ON DECK:
- China vastly expands rare earth export controls, Trump threatens to expand tariffs and cancel Xi meeting
- Carney visits White House
- U.S. sends EU new list of demands as EU proposes steel tariff increase
- Trump calls Lula; Trump calls Modi; Indonesia deal moving toward a conclusion; Japan moves toward a new PM
- Breaking down the latest tranche of steel and aluminum inclusion requests
- Section 232 truck tariffs now on November 1; pharma tariffs to exclude generics
DISCLAIMER: The below is intended to inform, not to be construed as an official statement from the office of Rep. Yakym
Tidbits
Stranger Things
The last 24 or so hours have been pretty spicy on the China front as the two sides jockey for leverage ahead of a meeting(?) between Presidents Donald Trump and Xi Jinping at the end of the month in South Korea.
Before getting into the sequence of events, both sides have been laying out some of their demands in the ramp-up. President Trump told a cabinet meeting he expects China to make some soybean purchases. China has a few asks too. They want the U.S. to roll back national security scrutiny of Chinese investments – and to lower tariffs on inputs going to Chinese factories in the U.S. They also want to get rid of the 20% IEEPA fentanyl tariffs.
One other bit of context worth noting is that the Section 301 fees on Chinese ships take effect next Tuesday. CBP sent out a CSMS notice to implement the fees, noting, “The burden for determining if a vessel owes the fee is on the operator, NOT CBP” (emphasis is CBP’s). Recall that last week, China had prepped some retaliation.
Ok now let’s get into it.
Yesterday, China launched a broadside of measures. The biggie was vastly expanding export controls rare earths and related products. The reporting has been a little hard to follow, so I’m going to do my best to get this right. There are five sets of export controls on lithium batteries, medium and heavy rare earth elements, superhard materials, rare earth equipment, and rare earth-related technologies. There’s also a sixth that seems to basically create a foreign direct product rule (FDPR) on certain Chinese-origin minerals. That is to say, a Chinese license is required for foreign entities using certain Chinese-origin minerals, regardless of where the manufacturing is taking place. A China observer noted that the announcements are numbered 55, 56 ,57, 58, 61, and 62, which begs the question of what 59 and 60 involve.
There is also a labor element to the restrictions that bars Chinese citizens from participating in unauthorized foreign mining and magnet manufacturing operations. And that’s not all. China announced fees on American-owned ships docking at Chinese ports (to the extent that happens), as well as an antitrust probe into Qualcomm too.
When asked yesterday at a cabinet meeting about the news, President Trump said, “We have the ultimate export. We have import and we have export. We import from China massive amounts. And, you know, maybe we’ll have to stop doing that.” A few other things to note that happened before 10:57am today: A Reuters story floating restrictions on banning Chinese airlines from landing in the U.S. if they traverse Russian airspace; a Bloomberg story floating restrictions on Chinese router company TP-Link Systems; and the addition of 19 Chinese companies to the Entity List.
Which brings us to 10:57am, when President Trump fired off a very long truth that noted “some very strange things” out of China. He said that the export controls “came out of nowhere” and that “things that were routine are no longer routine at all” (a position echoed by USTR’s X account). The truth had ominous tones to it too, saying, “There is no way that China should be allowed to hold the World ‘captive.’” He noted, “The U.S. has Monopoly positions also, much stronger and more far reaching that China’s. I have just not chosen to use them, there was never a reason for me to do so — UNTIL NOW!” and “For every Element that they have been able to monopolize, we have two.” He floated not only canceling the South Korea meeting but also a “massive increase of Tariffs” and promised “many other countermeasures that are…under serious consideration.” Stocks fell about 2% in the wake of the truth. We’ll see what happens from here.
A few more China pieces to note before closing this part out:
- The Senate passed the National Defense Authorization Act (NDAA) that contained a provision that requires advanced chipmakers like Nvidia and AMD to give American companies priority access to products before China.
- The Select Committee on the Chinese Communist Party released a report noting the role of American, Dutch, and Japanese companies in China’s chip industry.
- The New York Times had a story about how China may be obtaining Nvidia chips despite restrictions.
- The U.S. criticized China’s announcement that it would forego developing country benefits at the WTO as too little too late.
- Chinese clothing companies are “very aggressively” selling into the EU due to the U.S. tariffs.
