[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Presidential Documents]
[Pages 43535-43538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17389]
[[Page 43533]]
Vol. 90
Tuesday,
No. 172
September 9, 2025
Part III
The President
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Executive Order 14345--Implementing the United States-Japan Agreement
Presidential Documents
Federal Register / Vol. 90 , No. 172 / Tuesday, September 9, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 14345 of September 4, 2025
Implementing the United States-Japan Agreement
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 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862) (section 232), 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. On July 22, 2025, I announced a
framework agreement between the United States and Japan
(Agreement), which lays the foundation for a new era of
United States-Japan trade relations grounded in
principles of reciprocity and our shared national
interests. The Agreement establishes a tariff framework
that levels the playing field for American producers
and accounts for American national security needs. In
my judgment, the Agreement is necessary and appropriate
to address the national emergency declared 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), as amended, and to reduce or
eliminate the threats to national security found 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;
Proclamation 9888 of May 17, 2019 (Adjusting Imports of
Automobiles and Automobile Parts Into the United
States), as amended; and Proclamation 10962 of July 30,
2025 (Adjusting Imports of Copper Into the United
States). The Agreement will reduce the United States
trade deficit, boost the economy of the United States,
and address the consequences of the United States trade
deficit, including by strengthening the manufacturing
and defense industrial base of the United States.
Under the Agreement, the United States will apply a
baseline 15 percent tariff on nearly all Japanese
imports entering the United States, alongside separate
sector-specific treatment for automobiles and
automobile parts; aerospace products; generic
pharmaceuticals; and natural resources that are not
naturally available or produced in the United States.
This new tariff framework, combined with expanded
United States exports and investment-driven production,
will help reduce the trade deficit with Japan and
restore greater balance to the overall United States
trade position.
Japan, meanwhile, will provide American manufacturing,
aerospace, agriculture, food, energy, automobile, and
industrial goods producers with breakthrough openings
in market access across key sectors. Specifically, the
Government of Japan is working toward an expedited
implementation of a 75 percent increase of United
States rice procurements within the Minimum Access rice
scheme and purchases of United States agricultural
goods, including corn, soybeans, fertilizer, bioethanol
(including for sustainable aviation fuel), as well as
other United States products, in amounts totaling $8
billion per year. The Government of Japan is also
working to accept for sale in Japan United States-
manufactured and United States-safety-certified
passenger vehicles without additional testing.
Separately, Japan will purchase United States-made
commercial aircraft, as well as United States defense
equipment.
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Critically, unlike any other agreement in American
history, the Government of Japan has agreed to invest
$550 billion in the United States. These investments--
which will be selected by the United States
Government--will generate hundreds of thousands of
United States jobs, expand domestic manufacturing, and
secure American prosperity for generations.
In my judgment, I determine that the following actions
are consistent with the national interest of the United
States and are necessary and appropriate to address the
national emergency declared in Executive Order 14257,
as amended, and to reduce or eliminate the threats to
national security found in Proclamation 9704, as
amended; Proclamation 9705, as amended; Proclamation
9888, as amended; and Proclamation 10962.
Sec. 2. General Tariffs. (a) The additional ad valorem
rate of duty applicable to products of Japan shall be
determined by a product's current ad valorem (or ad
valorem equivalent) rate of duty under column 1 of the
Harmonized Tariff Schedule of the United States (HTSUS)
(``Column 1 Duty Rate''). For a product of Japan with a
Column 1 Duty Rate in the HTSUS 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 product of Japan with
a Column 1 Duty Rate that is at least 15 percent, the
additional rate of duty pursuant to this order shall be
zero percent. Treatment of specific or compound duty
rates shall be identical to the treatment provided to
products of the European Union as outlined in Executive
Order 14326 of July 31, 2025 (Further Modifying the
Reciprocal Tariff Rates). The duties described in this
subsection shall apply in lieu of the additional ad
valorem duties previously imposed on products of Japan
under Executive Order 14257, as amended.
(b) Except as provided in subsection (a) of this
section, the terms of Executive Order 14257, as
amended, shall continue to apply to products of Japan.
(c) The Secretary of Commerce (Secretary), in
consultation with the United States Trade
Representative; 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 (ITC), shall
determine whether modifications to the HTSUS are
necessary or appropriate to effectuate this order and
may make such modifications through notice in the
Federal Register.
(d) The tariffs set forth in subsection (a) of this
section shall apply retroactively to products of Japan
entered for consumption or withdrawn from warehouse for
consumption on or after 12:01 a.m. eastern daylight
time on August 7, 2025. Any refunds shall be processed
pursuant to applicable laws and CBP's standard
procedures for such refunds.
(e) The Secretary may issue rules, regulations,
guidance, and procedures to carry out the provisions of
this section, including rules for determining what are
``products of Japan'' for purposes of this section.
Sec. 3. Aerospace. (a) With respect to products of
Japan that fall under the World Trade Organization
Agreement on Trade in Civil Aircraft, except for
unmanned aircraft, the tariffs imposed through the
following Presidential actions and subsequent
amendments to those actions shall no longer apply, as
of the date of publication of the Federal Register
notice described in subsection (b) of this section:
(i) Executive Order 14257, as amended;
(ii) Proclamation 9704, as amended;
(iii) Proclamation 9705, as amended; and
(iv) Proclamation 10962.
