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Clarification of Exceptions Under Executive Order 14257 of April 2, 2025, as Amended
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from: whitehouse.gov
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF COMMERCE
THE SECRETARY OF HOMELAND SECURITY
THE UNITED STATES TRADE REPRESENTATIVE
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE SENIOR COUNSELOR TO THE PRESIDENT FOR TRADE AND MANUFACTURING
THE CHAIR OF THE UNITED STATES INTERNATIONAL TRADE COMMISSION
SUBJECT: Clarification of Exceptions Under Executive
Order 14257 of April 2, 2025, as Amended
In Executive Order 14257 of April 2, 2025 (Regulating Imports With a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits), I declared a national emergency arising from conditions reflected in large and persistent annual U.S. goods trade deficits, and imposed additional ad valorem duties that I deemed necessary and appropriate to deal with that unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security and economy of the United States.
In Executive Order 14257, I stated that certain goods are not subject to the ad valorem rates of duty under that order. One of those excepted products is “semiconductors.” The subsequent orders issued in connection with Executive Order 14257 — i.e., Executive Order 14259 of April 8, 2025 (Amendment to Reciprocal Tariffs and Updated Duties as Applied to Low-Value Imports from the People’s Republic of China), and the Executive Order of April 9, 2025 (Modifying Reciprocal Tariff Rates to Reflect Trading Partner Retaliation and Alignment), (Subsequent Orders) — incorporate the exceptions in Executive Order 14257, including for “semiconductors.”
That term’s meaning includes the products classified in the following headings and subheadings of the Harmonized Tariff Schedule of the United States (HTSUS):
- 8471
- 847330
- 8486
- 85171300
- 85176200
- 85235100
- 8524
- 85285200
- 85411000
- 85412100
- 85412900
- 85413000
- 85414910
- 85414970
- 85414980
- 85414995
- 85415100
- 85415900
- 85419000
- 8542
To the extent that the HTSUS does not currently fully reflect the products listed above as excepted from the ad valorem duties imposed under Executive Order 14257 and the Subsequent Orders, the HTSUS shall be modified by inserting in numerical order the headings and subheadings listed above into subdivision (v)(iii) of U.S. note 2 to subchapter III of chapter 99, effective as of 12:01 a.m. eastern daylight time on April 5, 2025. Any duties that were collected at or after 12:01 a.m. eastern daylight time on April 5, 2025, pursuant to Executive Order 14257 and the Subsequent Orders, on imports that are excepted under Executive Order 14257 and the Subsequent Orders because they are “semiconductors,” as explained in this memorandum, shall be refunded in accordance with U.S. Customs and Border Protection’s standard procedures for such refunds.
As explained in Executive Order 14257 and the Subsequent Orders, the Secretary of Commerce and the United States Trade Representative, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Homeland Security, the Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, the Senior Counselor to the President for Trade and Manufacturing, and the Chair of the United States International Trade Commission, are authorized to employ all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may be necessary to implement Executive Order 14257 and the Subsequent Orders. Measures taken to implement Executive Order 14257 and the Subsequent Orders shall be done in accordance with this memorandum.
DONALD J. TRUMP
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Trump Announces 90-day Pause on Most Tariffs,
Raises China Tariffs
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from: ap.com
What to know:
- President Donald Trump on Wednesday abruptly backed down on his tariffs on most nations for 90 days, but raised his duty rate on Chinese imports to 125%.
- Trump announces pause on Truth Social: Trump said that because so many countries had “not retaliated” against his latest crank higher in tariffs, he said, “I have authorized a 90 day PAUSE, and a substantially lowered Reciprocal Tariff during this period, of 10%, also effective immediately. Thank you for your attention to this matter!”
- Treasury Sec. Bessent says Trump will keep 10% import tariffs: Treasury Secretary Scott Bessent told reporters that Trump was pausing his so-called ‘reciprocal’ tariffs on most of the country’s biggest trading partners but maintaining his 10% tariff on nearly all global imports.
- Global markets react: Global markets surged on the development, but the precise details of Trump’s plans to ease tariffs on non-China trade partners were not immediately clear.
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Trump’s Truth Social Statement in Full:
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Tariffs Recap/Additional Explanation & Annex III Announced
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from: STRTrade.com
President Trump issued an executive order April 2 imposing additional tariffs at varying rates on imports from all countries. These tariffs will take effect within the next few days.
Tariffs
The U.S. will levy an additional 10 percent tariff on all imports from all trading partners, effective with respect to goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. EDT on April 5. However, this tariff will not apply to goods that are (1) loaded onto a vessel at the port of loading and in transit on the final mode of transit before that time and (2) entered or withdrawn from warehouse for consumption after that time.
