Update: On July 31, 2025, Customs and Border Protection (CBP) released Cargo Systems Messaging Service (CSMS) # 65794272 providing guidance on applying the 50% Section 232 ad valorem duty on all imports of semi-finished copper products and intensive copper derivative products imposed by President Donald Trump on July 30, 2025. This guidance provides instructions on submitting entries to CBP of covered copper products and copper derivative products, from all countries, as provided for in the newly created HTSUS headings 9903.78.01 and 9903.78.02, entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on August 1, 2025.
Notably, the CSMS attaches a list of the copper HTSUS subheadings (i.e., the Annex to President Trump’s July 30 Executive Order) identifying the imported semi-finished and intensive copper derivative products covered under the Section 232 copper tariffs. Multiple subheadings under Chapter 74 of the HTSUS are included, as are several subheadings under Chapter 85.
On July 30, 2025, President Donald Trump issued an Executive Order announcing the implementation of tariffs on the import of copper pursuant to Section 232 of the Trade Expansion Act of 1962. Except as otherwise noted in this post, effective August 1, 2025, all imports of semi-finished copper products and intensive copper derivative products, as set forth in a forthcoming Annex to the Executive Order, will be subject to a 50% tariff.
Background
On February 25, 2025, President Trump signed a separate Executive Order initiating this investigation 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 (see Thompson Hine Update of February 25, 2025). Pursuant to Section 232, the Department of Commerce (Commerce) had 270 days to conduct an investigation and report to the President. In March 2025, Commerce sought public comments, but a public hearing was not held on the matter. While the final report has not been released, President Trump announced that it was provided to him on June 30, 2025, and that the Secretary of Commerce “found that the present quantities of copper imports and the circumstances of global excess capacity for producing copper are weakening our economy, resulting in the persistent threat of further closures of domestic copper production facilities and the shrinking of our ability to meet national security production requirements.” In response, President Trump, in the July 30, 2025 Executive Order, determined “that copper is being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States.”
Scope of Copper Tariffs
The July 30, 2025 Executive Order broadly states the tariff is in addition to any other duties, fees, exactions, and charges applicable to such imported semi-finished copper products and intensive copper derivative products, unless stated otherwise. No drawback will be available for these Section 232 duties, and President Trump has indicated that Customs and Border Protection (CBP) “may take any necessary or appropriate measure to administer the tariff imposed by this proclamation.” The White House has not yet released the Annex, which will set forth the Harmonized Tariff Schedule of the United States (HTSUS) subheadings that definitively scope the copper and copper derivatives to be covered under this Section 232 tariff rate. However, a White House Fact Sheet indicates that imports of semi-finished copper products will include items such as copper pipes, wires, rods, sheets, and tubes and that imports of copper derivative products will include items such as pipe fittings, cables, connectors, and electrical components.
In addition:
- For copper derivatives, only the copper content of the imported article will be assessed the 50% tariff. The non-copper content will be subject to any country-specific reciprocal tariffs implemented by the Trump administration and any of the IEEPA fentanyl/opioid tariffs assessed on imports from Canada, Mexico and China. CBP has been directed to issue guidance “mandating strict compliance with declaration requirements for copper content in imported articles” and outlining maximum penalties for noncompliance.
- If any imported product is listed in the Annex of this Executive Order and is also covered under the Section 232 tariffs on automobile and automobile parts, the product will only be subject to the Section 232 automobile tariff of 25%.
- According to the Fact Sheet, copper input materials such as copper ores, concentrates, mattes, cathodes, and anodes, and copper scrap are not subject to these Section 232 tariffs.
- Commerce will establish a process for including additional derivative copper articles within the scope of these Section 232 duties.
- Any copper or copper derivative product subject to these Section 232 tariffs, except those eligible for admission as “domestic status,” that is admitted into a U.S. foreign-trade zone must be designated with “privileged foreign” status, and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable HTSUS subheading.
- Because President Trump also determined that copper input materials and high-quality copper scrap meet the criteria specified in section 101(b) of the Defense Production Act (i.e., critical and strategic materials), the Secretary of Commerce is to “take all appropriate action” to implement a domestic sales requirement for copper input materials starting at 25% in 2027, a domestic sales requirement of 25% for high-quality copper scrap, and export controls for high-quality copper scrap.
Concerning copper imports from the United Kingdom (UK), the Executive Order indicates that consistent with the General Terms for the United States of America and the United Kingdom of Great Britain and Northern Ireland Economic Prosperity Deal (see Thompson Hine Update of May 9, 2025), 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.
By June 30, 2026, the Secretary of Commerce must provide President Trump with an update on domestic copper markets, including refining capacity and the market for refined copper in the United States, in order to make a determination as to whether imposing a phased universal import duty on refined copper of 15% starting on January 1, 2027, and 30% starting on January 1, 2028, is warranted to ensure that copper imports do not continue to threaten to impair the national security. The Secretary of Commerce is to also inform President Trump of any circumstance that might indicate that copper duty rates can be modified or are no longer necessary.
Note: Thompson Hine LLP will update this blog post with more specifics on the copper and copper derivatives covered by this Executive Order upon release of the Annex.