Policy and Legal

President Trump issued a new executive order imposing an additional 25% tariff on U.S. imports from India, in response to India’s continued purchase of Russian oil.

The background: In an EO issued March 8, 2022, shortly after Russia invaded Ukraine, the Biden administration prohibited U.S. imports of certain products from Russia, including crude oil, petroleum and related products.

• This new action cites that EO in imposing an additional ad valorem duty on imports from India, “which is directly or indirectly importing Russian Federation oil.”

Tariff stacking: The secondary tariffs are in addition to the 25% modified International Emergency Economic Powers Act reciprocal tariffs on India.

Timing: Secondary tariffs will take effect 21 days after the date of the EO, on Aug. 27.

• The EO includes an “on the water” exception for products loaded and in transit on the final mode of transit prior to that date and that enter the U.S. by Sept. 17.

Other details: The secondary tariff will not apply to goods subject to “existing or future actions under Section 232.”

• It will also not apply if the good is identified in Annex II to EO 14257 of April 2, 2025.

Further action? The EO suggests other countries purchasing Russian oil may become subject to similar secondary tariffs.

• It directs the Department of Commerce to coordinate with other agencies to “determine whether any other country is directly or indirectly importing Russian Federation oil,” and recommend whether to impose an additional 25% tariff on that country. Indirect importation is described as “through intermediaries or third countries.”
• Top importers of Russian oil—which the EO defines as both crude oil and petroleum products extracted, refined or exported from the Russian Federation—include China, Türkiye, Brazil and the European Union.

India responds: The government of India responded  in an official statement: “It is extremely unfortunate that the U.S. should choose to impose additional tariffs on India for actions that several other countries are also taking in their own national interest.”

House Majority Whip Tom Emmer (R-MN) recently toured Niron Magnetics’ headquarters in Minneapolis, Minnesota, where he met with company leaders and employees to discuss the future of domestic manufacturing, alternatives to rare earth magnets (a manufacturing input largely controlled by China) and pro-growth tax policy.

Pioneering technology: Niron Magnetics is developing the world’s only high-performance permanent magnets made entirely without rare earth elements.

• The company’s iron nitride–based magnets are poised to revolutionize industries that depend on magnetic technologies—from electric vehicles and wind turbines to consumer electronics and defense systems—while sharply reducing U.S. dependence on China.
• Founded thanks to a Department of Energy ARPA-E REACT grant in 2011, Niron recently completed a two-year SCALEUP pilot project and is now preparing for commercial expansion.
• “Our goal is to build a fully domestic, globally competitive magnet supply chain that strengthens U.S. energy security, supports national defense and creates [well]-paying jobs,” said Niron Magnetics CEO Jonathan Rowntree. “We’re proud to lead this next chapter in American manufacturing.

The visit: Company officials briefed Whip Emmer on their ongoing collaborations with the Departments of Energy and Defense, emphasizing the national security and energy innovation implications of their work.

• While touring the facility, Whip Emmer engaged with engineers and employees—and even hand-pressed one of Niron’s next-generation magnets.

A big announcement: During the visit, Niron shared plans to break ground on a new 168,000-square-foot manufacturing facility in Sartell, Minnesota, this fall.

• The facility, which will be the world’s first large-scale manufacturer of rare earth–free iron nitride permanent magnets, is expected to create 175 new jobs when it opens in early 2027.

Policy support matters: Whip Emmer, who played a pivotal role in the passage of the One Big Beautiful Bill Act—now signed into law—reiterated his commitment to advancing policies that empower manufacturers to innovate and grow.

• “American manufacturers like Niron are leading the way in rebuilding critical supply chains and securing our industrial future,” Whip Emmer said. “Now that the One Big Beautiful Bill Act is law, we’ve delivered the tools to help U.S. innovators grow, compete with China and protect our national and economic security.”

