[Federal Register Volume 90, Number 173 (Wednesday, September 10, 2025)]
[Presidential Documents]
[Pages 43737-43892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17507]
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Vol. 90
Wednesday,
No. 173
September 10, 2025
Part II
The President
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Executive Order 14346--Modifying the Scope of Reciprocal Tariffs and
Establishing Procedures for Implementing Trade and Security Agreements
Executive Order 14347--Restoring the United States Department of War
Executive Order 14348--Strengthening Efforts To Protect U.S. Nationals
From Wrongful Detention Abroad
Presidential Documents
Federal Register / Vol. 90 , No. 173 / Wednesday, September 10, 2025
/ Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 43737]]
Executive Order 14346 of September 5, 2025
Modifying the Scope of Reciprocal Tariffs and
Establishing Procedures for Implementing Trade and
Security Agreements
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, it is
hereby ordered:
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,
including the consequences of those 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 certain ad valorem duties that I deemed
necessary and appropriate. In Annex II to Executive
Order 14257, I set forth a list of certain goods that,
in my judgment, should not be subject to the ad valorem
rates of duty imposed pursuant to that order.
In section 4 of Executive Order 14257, section 5 of
Executive Order 14326 of July 31, 2025 (Further
Modifying the Reciprocal Tariff Rates), and other
Executive Orders issued to address the national
emergency declared in Executive Order 14257, I directed
various officials to monitor the circumstances
involving the emergency declared in Executive Order
14257 and to recommend to me additional action that
would more effectively deal with the emergency
conditions described in Executive Order 14257. Based on
this monitoring, among other things, I have received
additional information and recommendations from these
officials. After considering the information and
recommendations these officials have provided to me,
among other things, I have determined that it is
necessary and appropriate to modify Annex II to
Executive Order 14257 as shown in the updated version
of Annex II that is attached to this order. In my
judgment, these modifications are necessary and
appropriate to deal with the national emergency
declared in Executive Order 14257.
Further, in section 4(c) of Executive Order 14257, I
noted that I might further decrease or limit in scope
the duties imposed under Executive Order 14257, as
amended, 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. Accordingly, I later
temporarily suspended the individual ad valorem rate of
duty for certain trading partners to reflect the fact
that some trading partners had signaled a willingness
to undertake meaningful economic and national security
commitments with the United States designed to combat
the emergency declared in Executive Order 14257. In
Executive Order 14326, I noted that certain foreign
trading partners had agreed, or were on the verge of
agreeing, to meaningful trade and security agreements
with the United States, with the conclusion of the
agreements to be completed in the future.
[[Page 43738]]
In my judgment, it is necessary and appropriate to take
steps contemplated in certain current and forthcoming
trade and security framework agreements (framework
agreements) between a foreign trading partner and the
United States. I determine that any modification of
tariffs required to implement current and forthcoming
framework agreements is necessary and appropriate to
deal with the national emergency declared in Executive
Order 14257 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). Except in rare circumstances, I will
refrain from narrowing the scope of the reciprocal
tariff or any relevant section 232 tariff before the
conclusion of a final trade and security agreement
(final agreement) between the foreign trading partner
and the United States.
For example, the United States and the European Union
recently announced a landmark ``Framework on an
Agreement on Reciprocal, Fair, and Balanced Trade''
(Framework Agreement). In the joint statement
announcing the Framework Agreement, the United States
committed to reduce the reciprocal tariff imposed under
Executive Order 14257, as amended, on certain products
of the European Union to zero percent and to reduce
tariffs imposed under section 232 for automobiles and
automobile parts originating from the European Union if
the European Union takes certain steps. In my judgment,
it is necessary and appropriate to implement the tariff
modifications described in the Framework Agreement.
These modifications are necessary and appropriate to
deal with the national emergency declared in Executive
Order 14257 and to reduce or eliminate the threat to
national security found in Proclamation 9888, as
amended.
Similarly, I determine that it is necessary and
appropriate to implement the terms of any final
agreement between a foreign trading partner and the
United States related to the national emergency
declared in Executive Order 14257. In my judgment, the
modifications required to implement the terms of such a
final agreement are necessary and appropriate to deal
with the national emergency declared in Executive Order
14257 and to reduce or eliminate the threats to
national security I have found pursuant to section 232.
Though I am generally unwilling for framework
agreements to narrow the scope of the reciprocal
tariffs or modify any relevant section 232 tariff
before the conclusion of a final agreement, final
agreements with the United States may include such
modifications. My willingness to reduce the reciprocal
tariff to zero percent for a given import or to modify
tariffs imposed under section 232 will depend on
numerous factors, including the scope and economic
value of a trading partner's commitments to the United
States in its agreement on reciprocal trade, the
national interests of the United States, the need to
deal with the national emergency declared in Executive
Order 14257, and the need to reduce or eliminate the
threats to national security I have found pursuant to
section 232. The list of imports for which I may be
willing to provide a zero percent reciprocal tariff
rate is set forth in the Annex to this order entitled
``Potential Tariff Adjustments for Aligned Partners,''
which contains products that cannot be grown, mined, or
naturally produced in the United States or grown,
mined, or naturally produced in sufficient quantities
in the United States to satisfy domestic demand;
certain agricultural products; aircraft and aircraft
parts; and non-patented articles for use in
pharmaceutical applications. Given the complex, fact-
specific, and sensitive nature of negotiations and the
national emergency declared in Executive Order 14257,
among other relevant considerations, the imports that
might receive a reciprocal tariff rate of zero percent
may be different for each final agreement between a
foreign trading partner and the United States.
