Notice of Implementation of Addressing Certain Tariffs on Imported Articles Pursuant to the President's Executive Order 14289, 21487-21489 [2025-09066]
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Federal Register / Vol. 90, No. 96 / Tuesday, May 20, 2025 / Notices
Address: National Institutes of Health,
Neuroscience Center, 6001 Executive
Boulevard, Rockville, MD 20852.
Meeting Format: Virtual Meeting.
Contact Person: Regina Dolan-Sewell,
Ph.D., Scientific Review Officer, Division of
Extramural Activities, National Institute of
Mental Health, National Institutes of Health,
Neuroscience Center, 6001 Executive Blvd.,
Bethesda, MD 20852, (240) 796–6785,
regina.dolan-sewell@nih.gov.
(Catalogue of Federal Domestic Assistance
Program No. 93.242, Mental Health Research
Grants, National Institutes of Health, HHS)
Dated: May 15, 2025.
Bruce A. George,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2025–09008 Filed 5–19–25; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Notice of Implementation of
Addressing Certain Tariffs on Imported
Articles Pursuant to the President’s
Executive Order 14289
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice.
AGENCY:
In order to effectuate the
President’s Executive Order 14289,
‘‘Addressing Certain Tariffs on Imported
Articles,’’ which eliminates the
compounding or ‘‘stacking’’ of certain
overlapping tariffs that were imposed
under various statutory authorities and
Executive orders to protect national
security and address unusual and
extraordinary threats to the national
security, foreign policy, and economy of
the United States, the Secretary of
Homeland Security has determined that
appropriate action is needed to ensure
collection of applicable duties as well as
to modify the Harmonized Tariff
Schedule of the United States (HTSUS)
as set out in the Annex to this notice.
DATES: The HTSUS is modified with
respect to covered articles, as set out in
the Annex to this document, at 12:01
a.m. eastern daylight time on May 16,
2025. The amendments shall apply to
all covered articles that were entered for
consumption, or withdrawn from
warehouse for consumption, as
specified in the Annex to this
document. Requests for refunds may be
filed on or after May 16, 2025.
FOR FURTHER INFORMATION CONTACT:
Brandon Lord, Executive Director, Trade
Policy and Programs, Office of Trade,
U.S. Customs and Border Protection,
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SUMMARY:
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16:50 May 19, 2025
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(202) 325–6432 or by email at
traderemedy@cbp.dhs.gov. C. Shane
Campbell, Acting Executive Director,
Cargo and Conveyance Security, Office
of Field Operations, U.S. Customs and
Border Protection, (202) 344–3401 or by
email at traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION: The
United States has imposed tariffs under
various statutory authorities, 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 604 of
the Trade Act of 1974, as amended (19
U.S.C. 2483), section 232 of the Trade
Expansion Act of 1962, as amended (19
U.S.C. 1862), section 301 of title 3,
United States Code, and Executive
orders to protect national security,
confront unusual and extraordinary
threats to the national security, foreign
policy, and economy of the United
States, and promote the interests of
American workers and industries.
Although many of these actions, as
listed below, serve separate and distinct
policy purposes, on April 29, 2025, the
President issued Executive Order 14289,
‘‘Addressing Certain Tariffs on Imported
Articles’’ (90 FR 18907), in which the
President determined that these tariffs
should not all have a cumulative effect
(or ‘‘stack’’ on top of one another).
Therefore, to avoid the cumulative effect
of overlapping tariffs on certain articles,
Executive Order 14289 sets forth
procedures for determining which tariffs
should apply to an article when that
article is subject to more than one of the
actions listed in section 2 of Executive
Order 14289, and set forth here:
(a) Proclamation 10908 of March 26,
2025 (‘‘Adjusting Imports of
Automobiles and Automobile Parts Into
the United States’’);
(b) Executive Order 14193 of February
1, 2025 (‘‘Imposing Duties To Address
the Flow of Illicit Drugs Across Our
Northern Border’’), as amended by
Executive Order 14197 of February 3,
2025 (‘‘Progress on the Situation at Our
Northern Border’’), Executive Order
14226 of March 2, 2025 (‘‘Amendment
to Duties To Address the Flow of Illicit
Drugs Across Our Northern Border’’),
and Executive Order 14231 of March 6,
2025 (‘‘Amendment to Duties to
Address the Flow of Illicit Drugs Across
Our Northern Border’’);
(c) Executive Order 14194 of February
1, 2025 (‘‘Imposing Duties To Address
the Situation at Our Southern Border’’),
as amended by Executive Order 14198
of February 3, 2025 (‘‘Progress on the
Situation at Our Southern Border’’),
Executive Order 14227 of March 2, 2025
(‘‘Amendment to Duties To Address the
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21487
Situation at Our Southern Border’’), and
Executive Order 14232 of March 6, 2025
(‘‘Amendment to Duties to Address the
Flow of Illicit Drugs Across Our
Southern Border’’);
(d) Proclamation 9704 of March 8,
2018 (‘‘Adjusting Imports of Aluminum
Into the United States’’),1 as amended
by Proclamation 9980 of January 24,
2020 (‘‘Adjusting Imports of Derivative
Aluminum Articles and Derivative Steel
Articles Into the United States’’), and
Proclamation 10895 of February 10,
2025 (‘‘Adjusting Imports of Aluminum
Into the United States’’);
(e) Proclamation 9705 of March 8,
2018 (‘‘Adjusting Imports of Steel Into
the United States’’), as amended by
Proclamation 9980 of January 24, 2020
(‘‘Adjusting Imports of Derivative
Aluminum Articles and Derivative Steel
Articles Into the United States’’), and
Proclamation 10896 of February 10,
2025 (‘‘Adjusting Imports of Steel Into
the United States’’).
