Policy and Legal

Mexico announced this week that it will raise tariffs by 50% on automobiles made by China and other Asian countries (Reuters, subscription).

A broad effort: The increase is part of a broad range of trade policy changes, “which will increase tariffs to varying degrees on goods across multiple sectors including textiles, steel and automotive [vehicles], would impact $52 billion of imports.”

• Mexican tariffs on Chinese cars currently stand at 20%.
• Other policy changes include a 35% tariff on steel, toys and motorcycles and tariffs on textiles of between 10% and 50%.

The rationale: “[Mexican Economy Minister Marcelo] Ebrard said the measures, which come just within limits imposed by the World Trade Organization, were intended to protect jobs in Mexico as Chinese cars were entering the local market ‘below what we call reference prices.’”

The big picture: Analysts see this move as an effort to align Mexican trade policy with the Trump administration’s aims, as the two countries continue to negotiate over their own trade ties.

• President Trump has urged U.S. trading partners to reduce their economic ties with China on security grounds.
• “‘The U.S. is not going to allow China to use Mexico as a backdoor,’ said Mariana Campero of the CSIS Americas Program, adding that Mexico has doubled its trade deficit with China in the last decade, hitting $120 billion last year.”

USMCA: The U.S.–Mexico–Canada Agreement, which the NAM was instrumental in achieving during President Trump’s first term, is up for review in 2026.

• The NAM remains one of the foremost backers of North American trade, at a time when one-third of all imported manufacturing inputs now come to the U.S. from Canada and Mexico.
• The trade agreement has also been crucial in helping the U.S. outcompete China; today, U.S. imports of manufacturing inputs from North America are more than three times the quantity imported from China.

Making “draconian changes” to the Securities and Exchange Commission’s regulatory approach to non-U.S. companies could result in reduced foreign investment in U.S. manufacturing, among other negative repercussions, the NAM told the agency this week.

What’s going on: The NAM has urged the SEC to “proceed cautiously” in considering changes to the definition of “foreign private issuer,” which are foreign-owned companies with shares that trade on American stock exchanges.

• FPIs have raised capital from U.S. investors and invested billions of dollars to expand their U.S. manufacturing operations, a trend that is expected to continue during the second Trump administration.
• The SEC exempts FPIs from many of the disclosure requirements that apply to domestic companies because FPIs are presumed to be closely regulated in their home countries.
• However, in recent years, there has been a surge of FPIs that are headquartered in China and/or incorporated in the Cayman Islands, prompting concern among SEC officials about whether there is sufficient regulatory oversight of these companies and protection for their U.S. investors.
• The SEC is considering tightening the FPI definition, which would reduce the number of foreign firms that qualify for FPI regulatory relief. Such an action would increase compliance costs for those companies that lose their FPI status.

Why it’s important: Without the accommodations under the current definition, “it may be difficult for [FPIs] to retain their dual listings in the United States—potentially threatening their ability to access capital in the U.S. and expand their U.S. operations,” the NAM said.

• “While we share the [SEC’s] interest in protecting investors and ensuring that U.S. companies do not face undue regulatory burdens when competing with foreign firms, [overly strict adjustments] to the FPI definition … would have the unintended consequence of deterring foreign companies from raising the capital they need to expand their U.S. manufacturing operations,” the NAM told the agency, in response to an SEC call for public input on possible eligibility changes.

What should be done: The NAM outlined three alternative ways for a company to continue to qualify as an FPI:

• If it is traded on a major foreign stock exchange
• If it is based in a country with robust disclosure rules and investor protection regulations
• If its home country negotiates a Multijurisdictional Disclosure System agreement with the United States

In the eight months since President Trump took office, the NAM has worked closely with the administration on modernized regulations to address the regulatory burden that manufacturers are facing.

• With the industry shouldering $350 billion every year in regulatory costs, the NAM has called for dozens of regulatory reforms to support the industry’s growth.
• The administration has responded to the NAM’s advocacy, delivering manufacturing wins in the form of lifting the liquefied natural gas export ban, rescinding Securities and Exchange Commission guidance that had empowered activist investors, reconsidering the previous administration’s unworkable PM2.5 standard and more.

