Clarification of Exceptions Under
Executive Order 14257 of April 2, 2025, as Amended
Presidential
Memoranda/April 11, 2025
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