Notwithstanding any provision of any
action listed in section 2 of Executive
Order 14289, where an imported article
is subject to tariffs corresponding to
more than one of the actions referenced
in section 2 of Executive Order 14289,
that article shall be subject to the
appropriate action(s) as prioritized in
the order established in section 3(a) of
Executive Order 14289. The order of
priority shall be as follows:
(1) If an article is subject to tariffs
pursuant to the action listed in section
2(a) of Executive Order 14289, it will
not be subject to additional tariffs listed
in sections 2(b) through (e) of the order.
(2) If an article is subject to tariffs
pursuant to the actions listed in section
2(b) or 2(c) of Executive Order 14289, it
will not be subject to additional tariffs
listed in section 2(d) or 2(e) of the order.
(3) If an article is subject to tariffs
pursuant to the actions listed in section
2(d) of Executive Order 14289, it will be
subject to any applicable additional
tariffs listed in section 2(e) of the order,
provided the article otherwise satisfies
all conditions necessary for application
of those additional tariffs. Likewise, if
an article is subject to tariffs pursuant to
the actions listed in section 2(e) of the
order, it will be subject to any
applicable additional tariffs listed in
section 2(d) of the order, provided the
article otherwise satisfies all conditions
1 The reference to Proclamation 9704 of March 8,
2018, encompasses Proclamation 10522 of February
24, 2023 (Adjusting Imports of Aluminum Into the
United States), which amended Clause 2 of
Proclamation 9704 to subject aluminum articles that
are products of Russia or containing aluminum
smelt or cast in Russia and aluminum derivative
articles that are products of Russia or containing
aluminum smelt or cast in Russia to a 200 percent
ad valorem duty rate.
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Federal Register / Vol. 90, No. 96 / Tuesday, May 20, 2025 / Notices
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necessary for application of those
additional tariffs.
In accordance with section 4 of
Executive Order 14289, nothing in the
order shall be interpreted to alter or
limit the application of any duties,
taxes, fees, or exactions other than those
imposed pursuant to the actions listed
in section 2 of Executive Oder 14289.
Accordingly, an article that is subject to
duties pursuant to an action listed in
section 2 of Executive Order 14289 may
still be subject to other applicable
duties, taxes, fees, exactions, and
charges, such as, but not limited to:
those set forth in column 1 of the
Harmonized Tariff Schedule of the
United States (HTSUS); imposed
pursuant to section 301 of the Trade Act
of 1974, as amended; imposed pursuant
to Executive Order 14195 of February 1,
2025 (‘‘Imposing Duties To Address the
Synthetic Opioid Supply Chain in the
People’s Republic of China’’), as
amended; and antidumping and
countervailing duties.
Goods qualifying for preferential tariff
treatment under the United StatesMexico-Canada Agreement (USMCA),
will not be subject to additional tariffs
on parts of passenger vehicles and light
trucks listed in section 2(a) of Executive
Order 14289; 2 and goods qualifying for
preferential tariff treatment under
USMCA will not be subject to additional
tariffs listed in section 2(b) or 2(c) of
Executive Order 14289. Instead, such
goods will be subject to additional
tariffs listed in sections 2(d) and/or 2(e)
of Executive Order 14289, as applicable,
in addition to any other applicable
tariff.
For covered articles that were entered
for consumption, or withdrawn from
warehouse for consumption, as
specified in this Annex, and for which
the accompanying duty payment
included tariffs that would not be
required under Executive Order 14289,
importers may request a refund by filing
a post summary correction (PSC) 3 for
unliquidated entries or filing a protest
under 19 U.S.C. 1514 for entries that
have liquidated but where the protest
2 In accordance with Proclamation 10908 of
March 26, 2025, goods that received preferential
tariff treatment under USMCA will not be subject
to additional tariffs for parts of passenger vehicles
and light trucks listed in section 2(a) of Executive
Order 14289 until such time that the Secretary of
Commerce, in consultation with CBP, establishes a
process to apply the tariff exclusively to the value
of the non-U.S. content of such automobile parts
and publishes notice in the Federal Register.