[[Page 43739]]
Sec. 2. Updating Scope of Duties Globally. (a) The
updated version of Annex II to Executive Order 14257 is
attached to this order and 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 3 days after the date of this
order.
(b) The Harmonized Tariff Schedule of the United
States (HTSUS) shall be modified as provided in Annex I
to this order. These modifications shall enter into
effect on the date set forth in Annex I to this order.
Sec. 3. Framework Agreements. (a) Upon the conclusion
of any framework agreement of a kind described in
section 1 of this order, the Secretary of Commerce and
the United States Trade Representative shall determine
whether the United States must take any action to
implement such framework agreement. Doing so shall
include determining whether any condition or conditions
to an action by the United States has occurred or will
occur before the relevant action by the United States.
(b) If the Secretary of Commerce and the United
States Trade Representative determine that an action
must be taken to implement a framework agreement
pursuant to subsection (a) of this section and that any
condition or conditions to such action have occurred or
will occur before the relevant action by the United
States, the Secretary of Commerce and the United States
Trade Representative shall take the necessary and
appropriate actions to implement such framework
agreement in accordance with this order.
(c) The Secretary of Commerce and the United States
Trade Representative shall act in a manner consistent
with the national interests of the United States, the
purpose of this order, the need to deal with the
national emergency declared in Executive Order 14257,
and the need to reduce or eliminate the threats to
national security I have found pursuant to section 232.
Sec. 4. Final Agreements. (a) Upon the conclusion of
any final agreement of a kind described in section 1 of
this order, the Secretary of Commerce and the United
States Trade Representative shall take the necessary
and appropriate actions to implement the final
agreement in accordance with this order.
(b) In implementing any final agreement, the
Secretary of Commerce and the United States Trade
Representative shall act in a manner consistent with
the national interests of the United States, the
purpose of this order, the need to deal with the
national emergency declared in Executive Order 14257,
and the need to reduce or eliminate the threats to
national security I have found pursuant to section 232.
Sec. 5. Monitoring and Recommendations. (a) The
Secretary of Commerce and the United States Trade
Representative, in consultation with any officials they
deem appropriate, shall continue to monitor the
conditions underlying the national emergency declared
in Executive Order 14257, including the U.S. trade
deficit, the lack of reciprocity in our bilateral trade
relationships, disparate tariff rates and non-tariff
barriers, U.S. trading partners' economic policies that
suppress domestic wages and consumption imports, the
strength of our domestic manufacturing base, the
strength of our defense industrial base, and any other
relevant factors. The Secretary of Commerce and the
United States Trade Representative shall, from time to
time, update me on the status of these conditions.
(b) 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 Senior Counselor for
Trade and Manufacturing, and the Assistant to the
President for National Security Affairs, shall continue
to inform me of any circumstance that, in their
opinion, might indicate the need for further action and
shall continue to recommend to me additional action
that, in their opinion, will more effectively deal with
the emergency declared in Executive Order 14257.
(c) The Secretary of Commerce and the United States
Trade Representative, in consultation with the
Secretary of State, the Secretary of the Treasury,
[[Page 43740]]
the Secretary of Homeland Security, the Assistant to
the President for Economic Policy, the Senior Counselor
for Trade and Manufacturing, and the Assistant to the
President for National Security Affairs, shall advise
me of the conclusion of any agreement on reciprocal
trade with a particular trading partner.
Sec. 6. Delegation. (a) Consistent with applicable law,
the Secretary of Commerce, the Secretary of Homeland
Security, and the United States Trade Representative
are directed and authorized to take all necessary
actions to implement and effectuate this order and any
actions taken under section 3 or section 4 of 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 by IEEPA and section
232, as may be necessary to implement and effectuate
this order.
(b) The Secretary of Commerce and the United States
Trade Representative, in consultation with the
Commissioner of U.S. Customs and Border Protection
(CBP), the Chair of the United States International
Trade Commission, and any other senior official they
deem appropriate, shall determine whether modifications
to the HTSUS are necessary to effectuate this order and
any actions taken under section 3 or section 4 of this
order and may direct such modifications through notice
in the Federal Register.
(c) If implementation of a framework agreement or
final agreement of a kind described in section 1 of
this order requires a refund of duties collected, CBP
shall provide the refund to the extent consistent with
law. Any refunds shall be processed pursuant to
applicable law and CBP's standard procedures for such
refunds.
(d) Consistent with applicable law, the Secretary
of Commerce, the Secretary of Homeland Security, and
the United States Trade Representative may redelegate
any of these functions within their respective
department or agency.
(e) All executive departments and agencies shall
take all appropriate measures within their authority to
implement this order.
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.
(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.
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(d) The costs for publication of this order shall
be borne by the Department of Commerce.
(Presidential Sig.)
THE WHITE HOUSE,
September 5, 2025.
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[FR Doc. 2025-17507
Filed 9-9-25; 11:15 am]
Billing code 7020-02-C