Securing supply chains: The visit also spotlighted the broader imperative of reducing U.S. reliance on foreign countries—particularly China—for critical minerals. The NAM has consistently advocated federal policies that support domestic sourcing, refining and processing of critical and rare earth materials to ensure secure, resilient supply chains.

• “America’s overdependence on geopolitical rivals for essential materials is one of the greatest threats to our economic and national security,” said NAM Managing Vice President of Policy Charles Crain. “We need strategic investments and permitting reforms that allow companies like Niron to scale breakthrough technologies here at home—and do it quickly.”
• “Meanwhile, outdated and inconsistent permitting delays hamper companies like Niron from bringing transformative technologies to market swiftly and at scale.”
• “Policymakers have an urgent choice to make,” Crain added. “Either we modernize our permitting system and invest in domestic production—or we continue to cede critical supply chains to our competitors. The stakes couldn’t be higher.”

Late last week, Customs and Border Protection issued new guidance on Canada, Brazil and the changes to the International Emergency Economic Powers Act reciprocal tariff rates that take effect on Aug. 7 per the Further Modifying the Reciprocal Tariff Rates Executive Order.

Exemptions: The guidance covers classification of in-transit goods, USMCA-qualifying goods and goods identified as exemptions in Annex II of EO 14257.

Articles subject to Section 232 tariffs: The guidance also includes classification of articles subject to Section 232 tariffs, including iron, steel or aluminum and covered derivatives; passenger vehicles, light trucks and parts; and semifinished copper and intensive copper derivative products.

U.S.-originating content: The guidance also details classification of articles in which at least 20% of the value of the article is U.S. originating. The U.S. content will not be subject to the reciprocal tariff. The reciprocal tariff will be assessed on the non-U.S. content.

Transshipment: The guidance explains the procedure by which CBP will assess an additional ad valorem duty of 40% on goods determined by the agency to have been transshipped.

HTSUS reporting sequence: This guidance details the sequence for entering multiple HTSUS numbers, which may include a Section 301 tariff, an IEEPA tariff and/or a Section 232 or 201 tariff/quota.

Sources: You can find the three guidance documents below:

• Canada rates effective Aug. 1: CBP Guidance on Canada
• Brazil rates and exemptions effective Aug. 7: CBP Guidance on Brazil
• Reciprocal tariff rates effective Aug. 7: CBP Guidance on Reciprocal Tariffs

The Securities and Exchange Commission’s executive compensation reporting requirements are needlessly complex and costly for manufacturers—and reforming them would be a boon to the industry, the NAM told the SEC this week.

What’s going on: The NAM laid out a series of recommendations for making the reporting requirements more workable for publicly traded companies while still providing investors with useful, material information.

• “Neither Main Street investors nor companies are well served by rules that have directed issuers to provide an expanding array of footnoted tables, retain outside consultants to perform ‘compensation actually paid’ calculations that often are confusing to investors, and churn out pay-related disclosures that often exceed 20 or 30 pages,” the NAM told the SEC.
• This week’s suggestions build on ones the NAM made in June.

What should be done: The SEC can benefit both manufacturers and investors by taking several specific steps, the NAM said, including:

• Replacing unduly burdensome mandates with “principles-based disclosure designed for the reasonable investor”;
• Simplifying the 2022 “pay versus performance” rule;
• Giving meaningful disclosure relief to smaller firms;
• Addressing the outsized impact that proxy advisory firms have on compensation decisions;
• Updating perk disclosure rules to reflect changes since 2006, including by ensuring company executives can access needed security protections; and
• Suspending enforcement of the 2022 “clawback” rule until the rule is made less burdensome to companies.

The final word: By making these changes to its executive compensation reporting requirements, the SEC “can ensure manufacturers can recruit and retain leaders that will grow the business, create more jobs and contribute to our overall economic growth,” said NAM Managing Vice President of Policy Charles Crain.

Manufacturers are leading the charge on artificial intelligence—but unlocking its full potential depends on training workers to use AI technologies and expanding the talent pipeline. By embracing AI and equipping people with the right skills, the industry can help fill hundreds of thousands of open jobs, the NAM told Axios in a recent interview (subscription).