3 Post-Summary Corrections to Entry Summaries
Filed in ACE Pursuant to the ESAR IV Test (PostSummary Corrections Test), 76 FR 37136 (June 24,
2011). CBP has modified and clarified various
aspects of the Post-Summary Corrections Test
through a series of subsequent Federal Register
notices.
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period has not expired. The Secretary of
Homeland Security has determined that
appropriate action is needed to modify
the HTSUS as set out in the Annex to
this notice.
Kristi Noem,
Secretary.
Annex
To Modify Chapter 99 of the Harmonized
Tariff Schedule of the United States
‘‘A. Effective with respect to goods entered
for consumption, or withdrawn from
warehouse for consumption, on or after 12:01
a.m. eastern time on April 3, 2025,
subdivision (a) of note 33 to subchapter III of
chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS) is
modified by inserting the following clause at
the end of the last sentence of the second
paragraph after ‘‘heading 9903.94.01’’:
‘‘, except that entries of passenger vehicles
(sedans, sport utility vehicles, crossover
utility vehicles, minivans, and cargo vans)
and entries of light trucks shall not be subject
to: (1) the additional duties imposed on
entries of articles the product of Canada
under heading 9903.01.10; (2) the additional
duties imposed on entries of articles the
product of Mexico under heading 9903.01.01;
(3) the additional duties imposed on entries
of products of aluminum under heading
9903.85.02; (4) the additional duties imposed
on entries of derivative aluminum products
under headings 9903.85.04, 9903.85.07 and
9903.85.08; (5) the additional duties imposed
on entries of iron or steel products under
headings 9903.81.87 and 9903.81.88; and (6)
the additional duties imposed on entries of
derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91
and 9903.81.93’’.
‘‘B. Effective with respect to goods entered
for consumption, or withdrawn from
warehouse for consumption, on or after 12:01
a.m. eastern time on May 3, 2025,
subdivision (f) of note 33 to subchapter III of
chapter 99 of the HTSUS is modified by
inserting the following clause at the end of
the last sentence of the second paragraph
after ‘‘heading 9903.94.05’’:
‘‘, except that entries of parts of passenger
vehicles (sedans, sport utility vehicles,
crossover utility vehicles, minivans, and
cargo vans) and entries of parts of light trucks
shall not be subject to: (1) the additional
duties imposed on entries of articles the
product of Canada under heading 9903.01.10;
(2) the additional duties imposed on entries
of articles the product of Mexico under
heading 9903.01.01; (3) the additional duties
imposed on entries of products of aluminum
under heading 9903.85.02; (4) the additional
duties imposed on entries of derivative
aluminum products under headings
9903.85.04, 9903.85.07 and 9903.85.08; (5)
the additional duties imposed on entries of
iron or steel products under headings
9903.81.87 and 9903.81.88; and (6) the
additional duties imposed on entries of
derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91
and 9903.81.93’’.
‘‘C. Effective with respect to goods entered
for consumption, or withdrawn from
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warehouse for consumption, on or after 12:01
a.m. eastern time on March 4, 2025:
1. subdivision (j) of note 2 to subchapter
III of chapter 99 of the HTSUS is modified
by inserting the following clause at the end
of the fifth paragraph after ‘‘and 9903.01.13’’:
‘‘, except that entries of products of Canada
shall not be subject to: (1) the additional
duties imposed on entries of products of
aluminum under heading 9903.85.02; (2) the
additional duties imposed on entries of
derivative aluminum products under
headings 9903.85.04, 9903.85.07 and
9903.85.08; (3) the additional duties imposed
on entries of iron or steel products under
headings 9903.81.87 and 9903.81.88; and (4)
the additional duties imposed on entries of
derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91
and 9903.81.93’’; and
2. subdivision (a) of note 2 to subchapter
III of chapter 99 of the HTSUS is modified
by inserting the following clause at the end
of the fifth paragraph after ‘‘by heading
9903.01.01’’:
‘‘, except that entries of products of Mexico
shall not be subject to: (1) the additional
duties imposed on entries of products of
aluminum under heading 9903.85.02; (2) the
additional duties imposed on entries of
derivative aluminum products under
headings 9903.85.04, 9903.85.07 and
9903.85.08; (3) the additional duties imposed
on entries of iron or steel products under
headings 9903.81.87 and 9903.81.88; and (4)
the additional duties imposed on entries of
derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91
and 9903.81.93’’.
