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Congress has constitutional authority over foreign commerce and tariffs, a power it has partially delegated to the President. Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862, as amended) authorizes the President to take action if the Secretary of Commerce determines that imports of a good threaten U.S. national security. President Trump has imposed Section 232 tariffs on steel, aluminum, and automotive goods based on investigations completed during his first term. On August 1,In August 2025, President Trump also imposed 50% tariffs on certain copper imports under Section 232. The copper tariffs arewere President Trump's first action based on an investigation by the Commerce Departmenta Section 232 investigation completed during his second term. President Trump modified these copper tariffs in April 2026.
Issues facing Congress include whether to support, curb, or exercise oversight of the executive branch's use of Section 232 copper tariffs and whether to monitorto consider the potential implications of copper tariffs for the U.S. economy and relations with trading partners.
Copper is used in a variety of sectors, including construction, electronics, transportation equipment, energy infrastructure and technology, and consumer products. According to estimated data from the U.S. Geological Survey (USGS), in 20242025, the United States produced 1.1 million tons of copper, refined 890,000 tons of copper, and relied on imports for about 4557% of total U.S. refined copper consumption. President Trump has asserted that "copper is the second most widely used material by the Department of Defense" (which is using "Department of War" as a "secondary title" under Executive Order 14347 dated September 5, 2025) and is "indispensable" for critical U.S. infrastructure. The Department of Energy included copper on its 2023 critical materials list, and USGS has proposed includingadded copper into its 2025 critical minerals list.
Upon President Trump's direction, in March 2025, the Commerce Secretary initiated an investigation into imports of "copper in all forms, including, but not limited to, raw mined copper; copper concentrates; refined copper; copper alloys; scrap copper; and derivative products" (products containing copper). Table 1 gives aa Section 232 investigation into copper imports. Table 1 compares the timeline of the Section 232 copper investigation in comparison to the Section 232 steel investigation(144 days from initiation to tariff implementation) to the Section 232 steel investigation, the first to be launched and concluded during the first Trump Administration.
|
Action |
Steel (2017-2018) |
Copper (2025) |
|
Commerce Secretary initiates investigation |
April 19, 2017 |
March 10, 2025 |
|
Public hearing held |
May 24, 2017 |
N/A |
|
Public comments due |
May 31, 2017 |
April 1, 2025 |
|
Commerce Secretary submits report to President |
January 11, 2018 |
June 30, 2025 |
|
President decides to take action |
March 8, 2018 (Proclamation 9705) |
July 30, 2025 (Proclamation 10962) |
|
Tariffs first go into effect |
March 23, 2018 |
August 1, 2025 |
Total calendar days from initiation to tariff implementation 338 days 144 days
Source: CRS, based on various executive branch documents published in the Federal Register.
OnIn July 302025, President Trump issued a proclamation stating that the Secretary of Commerce had submitted to himCommerce Secretary had submitted a report finding that copper imports threaten to impair U.S. national security. As of September 29, 2025To date, the Commerce report had not been published. According to the proclamation, U.S. copper production "has plummeted." and "unfair trade practices abroad, exacerbated by overly burdensome environmental regulations at home, have hollowed out United States copper refining and smelting, caused the United States to be overly reliant on foreign copper imports, and prevent a path forward without strong corrective action." According to has not been published. According to President Trump, the Commerce Secretary recommended a range of actions including an immediate 30% tariff on semi-finished copper products and intensive copper derivative products, ;
a phased universal tariff on refined copper of 15% in 2027 and 30% in 2028, ;
a domestic sales requirements starting at 25% in 2027 for copper input materials,; and
a 25% domestic sales requirement and export controls for high-quality copper scrap. The Commerce Secretary is to provide the President with an update on U.S. copper markets by June 30, 2026, after which the President may then determine whether to impose a phased duty on refined copper.
Product Exempt from Copper Tariffs? Goods covered by Section 232 automotive tariffs Yes (Proclamation 10962) Goods traded under the U.S.-Mexico-Canada Agreement (USMCA) Certain goods imported for U.S. motorcycle production Yes (Proclamation 11021) Certain aircraft goods under bilateral deals with partners such as the European Union, the United Kingdom, Japan, and South Korea Yes (Proclamation 11021) Source: CRS from various presidential documents as of April 23, 2026. In 2025, the United States imported $7.2 billion worth of semi-finished copper products (25% by value from the EU and 20% from Canada) and $9.0 billion worth of copper-intensive derivative products (31% by value from China and 26% from Mexico).
