Two years after former President Donald Trump announced that he would decline to take any further action on uranium imports despite a finding that uranium was 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 (see Update of
Section 232 (Uranium)
President Trump Declines to Implement Section 232 Action on Uranium Imports, Establishes Working Group Instead
President Donald Trump has issued a presidential memorandum concluding the Section 232 Investigation into the effect of uranium imports on U.S. national security and declining at this time to take any further action on uranium imports. Instead, the president is establishing a United States Nuclear Fuel Working Group (Working Group) to develop recommendations for reviving…
Consolidated Appropriations Act for Funding the Government Includes Requirements for Sections 232 and 301 Tariff Exclusion Processes
On February 15, 2019, President Trump signed the Consolidated Appropriations Act, 2019 (Act) that fully funds the government for the remainder of the fiscal year ending on September 30, 2019. With Congress and the president agreeing on these appropriations, a second partial government shutdown was averted. Included in the Act is a provision authorizing additional…
Additional Legislation Introduced in Congress Seeks to Curtail Executive Branch’s Authority to Implement Section 232 Tariffs
As reported in our post of January 25, 2019, members of the 116th session of Congress are seeking ways to address President Donald Trump’s authority to unilaterally impose tariffs under various statutes. This trend continued on January 30, 2019, with the bipartisan introduction of the Bicameral Congressional Trade Authority Act. Introduced by Sens. Mark Warner (D-VA) and Pat Toomey (R-PA), this bill would restore to Congress its Article I constitutional authority over foreign trade and commerce, specifically focusing on tariffs implemented under the claim of “national security.” The senators stated that recent Trump administration Section 232 actions have been economically disruptive and have damaged U.S. relationships with its allies, including Mexico, Canada, Japan, the EU and India.
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Department of Commerce Initiates Section 232 Investigation into Uranium Imports
The Department of Commerce has announced the initiation of a Section 232 investigation into whether the present quantity and circumstances of uranium ore and product imports into the United States threaten to impair national security. The decision was in response to a petition filed by two U.S. uranium mining companies and consultations with industry stakeholders, members of Congress, the Department of Defense, Department of Energy and other interested parties. Commerce Secretary Wilbur Ross has sent a letter to Secretary of Defense James Mattis informing him of the initiation of the investigation.
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New Section 232 Petition Seeks Investigation Into Effects of Uranium Imports on U.S. National Security
Energy Fuels Inc. and Ur-Energy Inc. (the petitioners) have jointly submitted a petition to the U.S. Department of Commerce for relief under Section 232 of the Trade Expansion Act of 1962 from imports of uranium products from state-owned and state-subsidized enterprises in Russia, Kazakhstan and Uzbekistan. According to the petition, such imports now supply nearly…