‘‘D. Effective with respect to goods entered
for consumption, or withdrawn from
warehouse for consumption, on or after 12:01
a.m. eastern time on March 7, 2025:
1. subdivision (l) of note 2 to subchapter
III of chapter 99 of the HTSUS is modified
by inserting the following new fifth
paragraph:
‘‘Products of Canada that are provided for
in heading 9903.01.14 shall continue to be
subject to antidumping, countervailing, or
other duties, taxes, fees, exactions and
charges that apply to such products, and
products of Canada that are provided for in
heading 9903.01.14 shall be subject to: (1) the
additional duties imposed on entries of
aluminum products under heading
9903.85.02; (2) the additional duties imposed
on entries of derivative aluminum products
under headings 9903.85.04, 9903.85.07 or
9903.85.08; (3) the additional duties imposed
on entries of iron or steel products under
headings 9903.81.87 or 9903.81.88; and (4)
the additional duties imposed on entries of
derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91
or 9903.81.93.’’; and
2. subdivision (c) of note 2 to subchapter
III of chapter 99 of the HTSUS is modified
by inserting the following new fifth
paragraph:
‘‘Products of Mexico that are provided for
in heading 9903.01.04 shall continue to be
subject to antidumping, countervailing, or
other duties, taxes, fees, exactions and
charges that apply to such products, and
products of Mexico that are provided for in
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Federal Register / Vol. 90, No. 96 / Tuesday, May 20, 2025 / Notices
heading 9903.01.04 shall be subject to: (1) the
additional duties imposed on entries of
aluminum products under heading
9903.85.02; (2) the additional duties imposed
on entries of derivative aluminum products
under headings 9903.85.04, 9903.85.07 or
9903.85.08; (3) the additional duties imposed
on entries of iron or steel products under
headings 9903.81.87 or 9903.81.88; and (4)
the additional duties imposed on entries of
derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91
or 9903.81.93.’’.
‘‘E. Effective with respect to goods entered
for consumption, or withdrawn for
warehouse for consumption, on or after 12:01
eastern time on March 12, 2025, subdivision
(h) of note 19 to subchapter III of chapter 99
of the HTSUS is modified by inserting the
following new sentence at the end of the
paragraph:
‘‘Entries of derivative aluminum products
under headings 9903.85.04, 9903.85.07 and
9903.85.08 shall also be subject to the
additional duties imposed on entries of
derivative iron and steel products by
headings 9903.81.89, 9903.81.90, 9903.81.91
and 9903.81.93, provided that the derivative
aluminum products otherwise satisfy all
conditions necessary for application of the
additional duties on entries of derivative iron
and steel products.’’.
‘‘F. Effective with respect to goods entered
for consumption, or withdrawn for
warehouse for consumption, on or after 12:01
eastern time on March 12, 2025, subdivision
(k) of note 16 to subchapter III of chapter 99
of the HTSUS is modified by inserting the
following new sentence at the end of the
paragraph:
‘‘Entries of derivative iron or steel products
under headings 9903.81.89, 9903.81.90,
9903.81.91 and 9903.81.93 shall also be
subject to the additional duties imposed on
entries of derivative aluminum products by
headings 9903.85.04, 9903.85.07 and
9903.85.08, provided that the derivative iron
or steel products otherwise satisfy all
conditions necessary for application of the
additional duties on entries of derivative
aluminum products.’’.
[FR Doc. 2025–09066 Filed 5–15–25; 4:30 pm]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2025–0002; Internal
Agency Docket No. FEMA–B–2523]
Proposed Flood Hazard
Determinations
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Notice.
khammond on DSK9W7S144PROD with NOTICES
AGENCY:
Comments are requested on
proposed flood hazard determinations,
which may include additions or
modifications of any Base Flood
Elevation (BFE), base flood depth,
SUMMARY:
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16:50 May 19, 2025
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Special Flood Hazard Area (SFHA)
boundary or zone designation, or
regulatory floodway on the Flood
Insurance Rate Maps (FIRMs), and
where applicable, in the supporting
Flood Insurance Study (FIS) reports for
the communities listed in the table
below. The purpose of this notice is to
seek general information and comment
regarding the preliminary FIRM, and
where applicable, the FIS report that the
Federal Emergency Management Agency
(FEMA) has provided to the affected
communities. The FIRM and FIS report
are the basis of the floodplain
management measures that the
community is required either to adopt
or to show evidence of having in effect
in order to qualify or remain qualified
for participation in the National Flood
Insurance Program (NFIP).
DATES: Comments are to be submitted
on or before August 18, 2025.
ADDRESSES: The Preliminary FIRM, and
where applicable, the FIS report for
each community are available for
inspection at both the online location
https://hazards.fema.gov/femaportal/
prelimdownload and the respective
Community Map Repository address
listed in the tables below. Additionally,
the current effective FIRM and FIS
report for each community are
accessible online through the FEMA
Map Service Center at https://
msc.fema.gov for comparison.
