Documents › Executive orders › 14346
Executive Order 14346
Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements
Signed September 5, 2025, printed at 90 FR 43737. 6 sections of substance, 3,404 words.
This order narrows the broad trade taxes. Some goods are taken out of them.
Sec. 1. Background
In Executive Order 14257 of April 2, 2025 (Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits), I found that conditions reflected in large and persistent annual U.S. goods trade deficits, including the consequences of those deficits, constitute an unusual and extraordinary threat to the national security and economy of the United States that has its source in whole or substantial part outside the United States. I declared a national emergency with respect to that threat, and to deal with that threat, I imposed certain ad valorem duties that I deemed necessary and appropriate. In Annex II to Executive Order 14257, I set forth a list of certain goods that, in my judgment, should not be subject to the ad valorem rates of duty imposed pursuant to that order. In section 4 of Executive Order
In Executive Order 14257 of April 2, 2025 (Regulating Imports With a Reciprocal Tariff To Rectify Trade Practices That Contribute to Large and Persistent Annual United States Goods Trade Deficits), I found that conditions reflected in large and persistent annual U.S. goods trade deficits, including the consequences of those deficits, constitute an unusual and extraordinary threat to the national security and economy of the United States that has its source in whole or substantial part outside the United States. I declared a national emergency with respect to that threat, and to deal with that threat, I imposed certain ad valorem duties that I deemed necessary and appropriate. In Annex II to Executive Order 14257, I set forth a list of certain goods that, in my judgment, should not be subject to the ad valorem rates of duty imposed pursuant to that order. In section 4 of Executive Order
This recalls the April tariff order. That order found big trade gaps to be a threat. It said the source lay mostly abroad. It declared an emergency. It added duties to meet it. A list in that order named goods to be spared. Another section allowed later changes. This order updates that list.
Sec. 2. Updating Scope of Duties Globally
(a) The updated version of Annex II to Executive Order 14257 is attached to this order and shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time 3 days after the date of this order. (b) The Harmonized Tariff Schedule of the United States (HTSUS) shall be modified as provided in Annex I to this order. These modifications shall enter into effect on the date set forth in Annex I to this order.
(a) The updated version of Annex II to Executive Order 14257 is attached to this order and shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time 3 days after the date of this order. (b) The Harmonized Tariff Schedule of the United States (HTSUS) shall be modified as provided in Annex I to this order. These modifications shall enter into effect on the date set forth in Annex I to this order.
This updates the spared list. The new list is attached to this order. It starts 3 days after the order. Goods entered for use from then are covered. The tariff schedule changes too. Another annex sets out those changes. That annex names its own start date.
Sec. 3. Framework Agreements
(a) Upon the conclusion of any framework agreement of a kind described in section 1 of this order, the Secretary of Commerce and the United States Trade Representative shall determine whether the United States must take any action to implement such framework agreement. Doing so shall include determining whether any condition or conditions to an action by the United States has occurred or will occur before the relevant action by the United States. (b) If the Secretary of Commerce and the United States Trade Representative determine that an action must be taken to implement a framework agreement pursuant to subsection (a) of this section and that any condition or conditions to such action have occurred or will occur before the relevant action by the United States, the Secretary of Commerce and the United States Trade Representative shall take the necessary and appropriate actions to
(a) Upon the conclusion of any framework agreement of a kind described in section 1 of this order, the Secretary of Commerce and the United States Trade Representative shall determine whether the United States must take any action to implement such framework agreement. Doing so shall include determining whether any condition or conditions to an action by the United States has occurred or will occur before the relevant action by the United States. (b) If the Secretary of Commerce and the United States Trade Representative determine that an action must be taken to implement a framework agreement pursuant to subsection (a) of this section and that any condition or conditions to such action have occurred or will occur before the relevant action by the United States, the Secretary of Commerce and the United States Trade Representative shall take the necessary and appropriate actions to
This covers framework deals. Once such a deal is struck, two officials must act. Commerce is one. The trade office is the other. They must decide if this country needs to take a step. They must check whether any conditions have been met. Conditions due before the step count too. If so, they must take that step.
Sec. 4. Final Agreements
(a) Upon the conclusion of any final agreement of a kind described in section 1 of this order, the Secretary of Commerce and the United States Trade Representative shall take the necessary and appropriate actions to implement the final agreement in accordance with this order. (b) In implementing any final agreement, the Secretary of Commerce and the United States Trade Representative shall act in a manner consistent with the national interests of the United States, the purpose of this order, the need to deal with the national emergency declared in Executive Order 14257, and the need to reduce or eliminate the threats to national security I have found pursuant to section 232.
