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ST&R Trade Analysis: Overview of Latest Tariff-Related Announcement

The following analysis about the latest tariff announcements by the Trump administration was provided by Sandler, Travis & Rosenberg, P.A. (ST&R), our NCBFAA Customs Counsel and Legislative Advisors.

ST&R provides NCBFAA customs broker members this overview of the latest tariff issues and highlights pace at which they are happening. Just as an interesting bit of trivia, the Biden Administration issued 21 Federal Register notices on tariff issues, while the Trump 2.0 Administration has already issued 52 in 8 months!

The following actions were recently published:

1. IEEPA Emergency Recission. Recall that under the IEEPA, only Congress or the President can rescind an emergency declaration. If a member of Congress brings a resolution to the floor rescinding the emergency, the Committee must hear it and report out within 15 calendar days, then the full body must vote on it within 3 days. A resolution was introduced to revoke the IEEPA tariffs on Canada and Mexico, but a parliamentary procedures was used in the House to change the rule that considers the measure to state that the entire 119th Congress would only count as one day for this measure.

Another resolution was introduced to rescind the emergency declaration with respect to the April 2 IEEPA tariffs, but the rule was changed to say that only one day would pass between the date of introduction and Sept. 30.

On Sept. 16, with the expiration of that original delay approaching, the House passed a new rule that said the one day would be extended to March 30, 2026. Three Republicans voted with all Democrats to oppose, but there were still enough votes to pass it, 213-211.

2. USMCA Review. The USTR also notified that it is seeking input on the USMCA and how it is working. Comments and requests to appear at the hearing are due by Nov. 3, and a hearing will be held Nov. 17. Post hearing comments will be due 7 days after the final day of testimony. This request is to prepare for the USMCA review in July 2026.

3. NTE Report. USTR is also seeking non-tariff barriers of other countries for its annual National Trade Estimates on Foreign Trade Barriers report. These comments are due Oct. 30.

4. Government Funding. Congress is working on a continuing resolution that would fund the government for 7 more weeks but there are no significant trade measures on the current House Draft. Senate Democrats are preparing their own version of a CR which will include extensions of the Affordable Care Act, so stay tuned for information on that measure and whether the government will close or not….

5. Japan Agreement Details. The ITA published a notice providing additional details on the Japan Tariff Agreement. Most importantly to traders, the HTS numbers for the revised 15% tariff rates have been notified which allows importers to seek refunds retroactive to August 7 for overpaid duties. Information on the civil aircraft and autos was also provided.

6. China 301 Exclusions. USTR is seeking comment on the most recent extension of exclusions from the Section 301 tariffs on Chinese goods. There are 179 tariff items that have been excluded from the tariffs since their initial imposition which are excluded through Nov. 29. USTR is asking for comments on these exclusions by Oct. 16.

7. Steel and Aluminum Derivatives. The petition process to add steel and aluminum derivatives to the Section 232 tariffs opened Sept. 15 for two weeks. Recalling that during the last opening of the window to add derivative products, Commerce provided 406 additional HTS items at the 8- and 10-digit subheading level which converted to essentially 750+ 10-digit subheadings.

8. Auto Parts Additions. The Bureau of Industry and Security (BIS), on behalf of the International Trade Administration (ITA) at the Commerce Department, issued an FR implementing an Interim Final Rule effective Sept. 17. Comments may be submitted by Nov. 4. It also notified that the window for petitions to add auto parts would open Oct. 1 to Oct. 15, then as in the steel and aluminum derivatives process, rebuttal comments will be allowed for two weeks, then 60 days later, Commerce will make any changes. Interestingly, the ITA will conduct these reviews, while BIS will conduct the steel and aluminum reviews.

CBP Updated Guidance for Implementing U.S.-Japan Agreement and Modified Duties on Imports from Japan

Customs and Border Protection (CBP) on Sept. 15 issued detailed guidance to the trade regarding the implementation of the Sept. 4 Executive Order (EO) 14345, “Implementing the United States-Japan Agreement” (EO 14345), which took effect at 12:01 a.m. ET on Sept. 16. The EO orders modifications to the IEEPA and Section 232 tariffs applicable to imported articles of Japan to implement the framework agreement reached between the U.S. and Japan in July.

As explained in the EO, under the agreement, the U.S. will apply a baseline 15% tariff on nearly all Japanese imports entering the U.S., alongside separate sector-specific treatment for automobiles and automobile parts and aerospace products.

EO 14345 required the Commerce Secretary of Commerce to publish a notice in the Federal Register to make the necessary modifications to the HTSUS as necessary and appropriate to effectuate the EO. On Sept. 15, the Commerce Department posted the implementing notice, Implementing Certain Tariff-Related Elements of the United States-Japan Agreement, with the relevant HTSUS modifications for public inspection on the Federal Register website, with a scheduled publication date of Sept. 16.

CBP provided detailed import entry filing guidance to the trade regarding the modified application of the tariffs to this specific trade deal, including the general reciprocal tariff and exemptions, civil aircraft, automobile and related parts, steel and aluminum products subject to Section 232, and HTS sequencing.

BIS Opens Window for Section 232 Steel and Aluminum Tariff Inclusions Process

The Commerce Department’s Bureau of Industry and Security (BIS), as announced in a Sept. 15 Federal Register notice, established a process for including additional derivative steel and aluminum articles within the scope of the duties authorized by the Trump Administration under Section 232 of the 1962 Trade Expansion Act. Specifically, this notice opens the September 2025 inclusions window for submissions, starting Sept. 15 and closing at 11:59 p.m. ET on Sept. 29.

On Feb. 10, President Trump issued Proclamations 10895, “Adjusting Imports of Aluminum into The United States,” and 10896, “Adjusting Imports of Steel into the United States.” These proclamations imposed specified rates of duty on imports of aluminum and steel articles and certain derivative steel and aluminum articles, respectively.

The Inclusions Proclamations also required the Commerce Secretary to establish a process for including additional derivative aluminum and steel articles within the scope of the duties. In an interim final rule (IFR) published on May 2 (90 FR 18780), BIS amended supplement no. 1 to Part 705 of Title 15 of the Code of Federal Regulations and established a process for including additional derivative aluminum and steel articles within the scope of the duties authorized by President Trump under Section 232 of the 1962 Trade Expansion Act, as amended. This IFR established recurring two-week windows each year for submissions for derivative products in May, September, and January.

BIS said only submissions for inclusions requests are being accepted and must be emailed to the Defense Industrial Base Programs inbox at DIBPrograms@bis.doc.gov.