Now, the administration has released its Spring 2025 Unified Regulatory Agenda —which closely aligns with the NAM’s regulatory agenda and includes even more opportunities for collaboration between manufacturers and the administration.

What’s in it: The NAM has identified more than 120 opportunities for regulatory reform in the unified agenda, in policy areas ranging from labor, to energy, to finance and much more. While the NAM has been advocating for many of these changes since the beginning, the agenda also includes new chances for meaningful reform.

• The NAM is tracking all these potential victories for manufacturers, but three areas stand out as priorities, according to NAM Vice President of Domestic Policy Jake Kuhns.

Modernizing EPA rules: The EPA is finalizing reviews of several rules from the Biden administration that would have imposed substantial burdens on manufacturers: the PM2.5 NAAQS rule, the Power Plant Rule, the Good Neighbor Rule, multiple National Emission Standards for Hazardous Air Pollutants on ethylene oxide, the Toxic Substances Control Act risk evaluation framework, the Risk Management Program and the definition of “Waters of the United States.”

• Manufacturers see these Biden-era rules as unworkable and harmful to investment. The NAM will continue providing the industry’s perspectives to policymakers as they reconsider these regulations, Kuhns said.

Unlocking resources: The administration is pushing to reconcile the Interior Department’s critical minerals list and the Energy Department’s critical materials list—a goal the NAM has long supported.

• This reform could unleash manufacturers’ access to the raw materials required for the energy transition and the AI age, Kuhns noted.

Implementing tax reform: In the wake of manufacturers’ tremendous tax victory with the passage of H.R. 1, which made permanent many pro-growth tax provisions, the NAM is working closely with the administration to ensure the implementation of the law is as effective as possible for manufacturers.

• The NAM is helping to shape expedient, practical guidance that will maximize the benefits and minimize compliance burdens for manufacturers, Kuhns added.
• The tax law created a new deduction for manufacturing production facilities—a key implementation priority for the NAM.

The NAM says: “The breadth of the agenda—and its alignment with manufacturers’ policy priorities—creates real potential for transformative regulatory reform, and it’s clear the administration is hearing us,” said Kuhns. “The NAM will continue engaging agencies, convening member input and holding Washington accountable for practical, pro-growth outcomes.”

The politicization of the proxy process has harmed manufacturers and must be addressed, the NAM told the House Committee on Financial Services on Tuesday.

What’s going on: “When manufacturers offer their shares to the public, it allows everyday Americans to participate in the industry’s success, largely through passive investments like mutual funds, pension plans and 401(k) accounts,” the NAM told lawmakers before a Wednesday hearing.

• But in recent years, shareholder activists, with the support of proxy advisors, have increasingly hijacked the proxy ballot process to advance political and social agendas that have little to do with a company’s business.
• These activist proposals force publicly traded manufacturers to take positions on contentious political issues and drive up costs for companies and other investors. Each shareholder proposal “can impose direct costs in excess of $150,000,” the NAM noted.

More problems: Proxy advisory firms, which provide institutional investors with research and voting recommendations, are not subject to any meaningful oversight by the Securities and Exchange Commission.

• What’s more, two firms—Institutional Shareholder Services and Glass Lewis—control 97% of the U.S. proxy advice market and frequently have “significant conflicts of interest” when issuing their voting recommendations, the NAM said.
• Further, these firms’ proxy research reports often include errors and misleading statements.

The background: Following years of NAM advocacy, the SEC finalized a rule in July 2020 to rein in proxy firms and require them to notify their clients if companies had responses to their research reports.

• But the following year, after a change in presidential administrations, the SEC refused to enforce that rule and then gutted most of the reforms in the 2020 rule.
• This past July, the U.S. Court of Appeals for the D.C. Circuit ruled in a lawsuit brought by ISS that the SEC lacks the authority to regulate proxy advice.

What now? “Following the D.C. Circuit’s decision, it has become even more imperative for Congress to act to pass legislation that reaffirms the SEC’s authority to regulate proxy advice under the Exchange Act,” the NAM said.

