What’s happened?

Tariff turbulence best summarizes the first 100 days of President Trump's second term — and dealing with the effects on the U.S. economy is not simple. The on-and-off seesaw of U.S. tariffs has forced many companies and countries to closely and constantly track which tariffs apply and when.  As of April 29, the 100^th day of the new administration, the following is a summary of the tariffs to date. 

What’s next? 

1. Trade Deals: The anticipated next step is numerous successful trade negotiations. For example, the latest Liberation Day announced reciprocal tariffs targeting a slew of countries with stiff tariffs based on export debt calculations, but these were deferred for 90 days, so trade deals can be negotiated. Many countries rushed to make deals with the U.S. As of the 19^th day of the 90-day deferral, the administration announced only one trade deal is done, but no indication with what country, and the status is unknown for the nearly 200 deals still needed. More importantly, it is unclear if the trade deals will be simple memoranda of understanding or actual bilateral agreements, which are much more detailed. 
2. More U.S. Tariffs: Several Section 232 national security investigations were announced and initiated in the past few weeks on copper, pharmaceuticals, semiconductors, lumber articles, critical minerals, energy products, trucks, and electronics and electronic components. The comment periods are open in most of these investigations, so let us know if there is interest in participating in any of the new Section 232 investigations. These investigations are anticipated to conclude with the administration imposing more tariffs on particular industry sectors’ products to protect them for national security purposes, similar to the Section 232 steel and aluminum tariffs. Furthermore, additional tariffs are likely to be imposed by both the U.S. and multiple countries if the 90-day deferral continues without success, because the reciprocal tariffs may snap back into effect after the 90 days, which will inspire other countries to impose tariffs in retribution.
3. New Adjustments to Tariff Application: On the 100th day of the new administration, a new Executive Order and Presidential Proclamation aim to address the cumulative effect of the tariffs being added together and applied on the same imports and indicate that certain tariffs should not be cumulated or “stacked” on top of each other. One proclamation addresses tariffs more generally, including Section 301 tariffs, and another EO is specific to automobiles and auto parts, allowing importers to seek a 15-10% import adjustment offset for other applicable tariffs (e.g., Section 232 steel and aluminum), if the product satisfies certain criteria. Still, the details regarding how Customs and Border Protection (CBP) will implement these actions remain to be seen.

We can help by advising on:

1. Tariff mitigation strategies can reduce and manage the application of all the new tariffs, which include assessing the complicated recent legal announcements of what tariffs apply and when, supply-chain assessment, and numerous Customs regulations and enforcement action considerations.
2. Numerous new Section 232 national security investigations have started on copper, pharmaceuticals, semiconductors, lumber articles, critical minerals, energy products, trucks, and electronics and electronic components.  Companies and industry participants can participate in these investigations by submitting comments during the open comment period and participating in hearings, among other actions. 
3. U.S.-Mexico-Canada Agreement (USMCA) preferential treatment qualifications and certifications, exempting the product from the 25% IEEPA-Fentanyl tariffs on products of Mexico and Canada;
4. Supply chain assessments and moving manufacturing from China to a third country where Chinese components or materials are “substantially transformed” into a third country of origin;
5. Tariff classification review of certain items and transactions under Chapter 98, such that the items are exempt from tariffs;
6. Transaction Value evaluation to help clients avoid common proposals by a Chinese supplier to reduce the invoiced price of goods on a commercial invoice to mitigate tariffs, when, in fact, the invoiced price does not reflect the actual price paid or payable to the Chinese supplier; and
7. Counsel and representation for CBP administrative inquiries, requests for information, actions, and enforcement actions (civil and criminal), including criminal investigation, False Claims Act/Qui Tam actions.

[1] This chart shows only the new tariffs in President Trump’s second term, as of April 29, 2025.  Please note that existing tariffs also apply (e.g., Section 301 China tariffs, general duty, etc.).

[2] On April 28, 2025, the administration announced that auto tariffs might be easing by ending the cumulation of steel, aluminum, and auto tariffs added together on certain imports, but the details are currently unknown. 

[3] The 10% reciprocal tariff is effective for 90 days to allow for negotiations between the U.S. and its trading partners.