You may submit comments, identified
by Docket No. FEMA–B–2523, to Rick
Sacbibit, Chief, Engineering Services
Branch, Risk Analysis, Planning &
Information Directorate, FEMA, 400 C
Street SW, Washington, DC 20472, (202)
646–7659, or (email) patrick.sacbibit@
fema.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Rick
Sacbibit, Chief, Engineering Services
Branch, Risk Analysis, Planning &
Information Directorate, FEMA, 400 C
Street SW, Washington, DC 20472, (202)
646–7659, or (email) patrick.sacbibit@
fema.dhs.gov; or visit the FEMA
Mapping and Insurance eXchange
(FMIX) online at https://
www.floodmaps.fema.gov/fhm/fmx_
main.html.
SUPPLEMENTARY INFORMATION: FEMA
proposes to make flood hazard
determinations for each community
listed below, in accordance with section
110 of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
These proposed flood hazard
determinations, together with the
floodplain management criteria required
by 44 CFR 60.3, are the minimum that
are required. They should not be
construed to mean that the community
must change any existing ordinances
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21489
that are more stringent in their
floodplain management requirements.
The community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These flood hazard determinations are
used to meet the floodplain
management requirements of the NFIP.
The communities affected by the
flood hazard determinations are
provided in the tables below. Any
request for reconsideration of the
revised flood hazard information shown
on the Preliminary FIRM and FIS report
that satisfies the data requirements
outlined in 44 CFR 67.6(b) is considered
an appeal. Comments unrelated to the
flood hazard determinations also will be
considered before the FIRM and FIS
report become effective.
Use of a Scientific Resolution Panel
(SRP) is available to communities in
support of the appeal resolution
process. SRPs are independent panels of
experts in hydrology, hydraulics, and
other pertinent sciences established to
review conflicting scientific and
technical data and provide
recommendations for resolution. Use of
the SRP only may be exercised after
FEMA and local communities have been
engaged in a collaborative consultation
process for at least 60 days without a
mutually acceptable resolution of an
appeal. Additional information
regarding the SRP process can be found
online at https://www.floodsrp.org/pdfs/
srp_overview.pdf.
The watersheds and/or communities
affected are listed in the tables below.
The Preliminary FIRM, and where
applicable, FIS report for each
community are available for inspection
at both the online location https://
hazards.fema.gov/femaportal/prelim
download and the respective
Community Map Repository address
listed in the tables. For communities
with multiple ongoing Preliminary
studies, the studies can be identified by
the unique project number and
Preliminary FIRM date listed in the
tables. Additionally, the current
effective FIRM and FIS report for each
community are accessible online
through the FEMA Map Service Center
at https://msc.fema.gov for comparison.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Kristin E. Fontenot,
Assistant Administrator, Risk Analysis,
Planning & Information Directorate, Federal
Emergency Management Agency, Department
of Homeland Security.
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]]>Agencies
[Federal Register Volume 90, Number 96 (Tuesday, May 20, 2025)]
[Notices]
[Pages 21487-21489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09066]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Notice of Implementation of Addressing Certain Tariffs on
Imported Articles Pursuant to the President's Executive Order 14289
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In order to effectuate the President's Executive Order 14289,
``Addressing Certain Tariffs on Imported Articles,'' which eliminates
the compounding or ``stacking'' of certain overlapping tariffs that
were imposed under various statutory authorities and Executive orders
to protect national security and address unusual and extraordinary
threats to the national security, foreign policy, and economy of the
United States, the Secretary of Homeland Security has determined that
appropriate action is needed to ensure collection of applicable duties
as well as to modify the Harmonized Tariff Schedule of the United
States (HTSUS) as set out in the Annex to this notice.
DATES: The HTSUS is modified with respect to covered articles, as set
out in the Annex to this document, at 12:01 a.m. eastern daylight time
on May 16, 2025. The amendments shall apply to all covered articles
that were entered for consumption, or withdrawn from warehouse for
consumption, as specified in the Annex to this document. Requests for
refunds may be filed on or after May 16, 2025.
FOR FURTHER INFORMATION CONTACT: Brandon Lord, Executive Director,
Trade Policy and Programs, Office of Trade, U.S. Customs and Border
Protection, (202) 325-6432 or by email at [email protected]. C.
Shane Campbell, Acting Executive Director, Cargo and Conveyance
Security, Office of Field Operations, U.S. Customs and Border
Protection, (202) 344-3401 or by email at [email protected].