However, several dozen countries (complete list here) will be subject to additional tariffs of 11-50 percent, including the following.
– 49 percent for Cambodia
– 48 percent for Laos
– 46 percent for Vietnam
– 37 percent for Bangladesh
– 34 percent for China
– 32 percent for Taiwan
– 32 percent for Indonesia
– 32 percent for Switzerland
– 31 percent for South Africa
– 27 percent for India
– 26 percent for South Korea
– 24 percent for Japan
– 20 percent for the European Union
These higher tariffs will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. EDT on April 9. However, they will not apply to goods that are (1) loaded onto a vessel at the port of loading and in transit on the final mode of transit before that time and 92) entered or withdrawn from warehouse for consumption after that time.
The additional tariffs will be assessed in addition to any other applicable duties, fees, taxes, exactions, or charges and will remain in place until the president determines that “the underlying conditions described [in the EO] are satisfied, resolved, or mitigated.”
According to the EO, the president may increase or expand in scope the additional tariffs if (1) they are deemed to not be effective in resolving the emergency conditions (e.g., a continued increase in the overall U.S. trade deficit or “the recent expansion of non-reciprocal trade arrangements by U.S. trading partners” in a manner that threatens U.S. economic and national security interests), (2) any trading partner retaliates through import duties on U.S. goods or other measures, or (3) U.S. manufacturing capacity and output continues to worsen.
On the other hand, the tariffs may be decreased or limited in scope if any trading partner “takes significant steps to remedy non-reciprocal trade arrangements and align sufficiently with the United States on economic and national security matters.”
Goods from Canada and Mexico are exempt from reciprocal tariffs until such time as the IEEPA Border tariffs are terminated or suspended, at which time only USMCA qualifying goods will be exempt from these tariffs and non-USMCA goods will be subject to a 12% reciprocal tariff.
Exclusions
The EO specifies that the additional tariffs will apply only to the non-U.S. content of a subject article provided that at least 20 percent of the article’s value is U.S.-originating. “U.S. content” refers to the value of an article attributable to the components produced entirely, or substantially transformed in, the U.S. The EO authorizes U.S. Customs and Border Protection to require the collection of such information and documentation regarding an imported article, including with the entry filing, as is necessary to enable it to ascertain and verify (1) the value of the U.S. content of an article and (2) whether an article is substantially finished in the U.S.
The EO excludes the following from the additional tariffs.
– all articles encompassed by 50 USC 1702(b) (e.g., communications, donations, and informational materials)
– all articles and derivatives of steel and aluminum already subject to Section 232 duties
– all automobiles and automotive parts already subject to Section 232 duties
– copper, pharmaceuticals, semiconductors, lumber articles, certain critical minerals, and energy and energy products
– all articles from a trading partner subject to Column 2 duty rates
– all articles that may become subject to duties pursuant to future Section 232 actions
De Minimis
The EO states that duty-free de minimis treatment will remain available for all goods subject to the increased tariffs (except those imported from China) until the commerce secretary notifies the president that adequate systems are in place to “fully and expeditiously process and collect” revenue from these tariffs for articles otherwise eligible for de minimis treatment.
Authority
The tariff increases are being imposed under the International Emergency Economic Powers Act following the EO’s declaration of a national emergency with respect to the “unusual and extraordinary threat” to U.S. national security posed by “underlying conditions, including a lack of reciprocity in our bilateral trade relationships, disparate tariff rates and non-tariff barriers, and U.S. trading partners’ economic policies that suppress domestic wages and consumption, as indicated by large and persistent annual U.S. goods trade deficits.” According to the EO, these deficits reflect “asymmetries in trade relationships” that (1) have contributed to the atrophy of domestic production capacity, especially that of the U.S. manufacturing and defense-industrial base, and (2) impact U.S. producers’ ability to export “and, consequentially, their incentive to produce.”
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Also, Annex III announced April 4, 2025
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New Reciprocal Tariff Policy & Trade Adjustments
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from: whitehouse.gov
Key points:
I have declared a national emergency arising from conditions reflected in large and persistent annual U.S. goods trade deficits, which have grown by over 40 percent in the past 5 years alone, reaching $1.2 trillion in 2024. This trade deficit reflects asymmetries in trade relationships that have contributed to the atrophy of domestic production capacity, especially that of the U.S. manufacturing and defense-industrial base.
Sec. 2. Reciprocal Tariff Policy.
It is the policy of the United States to rebalance global trade flows by imposing an additional ad valorem duty on all imports from all trading partners except as otherwise provided herein. The additional ad valorem duty on all imports from all trading partners shall start at 10 percent and shortly thereafter, the additional ad valorem duty shall increase for trading partners enumerated in Annex I to this order at the rates set forth in Annex I to this order. These additional ad valorem duties shall apply until such time as I determine that the underlying conditions described above are satisfied, resolved, or mitigated.
