EO 14220: Addressing the Threat to National Security from Imports of Copper

Executive Orders

TLDR

This executive order directs the Department of Commerce to investigate whether copper imports threaten U.S. national security under Section 232, potentially leading to tariffs. The order cites increasing U.S. dependence on foreign copper (now 45% of consumption), declining domestic refining capacity, and concerning foreign dominance in processing (particularly China). Commerce Secretary Lutnick must complete the investigation within 270 days, examining all forms of copper imports. This move could create friction with major suppliers (Chile, Canada, Mexico, Peru) and represents part of the administration’s strategy to reduce foreign supply chain dependence.

On February 25, 2025, President Trump signed an executive order directing the Department of Commerce to investigate whether copper imports threaten U.S. national security under Section 232 of the Trade Expansion Act of 1962. This investigation could potentially lead to tariffs on copper and derivative products.

The executive order identifies copper as critical to national security, economic strength, and industrial resilience, highlighting its essential role in defense applications, infrastructure, and emerging technologies. It cites several concerning factors:

  • The U.S. has become increasingly dependent on foreign copper, with imports rising from virtually 0% in 1991 to 45% of consumption in 2024
  • Despite having ample copper reserves, America’s smelting and refining capacity significantly lags behind global competitors
  • A single foreign producer (likely China) dominates global copper smelting and refining, controlling over 50% of global capacity
  • The U.S. isn’t even among the top five nations in copper smelting capacity

The investigation will examine imports of copper in all forms, including raw mined copper, concentrates, refined copper, alloys, scrap, and derivative products. Commerce Secretary Howard Lutnick will lead the investigation, which must be completed within 270 days, though the White House indicated recommendations might come sooner.

This action could create trade friction with major copper suppliers to the U.S., including:

  • Chile (35% of U.S. copper imports)
  • Canada (26%)
  • Mexico (7%)
  • Peru (7%)

The investigation follows Trump’s recent expansion of Section 232 tariffs on steel and aluminum, which takes effect March 12, 2025. Unlike previous Section 232 investigations, this one specifically mentions potential tariffs as a possible outcome.

The executive order comes amid growing concerns about:

  1. China’s dominance in copper processing - China controls over 50% of global smelting capacity while the U.S. has only three copper smelters in operation
  2. Supply chain vulnerabilities - The U.S. faces potential disruptions from countries that dominate midstream and downstream processes
  3. National security implications - Copper is the Defense Department’s second-most utilized material

This investigation represents another step in the administration’s broader strategy to reduce dependence on foreign supply chains for critical materials and revitalize domestic manufacturing capacity.

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) (Trade Expansion Act), it is hereby ordered:

Section 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 producer’s control of world supply chains, poses a direct threat to United States national security and economic stability.

It is the policy of the United States to ensure a reliable, secure, and resilient domestic copper supply chain. The UnitedStates’ increasing dependence on foreign sources of copper, particularly from a concentrated number of supplier nations, along with the risk of foreign market manipulation, necessitate action under section 232 of the Trade Expansion Act to determine whether imports of copper, scrap copper, and copper’s derivative products threaten to impair national security.

Sec. 2.

nvestigation 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 meet demand;

(iii) the role of foreign supply chains, particularly from major exporters, in meeting United States demand;

(iv) the concentration of United States copper imports from a small number of suppliers and the associated risks;

(v) the impact of foreign government subsidies, overcapacity, and predatory trade practices on UnitedStates industry competitiveness;

(vi) the economic impact of artificially suppressed copper prices due to dumping and state-sponsored overproduction;

(vii) the potential for export restrictions by foreign nations, including the ability of foreign nations to weaponize their control over refined copper supplies;

(viii) the feasibility of increasing domestic copper mining, smelting, and refining capacity to reduce import reliance; and

(ix) the impact of current trade policies on domestic copper production and whether additional measures, including tariffs or quotas, are necessary to protect national security.

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.

Sec. 4.

General Provisions.

(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.

© 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.

THE WHITE HOUSE,

February 25, 2025.