Addressing the Threat to National Security From Imports of Copper

# Executive Order 14220: Addressing the Threat to National Security From Imports of Copper

Executive Order 14220 positions copper as a critical material essential to national security, economic strength, and industrial resilience of the United States. The order characterizes the current situation as one of vulnerability, citing increasing U.S. reliance on foreign sources for mined, smelted, and refined copper despite the country possessing ample copper reserves. It specifically identifies a concerning market concentration where a single foreign producer allegedly dominates global copper smelting and refining, controlling over 50 percent of global capacity and four of the five largest refining facilities. This executive order establishes a policy framework to ensure a reliable, secure, and resilient domestic copper supply chain in response to what it describes as threats of foreign market manipulation.

The core mechanism of the order is the initiation of an investigation under Section 232 of the Trade Expansion Act to determine the effects of copper imports on national security. This investigation encompasses all forms of copper including raw mined copper, concentrates, refined copper, copper alloys, scrap copper, and derivative products. The order directs the Secretary of Commerce to assess nine specific factors in the investigation, including current and projected demand in defense and infrastructure sectors, the extent to which domestic production can meet demand, the concentration of U.S. copper imports, the impact of foreign subsidies and trade practices, the potential for export restrictions by foreign nations, and the feasibility of increasing domestic capacity. This comprehensive assessment aims to evaluate whether additional measures, including tariffs or quotas, are necessary to protect national security.

Implementation responsibility falls primarily to the Secretary of Commerce, who must consult with the Secretaries of Defense, Interior, Energy, and other relevant agency heads during the investigation process. The order establishes a 270-day timeframe for the Secretary of Commerce to submit a report to the President that includes findings on whether U.S. dependence on copper imports threatens national security, recommendations on actions to mitigate identified threats, and policy recommendations for strengthening the U.S. copper supply chain. These recommendations may include potential tariffs, export controls, or incentives to increase domestic production, as well as strategic investments, permitting reforms, and enhanced recycling initiatives. The order explicitly states that it does not create any enforceable rights or benefits and must be implemented consistent with applicable law and subject to available appropriations.