(a) Upon the conclusion of any final agreement of a kind described in section 1 of this order, the Secretary of Commerce and the United States Trade Representative shall take the necessary and appropriate actions to implement the final agreement in accordance with this order. (b) In implementing any final agreement, the Secretary of Commerce and the United States Trade Representative shall act in a manner consistent with the national interests of the United States, the purpose of this order, the need to deal with the national emergency declared in Executive Order 14257, and the need to reduce or eliminate the threats to national security I have found pursuant to section 232.
This covers final deals. Once such a deal is struck, Commerce and the trade office must carry it out. They must follow this order in doing so. They must serve the national interest. They must serve the aim of this order. They must meet the trade emergency. They must ease the security threats found under the metals law.
Sec. 5. Monitoring and Recommendations
(a) The Secretary of Commerce and the United States Trade Representative, in consultation with any officials they deem appropriate, shall continue to monitor the conditions underlying the national emergency declared in Executive Order 14257, including the U.S. trade deficit, the lack of reciprocity in our bilateral trade relationships, disparate tariff rates and non-tariff barriers, U.S. trading partners' economic policies that suppress domestic wages and consumption imports, the strength of our domestic manufacturing base, the strength of our defense industrial base, and any other relevant factors. The Secretary of Commerce and the United States Trade Representative shall, from time to time, update me on the status of these conditions. (b) The Secretary of Commerce and the United States Trade Representative, in consultation with the Secretary of State, the Secretary of the Treasury,
(a) The Secretary of Commerce and the United States Trade Representative, in consultation with any officials they deem appropriate, shall continue to monitor the conditions underlying the national emergency declared in Executive Order 14257, including the U.S. trade deficit, the lack of reciprocity in our bilateral trade relationships, disparate tariff rates and non-tariff barriers, U.S. trading partners' economic policies that suppress domestic wages and consumption imports, the strength of our domestic manufacturing base, the strength of our defense industrial base, and any other relevant factors. The Secretary of Commerce and the United States Trade Representative shall, from time to time, update me on the status of these conditions. (b) The Secretary of Commerce and the United States Trade Representative, in consultation with the Secretary of State, the Secretary of the Treasury,
This sets up watching. Commerce and the trade office must track the emergency. They may consult whom they see fit. The trade gap is one thing watched. So is one sided trade. So are tariff gaps and other barriers. So are foreign policies that hold down wages. Factory and defense strength are watched too. Updates go to the President.
Sec. 6. Delegation
(a) Consistent with applicable law, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative are directed and authorized to take all necessary actions to implement and effectuate this order and any actions taken under section 3 or section 4 of this order--including through temporary suspension or amendment of regulations or through notices in the Federal Register and by adopting rules, regulations, or guidance--and to employ all powers granted to the President, including those granted by IEEPA and section 232, as may be necessary to implement and effectuate this order. (b) The Secretary of Commerce and the United States Trade Representative, in consultation with the Commissioner of U.S. Customs and Border Protection (CBP), the Chair of the United States International Trade Commission, and any other senior official they deem appropriate,
(a) Consistent with applicable law, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative are directed and authorized to take all necessary actions to implement and effectuate this order and any actions taken under section 3 or section 4 of this order--including through temporary suspension or amendment of regulations or through notices in the Federal Register and by adopting rules, regulations, or guidance--and to employ all powers granted to the President, including those granted by IEEPA and section 232, as may be necessary to implement and effectuate this order. (b) The Secretary of Commerce and the United States Trade Representative, in consultation with the Commissioner of U.S. Customs and Border Protection (CBP), the Chair of the United States International Trade Commission, and any other senior official they deem appropriate,
This says who may act. Commerce, Homeland Security and the trade office carry the order out. Steps under two sections are covered. They may pause or amend rules. They may post notices. They may adopt guidance. They may use the emergency powers law. They may use the metals law. Customs and the trade commission are consulted.
Sec. 7. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. [[Page 43741]] (d) The costs for publication of this order shall be borne by the Department of Commerce. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, September 5,
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. [[Page 43741]] (d) The costs for publication of this order shall be borne by the Department of Commerce. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, September 5,
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
How this order is quoted
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