(b) Within 7 days of the date of publication of
this order in the Federal Register, the Secretary, in
consultation with the Chair of the ITC and the
Commissioner of CBP, shall publish a notice in the
Federal Register modifying the HTSUS consistent with
this section.
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(c) The Secretary may issue rules, regulations,
guidance, and procedures to carry out the provisions of
this section, including rules for determining what are
``products of Japan'' for purposes of this section.
Sec. 4. Automobiles and Automobile Parts. (a) As of the
date of publication of the Federal Register notice
described in subsection (b) of this section, in lieu of
the additional section 232 ad valorem duties imposed on
products of Japan in Proclamation 10908 of March 26,
2025 (Adjusting Imports of Automobiles and Automobile
Parts Into the United States), as amended, the
additional ad valorem rate of duty applicable to an
automobile or automobile part that is a product of
Japan and subject to duties under Proclamation 10908,
as amended, shall be determined by the product's Column
1 Duty Rate. For a product of Japan with a Column 1
Duty Rate that is less than 15 percent, the sum of its
Column 1 Duty Rate and the additional automobile or
automobile part section 232 ad valorem rate of duty
pursuant to this order shall be 15 percent. For a
product of Japan with a Column 1 Duty Rate that is at
least 15 percent, the additional automobile or
automobile part section 232 ad valorem rate of duty
imposed shall be zero percent.
(b) Within 7 days of the date of publication of
this order in the Federal Register, the Secretary, in
consultation with the Chair of the ITC and the
Commissioner of CBP, shall publish a notice in the
Federal Register modifying the HTSUS consistent with
this section.
(c) The Secretary may issue rules, regulations,
guidance, and procedures to carry out the provisions of
this section, including rules for determining whether
automobiles and automobile parts are ``products of
Japan'' for purposes of this section.
Sec. 5. Products Not Subject to Reciprocal Tariffs. (a)
To implement the terms of the Agreement, the Secretary
is authorized to modify the reciprocal tariff rate
imposed under Executive Order 14257, as amended, to
zero percent for products of Japan that are natural
resources unavailable (or unavailable at sufficient
scale to satisfy domestic demand) in the United States,
generic pharmaceuticals, generic pharmaceutical
ingredients, and generic pharmaceutical chemical
precursors.
(b) In determining when and for which products to
modify the reciprocal tariff rate to zero percent, the
Secretary shall act in a manner consistent with the
national interests of the United States; the purposes
of this order; the need to deal with the national
emergency declared in Executive Order 14257, as
amended; and the need to reduce or eliminate the
threats to national security that I found pursuant to
section 232. The Secretary shall also consider factors
he deems appropriate, including the scope and nature of
the commitments of the Government of Japan under the
Agreement; the scope and nature of the commitments of
the United States under the Agreement; the actions
taken by the Government of Japan to implement its
commitments under the Agreement; and the actions taken
by the United States to implement its commitments under
the Agreement.
Sec. 6. Monitoring and Modifications. (a) The Secretary
shall monitor the progress of Japan's implementation of
its commitments under the Agreement and shall, from
time to time, update me on the status of Japan's
implementation.
(b) Should Japan fail to implement its commitments
under the Agreement, I may modify this order as
necessary to deal with the emergency declared in
Executive Order 14257, as amended, and to reduce or
eliminate the threats to national security found in
Proclamation 9704, as amended; Proclamation 9705, as
amended; Proclamation 9888, as amended; and
Proclamation 10962.
Sec. 7. Delegation. (a) Consistent with applicable law,
the Secretary and the Secretary of Homeland Security
are directed and authorized to take all necessary
actions to implement and effectuate this order--
including through temporary suspension or amendment of
regulations or through notices in the Federal Register
and by adopting rules, regulations, or guidance--and to
employ all powers granted to the President, including
those granted
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by IEEPA and section 232, as may be necessary to
implement and effectuate this order.
(b) The Secretary of Homeland Security, in
consultation with the Chair of the ITC, shall determine
whether additional modifications to the HTSUS are
necessary to effectuate this order and may make such
modifications through notice in the Federal Register.
The Secretary of Homeland Security shall consult with
any senior officials she deems appropriate.
(c) Consistent with applicable law, the Secretary
and the Secretary of Homeland Security may, consistent
with applicable law, redelegate any of these functions
within their respective department or agency.
(d) All executive departments and agencies shall
take all
appropriate measures within their authority to
implement this order.
Sec. 8. Interaction With Other Presidential Actions.
Any provision of previous proclamations and Executive
Orders that is inconsistent with the actions directed
in this order is superseded to the extent of such
inconsistency.
Sec. 9. 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.
(d) The costs for publication of this order shall
be borne by the Department of Commerce.
(Presidential Sig.)
THE WHITE HOUSE,
September 4, 2025.
[FR Doc. 2025-17389
Filed 9-8-25; 11:15 am]
Billing code 3510-DT-P