SUPPLEMENTARY INFORMATION: The United States has imposed tariffs under
various statutory authorities, 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 604 of the Trade Act
of 1974, as amended (19 U.S.C. 2483), section 232 of the Trade
Expansion Act of 1962, as amended (19 U.S.C. 1862), section 301 of
title 3, United States Code, and Executive orders to protect national
security, confront unusual and extraordinary threats to the national
security, foreign policy, and economy of the United States, and promote
the interests of American workers and industries. Although many of
these actions, as listed below, serve separate and distinct policy
purposes, on April 29, 2025, the President issued Executive Order
14289, ``Addressing Certain Tariffs on Imported Articles'' (90 FR
18907), in which the President determined that these tariffs should not
all have a cumulative effect (or ``stack'' on top of one another).
Therefore, to avoid the cumulative effect of overlapping tariffs on
certain articles, Executive Order 14289 sets forth procedures for
determining which tariffs should apply to an article when that article
is subject to more than one of the actions listed in section 2 of
Executive Order 14289, and set forth here:
(a) Proclamation 10908 of March 26, 2025 (``Adjusting Imports of
Automobiles and Automobile Parts Into the United States'');
(b) Executive Order 14193 of February 1, 2025 (``Imposing Duties To
Address the Flow of Illicit Drugs Across Our Northern Border''), as
amended by Executive Order 14197 of February 3, 2025 (``Progress on the
Situation at Our Northern Border''), Executive Order 14226 of March 2,
2025 (``Amendment to Duties To Address the Flow of Illicit Drugs Across
Our Northern Border''), and Executive Order 14231 of March 6, 2025
(``Amendment to Duties to Address the Flow of Illicit Drugs Across Our
Northern Border'');
(c) Executive Order 14194 of February 1, 2025 (``Imposing Duties To
Address the Situation at Our Southern Border''), as amended by
Executive Order 14198 of February 3, 2025 (``Progress on the Situation
at Our Southern Border''), Executive Order 14227 of March 2, 2025
(``Amendment to Duties To Address the Situation at Our Southern
Border''), and Executive Order 14232 of March 6, 2025 (``Amendment to
Duties to Address the Flow of Illicit Drugs Across Our Southern
Border'');
(d) Proclamation 9704 of March 8, 2018 (``Adjusting Imports of
Aluminum Into the United States''),\1\ as amended by Proclamation 9980
of January 24, 2020 (``Adjusting Imports of Derivative Aluminum
Articles and Derivative Steel Articles Into the United States''), and
Proclamation 10895 of February 10, 2025 (``Adjusting Imports of
Aluminum Into the United States'');
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\1\ The reference to Proclamation 9704 of March 8, 2018,
encompasses Proclamation 10522 of February 24, 2023 (Adjusting
Imports of Aluminum Into the United States), which amended Clause 2
of Proclamation 9704 to subject aluminum articles that are products
of Russia or containing aluminum smelt or cast in Russia and
aluminum derivative articles that are products of Russia or
containing aluminum smelt or cast in Russia to a 200 percent ad
valorem duty rate.
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(e) Proclamation 9705 of March 8, 2018 (``Adjusting Imports of
Steel Into the United States''), as amended by Proclamation 9980 of
January 24, 2020 (``Adjusting Imports of Derivative Aluminum Articles
and Derivative Steel Articles Into the United States''), and
Proclamation 10896 of February 10, 2025 (``Adjusting Imports of Steel
Into the United States'').
Notwithstanding any provision of any action listed in section 2 of
Executive Order 14289, where an imported article is subject to tariffs
corresponding to more than one of the actions referenced in section 2
of Executive Order 14289, that article shall be subject to the
appropriate action(s) as prioritized in the order established in
section 3(a) of Executive Order 14289. The order of priority shall be
as follows:
(1) If an article is subject to tariffs pursuant to the action
listed in section 2(a) of Executive Order 14289, it will not be subject
to additional tariffs listed in sections 2(b) through (e) of the order.
(2) If an article is subject to tariffs pursuant to the actions
listed in section 2(b) or 2(c) of Executive Order 14289, it will not be
subject to additional tariffs listed in section 2(d) or 2(e) of the
order.
(3) If an article is subject to tariffs pursuant to the actions
listed in section 2(d) of Executive Order 14289, it will be subject to
any applicable additional tariffs listed in section 2(e) of the order,
provided the article otherwise satisfies all conditions necessary for
application of those additional tariffs. Likewise, if an article is
subject to tariffs pursuant to the actions listed in section 2(e) of
the order, it will be subject to any applicable additional tariffs
listed in section 2(d) of the order, provided the article otherwise
satisfies all conditions
[[Page 21488]]
necessary for application of those additional tariffs.
