[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Presidential Documents]
[Pages 37963-37992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15010]
Presidential Documents
Federal Register / Vol. 90, No. 149 / Wednesday, August 6, 2025 /
Presidential Documents
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Executive Order 14326 of July 31, 2025
Further Modifying the Reciprocal Tariff Rates
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.) (IEEPA), 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), and section 301 of title 3, United States
Code, I hereby determine and order:
Section 1. Background. 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 found that conditions reflected in large
and persistent annual U.S. goods trade deficits
constitute an unusual and extraordinary threat to the
national security and economy of the United States that
has its source in whole or substantial part outside the
United States. I declared a national emergency with
respect to that threat, and to deal with that threat, I
imposed additional ad valorem duties that I deemed
necessary and appropriate.
I have received additional information and
recommendations from various senior officials on, among
other things, the continued lack of reciprocity in our
bilateral trade relationships and the impact of foreign
trading partners' disparate tariff rates and non-tariff
barriers on U.S. exports, the domestic manufacturing
base, critical supply chains, and the defense
industrial base. I also have received additional
information and recommendations on foreign relations,
economic, and national security matters, including the
status of trade negotiations, efforts to retaliate
against the United States for its actions to address
the emergency declared in Executive Order 14257, and
efforts to align with the United States on economic and
national security matters.
For example, some trading partners have agreed to, or
are on the verge of agreeing to, meaningful trade and
security commitments with the United States, thus
signaling their sincere intentions to permanently
remedy the trade barriers that have contributed to the
national emergency declared in Executive Order 14257,
and to align with the United States on economic and
national security matters. Other trading partners,
despite having engaged in negotiations, have offered
terms that, in my judgment, do not sufficiently address
imbalances in our trading relationship or have failed
to align sufficiently with the United States on
economic and national-security matters. There are also
some trading partners that have failed to engage in
negotiations with the United States or to take adequate
steps to align sufficiently with the United States on
economic and national security matters.
After considering the information and recommendations
that I have recently received, among other things, I
have determined that it is necessary and appropriate to
deal with the national emergency declared in Executive
Order 14257 by imposing additional ad valorem duties on
goods of certain trading partners at the rates set
forth in Annex I to this order, subject to all
applicable exceptions set forth in Executive Order
14257, as amended, in lieu of the additional ad valorem
duties previously imposed on goods of such trading
partners in Executive Order 14257, as amended.
Sec. 2. Tariff Modifications. (a) The Harmonized Tariff
Schedule of the United States (HTSUS) shall be modified
as provided in Annex II to this order. These
modifications shall be effective with respect to goods
entered for consumption, or withdrawn from warehouse
for consumption, on or
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after 12:01 a.m. eastern daylight time 7 days after the
date of this order, 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 7 days after the date of this order, and
entered for consumption, or withdrawn from warehouse
for consumption, before 12:01 a.m. eastern daylight
time on October 5, 2025, shall not be subject to such
additional duty and shall instead remain subject to the
additional ad valorem duties previously imposed in
Executive Order 14257, as amended.
(b) Certain foreign trading partners identified in
Annex I to this order have agreed to, or are on the
verge of concluding, meaningful trade and security
agreements with the United States. Goods of those
trading partners will remain subject to the additional
ad valorem duties provided in Annex I to this order
until such time as those agreements are concluded, and
I issue subsequent orders memorializing the terms of
those agreements.
(c) As provided in Annex I to this order, the
additional ad valorem rate of duty applicable to any
good of the European Union is determined by the good's
current ad valorem (or ad valorem equivalent) rate of
duty under column 1 (General) of the HTSUS (``Column 1
Duty Rate''). For a good of the European Union with a
Column 1 Duty Rate that is less than 15 percent, the
sum of its Column 1 Duty Rate and the additional ad
valorem rate of duty pursuant to this order shall be 15
percent. For a good of the European Union with a Column
1 Duty Rate that is at least 15 percent, the additional
ad valorem rate of duty pursuant to this order shall be
zero.
(d) Goods of any foreign trading partner that is
not listed in Annex I to this order will be subject to
an additional ad valorem rate of duty of 10 percent
pursuant to the terms of Executive Order 14257, as
amended, unless otherwise expressly provided. This rate
shall be effective with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight
time 7 days after the date of this order.