Sec. 3. Implementation.
(a) Except as otherwise provided in this order, all articles imported into the customs territory of the United States shall be, consistent with law, subject to an additional ad valorem rate of duty of 10 percent. Such rates of duty shall apply with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on April 5, 2025, except that goods loaded onto a vessel at the port of loading and in transit on the final mode of transit before 12:01 a.m. eastern daylight time on April 5, 2025, and entered for consumption or withdrawn from warehouse for consumption after 12:01 a.m. eastern daylight time on April 5, 2025, shall not be subject to such additional duty.
Sec. 3. (b) The following goods as set forth in Annex II to this order, consistent with law, shall not be subject to the ad valorem rates of duty under this order: (i) all articles that are encompassed by 50 U.S.C. 1702(b); (ii) all articles and derivatives of steel and aluminum subject to the duties imposed pursuant to section 232 of the Trade Expansion Act of 1962 and proclaimed in Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States), as amended, Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States), as amended, and Proclamation 9980 of January 24, 2020 (Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States), as amended, Proclamation 10895 of February 10, 2025 (Adjusting Imports of Aluminum Into the United States), and Proclamation 10896 of February 10, 2025 (Adjusting Imports of Steel into the United States); (iii) all automobiles and automotive parts subject to the additional duties imposed pursuant to section 232 of the Trade Expansion Act of 1962, as amended, and proclaimed in Proclamation 10908 of March 26, 2025 (Adjusting Imports of Automobiles and Automobile Parts Into the United States); (iv) other products enumerated in Annex II to this order, including copper, pharmaceuticals, semiconductors, lumber articles, certain critical minerals, and energy and energy products; (v) all articles from a trading partner subject to the rates set forth in Column 2 of the Harmonized Tariff Schedule of the United States (HTSUS); and (vi) all articles that may become subject to duties pursuant to future actions under section 232 of the Trade Expansion Act of 1962.
Sec. 3. (c) The rates of duty established by this order are in addition to any other duties, fees, taxes, exactions, or charges applicable to such imported articles, except as provided in subsections (d) and (e) of this section below.
Sec. 3. (d) With respect to articles from Canada, I have imposed additional duties on certain goods to address a national emergency resulting from the flow of illicit drugs across our northern border pursuant to Executive Order 14193 of February 1, 2025 (Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border), as amended by Executive Order 14197 of February 3, 2025 (Progress on the Situation at Our Northern Border), and Executive Order 14231 of March 2, 2025 (Amendment to Duties To Address the Flow of Illicit Drugs Across Our Northern Border). With respect to articles from Mexico, I have imposed additional duties on certain goods to address a national emergency resulting from the flow of illicit drugs and illegal migration across our southern border pursuant to Executive Order 14194 of February 1, 2025 (Imposing Duties To Address the Situation at Our Southern Border), as amended by Executive Order 14198 of February 3, 2025 (Progress on the Situation at Our Southern Border), and Executive Order 14227 of March 2, 2025 (Amendment to Duties To Address the Situation at Our Southern Border). As a result of these border emergency tariff actions, all goods of Canada or Mexico under the terms of general note 11 to the HTSUS, including any treatment set forth in subchapter XXIII of chapter 98 and subchapter XXII of chapter 99 of the HTSUS, as related to the Agreement between the United States of America, United Mexican States, and Canada (USMCA), continue to be eligible to enter the U.S. market under these preferential terms. However, all goods of Canada or Mexico that do not qualify as originating under USMCA are presently subject to additional ad valorem duties of 25 percent, with energy or energy resources and potash imported from Canada and not qualifying as originating under USMCA presently subject to the lower additional ad valorem duty of 10 percent.
Link to the Executive Order
Link to the Annex that shows each country’s additional ad valorem duty
https://www.whitehouse.gov/presidential-actions/2025/04/regulating-imports-with-a-reciprocal-tariff-to-rectify-trade-practices-that-contribute-to-large-and-persistent-annual-united-states-goods-trade-deficits/
Link to Annex II that shows items that shall not be subject to the ad valorem rates of duty under this order
https://www.whitehouse.gov/wp-content/uploads/2025/04/Annex-I.pdf
BOC recommends you read the entire Executive Order, in its entirety.
https://www.whitehouse.gov/wp-content/uploads/2025/04/Annex-II.pdf
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25% Tariffs on imports from Canada & Mexico – China Tariffs Doubled to 20%
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Please find the below notices from U.S. Customs and Border Protection:
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Tariffs on Canada and Mexico Starting March 4, and
Additional 10% Tariffs on Imports from China
Excerpted from AP.org, March 3, 2025
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WASHINGTON (AP) — President Donald Trump plans to impose tariffs on Canada and Mexico starting Tuesday, in addition to doubling the 10% universal tariff charged on imports from China.
