Background

President Trump issued July 30 a proclamation that will impose a universal 50 percent tariff on imports of semi-finished copper products (such as copper pipes, wires, rods, sheets, and tubes) and copper-intensive derivative products (such as pipe fittings, cables, connectors, and electrical components), effective with respect to goods entered or withdrawn from warehouse for consumption on or after 12:01 am EDT on Aug. 1.

Investigation. The copper tariff is the result of a Section 232 investigation into the national security impacts of copper imports that was completed in less than half the time allowed by law, perhaps setting a pattern for other Section 232 investigations currently underway.

According to information released by the White House, the investigation concluded that copper is essential to the manufacturing foundation on which U.S. national and economic security depend but that the U.S. is now “dangerously dependent” on imports of foreign semi-finished copper, intensive copper derivative products, and copper-containing products. The investigation determined that unfair trade practices abroad (e.g., state subsidies and overproduction to flood international markets), exacerbated by overly burdensome U.S. environmental regulations, have hollowed out domestic copper refining and smelting and resulted in “an unsustainable dependence” on imports.

Covered Products. More details on products subject to the new tariff will be included in an annex to the proclamation that has not yet been published.

According to a White House fact sheet, the tariff will apply to the copper content of products while the non-copper content will remain subject to “reciprocal” tariffs or other applicable duties. Copper input materials (such as copper ores, concentrates, mattes, cathodes, and anodes) and copper scrap will not be subject to either this tariff or any reciprocal tariffs. In addition, if an imported product is subject to the Section 232 tariff on automobiles, only the auto tariff will apply.

The tariff may be imposed on additional products in the future. The proclamation directs the Department of Commerce to (1) establish within 90 days a process to extend the tariff to additional copper derivative products and (2) update the president on domestic copper markets by June 30, 2026, so he may determine whether to act on the DOC’s recommendation to impose a universal import tariff on refined copper of 15 percent starting Jan. 1, 2027, and 30 percent starting Jan. 1, 2028.

Other. The DOC’s report on the Section 232 investigation also recommended that the U.S. impose export controls on high-quality copper scrap, but the proclamation does not appear to do so. Instead it directs the DOC to require specific amounts of copper input materials (such as copper ores, concentrates, mattes, cathodes, and anodes) produced in the U.S. to be sold in the U.S., starting at percent in 2027 and increasing to 30 percent in 2028 and 40 percent in 2029.

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