Modifying the Scope of the Reciprocal Tariff with Respect to Certain Agricultural Products
This Presidential Action modifies the scope of the reciprocal tariff previously established under Executive Order 14257, as amended by Executive Order 14346.
Based on new information, ongoing negotiations, and assessments of current domestic economic factors, the President has determined it necessary to exempt certain agricultural products from the imposed ad valorem duties.
The order directs the modification of the Harmonized Tariff Schedule of the United States, effective November 13, 2025, with implementation oversight shared among the Secretaries of Commerce, Homeland Security, and the U.S. Trade Representative, utilizing powers granted under IEEPA.
Arguments For
The action directly addresses economic concerns identified in previous Executive Orders (EO 14257 and 14346) regarding large and persistent U.S. goods trade deficits, which the President deems a national security threat.
Adjusting the tariff list based on new information, ongoing negotiations, and domestic conditions (demand and capacity) allows for a more targeted and potentially less disruptive application of the established emergency powers.
Exempting certain agricultural products ensures that domestic agricultural producers or consumers sensitive to those specific tariffs are protected while maintaining the broader framework of reciprocal trade pressure.
Delegating implementation authority to the Secretaries of Commerce, Homeland Security, and the U.S. Trade Representative ensures relevant agencies with trade and enforcement expertise manage the adjustments effectively.
Arguments Against
Reliance on the International Emergency Economic Powers Act (IEEPA) for adjusting tariffs based on trade deficits may be viewed as an overreach of emergency authority into standard trade regulations.
Frequent modifications to tariff schedules (as indicated by previous EOs and this new order) create market uncertainty for importers, exporters, and domestic industries relying on predictable trade policy.
The action's effectiveness depends heavily on the attached annexes (specific product exclusions), the details of which are external to the enacted order text provided here.
Critics may argue that domestic demand or capacity monitoring should be part of standard legislative or administrative review processes rather than tied to an emergency declaration.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United States Code, it is hereby ordered:
The President asserts the legal foundation for issuing this order, citing powers granted by the U.S. Constitution, the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and specific sections of the Trade Act of 1974 and Title 3 of the U.S. Code.
These authorities enable the President to take action regarding foreign economic threats impacting national security and trade.
Section 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 Executive Order 14346 of September 5, 2025 (Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements), I modified the scope of products subject to the reciprocal tariff imposed under Executive Order 14257, as amended, and I issued an updated version of Annex II to Executive Order 14257.
I have received additional information and recommendations from various officials who, pursuant to my direction, have been monitoring the circumstances involving the emergency declared in Executive Order 14257. After considering the information and recommendations these officials have provided to me, the status of negotiations with various trading partners, current domestic demand for certain products, and current domestic capacity to produce certain products, among other things, I have determined that it is necessary and appropriate to further modify the scope of products subject to the reciprocal tariff imposed under Executive Order 14257, as amended. Specifically, I have determined that certain agricultural products shall not be subject to the reciprocal tariff imposed under Executive 14257, as amended. Accordingly, updated versions of Annex II to Executive Order 14257, as amended, and the Annex to Executive Order 14346 entitled, “Potential Tariff Adjustments for Aligned Partners,” are 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 standard time on November 13, 2025. In my judgment, these modifications are necessary and appropriate to deal with the national emergency declared in Executive Order 14257.
This section establishes the context by referencing two previous Executive Orders (EO 14257 and EO 14346).
EO 14257 initially declared a national emergency due to large U.S. goods trade deficits and imposed reciprocal duties, while also listing certain goods exempt from those duties in Annex II. EO 14346 later modified the scope of those tariffs.
Now, based on new monitoring, negotiations, and domestic economic factors, the President updates these annexes, specifically excluding identified agricultural products from the reciprocal tariff, effective November 13, 2025.
Sec. 2. Updating Scope of Duties Globally. The Harmonized Tariff Schedule of the United States shall be modified as provided in Annex I to this order. The modifications shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 13, 2025. To the extent that implementation of this order requires a refund of duties collected, refunds shall be processed pursuant to applicable law and the standard procedures of U.S. Customs and Border Protection for such refunds.
This section dictates the primary action concerning the tariff schedule itself.
It mandates that the Harmonized Tariff Schedule of the United States be changed according to Annex I of this order, applying to goods imported after 12:01 a.m.
EST on November 13, 2025.
If these changes result in duties having been overpaid before the effective date, U.S. Customs and Border Protection must process those refunds following established legal procedures.
Sec. 3. Implementation. (a) The Secretary of Commerce and the United States Trade Representative shall continue to monitor the circumstances involving the emergency declared in Executive Order 14257 and shall regularly consult on such circumstances with any senior official they deem appropriate. The Secretary of Commerce and the United States Trade Representative shall inform me of any circumstance that, in their opinion, might indicate the need for further action by the President.
(b) 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 such actions, including adopting rules, regulations, or guidance, and to employ all powers granted to the President, including those granted by IEEPA, as may be necessary to implement and effectuate this order. The Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative, consistent with applicable law, may redelegate any of these functions within their respective department or agency. All executive departments and agencies shall take all appropriate measures within their authority to implement this order.
Subsection (a) assigns monitoring duties to the Secretary of Commerce and the U.S. Trade Representative (USTR).
They must continually assess the emergency conditions declared in EO 14257, consult with necessary officials, and report back to the President if future presidential action appears warranted.
Subsection (b) directs these two officials, along with the Secretary of Homeland Security, to use all necessary legal powers, including those under IEEPA, to execute this order by issuing rules or guidance.
These departments may also delegate these implementation tasks internally, and all other executive agencies must cooperate.
Sec. 4. Severability. If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.
This standard severability clause ensures that if a court finds one part of the order or its application to a specific case legally invalid, the rest of the order will remain in full force and effect for all other individuals and circumstances.
Sec. 5. General Provisions. (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.
(d) The costs for publication of this order shall be borne by the United States Trade Representative.
Section 5 outlines general housekeeping rules for the order.
Subsection (a) clarifies that the order does not diminish the existing legal authority of executive departments, agencies, or the OMB regarding budgeting or legislation.
Subsection (b) requires that the order be carried out legally and only as funding allows.
Subsection (c) serves as a non-enforceability clause, stating the order does not create new legal rights for any private party against the government.
Finally, subsection (d) assigns the cost of publishing this official order to the U.S. Trade Representative.
DONALD J. TRUMP
THE WHITE HOUSE,
November 14, 2025.
This concluding part officially documents the signatory and date of the Presidential Action.
It identifies Donald J. Trump as the signatory, indicates the document originates from The White House, and states the signing date as November 14, 2025.
The final text provides a hyperlink directing users to the associated annex PDF, which contains the specific details of the tariff modifications across the Harmonized Tariff Schedule.
It also includes boilerplate website linkage showing where the announcement was first published on the White House website.