“Only Two Things Scare Me, and One Is Nuclear War.” “What’s the Other?”…“Carneys”
Canadian Prime Minister Mark Carney made a quick hop south to DC this week, meeting with President Donald Trump at the White House. President Trump told reporters, “We’ve come a long way over the last few months” and called PM Carney a “world class leader.”
Canadian media reported the visit came together after the two bumped into each other at the UN last week (as one does). A senior Canadian official told Politico that the goals of the trip were to “set the playing field early” for the USMCA review and to continue to make progress toward an economic and security pact.
On the former goal, President Trump was ambivalent, saying, “We can renegotiate it, and that would be good, or we could just do different deals…We might make deals that are better for the individual countries.” PM Carney floated some sort of bilateral deal/commitments that ride alongside the a trilateral.
On the latter, PM Carney’s readout noted “opportunities for material progress in trade in steel, aluminum, and energy.” Canada-U.S. Trade Minister Dominic LeBlanc told reporters that discussions during the visit were “more detailed than previous discussions” and echoed the sectoral callouts in his boss’ readout. President Trump made a reference to “formulas,” and Minister LeBlanc said that doesn’t necessarily mean import quotas. The energy portion may include the Keystone XL pipeline, which has died and undied more than Michael Myers. PM Carney also made a hard sell on auto integration.
EU News. Also, When Did Putting Up Halloween Lights Become a Thing?
Fresh off last month’s August’s joint statement, the U.S. sent the EU a new list of demands, which was characterized by EU officials as maximalist and significant. The Financial Times reports that the demands include changes to environmental, digital, and corporate due diligence regulations and calls the rules “serious and unwarranted regulatory over-reach” that “imposes significant economic and regulatory burdens on US companies.” An EU official told ambassadors that the bloc would not use the document as a basis for negotiations but also declined to share it with member capitals.
Demand letter aside, European Commission President Ursula von der Leyen announced that the EU would double its tariffs on steel to 50%, with exemptions for Norway, Iceland, and Ukraine. But the announcement was met with alarm in the UK, South Korea, and Australia. Trade Commissioner Maros Sefcovic said the hope is to spur talks with the U.S. on “ring-fencing” the U.S. and EU on steel, including derivatives.
News from the Rest of the World
- Brazil: President Luiz Inácio Lula da Silva and Donald Trump spoke on the phone Monday, with President Trump saying it was a “very good…call” and promising “further discussions” and a meeting “in the not too distant future.” Foreign Minister Mauro Vieira and Secretary of State Marco Rubio held a follow-up call yesterday and agreed to “establish a bilateral mechanism to advance mutual economic interests and other key regional priorities.”
- France: President Emmanuel Macron is dealing with some, umm, instability.
- India: Prime Minister Narendra Modi said he spoke with President Trump, though there was no truth from the latter confirming. External Affairs Minister S. Jaishankar said a U.S.-India trade deal must respect India’s “red lines” and called the tariff over Russian oil “very unfair.” 19 House Democrats, led by Reps. Deborah Ross (D-NC) and Ro Khanna (D-CA), sent a letter to President Trump urging him to repair the relationship with India.
- Indonesia: Coordinating Minister Airlangga Hartarto said that he’s hoping a deal can be finalized “two or three weeks” from now but also acknowledged that the shutdown could put things behind. He voiced confidence that there would be no additional tariffs on certain commodities produced in Indonesia.
- Japan: Sanae Takaichi was selected to lead the LDP party, which would put her on track to be Japan’s first-ever Prime Minister, though there are some coalition issues. President Trump wished her well. She floated renegotiating the trade deal, but walked that back. Commerce Secretary Howard Lutnick spoke with chief negotiator Ryosei Akazawa on deal implementation. Politico dug into reactions surrounding the investment fund.
- Mexico: Mexico’s Congress paused until next month debate on new planned tariffs on certain products from countries that don’t have a trade agreement with Mexico (such as China). The Independent Mexico Labor Expert Board, which was created by USMCA, released a report saying that Mexico has not lived up to its USMCA commitments on labor.
- South Korea: The government convened an emergency trade policy meeting to review recent meetings with U.S. officials.
The Life of an Inclusion-Watcher-Guy
The Commerce Department published the latest tranche of steel and aluminum inclusion request, which you can view here. They also have a handy-dandy Inclusion Guide for this tranche (here) – or you can download the docket for yourself by navigating here and typing “BIS-2025-0023” under Docket ID.
I only really had a chance to look at the stats and not so much the requests themselves. But there are some interesting things to tease out with that information alone.
