Policy and Legal

Policy and Legal

NAM Update: President Trump Imposes New Tariffs on Canada, Mexico and China

On Feb. 1, President Donald Trump imposed 25% tariffs on products from Canada with lower 10% on energy products, 25% tariffs on products from Mexico and an additional 10% on products from the People’s Republic of China.

NAM Vice President of International Policy Andrea Durkin and her team break down the actions for manufacturers:

Executive orders impose tariffs on Canada, China and Mexico: On Feb. 1, President Trump, through three separate executive orders, declared a national emergency and invoked the International Emergency Economic Powers Act to apply ad valorem tariffs on products from Canada, Mexico and China, citing the sustained influx of illicit opioids and other drugs.

  • Canada Executive Order:“Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border”
  • China Executive Order: “Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China”
  • Mexico Executive Order: “Imposing Duties to Address the Situation at the Southern Border”

How tariffs will apply:

  • For products from Canada:
  • A 25% tariff will be applied in addition to any already applicable duties, fees or charges.
  • A 10% tariff will be applied to “energy or energy resources” defined as crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, hydropower and critical minerals.
  • For products from China:
    • A 10% tariff will be applied in addition to any already applicable duties, fees or charges.
    • For products from Mexico:
    • A 25% tariff will be applied in addition to any already applicable duties, fees or charges.
  • No duty drawback:No drawback shall be available with respect to the duties imposed pursuant to these orders.
  • De minimis: Duty-free de minimis treatment will be suspended.

Timing of the tariffs:

  • Tariffs will apply from Feb. 4, 2025.
  • Tariffs will not apply to goods loaded onto a vessel or in transit before 12:01 a.m. Feb. 1 with certification to U.S. Customs.

Duration of tariffs: The tariffs will remain in place until the president determines that the governments of Canada, Mexico and/or China have taken “sufficient action to alleviate the crisis,” including through cooperative enforcement actions.

A retaliation clause: The president may increase or expand in scope the tariffs imposed under these executive orders if the governments of Canada, Mexico and/or China impose retaliatory tariffs.

Reports to Congress: The Secretary of Homeland Security, in coordination with the Secretary of the Treasury and other agencies, will submit recurring and final reports to Congress on the state of the national emergency under these orders.

What’s next: The NAM issued a statement in response, and the NAM trade team is analyzing the impact on manufacturers and will continue to engage policymakers on these sweeping trade actions.

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