MEMORANDUM FOR:
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF COMMERCE
THE SECRETARY OF HOMELAND SECURITY
THE UNITED STATES TRADE REPRESENTATIVE
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE SENIOR COUNSELOR TO THE PRESIDENT FOR TRADE AND MANUFACTURING
THE CHAIR OF THE UNITED STATES INTERNATIONAL TRADE COMMISSION
SUBJECT: Clarification on Exceptions Under Executive Order 14257 of April 2, 2025, as Amended
In the wake of Executive Order 14257, issued on April 2, 2025, which aimed to address alarming U.S. goods trade deficits deemed a national emergency, I took decisive action by imposing additional ad valorem duties. These measures are designed to counteract what I identified as a significant threat to our national security and economic stability, largely originating from outside our borders.
As highlighted in Executive Order 14257, certain goods are explicitly excluded from these duties. Notably, “semiconductors” are among these exempted categories. Subsequent directives, including Executive Orders 14259 (dated April 8, 2025) and another issued on April 9, 2025, continue to uphold these exceptions, notably for semiconductors.
The term “semiconductors” encompasses a range of products classified under various headings in the Harmonized Tariff Schedule of the United States (HTSUS), including, but not limited to:
- 8471
- 847330
- 8486
- 85171300
- 85176200
- 85235100
- 8524
- 85285200
- 85411000
- 85412100
- 85412900
- 85413000
- 85414910
- 85414970
- 85414980
- 85414995
- 85415100
- 85415900
- 85419000
- 8542
To rectify any discrepancies in the HTSUS that do not fully reflect these exceptions from the ad valorem duties, adjustments will be made. Effective at 12:01 a.m. EDT on April 5, 2025, the specified headings and subheadings will be added into subdivision (v)(iii) of U.S. note 2 to subchapter III of chapter 99. Importantly, any duties collected after this time on imports classified as “semiconductors” will be refunded according to U.S. Customs and Border Protection’s established refund procedures.
As noted in Executive Order 14257 and its subsequent amendments, the Secretary of Commerce, in concert with the United States Trade Representative and other key officials, is empowered to utilize all necessary measures afforded by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to enforce these directives. Implementation of these orders will strictly adhere to the guidance outlined in this memorandum.
Yours sincerely,
DONALD J. TRUMP
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