What’s going on: NAM President and CEO Jay Timmons and Manufacturing Institute President and Executive Director Carolyn Lee spoke with Axios’ Ben Berkowitz about the current “glittering need” for manufacturing employees and how the sector can attract, train and keep team members. (The MI is the NAM’s 501(c)3 workforce development and education affiliate.)

• “These are high-tech, 21st-century, well-paying, rewarding roles,” Timmons said. “Some require advanced degrees, some a four-year degree and some just a high school diploma.”

Why it’s important: Manufacturing has been averaging about 450,000 open positions every month for the past year, Timmons continued.

• “Looking ahead, if we don’t act now, we’re facing about 2 million unfilled manufacturing jobs by 2033,” he told Berkowitz, citing a recent study by the MI and Deloitte.

What must be done: The answer? Training and partnerships—the right kind, Lee said.

• “Manufacturers … recognize that we need new forms of training and that schools—K–12, higher ed and postsecondary institutions—need to integrate AI into their curriculums. And we are seeing that happen in parts of the country.”
• The MI is working with companies to create programs to train both the current and future generations of workers.
• “The reality is, today’s AI will be surpassed quickly,” Lee continued. “So we need people who are ready now—with skills like prompting, systems thinking and the ability to work alongside AI.”

Misperceptions: Though it pays well and offers exciting, cutting-edge career opportunities, manufacturing still suffers from outdated perceptions among the general populace, according to Timmons and Lee. But that can be fixed, they said.

• The FAME USA apprenticeship-style program, founded by Toyota and now operated by the MI, has chapters in 16 states, Lee told Berkowitz.
• “[W]hen we go out to recruit for these roles, the interest is huge—because students realize they’re learning high-demand, cutting-edge skills in a job with long-term security and strong pay,” she said, adding that a 2020 study found that members of the original FAME class in Kentucky were earning an average salary of $95,000 within five years of completing the program.
• “When Jay and I go out and talk to students—especially during Manufacturing Day events—once they hear the pay potential and understand the work, interest skyrockets.”

Not on the sidelines: When it comes to AI, manufacturers aren’t simply watching events unfold, the NAM and MI told Axios.

• “We’re helping shape the future of AI,” Timmons said. “We’re using [AI] tools to expand capacity, drive investment, create jobs and grow wages right here in the U.S.”

A lookback: According to the latest report from the Manufacturing Leadership Council—the digital transformation division of the NAM—51% of manufacturers stated they already use AI, but 82% cite a lack of AI-ready skills as the top workforce challenge. The NAM recently proposed a series of policy recommendations for policymakers to drive AI development and adoption in manufacturing, which includes a recommendation on developing the manufacturing workforce of the AI age by supporting training programs and career and technical education institutions.

Washington, D.C. – National Association of Manufacturers President and CEO Jay Timmons released the following statement in response to today’s White House announcement seeking to impose price controls on biopharmaceutical manufacturers:

“Manufacturers support the Trump administration’s commitment to lowering health care costs and ensuring American patients can access life-saving medicines. But European-style price controls will stifle innovation—undermining R&D and limiting future access to breakthrough treatments. 

“Manufacturers are working to reduce health care costs across the industry—for companies and for workers. That’s why the NAM supported expansions of telehealth coverage and increases to HSA amounts in H.R. 1, and it’s why policymakers should target the real drivers of cost—pharmacy benefit managers, and abuse of the 340B program—instead of imposing mandates on innovators.

“Manufacturers and manufacturing workers are facing rising health care costs because of underregulated middlemen like PBMs and the 340B program, both of which have increased prices for patients without producing a single treatment. Rather than punishing the innovators who develop life-saving and life-changing medicines, policymakers should focus on the real inefficiencies and distortions in the system.