In a Truth Social post Thursday, Trump said illicit drugs such as fentanyl are being smuggled into the United States at “unacceptable levels” and that import taxes would force other countries to crack down on the trafficking.
“We cannot allow this scourge to continue to harm the USA, and therefore, until it stops, or is seriously limited, the proposed TARIFFS scheduled to go into effect on MARCH FOURTH will, indeed, go into effect, as scheduled,” the Republican president wrote. “China will likewise be charged an additional 10% Tariff on that date.”
The prospect of escalating tariffs has already thrown the global economy into turmoil, with consumers expressing fears about inflation worsening and the auto sector and other domestic manufacturers suffering if Trump raises import taxes. But Trump has also at times engaged in aggressive posturing only to give last-minute reprieves, previously agreeing to a 30-day suspension of the Canada and Mexico tariffs that were initially supposed to start in February.
At this point, we have no further information as to how these changes will be implemented but we will continue to advise as we receive updates.
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Wage increases and automation protections:
ILA agrees on six-year contract
Excerpted from workboat.com, February 27, 2025 By Chuck Chiang
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The International Longshoremen’s Association (ILA) has ratified a new six-year master contract with the United States Maritime Alliance (USMX), securing labor stability at Atlantic and Gulf Coast ports through September 2030. With nearly 99% of members voting in favor, ILA noted the contract includes record wage increases and safeguards against automation.
The extension to the master contract will be effective Oct. 1, 2024, through Sept. 30, 2030, ILA said in a Feb. 25 press release. ILA president Harold Daggett, who served as the union’s chief negotiator, called the contract the strongest in the organization’s history.
“It was a tough contract to negotiate,” Daggett said. “But the ILA stayed strong and unified, successfully winning the greatest contract in ILA history and maybe the strongest collective bargaining agreement ever negotiated by any union.”
The contract includes a 62% wage increase, accelerated raises for new ILA workers, and full container royalty funds returned to the union. Additional benefits include increased contributions to retirement plans, strengthened healthcare provisions under the MILA National Health Plan program, and a resolution to the vacation and holiday dispute.
A key component of the agreement is its firm stance against automation, ensuring job security for dockworkers. The ILA had identified automation as a major threat to its members and successfully negotiated full protections against job-displacing technology.
Daggett credited former U.S. President Donald Trump for his involvement in the negotiations. A December 2024 meeting at Mar-A-Lago between Trump and ILA leadership helped solidify the union’s stance against automation, providing momentum for the final agreement.
The ILA also acknowledged USMX lead negotiator Paul DeMaria for his role in reaching a settlement and avoiding a second strike. “Paul was uniquely qualified to move negotiations in the right direction,” Daggett said.
With the contract now ratified, the ILA statement noted the association now aims to strengthen their partnership with USMX, which it said would promote growth at ILA ports and expand the union’s influence among dockworker organizations globally. The formal signing of the contract is scheduled for March 11, 2025.
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Amendment to February 5, 2025 Federal Register notice on China Tariffs and Official Annex of HTS Codes for Aluminum and Steel Published
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Please click the links below to read the full text of the Federal Register Documents:
- Amended Notice of Implementation of Additional Duties on Products of the People’s Republic of China Pursuant to the President’s February 1, 2025 Executive Order Imposing Duties To Address the Synthetic Opioid Supply Chain in the People’s Republic of China: https://www.federalregister.gov/documents/2025/02/12/2025-02576/amended-notice-of-implementation-of-additional-duties-on-products-of-the-peoples-republic-of-china
- Adjusting Imports of Steel Into the United States: https://www.federalregister.gov/documents/2025/02/18/2025-02833/adjusting-imports-of-steel-into-the-united-states
- Adjusting Imports of Aluminum Into the United States: https://www.federalregister.gov/documents/2025/02/18/2025-02832/adjusting-imports-of-aluminum-into-the-united-states
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Presidents Day –
Monday, February 17th, 2025 –
Conley Terminal Closed
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Please see the below message from the Port of Boston:
Good Morning Port of Boston Customers,
As a reminder, Conley Terminal will be closed on Monday, February 17th in observance of Presidents Day.
Please plan accordingly.
Thank you for your continued support!
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Implementation of Additional Duties on Products of the People’s Republic of China Pursuant to the President’s February 1, 2025 Executive Order Imposing Duties To Address the Synthetic Opioid Supply Chain in the People’s Republic of China
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Published in the Federal Register, February 5, 2025
for full text of the law, see the below link:
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