• The NAM urged lawmakers to support SEC rulemaking that prohibits proxy firms from offering consulting services tainted by conflicts of interest and provide all American public companies covered by their research “with a reasonable opportunity” to review their draft reports.
• The NAM also encouraged lawmakers to support rulemaking to modernize Rule 14a-8 by increasing the outdated $2,000 ownership requirement, updating the resubmission thresholds to exclude proposals rejected by investors and allowing companies to exclude activist proposals that raise environmental, social and political topics that are not material.

The final say: The NAM thanked Chairman French Hill (R-AR) for holding the hearing on shareholder proposals and proxy firms. “We agree that the proxy process has been increasingly co-opted by activist investors who are pushing narrow political, social or personal agendas that harm manufacturers and Main Street investors,” the NAM posted on X on Wednesday.  ​​​​​

The NAM and six allied manufacturing groups have urged Congress to modernize the 1975 Energy Policy and Conservation Act.

What’s going on: “After years of dramatic improvements in appliance efficiency, additional, meaningful, cost-justified energy savings are unlikely under EPCA’s current structure without forcing manufacturers and consumers to make tradeoffs in the form of features, performance and product availability,” the business associations said.

• EPCA created, among other things, the Energy Conservation Program for Consumer Products, which sets minimum efficiency standards for common household appliances and equipment.
• The NAM was joined in this advocacy effort by the Association of Home Appliance Manufacturers, the Air-Conditioning, Heating and Refrigeration Institute, the Air Movement and Control Association International, the American Lighting Association, the North American Association of Food Equipment Manufacturers and the National Electrical Manufacturers Association.

Why it’s important: Yesterday, the House Energy and Commerce Committee held a hearing to discuss stricter EPCA efficiency standards enacted during the Biden administration.

• The joint release issued by the NAM and other manufacturing groups called on the committee to help ensure that businesses and consumers can choose the appliances and equipment they want and that investments made by manufacturers are not undermined.

Next steps: Yesterday’s hearing is expected to act as a precursor to legislative action that the committee will consider in the coming weeks.

The NAM says: “Manufacturers, including producers and users of energy, are committed to reducing our energy intensity and producing more energy-efficient consumer products to keep America leading in innovation, help reduce energy demand, save money and lower costs,” the NAM told the Department of Energy earlier this year. “Manufacturers strongly support sensible efficiency and waste-reduction measures across all sectors of the economy.”

• “The NAM supports joint government–industry initiatives that enhance private-sector investment in public building efficiency improvement projects, policies that strengthen and harmonize standards for existing commercial, industrial and residential buildings and policies that recognize the incredible efficiency improvements manufacturers have made to products already.”

Yesterday, the Department of Health and Human Services released a second installment of the Make America Healthy Again Commission’s strategy report, focusing on nutrition and vaccines, among other topics (NBC).

Industry response: The NAM and manufacturers cautioned that HHS’s approach undermines the administration’s regulatory agenda.

• “Manufacturers share the administration’s goals of safeguarding Americans’ health and safety,” said NAM President and CEO Jay Timmons. “However, in light of this administration’s exceptional track record to drive a rebalanced regulatory agenda to strengthen manufacturing and benefit consumers, the commission’s strategy report is a shocking misstep.”

The risks: “Manufacturers are concerned that policies based on faulty information and misguided science could result in overly burdensome and ineffective regulatory proposals for manufacturers without making consumers safer,” Timmons continued.

• “If implemented, the strategy would harm manufacturers across the country and the consumers who benefit from an efficient, healthy and cost-effective supply chain.”
• “It also would add to the compliance burden that the administration has made so many great strides to unwind. Manufacturers in the U.S. shoulder nearly $350 million every year in compliance costs—capital that manufacturers would much rather invest in their facilities, their employees and their products—and this administration has been a key partner in alleviating that burden.”

Safety safeguarded: “Manufacturers throughout the chemical, pharmaceutical, and food and beverage supply chains prioritize Americans’ health and safety,” Timmons emphasized.

• “They comply with strict regulatory guidelines and lead with innovation to deliver safe and reliable products, ensure resilient and secure supply chains, safeguard health, preserve consumer choice and enhance accessibility and affordability.”