“Manufacturers have long championed patient-first solutions that lower costs, strengthen American competitiveness and drive innovation. As we have underscored, there is a better way forward. Manufacturers remain committed to working with the administration and Congress on solutions that bring down prices while preserving our global leadership in innovation.”

-NAM-

Alongside the president’s AI Action Plan and subsequent directive encouraging the buildout of AI data centers, President Trump signed another executive order aimed at exporting American AI technology.

• The NAM is seeking manufacturers’ opinions on how this EO should be implemented.

The big picture: The goal of the EO is to “preserve and extend American leadership in AI and decrease international dependence on AI technologies developed by our adversaries by supporting the global deployment of United States–origin AI technologies.”

• It orders the creation of an American AI Exports Program, which allows AI companies to seek federal support in competing for business deals abroad.
• An interagency body called the Economic Diplomacy Action Group, chaired by the Secretary of State, will help facilitate foreign commercial deals, using both diplomacy and financing tools.

Full-stack: Most notably, the EO mandates that any “consortium” seeking federal support must be exporting “full-stack AI technology packages,” not just individual products or services (hence the assumption that many companies will band together to make one proposal).

• “AI-optimized computer hardware (e.g., chips, servers and accelerators), data center storage, cloud services and networking, as well as a description of whether and to what extent such items are manufactured in the United States”
• “Data pipelines and labeling systems”
• “AI models and systems”
• “Measures to ensure the security and cybersecurity of AI models and systems”
• “AI applications for specific use cases (e.g., software engineering, education, health care, agriculture or transportation)”

Preference for U.S. sources: The EO says that proposals whose hardware, storage, cloud and networking components are “manufactured in the United States” will receive preferential treatment, though this is not a hard requirement.

• However, other components of the “stack,” from data pipelines to cybersecurity, don’t carry this proviso.

Feedback wanted: Please contact NAM Senior Director of Technology Policy Franck Journoud ([email protected]) or NAM Manager of International Policy Ellie Leontis ([email protected]) to provide your thoughts on this EO.

Environmental Protection Agency Administrator Lee Zeldin on Tuesday announced that the agency is proposing to rescind its 2009 “endangerment finding” that concluded that greenhouse gas emissions endanger public health and welfare. The finding underpins most U.S. regulations to address climate change.

• The proposed rule, if finalized, would result in there being no greenhouse gas standards for any vehicle of any model year.

The background: The EPA administrator is proposing to withdraw the finding by asserting the EPA lacks the authority under Section 202 of the Clean Air Act to do so, that the Supreme Court case that precipitated the finding has been superseded by recent court cases, such as West Virginia v. EPA and Loper Bright Enterprises v. Raimondo, and that the EPA is acting in accordance with President Trump’s “ Unleashing American Energy” Executive Order, which called for a reexamination of the 2009 standard, among other actions.

• The EPA is basing this announcement on an updated study of climate science by the Department of Energy.
• In a press release, the EPA claimed that this endangerment finding “has been used to justify more than $1 trillion in regulations. …”

Other actions: As part of the EPA’s announcement, the agency is also proposing to rescind the Biden administration’s vehicle tailpipe regulations for light, medium- and heavy-duty vehicles.

• Additionally, the EPA announced last month that it plans to repeal the previous administration’s power plant regulations, a move that “is a critical and welcome step toward rebalanced regulations and American energy dominance,” NAM President and CEO Jay Timmons said at the time.

Feedback needed: Once the proposed rule is published in the Federal Register, the 45-day public comment period will begin. The NAM will be submitting comments on this proposed action and is seeking feedback from NAM members.

• Please contact NAM Director of Energy and Resources Policy Michael Davin ([email protected]) or NAM Vice President of Domestic Policy Chris Phalen ([email protected]) to provide your thoughts.

President Trump imposed a Section 232 tariff of 50% on semifinished copper and certain derivatives by presidential proclamation yesterday.