Tranche 1
Tranche 2
Requests
58
95
Unique Tariff Code Requests
579
1,080
Eight-Digit Unique Tariff Code Requests
459
623
Ten-Digit Unique Tariff Code Requests
119
457
Unique Tariff Codes Requested
523
689
Eight-Digit Unique Tariff Codes Requested
412
390
Ten-Digit Unique Tariff Codes Requested
111
299
From a volume perspective, it’s basically more, more, more across the board. 95 requests in this tranche compared to 58 in the previous one. Recall that a request can have multiple tariff codes, and multiple requests can request the same code. Keeping that in mind, there were 1,080 tariff code requests (vs. 579), which yielded 689 unique tariff codes requested once controlling for duplicates (vs. 523). Given the amount of duplicate requests in Tranche 2 (391 vs. 56), this suggests maybe some more coordination and doubling up within industries. Another interesting trend is that folks are still requesting ten-digit codes despite that sorta kinda not mattering based on what we saw with the results of Tranche 1.
In Tranche 1, 46 of 58 (79%) of requests had 1-3 tariff codes requested. In Tranche 2, only 55 of 95 (58%) do. So folks are reaching for more codes this time around. However, the whale of Tranche 2 (186 tariff codes requested in one request) is smaller than Tranche 1 (223).
Tariff Codes in Request | Tranche 1 Requests | Tranche 2 Requests |
1 | 40 | 42 |
2 | 4 | 6 |
3 | 2 | 7 |
4 | 0 | 3 |
5 | 0 | 8 |
6 | 1 | 2 |
7 | 0 | 4 |
8 | 0 | 2 |
9 | 1 | 1 |
10 | 0 | 2 |
11 | 1 | 2 |
12 | 1 | 0 |
13 | 0 | 1 |
21 | 0 | 3 |
23 | 0 | 1 |
24 | 1 | 0 |
26 | 0 | 1 |
27 | 0 | 1 |
28 | 1 | 0 |
29 | 1 | 0 |
31 | 1 | 0 |
34 | 1 | 0 |
36 | 1 | 0 |
38 | 0 | 1 |
55 | 0 | 3 |
67 | 0 | 1 |
70 | 0 | 1 |
82 | 1 | 0 |
84 | 0 | 2 |
186 | 0 | 1 |
223 | 1 | 0 |
Page length is another interesting data point. In general, Tranche 1 requesters wrote more in support of their requests. This time around, folks seemed to have realized they may not need to say as much.
Tariff Codes in Request | Tranche 1 Avg. Pages | Tranche 2 Avg. Pages |
1 | 11 | 7 |
2 | 23 | 9 |
3 | 13 | 14 |
4 | N/A | 8 |
5 | N/A | 17 |
6 | 8 | 16 |
7 | N/A | 20 |
8 | N/A | 8 |
9 | 55 | 16 |
10 | N/A | 9 |
11 | 30 | 8 |
12 | 23 | N/A |
13 | N/A | 12 |
21 | N/A | 5 |
23 | N/A | 9 |
24 | 12 | N/A |
26 | N/A | 3 |
27 | N/A | 10 |
28 | 18 | N/A |
29 | 36 | N/A |
31 | 12 | N/A |
34 | 8 | N/A |
36 | 12 | N/A |
38 | N/A | 11 |
55 | N/A | 13 |
67 | N/A | 10 |
70 | N/A | 8 |
82 | 13 | N/A |
84 | N/A | 15 |
186 | N/A | 25 |
223 | 25 | N/A |
Finally, the what is being requested is interesting. Going by the broad classification, Tranche 1 saw 467 of the 579 (80%) tariff code requests were for items in Chapters 72-89, which I am unilaterally and not necessarily scientifically going to call your more traditional, top-of-mind steel and aluminum derivative categories. In Tranche 2, that’s down to 56%. That suggests we’re getting more exotic, non-traditional steel and aluminum derivative requests.