(e) The HTSUS shall also be modified by continuing
to suspend headings 9903.01.43 through 9903.01.62 and
9903.01.64 through 9903.01.76, and subdivisions
(v)(xiii)(1)-(9) and (11)-(57) of U.S. note 2 to
subchapter III of chapter 99 of the HTSUS, until the
effective date of the modifications provided in Annex
II to this order. Upon the effective date of the
modifications provided in Annex II to this order, to
facilitate implementation of the rates of duty provided
in Annex I to this order, headings 9903.01.43 through
9903.01.62 and 9903.01.64 through 9903.01.76, which are
organized by rate of duty, and subdivisions (v)(xiii)
(1)-(9) and (11)-(57) of U.S. note 2 to subchapter III
of chapter 99 of the HTSUS shall be terminated as to
future entries and replaced by the new trading partner-
specific headings provided in Annex II to this order.
(f) Excluding the changes set forth in subsections
(a) through (d) of this section, the terms of Executive
Order 14257, as amended, shall continue to apply.
(g) Nothing in this order shall be construed to
alter or otherwise affect Executive Order 14298 of May
12, 2025 (Modifying Reciprocal Tariff Rates To Reflect
Discussions With the People's Republic of China).
(h) The Secretary of Commerce and the United States
Trade Representative, in consultation with the
Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection
(CBP), and the Chair of the United States International
Trade Commission, shall determine whether any
additional modifications to the HTSUS are necessary to
effectuate this order and may make such modifications
through notice in the Federal Register.
Sec. 3. Transshipment. (a) An article determined by CBP
to have been transshipped to evade applicable duties
under section 2 of this order shall be subject to (i)
an additional ad valorem rate of duty of 40 percent, in
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lieu of the additional ad valorem rate of duty
applicable under section 2 of this order to goods of
the country of origin, (ii) any other applicable or
appropriate fine or penalty, including those assessed
under 19 U.S.C. 1592, and (iii) any other United States
duties, fees, taxes, exactions, or charges applicable
to goods of the country of origin. CBP shall not allow,
consistent with applicable law, for mitigation or
remission of the penalties assessed on imports found to
be transshipped to evade applicable duties.
(b) The Secretary of Commerce and the Secretary of
Homeland Security, acting through the Commissioner of
CBP, in consultation with the United States Trade
Representative, shall publish every 6 months a list of
countries and specific facilities used in circumvention
schemes, to inform public procurement, national
security reviews, and commercial due diligence.
Sec. 4. Implementation. The Secretary of Commerce, the
Secretary of Homeland Security, and the United States
Trade Representative, as applicable, in consultation
with the Secretary of State, the Secretary of the
Treasury, the Assistant to the President for Economic
Policy, the Assistant to the President and Senior
Counselor for Trade and Manufacturing, the Assistant to
the President for National Security Affairs, and the
Chair of the International Trade Commission, are
directed and authorized to take all necessary actions
to implement and effectuate this order, consistent with
applicable law, including through temporary suspension
or amendment of regulations or notices in the Federal
Register and by adopting rules, regulations, or
guidance, and to employ all powers granted to the
President by IEEPA, as may be necessary to implement
this order. Each executive department and agency shall
take all appropriate measures within its authority to
implement this order.
Sec. 5. Monitoring and Recommendations. (a) The
Secretary of Commerce and the United States Trade
Representative shall monitor the circumstances
involving the emergency declared in Executive Order
14257 and shall regularly consult on such circumstances
with any senior official they deem appropriate. The
Secretary of Commerce and the United States Trade
Representative shall inform me of any circumstance
that, in their opinion, might indicate the need for
further action by the President. The Secretary of
Commerce and the United States Trade Representative
shall also inform me of any circumstance that, in their
opinion, might indicate that a foreign trading partner
has taken adequate steps to address the emergency
declared in Executive Order 14257.
(b) The Secretary of Commerce and the United States
Trade Representative, in consultation with any senior
official they deem appropriate, shall recommend to me
any necessary additional action if this action is not
effective in resolving the emergency declared in
Executive Order 14257.
(c) The Secretary of Commerce and the United States
Trade Representative, in coordination with the
appropriate senior officials, shall recommend
additional action, if necessary, should a foreign
trading partner fail to take adequate steps to address
the emergency declared in Executive Order 14257 or
should a foreign trading partner retaliate against the
United States in response to the actions taken to
address the emergency declared in Executive Order 14257
or any subsequent order issued to address that
emergency.
Sec. 6. Severability. If any provision of this order,
or the application of any provision of this order to
any individual or circumstance, is held to be invalid,
the remainder of this order and the application of its
provisions to any other individuals or circumstances
shall not be affected.
Sec. 7. 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.
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(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.
(d) The costs for publication of this order shall
be borne by the Office of the United States Trade
Representative.
(Presidential Sig.)
THE WHITE HOUSE,
July 31, 2025.
Billing code 3290-F8-P
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[FR Doc. 2025-15010
Filed 8-5-25; 11:15 am]
Billing code 7020-02-C