In accordance with section 4 of Executive Order 14289, nothing in
the order shall be interpreted to alter or limit the application of any
duties, taxes, fees, or exactions other than those imposed pursuant to
the actions listed in section 2 of Executive Oder 14289. Accordingly,
an article that is subject to duties pursuant to an action listed in
section 2 of Executive Order 14289 may still be subject to other
applicable duties, taxes, fees, exactions, and charges, such as, but
not limited to: those set forth in column 1 of the Harmonized Tariff
Schedule of the United States (HTSUS); imposed pursuant to section 301
of the Trade Act of 1974, as amended; imposed pursuant to Executive
Order 14195 of February 1, 2025 (``Imposing Duties To Address the
Synthetic Opioid Supply Chain in the People's Republic of China''), as
amended; and antidumping and countervailing duties.
Goods qualifying for preferential tariff treatment under the United
States-Mexico-Canada Agreement (USMCA), will not be subject to
additional tariffs on parts of passenger vehicles and light trucks
listed in section 2(a) of Executive Order 14289; \2\ and goods
qualifying for preferential tariff treatment under USMCA will not be
subject to additional tariffs listed in section 2(b) or 2(c) of
Executive Order 14289. Instead, such goods will be subject to
additional tariffs listed in sections 2(d) and/or 2(e) of Executive
Order 14289, as applicable, in addition to any other applicable tariff.
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\2\ In accordance with Proclamation 10908 of March 26, 2025,
goods that received preferential tariff treatment under USMCA will
not be subject to additional tariffs for parts of passenger vehicles
and light trucks listed in section 2(a) of Executive Order 14289
until such time that the Secretary of Commerce, in consultation with
CBP, establishes a process to apply the tariff exclusively to the
value of the non-U.S. content of such automobile parts and publishes
notice in the Federal Register.
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For covered articles that were entered for consumption, or
withdrawn from warehouse for consumption, as specified in this Annex,
and for which the accompanying duty payment included tariffs that would
not be required under Executive Order 14289, importers may request a
refund by filing a post summary correction (PSC) \3\ for unliquidated
entries or filing a protest under 19 U.S.C. 1514 for entries that have
liquidated but where the protest period has not expired. The Secretary
of Homeland Security has determined that appropriate action is needed
to modify the HTSUS as set out in the Annex to this notice.
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\3\ Post-Summary Corrections to Entry Summaries Filed in ACE
Pursuant to the ESAR IV Test (Post-Summary Corrections Test), 76 FR
37136 (June 24, 2011). CBP has modified and clarified various
aspects of the Post-Summary Corrections Test through a series of
subsequent Federal Register notices.
Kristi Noem,
Secretary.
Annex
To Modify Chapter 99 of the Harmonized Tariff Schedule of the United
States
``A. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern time on April 3, 2025, subdivision (a) of note 33 to
subchapter III of chapter 99 of the Harmonized Tariff Schedule of
the United States (HTSUS) is modified by inserting the following
clause at the end of the last sentence of the second paragraph after
``heading 9903.94.01'':
``, except that entries of passenger vehicles (sedans, sport
utility vehicles, crossover utility vehicles, minivans, and cargo
vans) and entries of light trucks shall not be subject to: (1) the
additional duties imposed on entries of articles the product of
Canada under heading 9903.01.10; (2) the additional duties imposed
on entries of articles the product of Mexico under heading
9903.01.01; (3) the additional duties imposed on entries of products
of aluminum under heading 9903.85.02; (4) the additional duties
imposed on entries of derivative aluminum products under headings
9903.85.04, 9903.85.07 and 9903.85.08; (5) the additional duties
imposed on entries of iron or steel products under headings
9903.81.87 and 9903.81.88; and (6) the additional duties imposed on
entries of derivative iron or steel products under headings
9903.81.89, 9903.81.90, 9903.81.91 and 9903.81.93''.
``B. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern time on May 3, 2025, subdivision (f) of note 33 to
subchapter III of chapter 99 of the HTSUS is modified by inserting
the following clause at the end of the last sentence of the second
paragraph after ``heading 9903.94.05'':
``, except that entries of parts of passenger vehicles (sedans,
sport utility vehicles, crossover utility vehicles, minivans, and
cargo vans) and entries of parts of light trucks shall not be
subject to: (1) the additional duties imposed on entries of articles
the product of Canada under heading 9903.01.10; (2) the additional
duties imposed on entries of articles the product of Mexico under
heading 9903.01.01; (3) the additional duties imposed on entries of
products of aluminum under heading 9903.85.02; (4) the additional
duties imposed on entries of derivative aluminum products under
headings 9903.85.04, 9903.85.07 and 9903.85.08; (5) the additional
duties imposed on entries of iron or steel products under headings
9903.81.87 and 9903.81.88; and (6) the additional duties imposed on
entries of derivative iron or steel products under headings
9903.81.89, 9903.81.90, 9903.81.91 and 9903.81.93''.
