imports of Large Residential Washers January 23, 2018 By the President of the United States of America A Proclamation 1. On December 4, 2017, the United States International Trade Commission (ITC) transmitted to the President a report (the "ITC Report") on its investigation under section 202 of the Trade Act of 1974, as amended (the "Trade Act") (19 U.S.C. 2252), with respect to imports of large residential washers ("washers"). The product subject to the ITC's investigation and determination excluded certain washers described in the ITC Notice of Institution, 82 Fed. Reg . 27075 (June 13, 2017), and listed in subdivision (c)(2) of Note 17 in the Annex to this proclamation. 2. The ITC reached an affirmative determination under section 202(b) of the Trade Act (19 U.S.C. 2252(b)) that the following products are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or threat of serious injury, to the domestic industries producing like or directly competitive articles: (a) washers; and (b) certain washer parts, including (i) a