The bottom line: “Manufacturers are committed to working with the administration to ensure our industry can continue to deliver safe, innovative and affordable products to American families. But the strategy of the MAHA report will take America in the wrong direction.”

NAM in action: The NAM this week launched a new national ad showcasing the vital role that manufacturers throughout the food and beverage supply chain play in strengthening families, building communities and driving the nation forward—and, of course, providing safe and nutritious food.

The Trump administration announced that it will take a crucial step for simplifying the permitting process and unleashing new construction—including of data centers supporting the AI boom (Daily Caller).

• The NAM has led the manufacturing industry’s efforts to streamline permitting, working closely with the administration on dozens of key policy moves.

What’s going on: “The Environmental Protection Agency (EPA) announced its intent to revise the definition of ‘begin actual construction’ for New Source Review (NSR) preconstruction permitting so that companies can build or update non-emitting sections of power plants and industrial facilities before obtaining a Clean Air Act (CAA) construction permit.”

• “The shift would allow companies to get much-needed power on the grid sooner while still safeguarding the environment, several industry insiders told the Daily Caller News Foundation.”
• NAM President and CEO Jay Timmons told the DCNF, “[c]hampioning the needs of manufacturers, the EPA’s new guidance on New Source Review brings speed and certainty to a vital preconstruction permitting process.”

What they’re saying: “For years, Clean Air Act permitting has been an obstacle to innovation and growth,” EPA Administrator Lee Zeldin said Tuesday.

• “We are continuing to fix this broken system. Today’s guidance is another step to allow the build-out of essential power generation, data centers and manufacturing projects that will bring about America’s Golden Age.”

NAM advocacy:  In December , manufacturers laid out recommendations to the presidential transition team to speed up the nation’s permitting process, including reforms to NSR.

• In April, manufacturers reiterated the need to abandon the previous administration’s NSR proposal and instead adopt a practical, commonsense approach.

The NAM’s response: “ Today, the EPA is delivering by making the permitting process more prompt, clear and responsible—keeping air quality safe while cutting excessive red tape,” said NAM President and CEO Jay Timmons in a statement issued today.

• “By doing so, the EPA will fast-track construction of essential power generation, data centers and manufacturing facilities, and that means more jobs, investments and opportunities for manufacturers in the U.S. and the communities we serve.”
• “Delivering on what manufacturers have asked for, this guidance will drive infrastructure development by streamlining permitting reform for all energy sources so we can unleash American energy dominance.”
• In a win for manufacturers, Timmons continued, “[we] thank President Trump and EPA Administrator Lee Zeldin for their leadership to advance commonsense reforms that strengthen manufacturing in America, enhance our competitiveness and allow us to lead the world in innovation.”

On Friday night, President Trump issued an executive order that amends the list of products exempted from International Emergency Economic Powers Act reciprocal tariffs. In effect, this EO significantly changes the procedures for updates to IEEPA reciprocal tariffs and Section 232 tariffs. These changes went into effect on Monday.

Changes to April 2 EO: This EO amends Annex II of the April 2 IEEPA reciprocal tariff EO. It contained a list of Harmonized Tariff Schedule codes that are exempt from IEEPA reciprocal tariffs but contained many items likely to become subject to Section 232 tariffs as they were part of the scope of pending investigations.

• Exemptions added: Forty HTS codes have been added to Annex II, exempting them from the IEEPA reciprocal tariffs. They include certain critical minerals such as nickel, tin and thorium ores, chemicals, permanent magnets and LEDs.
• Exemptions taken away: Eight HTS codes have been removed from Annex II, making them newly subject to the IEEPA reciprocal tariffs. They include certain aluminum hydroxide, crystals, resins, PET and silicones.

Zero-for-zero: The NAM has long advocated for the administration to negotiate new market access for U.S. industrial exports on a reciprocal basis.

• Friday’s EO establishes a new “Potential Tariff Adjustments for Aligned Partners” Annex.
• The PTAAP Annex lists products for which the president “may be willing to provide a zero percent reciprocal tariff” to countries that have concluded final “Framework Agreements” with the United States.

Potential reductions: While the EO does not implement tariff reductions, it does provide guidelines for eligibility.

