what constitutes “national security”?; (ii) what “effects of imports” should be considered?; and (iii) when do those imports “threaten to impair” the national security?
(4) 1. What constitutes “national security”? Neither Section 232 nor the relevant Department regulations (15 C.F.R. Pt. 705) contain a definition of the term “national security.” In the absence of such a definition, it is incumbent upon the Secretary to employ a definition that is consistent with the statute and the intent of the drafters, and reasonable under the circumstances. It is clear that, at a minimum, an assessment of the United States’ “national security” requirements must include a military or “national defense” component. This could range from the military defense of the U.S. homeland to, more expansively, the ability to project U.S. military capabilities globally. For the purpose of this study, we have adopted a broad definition of national defense. As set forth in Section V below, we have included DOD’s total projected needs for finished steel, as communicated to the Department by DOD (and, based thereon for, iron ore and semi-finished steel as inputs). In addition to the
