In order to keep you informed about recent developments in international trade policy, we share the following update concerning tariffs on semi-finished copper products and intensive copper derivative products implemented by the United States. This information is of particular interest to companies engaged in foreign trade operations:

Background:

On July 30, 2025, the President of the United States, Donald J. Trump, issued a Proclamation regarding the adjustment of copper and derivative product imports into the United States. This Proclamation was issued under Section 232 of the Trade Expansion Act, which grants the President the authority to take the necessary actions to safeguard the national economy through trade negotiations and agreements. Its primary goal is to promote international trade, and to strengthen both economic and national security.

The new tariffs imposed on copper and copper derivative products are based on the argument of excessive dependence on imported copper caused by unfair trade practices and stringent domestic regulations. The result has been a weakening of the U.S. domestic copper industry, with emphasis on the fact that a single foreign country controls more than 50% of the world’s copper smelting capacity, representing a significant risk to U.S. industrial resilience, economic stability, and supply chain integrity.

Key Points to Consider:

• All imports of semi-finished copper products and intensive copper derivative products will be subject to a 50% ad valorem tariff. This tariff will take effect on August 1, 2025, and will remain in force.

Note: This tariff is in addition to any other applicable duties, tariffs, fees, or charges levied on such semi-finished copper products and copper-intensive derivative products.

Exception: Goods subject to tariffs under the adjustment of imports of automobiles and automobile parts into the U.S. will instead be subject to a 25% duty, pursuant to Proclamation 10908.

• The non-copper content of all articles other than pure copper products will be subject to reciprocal tariffs and any other applicable duties, including those established under the International Emergency Economic Powers Act (IEEPA). However, the copper content of such products will be subject to the 50% tariff.
• Semi-finished copper products and intensive copper derivative products admitted into a U.S. Foreign Trade Zone, either before or after the effective date of the Proclamation, will be subject to the tariff provided for in the Harmonized Tariff Schedule of the United States (HTSUS), in accordance with the appropriate tariff classification.
• No drawback will be available for these tariffs.

The U.S. Government will continue to monitor copper and copper derivative imports in relation to national security. It is anticipated that by June 30, 2026, the Secretary of Commerce will provide the President with an update on the domestic copper markets, including refining capacity and the refined copper market in the U.S., in order to assess whether a graduated universal import tariff should be imposed on refined copper, beginning with 15% as of January 1, 2027, and increasing to 30% as of January 1, 2028.

Guidance Issued by U.S. Customs and Border Protection (CBP)

On July 31, 2025, the U.S. Customs and Border Protection (CBP) issued a guidance providing instructions to importers, customs brokers, and filers on submitting entries, on the declaration of duties under Section 232 applicable to copper and derivative products, originating from all countries, as outlined in HTSUS subheadings 9903.78.01 and 9903.78.02, where:

• HTSUS 9903.78.01 applies to semi-finished copper products and copper-intensive derivative products, subject to a 50% additional tariff; and
• HTSUS 9903.78.02 applies to semi-finished copper and derivative products that do not contain copper, as well as to imported goods classified under relevant HTSUS headings that contain no copper, which are subject to a 0% additional tariff.

Key Points Regarding Declarations under HTSUS 9903.78.01 products:

• The 50% tariff must be calculated based on the total price paid or payable for the copper content.
• For goods composed solely of copper, the tariff will be calculated on the total entered value.
• If the value of the copper content cannot be determined, the 50% tariff will be calculated on the entire value of the product.

Key Points Regarding Declarations under HTSUS 9903.78.02 (for articles containing copper and other materials):

• The declaration must be reported using two separate entry lines:
  • First Line, information on the non-copper content of the product must be declared, including: the tariff classification falling within Chapters 1 to 97 of the Harmonized Tariff Schedule of the United States (HTSUS), country of origin, quantity imported, the total value of the goods excluding the value of the copper content, as well as the applicable duties: 0% under tariff classification 9903.78.02 and any other applicable duties.
  • Second line: Information on the copper content of the good to be imported must be declared, including the tariff classification and country of origin as declared on the first line. The quantity shall be reported as 0 units, along with the commercial value and weight in kilograms of the copper content under subheading 9903.78.01, declaring the applicable Section 232 duty and any other applicable tariffs.

For the purpose of importing goods that contain copper along with other materials, additional information must be submitted, such as Bills of Materials (BOMs), invoices for the materials used in the production of the goods, and accounting documentation to substantiate the reported values. 

Finally, the CBP has advised that importers who submit underreported declarations may be subject to severe consequences, such as significant monetary penalties, loss of import privileges, and criminal liability, consistent with United States law.

HTSUS Tariff Classifications Subject to the 50% Section 232 Duties

For further information or inquiries, please do not hesitate to contact us through the usual channels.

J.A. DEL RÍO offers a wide array of specialized consulting services to assist you with these and other matters, in order to ensure that your project complies with the applicable characteristics  contained in this agreement.

If you have any questions, J.A. DEL RÍO can provide you with our experts to advise in matters concerning compliance with your legal and tax obligations. Once again, please let us know if we may be of any further assistance to you at: contacto@jadelrio.com.