``C. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern time on March 4, 2025:
1. subdivision (j) of note 2 to subchapter III of chapter 99 of
the HTSUS is modified by inserting the following clause at the end
of the fifth paragraph after ``and 9903.01.13'':
``, except that entries of products of Canada shall not be
subject to: (1) the additional duties imposed on entries of products
of aluminum under heading 9903.85.02; (2) the additional duties
imposed on entries of derivative aluminum products under headings
9903.85.04, 9903.85.07 and 9903.85.08; (3) the additional duties
imposed on entries of iron or steel products under headings
9903.81.87 and 9903.81.88; and (4) the additional duties imposed on
entries of derivative iron or steel products under headings
9903.81.89, 9903.81.90, 9903.81.91 and 9903.81.93''; and
2. subdivision (a) of note 2 to subchapter III of chapter 99 of
the HTSUS is modified by inserting the following clause at the end
of the fifth paragraph after ``by heading 9903.01.01'':
``, except that entries of products of Mexico shall not be
subject to: (1) the additional duties imposed on entries of products
of aluminum under heading 9903.85.02; (2) the additional duties
imposed on entries of derivative aluminum products under headings
9903.85.04, 9903.85.07 and 9903.85.08; (3) the additional duties
imposed on entries of iron or steel products under headings
9903.81.87 and 9903.81.88; and (4) the additional duties imposed on
entries of derivative iron or steel products under headings
9903.81.89, 9903.81.90, 9903.81.91 and 9903.81.93''.
``D. Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern time on March 7, 2025:
1. subdivision (l) of note 2 to subchapter III of chapter 99 of
the HTSUS is modified by inserting the following new fifth
paragraph:
``Products of Canada that are provided for in heading 9903.01.14
shall continue to be subject to antidumping, countervailing, or
other duties, taxes, fees, exactions and charges that apply to such
products, and products of Canada that are provided for in heading
9903.01.14 shall be subject to: (1) the additional duties imposed on
entries of aluminum products under heading 9903.85.02; (2) the
additional duties imposed on entries of derivative aluminum products
under headings 9903.85.04, 9903.85.07 or 9903.85.08; (3) the
additional duties imposed on entries of iron or steel products under
headings 9903.81.87 or 9903.81.88; and (4) the additional duties
imposed on entries of derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91 or 9903.81.93.''; and
2. subdivision (c) of note 2 to subchapter III of chapter 99 of
the HTSUS is modified by inserting the following new fifth
paragraph:
``Products of Mexico that are provided for in heading 9903.01.04
shall continue to be subject to antidumping, countervailing, or
other duties, taxes, fees, exactions and charges that apply to such
products, and products of Mexico that are provided for in
[[Page 21489]]
heading 9903.01.04 shall be subject to: (1) the additional duties
imposed on entries of aluminum products under heading 9903.85.02;
(2) the additional duties imposed on entries of derivative aluminum
products under headings 9903.85.04, 9903.85.07 or 9903.85.08; (3)
the additional duties imposed on entries of iron or steel products
under headings 9903.81.87 or 9903.81.88; and (4) the additional
duties imposed on entries of derivative iron or steel products under
headings 9903.81.89, 9903.81.90, 9903.81.91 or 9903.81.93.''.
``E. Effective with respect to goods entered for consumption, or
withdrawn for warehouse for consumption, on or after 12:01 eastern
time on March 12, 2025, subdivision (h) of note 19 to subchapter III
of chapter 99 of the HTSUS is modified by inserting the following
new sentence at the end of the paragraph:
``Entries of derivative aluminum products under headings
9903.85.04, 9903.85.07 and 9903.85.08 shall also be subject to the
additional duties imposed on entries of derivative iron and steel
products by headings 9903.81.89, 9903.81.90, 9903.81.91 and
9903.81.93, provided that the derivative aluminum products otherwise
satisfy all conditions necessary for application of the additional
duties on entries of derivative iron and steel products.''.
``F. Effective with respect to goods entered for consumption, or
withdrawn for warehouse for consumption, on or after 12:01 eastern
time on March 12, 2025, subdivision (k) of note 16 to subchapter III
of chapter 99 of the HTSUS is modified by inserting the following
new sentence at the end of the paragraph:
``Entries of derivative iron or steel products under headings
9903.81.89, 9903.81.90, 9903.81.91 and 9903.81.93 shall also be
subject to the additional duties imposed on entries of derivative
aluminum products by headings 9903.85.04, 9903.85.07 and 9903.85.08,
provided that the derivative iron or steel products otherwise
satisfy all conditions necessary for application of the additional
duties on entries of derivative aluminum products.''.
[FR Doc. 2025-09066 Filed 5-15-25; 4:30 pm]
BILLING CODE 9111-14-P
