[Federal Register Volume 90, Number 84 (Friday, May 2, 2025)]
[Presidential Documents]
[Pages 18907-18909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07835]
Presidential Documents
Federal Register / Vol. 90 , No. 84 / Friday, May 2, 2025 /
Presidential Documents
[[Page 18907]]
Executive Order 14289 of April 29, 2025
Addressing Certain Tariffs on Imported Articles
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 604
of the Trade Act of 1974, as amended (19 U.S.C. 2483),
section 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862), and section 301 of title 3,
United States Code, it is hereby ordered:
Section 1. Purpose. The United States has imposed
tariffs under various statutory authorities and through
a number of Executive Orders and proclamations to
protect national security and address unusual and
extraordinary threats to the national security, foreign
policy, and economy of the United States. Although each
of these actions, as listed in section 2 of this order,
serves separate and distinct policy purposes, I have
now determined that, to the extent these tariffs apply
to the same article, these tariffs should not all have
a cumulative effect (or ``stack'' on top of one
another) because the rate of duty resulting from such
stacking exceeds what is necessary to achieve the
intended policy goals. To avoid the cumulative effect
of overlapping tariffs on certain articles, this order
sets out the procedure for determining which of
multiple tariffs shall apply to an article when that
article is subject to more than one of the actions
listed in section 2 of this order.
Sec. 2. Applicability. This order shall apply only to
the administration of tariffs imposed through the
following actions and subsequent amendments to those
tariffs:
(a) Proclamation 10908 of March 26, 2025 (Adjusting
Imports of Automobiles and Automobile Parts Into the
United States);
(b) 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), Executive Order
14226 of March 2, 2025 (Amendment to Duties To Address
the Flow of Illicit Drugs Across Our Northern Border),
and Executive Order 14231 of March 6, 2025 (Amendment
to Duties to Address the Flow of Illicit Drugs Across
Our Northern Border);
(c) 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), Executive Order 14227 of March 2,
2025 (Amendment to Duties To Address the Situation at
Our Southern Border), and Executive Order 14232 of
March 6, 2025 (Amendment to Duties to Address the Flow
of Illicit Drugs Across Our Southern Border);
(d) Proclamation 9704 of March 8, 2018 (Adjusting
Imports of Aluminum Into the United States), as amended
by Proclamation 9980 of January 24, 2020 (Adjusting
Imports of Derivative Aluminum Articles and Derivative
Steel Articles Into the United States), and
Proclamation 10895 of February 10, 2025 (Adjusting
Imports of Aluminum Into the United States); and
(e) Proclamation 9705 of March 8, 2018 (Adjusting
Imports of Steel Into the United States), as amended by
Proclamation 9980 of January 24, 2020 (Adjusting
Imports of Derivative Aluminum Articles and Derivative
Steel
[[Page 18908]]
Articles Into the United States), and Proclamation
10896 of February 10, 2025 (Adjusting Imports of Steel
Into the United States).
Sec. 3. Non-Stacking of Tariff Measures. (a)
Notwithstanding any provision of any action listed in
section 2 of this order, tariffs for articles subject
to tariffs under the actions listed in section 2 of
this order shall apply as follows:
(i) An article subject to tariffs pursuant to the action listed in section
(2)(a) of this order shall not be subject to additional tariffs on that
article pursuant to the actions listed in sections 2(b) through 2(e) of
this order.
(ii) An article subject to tariffs pursuant to the actions listed in
section 2(b) or 2(c) of this order shall not be subject to additional
tariffs on that article pursuant to the actions listed in section 2(d) or
2(e) of this order.
(iii) An article subject to tariffs pursuant to the actions listed in
section 2(d) of this order shall be subject to additional tariffs on that
article pursuant to the actions listed in section 2(e) of this order,
provided the article otherwise satisfies all conditions necessary for
application of those additional tariffs; likewise, an article subject to
tariffs pursuant to the actions listed in section 2(e) of this order shall
be subject to additional tariffs on that article pursuant to the actions
listed in section 2(d) of this order, provided the article otherwise
satisfies all conditions necessary for application of those additional
tariffs.
(b) Subsection (a) of this section shall not be
construed to diminish the validity of any action listed
in section 2 of this order. Each action listed in
section 2 of this order remains independently valid and
enforceable, except that the duty rates provided by
these actions shall not be cumulative when the
conditions outlined in subsection (a) of this section
are met.
(c) If an imported article is subject to both a
tariff imposed pursuant to subsection (a) of this
section and one or more tariffs imposed pursuant to an
action or actions not listed in section 2 of this
order, then the tariff imposed on the article pursuant
to subsection (a) of this section shall be cumulative
with the tariff or tariffs imposed pursuant to the
action or actions not listed in section 2 of this
order.
Sec. 4. Non-applicability to Other Tariff Measures. (a)
Nothing in this order shall be interpreted to alter or
limit the application of any duties, taxes, fees, or
exactions other than those imposed pursuant to the
actions listed in section 2 of this order.
(b) Accordingly, an article that is subject to
duties pursuant to an action listed in section 2 of
this order may still be subject to other applicable
duties, taxes, fees, exactions, and charges, such as,
but not limited to, those set forth in column 1 of the
Harmonized Tariff Schedule of the United States
(HTSUS); duties imposed pursuant to section 301 of the
Trade Act of 1974, as amended; duties imposed pursuant
to Executive Order 14195 of February 1, 2025 (Imposing
Duties To Address the Synthetic Opioid Supply Chain in
the People's Republic of China), as amended; and
antidumping and countervailing duties.
Sec. 5. Implementation. (a) The Secretary of Homeland
Security, acting through the Commissioner of U.S.
Customs and Border Protection and in consultation with
the Secretary of the Treasury, shall take all necessary
steps to update guidance, systems, and enforcement
mechanisms, including to revise, suspend, or rescind
any regulations that may be inconsistent with this
order, to reflect the policy set forth in this order.
(b) The Secretary of Commerce and the Secretary of
Homeland Security, in coordination with the Secretary
of the Treasury and the United States Trade
Representative, shall provide additional guidance as
necessary to ensure consistent interpretation and
application of the policy set forth in this order.
(c) The Secretary of Homeland Security is
authorized to determine whether changes to the HTSUS
are necessary and to coordinate with the Chair
[[Page 18909]]
of the United States International Trade Commission to
implement all necessary changes to execute this order.
(d) Any changes to the HTSUS necessary to comply
with this order shall be made not later than 12:01 a.m.
eastern daylight time on May 16, 2025. This order shall
apply retroactively to all entries of merchandise
subject to any applicable tariffs outlined in section 2
of this order and made on or after March 4, 2025. Any
refunds will be processed pursuant to applicable laws
and U.S. Customs and Border Protection's standard
procedures for such refunds.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
April 29, 2025.
[FR Doc. 2025-07835
Filed 5-1-25; 11:15 am]
Billing code 3395-F4-P