Relief For The Agricultural Industry – Administration Exempts Certain Products From Tariffs In Most Recent Modified Executive Order

Washington, D.C. (November 21, 2025) - In short order, on November 14, 2025, President Trump again modified Executive Order 14257 ("Modified Order") which imposed "reciprocal tariffs" on U.S. trading partners, pursuant to the International Emergency Economic Powers Act of 1977 (IEEPA) and the National Emergencies Act (NEA). Per the Administration, reciprocity was based on multiple factors, including existing tariffs and regulations imposed on the U.S. This resulted in some countries paying higher tariff rates than what the U.S. pays in tariffs for that respective country's goods. Under the Modified Order, effective November 13, 2025, certain agricultural products are no longer subject to reciprocal tariffs, offering relief, be it temporary or permanent, to industry and consumers.

This revision comes shortly after the Administration issued Executive Order 14346 (EO 14346), "Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements," on September 5, 2025, which, in part, established the Potential Tariff Adjustment for Aligned Partners (PTAAP) Annex, outlining products, including agricultural products, that may be eligible for exemption from reciprocal tariffs, with "may" being the operative word. Under EO 14346, exemptions were contingent on trading partners' commitments. [See Lewis Brisbois's Update on Executive Tariff Actions in September 2025].

The Modified Order does not hinge tariff exemptions on future agreements. Rather, the agricultural products— listed in Annex IIof Executive Order 14257, as amended, and removed from the PTAAP Annex—are exempt from the tariff regime, with no additional strings attached. That said, according to a White House Fact Sheet published concurrently with the Modified Order, the "Order follows the significant progress the President has made in securing more reciprocal terms," indicating that the U.S. is closer to reaching final agreements on agricultural products with trading partners than in September.

The agricultural products are listed by their tariff codes within the Harmonized Tariff Schedule of the United States ("HTSUS"), and include coffee and tea, tropical fruits and fruit juices, cocoa and spices, bananas, oranges, tomatoes, beef, and fertilizers that were subject to the reciprocal tariffs. Consistent with EO 14346, these products are described in the Modified Order as products that are "not grown or produced in sufficient quantities in the United States."

Notably, the Modified Order does not exempt the other product categories listed in the PTAAP Annex of EO 14346. Specifically, certain aircraft and aircraft parts, certain generic pharmaceuticals and their ingredients, and unavailable natural resources and closely related derivative products are still subject to the existing tariff structure. The timeline for obtaining similar exemptions for these categories turns on the progress of negotiations between the U.S. and respective trading partners.

As seen with agricultural products, however, final agreements need not be signed by the parties for the Administration to reverse tariffs. Impacted industries should also keep in mind that the Administration's tariff regime could be derailed, at least in part, should the U.S. Supreme Court find the tariffs, or elements of the regime, are unconstitutional.

Key Takeaways

The Modified Order provides more clarity and specificity than EO 14346—at least for now—with respect to certain agricultural products, offering exemptions for agriculture and adjacent industries. Aircraft, generic pharmaceuticals, and unavailable natural resources remain subject to the tariffs. The Administration has signaled that negotiations are underway on other products. Regardless, the Administration's tariff plans under IEEPA hinge on the forthcoming U.S. Supreme Court decision.

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