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Executive Order 14220
Addressing the Threat to National Security From Imports of Copper
Signed February 25, 2025, printed at 90 FR 11001. 3 sections of substance, 946 words.
This order looks at copper coming in from abroad. It asks whether that trade puts the country at risk.
Sec. 1. Policy
Copper is a critical material essential to the national security, economic strength, and industrial resilience of the United States. Copper, scrap copper, and copper's derivative products play a vital role in defense applications, infrastructure, and emerging technologies, including clean energy, electric vehicles, and advanced electronics. The United States faces significant vulnerabilities in the copper supply chain, with increasing reliance on foreign sources for mined, smelted, and refined copper. The United States has ample copper reserves, yet our smelting and refining capacity lags significantly behind global competitors. A single foreign producer dominates global copper smelting and refining, controlling over 50 percent of global smelting capacity and holding four of the top five largest refining facilities. This dominance, coupled with global overcapacity and a single
Copper is a critical material essential to the national security, economic strength, and industrial resilience of the United States. Copper, scrap copper, and copper's derivative products play a vital role in defense applications, infrastructure, and emerging technologies, including clean energy, electric vehicles, and advanced electronics. The United States faces significant vulnerabilities in the copper supply chain, with increasing reliance on foreign sources for mined, smelted, and refined copper. The United States has ample copper reserves, yet our smelting and refining capacity lags significantly behind global competitors. A single foreign producer dominates global copper smelting and refining, controlling over 50 percent of global smelting capacity and holding four of the top five largest refining facilities. This dominance, coupled with global overcapacity and a single
This sets out the case the order makes. It says copper is vital to defense and building. It names clean energy and electronics. It says too much now comes from abroad. It says the country holds ample ore. It says smelting here lags far behind. It says one foreign producer holds over half the world's smelting.
Sec. 2. Investigation Into the National Security Impact of Copper Imports
(a) The Secretary of Commerce shall initiate an investigation under section 232 of the Trade Expansion Act to determine the effects on national security of imports of copper in all forms, including but not limited to: (i) raw mined copper; (ii) copper concentrates; (iii) refined copper; (iv) copper alloys; (v) scrap copper; and (vi) derivative products. (b) In conducting the investigation described in subsection (a) of this section, the Secretary of Commerce shall assess the factors set forth in 19 U.S.C. 1862(d), labeled ``Domestic production for national defense; impact of foreign competition on economic welfare of domestic industries,'' as well as other relevant factors, including: (i) the current and projected demand for copper in United States defense, energy, and critical infrastructure sectors; (ii) the extent to which domestic production, smelting, refining, and recycling can
(a) The Secretary of Commerce shall initiate an investigation under section 232 of the Trade Expansion Act to determine the effects on national security of imports of copper in all forms, including but not limited to: (i) raw mined copper; (ii) copper concentrates; (iii) refined copper; (iv) copper alloys; (v) scrap copper; and (vi) derivative products. (b) In conducting the investigation described in subsection (a) of this section, the Secretary of Commerce shall assess the factors set forth in 19 U.S.C. 1862(d), labeled ``Domestic production for national defense; impact of foreign competition on economic welfare of domestic industries,'' as well as other relevant factors, including: (i) the current and projected demand for copper in United States defense, energy, and critical infrastructure sectors; (ii) the extent to which domestic production, smelting, refining, and recycling can
This starts a trade study. Commerce must run it under a 1962 law. It covers copper in every form. Mined ore, refined metal and scrap are named. It must weigh demand from defense and energy. It must ask whether mills here can meet that demand.
Sec. 3. Required Actions
(a) The Secretary of Commerce shall consult with the Secretary of Defense, the Secretary of the Interior, the Secretary of Energy, and the heads of other relevant executive departments and agencies as determined by the Secretary of Commerce to evaluate the national security risks associated with copper import dependency. (b) Within 270 days of the date of this order, the Secretary of Commerce shall submit a report to the President that includes: (i) findings on whether United States dependence on copper imports threatens national security; (ii) recommendations on actions to mitigate such threats, including potential tariffs, export controls, or incentives to increase domestic production; and (iii) policy recommendations for strengthening the United States copper supply chain through strategic investments, permitting reforms, and enhanced recycling initiatives.
(a) The Secretary of Commerce shall consult with the Secretary of Defense, the Secretary of the Interior, the Secretary of Energy, and the heads of other relevant executive departments and agencies as determined by the Secretary of Commerce to evaluate the national security risks associated with copper import dependency. (b) Within 270 days of the date of this order, the Secretary of Commerce shall submit a report to the President that includes: (i) findings on whether United States dependence on copper imports threatens national security; (ii) recommendations on actions to mitigate such threats, including potential tariffs, export controls, or incentives to increase domestic production; and (iii) policy recommendations for strengthening the United States copper supply chain through strategic investments, permitting reforms, and enhanced recycling initiatives.
This sets the next steps. Commerce must consult Defense, Interior and Energy. Within 270 days it must report to the President. The report says whether imports are a threat. It may recommend tariffs or export limits. It may also propose new investment and faster permits.
Sec. 4. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. [[Page 11003]] (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, February 25, 2025. [FR Doc. 2025-03439 Filed 2-27-25; 11:15 am] Billing code 3395-F4-P </pre></body>
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. [[Page 11003]] (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, February 25, 2025. [FR Doc. 2025-03439 Filed 2-27-25; 11:15 am] Billing code 3395-F4-P </pre></body>
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
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