Products Covered by Section 232 Copper Tariffs Source: CRS with U.S. Census Bureau data, as presented by Trade Data Monitor, accessed April 15, 2026. Based on product codes in U.S. Customs and Border Protection, Cargo Systems Messaging Services #68253075, April 3, 2026.Based on the Commerce report, President Trump declared that, starting August 1, he would imposeduties on refined copper.
Starting August 1, 2025, President Trump imposed 50% tariffs on global imports of semi-finished copper products (such ase.g., copper pipes, wires, rods, sheets, and tubes) and copper-intensive derivative products (e.g., cables and connectors). President Trump did not impose Section 232 tariffs on copper input materials (such as copper ores, concentrates, mattes, cathodes, and anodes) or copper scrap. Section 232 tariffs applied only to the copper content of a product, and non-copper content remained subject to other duties. The Commerce Secretary was to establish an "inclusions" process to add copper derivatives to the list of goods covered by Section 232 tariffs.
Effective April 6, 2026, President Trump imposed a 50% tariff on the full value of semi-finished copper products and 25% on the full value of copper-intensive derivative products (10% if at least 95% of the copper, steel, and aluminum in the product is U.S.-sourced). President Trump also terminated the inclusions process; he authorized the Commerce Secretary and the U.S. Trade Representative to add copper derivatives within the scope of tariffs on a rolling basis after a joint determination. They may also "reconsider" inclusion decisions, "including by modifying or reversing their decisions." Goods covered by Section 232 tariffs are exempt from global, temporary tariffs under Section 122 of the Trade Act of 1974. See Table 2 for treatment of selected products under Section 232 copper tariffs.
Table 2. Treatment of Selected Products under Section 232 Copper Tariffs
Potential Implications for the U.S. Economy
In 2025, the United States imported $16.2 billion worth of copper products included in the April 2026 proclamation (Figure 1).
Some analysts
such as pipe fittings, cables, connectors, and electrical components). The United States imported $15.5 billion worth of such products in 2024. Figure 1 lists the top sources of 2024 U.S. imports of copper products covered by the Section 232 tariffs.
According to a White House fact sheet, copper input materials (such as copper ores, concentrates, mattes, cathodes, and anodes) and copper scrap are not subject to Section 232 or country-specific tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA; 50 U.S.C. §§1701 et seq.).
Section 232 tariffs apply only to the copper content of a product. Non-copper content remains subject to other duties. Copper tariffs do not apply to goods covered by Section 232 automotive tariffs. The Commerce Secretary also is to establish a process to include additional products containing copper to the list of goods covered by Section 232 tariffs, consistent with the process established for steel and aluminum products.
Under a bilateral U.S.-Japan deal, certain aircraft goods from Japan are exempt from most tariffs, including copper tariffs. The copper tariff proclamation stated that consistent with its bilateral deal with the United Kingdom (UK), the United States "intends to coordinate" with the UK "to adopt a structured, negotiated approach to addressing the national security threat in the copper sector."
Some observers assert that targeted tariffs could provide support for U.S. copper producers and reiterate long-standing calls for pursuing additional regulatory actions to promote U.S. mining, processing, and manufacturing. Other observers caution that U.S. tariffs could increase costs for U.S. businesses, alienate trading partners, encourage copper exporters to seek other markets (e.g., China), and lead to copper shortages in the United States.
Issues Facing Congress
Some Members advocate for expanding the President's tariff authorities, including under Section 232 (e.g., H.R. 735). Others argue that Congress should play a stronger role in setting and approving U.S. trade policy, including tariffs (e.g., S. 1272/H.R. 2665, S. 348, H.R. 1903, H.R. 2888). A related issue is the extent to which Congress should exercise oversight of the Trump Administration's ongoing negotiations with foreign trading partners, including on Section 232 copper tariffs. Members may consider whether to exercise greater oversight of executive branch-led trade negotiations, whether Section 232 tariffs violate U.S. trade obligations, whether to seek changes to existing trade agreements to increase the effectiveness of tariffs, or whether to mandate reports on the potential economic benefits and costs of tariffs (e.g., H.R. 2287, H.R. 4326). A key issue for the 119th Congress is a scheduled review of the U.S.-Mexico-Canada Agreement (USMCA). As part of their oversight of USMCA, Members may consider whether to urge the Administration to maintain or eliminate Section 232 copper tariffs on Canada and Mexico or exempt USMCA-compliant copper products.partners, including on Section 232 copper tariffs.