• Products eligible for tariff reductions include those that cannot be grown, mined or naturally produced in the United States or grown, mined or naturally produced in sufficient quantities in the United States to satisfy domestic demand.
• Also eligible are certain agricultural products, aircraft and aircraft parts and non-patented articles for use in pharmaceutical applications.

Getting to zero: The president stipulates that “except in rare circumstances” trading partners won’t get a zero tariff or a 232 tariff preference “before the conclusion of a final trade and security agreement (‘final agreement’) with the U.S.”

• However, the EO goes on to refer to the EU Framework Agreement as sufficient to modify U.S. tariffs.
• The EO states that “the imports that might receive a reciprocal tariff rate of zero percent may be different for each final agreement between a foreign trading partner and the United States.”
• Importantly, the zero-duty treatment can apply to both IEEPA reciprocal tariffs and to Section 232 national security tariffs.​​​​​​​

Washington, D.C. — Following the release of the Make America Healthy Again (MAHA) Commission’s strategy report, National Association of Manufacturers President and CEO Jay Timmons issued the following statement:

“Manufacturers share the administration’s goals of safeguarding Americans’ health and safety. However, in light of this administration’s exceptional track record to drive a rebalanced regulatory agenda to strengthen manufacturing and benefit consumers, the Commission’s strategy report is a shocking misstep.

“Manufacturers are concerned that policies based on faulty information and misguided science could result in overly burdensome and ineffective regulatory proposals for manufacturers without making consumers safer. If implemented, the strategy would harm manufacturers across the country and the consumers who benefit from an efficient, healthy and cost-effective supply chain. It also would add to the compliance burden that the administration has made so many great strides to unwind. Manufacturers in the U.S. shoulder nearly $350 million every year in compliance costs—capital that manufacturers would much rather invest in their facilities, their employees, their products, and this administration has been a key partner in alleviating that burden.

“Manufacturers throughout the chemical, pharmaceutical, and food and beverage supply chains prioritize Americans’ health and safety. They comply with strict regulatory guidelines and lead with innovation to deliver safe and reliable products, ensure resilient and secure supply chains, safeguard health, preserve consumer choice, and enhance accessibility and affordability.

“Manufacturers are committed to working with the administration to ensure our industry can continue to deliver safe, innovative and affordable products to American families. But the strategy of the MAHA report will take America in the wrong direction.”

Background:

The National Association of Manufacturers this week launched a new national ad showcasing the vital role that manufacturers throughout the food and beverage supply chain play in strengthening families, building communities, and driving the nation forward. The ad highlights the people and innovation behind America’s food supply chain—from farms and shop floors to grocery stores, kitchen tables, restaurants and beyond—reminding policymakers and the public of the industry’s essential contribution to safe, healthy, nutritious and affordable food for every American family.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.90 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Following the Environmental Protection Agency’s release of new guidance on New Source Review preconstruction permitting requirements, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“Today, the EPA is delivering by making the permitting process more prompt, clear and responsible—keeping air quality safe while cutting excessive red tape. By doing so, the EPA will fast-track construction of essential power generation, data centers and manufacturing facilities, and that means more jobs, investments and opportunities for manufacturers in the U.S. and the communities we serve.

“Championing the needs of manufacturers, the EPA’s new guidance on New Source Review brings speed and certainty to a vital preconstruction permitting process, among the earliest steps taken by manufacturers in planning new projects. Delivering on what manufacturers have asked for, this guidance will drive infrastructure development by streamlining permitting reform for all energy sources so we can unleash American energy dominance.

“Permitting reform is a key pillar of the NAM’s comprehensive manufacturing strategy. We thank President Trump and EPA Administrator Lee Zeldin for their leadership to advance commonsense reforms that strengthen manufacturing in America, enhance our competitiveness and allow us to lead the world in innovation.”

Background

In December, manufacturers made a series of recommendations to the presidential transition team to speed up the nation’s permitting process, including reforms to NSR. In April, manufacturers reiterated the need to abandon the previous administration’s NSR proposal and to take a commonsense approach to the NSR preconstruction permitting process.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.90 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

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