In an era marked by global unrest, regulatory complexities, and a shifting market landscape, companies must remain diligent in their trade compliance procedures and stay apprised of changes in the law.
TC Trade Alerts will serve as a central resource for identifying the policy changes, executive orders, and necessary information and context regarding government actions affecting international trade.
See below for more information on the last TC Trade Alert. If you have any questions about how this affects your business, please don't hesitate to contact one of our attorneys.
Additional Resources
Trade Compliance Handbook | Checklists of Foreign Countries Subject to Sanctions | Our International Trade Practice
| TRADE ALERT – IMPORTS | |
| HEADLINE | Trump Imposes 10% Reciprocal Tariffs on All Countries, Enhanced Tariffs on Certain Countries with Higher U.S. Trade Deficit |
| DATE | 02 April 2025 |
| AGENCY | Trump Administration; Department of Commerce; United States Trade Representative; Customs and Border Protection |
| EFFECTIVE DATE | 12:01 am EDT on 5 April 2025 (baseline 10% reciprocal
tariff rate) 12:01 am EDT on 9 April 2025 (enhanced reciprocal tariff rate) |
| BACKGROUND | In February 2025, the Trump Administration set forth its plan to review the tariff and non-tariff barriers to trade that other countries applied to U.S. imports in anticipation of creating a reciprocal tariff program applied to foreign imports. |
| DETAILS | Reciprocal Action. The Trump Administration
announced two categories of sweeping reciprocal tariffs affecting
nearly all countries and products. " Baseline 10% reciprocal tariff rate for all. A baseline 10% tariff on imports from all countries effective April 5, 2025 at 12:01 a.m. EDT. " Enhanced reciprocal tariff rates for some countries. Approximately 60 countries included in Annex I*, will be subject to a higher tariff than the baseline rate, effective April 9, 2025, at 12:01 a.m. EDT. Major countries that will be subject to a higher rate include China/HK/Macau (34%), the EU (20%), Vietnam (46%), Taiwan (32%), Japan (24%), India (26%), and South Korea (25%). Unless otherwise indicated, these tariffs are in addition to other measures imposed by the United States. *The Order does not explicitly state whether, on April 9, the enhanced reciprocal tariff rates will be added to the baseline 10% rate OR will instead replace the baseline 10% rate. Additional clarification from the Administration will be necessary. In-Transit Goods. Goods loaded onto a vessel at the port of loading and in transit on the final mode of transit before 12:01 a.m. EDT on each respective effective date will not be subject to the respective additional tariffs. EXEMPTIONS " USMCA-compliant imports; " Steel or aluminum articles and derivatives that are subject to Section 232 duties; " Automobiles and automotive parts subject to recently imposed Section 232 duties; " Copper, pharmaceuticals, semiconductors, lumber articles, certain critical minerals, energy and energy products, and other products (set forth in Annex II**); " Imports that are subject to column 2 rates of duties (goods from Cuba, North Korea, Russia, and Belarus); " Goods subject to future Section 232 actions; " Goods from Canada or Mexico that are subject to current IEEPA Tariffs. —-If the IEEPA tariffs on Canada and Mexico are removed, USMCA-compliant goods will not be subject to additional duties, while non-USMCA compliant goods will be subject to a 12% reciprocal tariff. Additionally, the tariffs apply only to the non-U.S. content of a subject article, provided at least 20% of the value of the subject article is U.S. originating. **Importers should take note that Annex II states that "the formal language in Annex III governs the tariff treatment of products covered by the action," even though no Annex III is referenced in the Order and no Annex III has been otherwise posted or published. MISC. " These duties are eligible for duty-drawback. " The order does not discuss the application of Chapter 98 duty relief to the reciprocal tariffs. " Goods admitted into an FTZ must be in "privileged foreign status." " Section 321 (de minimis) treatment to be removed, when processes are available. " The order contains authority for the President to modify or remove the tariff on each country if trading partners retaliate, decrease, or remove the tariffs. |
| BASIS | International Emergency Economic Powers Act of 1977 (IEEPA) |
| HTS/PRODUCTS | All products. Specific rates for different countries. |
| COUNTRY | All |
| CITE | EO: https://www.whitehouse.gov/presidential-actions/2025/04/regulating-imports-with-a-reciprocal-tariff-to-rectify-trade-practices-that-contribute-to-large-and-persistent-annual-united-states-goods-trade-deficits/
Annex I: https://www.whitehouse.gov/wp-content/uploads/2025/04/Annex-I.pdf Annex II: https://www.whitehouse.gov/wp-content/uploads/2025/04/Annex-II.pdf Fact Sheet: President Donald J. Trump Declares National Emergency to Increase our Competitive Edge, Protect our Sovereignty, and Strengthen our National and Economic Security – The White House White House Charts: https://www.cnn.com/business/live-news/tariffs-trump-news-04-02-25/index.html |
Annex I –
Annex II –
https://www.whitehouse.gov/wp-content/uploads/2025/04/Annex-II.pdf
