Reading Room Document

Presidential Authority to Adjust Ferroalloy Imports Under § 232(b) of the TVade Expansion Act of 1962

The President has authority to upgrade two ferroalloys currently held in the National Defense Stockpile, and remove one of these ferroalloys from the Generalized System of Preferences established under the Trade Act of 1974, in response to a "national security" finding under § 232(b) of the Trade Expansion Act of 1962, 19 U.S.C. § 1862(b). This authority stems not from § 232(b) itself, but from separate and independent statutory schemes. The above-described actions will satisfy the President's obligation under § 232(b) to take such actions as are necessary to "adjust imports" in responding to a threat to the national security. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23166/download.

October 5, 1982