Go-To Guide

On Feb. 1, 2025, President Trump imposed an additional 10% tariff on products of China imported into the United States, effective Feb. 4, 2025. Products in transit as of Feb. 1, 2025, are exempt from the new tariffs so long as they arrive in the United States by March 7, 2025, at 10:01 a.m. These tariffs are in addition to the general duties for imported merchandise and the Section 301 duties already imposed on most products of China. In retaliation, China has imposed a 15% tariff on liquified natural gas and coal and 10% on crude oil, farm equipment, and certain “large engine” autos. China’s countermeasures are set to take effect Feb. 10.

Pursuant to the International Emergency Economic Powers Act (IEEPA), National Emergencies Act (50 U.S.C. 1601 et seq.), Section 604 of the Trade Act of 1974 (19 U.S.C. 2483), and 3 U.S.C. 301, and referencing the “influx of synthetic opioids” from China, President Trump imposed the supplemental duties in an executive order1 that included all goods from China. Unlike under the first Trump administration, to date, no exclusion process has been announced that would enable importers to apply for specific exclusions to the additional tariffs.

Takeaways from the executive order:

Companies importing into the United States, whether U.S. or multinational companies, should consider increasing visibility into their supply chains. Importers may wish to review each imported product and confirm its country of origin, classification, and valuation. For example, even if a purchase agreement states a certain country of origin, U.S. companies should consider confirming the bill of materials and production steps to ensure the product is in fact manufactured there and not merely assembled in that country.

In addition, U.S. importers should consider reviewing incoterms on all purchase orders to determine which party is responsible for the tariffs. Note that tariffs are assessed based on the date of entry of goods into the United States and not the purchase order date. If negotiating a master purchase agreement, importers may wish to add language so that the purchase price does not include the additional duties.

There are numerous duty-mitigation strategies importers can consider to potentially blunt the impact of increased costs, including the use of “first sale” in a multi-tier transaction. Imported merchandise may have been the subject of more than one sale, with the middleman buyer adding an amount for profit and expenses to the price paid by the U.S. importer at entry. For example, merchandise may be manufactured in China, sold to a middleman in Hong Kong, and then sold to a buyer/importer in the United States. Under certain circumstances, importers may declare the value of the goods on the “first” or earlier sale, rather than on the last one, thereby reducing the declared value of the goods upon which duty payments are based. In addition, importers may consider taking legal deductions from the declared value, such as foreign inland and international freight.


1 See executive order dated Feb. 1, 2025, Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China.

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