The reasoning: The proclamation cites Commerce Department findings that foreign competitors have used “state subsidies and overproduction” to outcompete domestic U.S. suppliers and that dependence on foreign sources has created “strategic vulnerabilities and jeopardizes the U.S. defense industrial base.”

What’s in scope: This proclamation does not list specific products, but a White House fact sheet describes the scope broadly as:

• Semifinished copper products like copper pipes, wires and sheets; and
• Copper-intensive derivative products like pipe fittings, cables and electrical components.

What’s not in scope: According to the White House fact sheet, copper input materials such as copper ores, concentrates, mattes, cathodes and anodes and copper scrap are not subject to 232 “or reciprocal tariffs.” Customs and Border Protection guidance will be critical to understanding this aspect of the proclamation.

Timing: The tariff goes into effect on Friday, Aug. 1.

Going forward: The proclamation directs the Commerce Secretary to establish a process within 90 days to consider adding derivative copper products to the scope of the tariff, similar to the process established for aluminum and steel.

• The Department of Commerce will also monitor imports of copper and derivatives going forward and will “from time to time” inform the president of further necessary action.

Domestic use: This proclamation invokes the Domestic Production Act to authorize the Commerce Secretary to require a certain percentage of U.S.-produced inputs be sold in the U.S. According to the fact sheet, this includes requirements that:

• 25% of high-quality copper scrap produced in the U.S. be sold in the U.S. to “improve access to this important feedstock for domestic fabricators and secondary refiners”; and
• 25% of copper input materials produced in the U.S. be sold in the U.S. by 2027, increasing to 30% in 2028 and 40% in 2029.

Brazil: Meanwhile, the president also released an executive order yesterday imposing an increased International Emergency Economic Powers Act tariff on imports from Brazil, citing concerns about violations of free expression rights and human rights in that country, as well as the “political persecution” of Brazil’s former president.

50%: The July 30 EO imposes an additional 40% tariff to be stacked with the 10% IEEPA “reciprocal” tariff issued on April 2, bringing the IEEPA tariff to 50%.

• This adjustment will go into effect seven days after the EO (not including the day itself).

Exemptions and adjustments: The EO includes a list of products not subject to this increase and also states that if a Section 232 tariff applies to the goods, the IEEPA tariff will not apply.

Going forward: As previewed in the president’s letter, the EO states that should Brazil retaliate, the U.S. tariff will be increased by the same amount.

• This EO directs the Secretary of State to monitor and recommend any additional actions under IEEPA.

The NAM is urging the EPA to move forward with a proposed rulemaking that would allow the Railroad Commission of Texas “to issue and enforce compliance with [Underground Injection Control] Class VI permits for injection wells used for geologic carbon sequestration.”

• Due to manufacturers’ concern for environmental stewardship, the NAM is a strong proponent of measures that will mitigate emissions, NAM Vice President of Domestic Policy Chris Phalen told the agency.
• “Manufacturers view clean energy solutions, such as carbon capture and sequestration/storage technologies, as important parts of our country’s energy present and future, and manufacturers are leading the charge in developing them and scaling them up for widespread use.”

A quick review: The CCS process is made up of three steps: capturing the carbon dioxide; transporting by pipeline, road or ship; and injecting it far below ground for permanent storage.

• “Industries across the United States are investing substantially in CCS to decarbonize their operations and produce more sustainable products. In Texas, these projects have the potential to contribute $1.5 billion to the Texas economy and create 7,500 full-time, high-paying jobs,” the NAM noted.

State empowerment: Allowing states to permit permanent sequestration via the EPA’s Class VI injection well program would be a huge step forward for CCS across the country, as states are far more aware of their own geologies than is the federal government.

• State primacy in permitting would represent a victory for the Trump administration’s (and the NAM’s) push to streamline permitting across the federal government and jumpstart much-needed energy, infrastructure and related projects.

The last word: “Granting state primacy to Texas and other states will help create jobs, grow investment in manufacturing and pave the way for energy solutions that will support the United States’ 21st-century economy,” concluded Phalen.