Chapter | Description | Tranche 1 | Tranche 2 |
04 | Dairy produce; birds’ eggs; natural honey; edible products of animal origin, NESOI | 3 | 2 |
09 | Coffee, tea, maté and spices | N/A | 21 |
16 | Preparations of meat, of fish, of crustaceans, molluscs or other aquatic invertebrates, or of insects | N/A | 54 |
17 | Sugars and sugar confectionery | N/A | 2 |
19 | Preparations of cereals, flour, starch or milk; bakers’ wares | N/A | 23 |
20 | Preparations of vegetables, fruit, nuts or other parts of plants | N/A | 263 |
21 | Miscellaneous edible preparations | 1 | 12 |
22 | Beverages, spirits and vinegar | N/A | 19 |
23 | Residues and waste from the food industries; prepared animal feed | N/A | 1 |
27 | Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes | 2 | N/A |
28 | Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes | 3 | 1 |
29 | Organic chemicals | 12 | N/A |
30 | Pharmaceutical products | 3 | N/A |
32 | Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other coloring matter; paints and varnishes; putty and other mastics; inks | 8 | N/A |
33 | Essential oils and resinoids; perfumery, cosmetic or toilet preparations | 14 | N/A |
34 | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modeling pastes,”dental waxes” and dental preparations with a basis of plaster | 18 | N/A |
35 | Albuminoidal substances; modified starches; glues; enzymes | 4 | N/A |
37 | Photographic or cinematographic goods | 1 | N/A |
38 | Miscellaneous chemical products | 29 | N/A |
39 | Plastics and articles thereof | 2 | 9 |
42 | Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut) | N/A | 11 |
44 | Wood and articles of wood; wood charcoal | 1 | N/A |
48 | Paper and paperboard; articles of paper pulp, of paper or of paperboard | N/A | 6 |
56 | Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof | N/A | 1 |
63 | Other made up textile articles; needlecraft sets; worn clothing and worn textile articles; rags | N/A | 2 |
68 | Articles of stone, plaster, cement, asbestos, mica or similar materials | N/A | 1 |
72 | Iron and steel | 2 | 3 |
73 | Articles of iron and steel | 5 | 118 |
76 | Aluminum and articles thereof | 13 | 9 |
82 | Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal | 44 | 44 |
83 | Miscellaneous articles of base metal | 12 | 11 |
84 | Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof | 200 | 302 |
85 | Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles | 49 | 50 |
86 | Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signaling equipment of all kinds | 30 | 8 |
87 | Vehicles other than railway or tramway rolling stock, and parts and accessories thereof | 102 | 62 |
88 | Aircraft, spacecraft, and parts thereof | 2 | N/A |
89 | Ships, boats and floating structures | 8 | 5 |
90 | Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof | N/A | 7 |
93 | Arms and ammunition; parts and accessories thereof | N/A | 8 |
94 | Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; luminaires and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like; prefabricated buildings | 9 | 24 |
95 | Toys, games and sports equipment; parts and accessories thereof | 2 | N/A |
98 | Special classification provisions | N/A | 1 |
Take 2(32)
Last we left things, the October 1 Section 232 pharmaceutical and truck tariffs were MIA (I accidentally said “pharmaceutical and chips” last week – my bad). We learned that the former was sorta kinda paused because of potential investment announcements. And shortly after I hit send on last week’s newsletter (of course), we learned that the latter was delayed because of Detroit 3 infighting, with Stellantis pitted against GM and Ford.
Buuut on Monday, President Donald Trump truthed that the truck tariffs will now start November 1. Mexican President Claudia Sheinbaum said her country would be hit hard by these tariffs, and she may call President Trump.
On the pharmaceutical front, the Wall Street Journal reports that generics will be excluded, while Sen. Rick Scott (R-FL) sent a letter to Commerce Secretary Howard Lutnick and USTR Jamieson Greer urging not to exclude generics. And Sen. Bernie Moreno (R-OH) said that the Commerce Department is weighing keeping and extending a 3.75% import adjustment offset.
Quick Hits
- The Senate confirmed Joseph Barloon as Ambassador to the WTO as part of a package of nominees on a 51-47 vote
- Senate Finance Committee Ranking Member Ron Wyden (D-OR) introduced S.J. Res. 88, which would terminate the IEEPA reciprocal tariffs
- Senate Finance Committee Ranking Member Ron Wyden (D-OR) sent a letter to Commerce Secretary Howard Lutnick asking for more information about the rollout of ending de minimis
- Bloomberg looked at all the ways that could go wrong if the Supreme Court orders mass tariff refunds
- USTR Jamieson Greer delivered remarks at the Global Forum on Steel Excess Capacity’s recent ministerial meeting
- President Donald Trump decided to end the President’s Export Council
Tarif-Fone
Let me know if I missed anything. It’s not unpossible. IEEPA tariffs struck down by courts but in place pending appeal are italicized. There are lawsuits pending on some of the other IEEPA actions, but those have separate circumstances and arguments and may not be struck down themselves. I’m keeping the due date for the trucks and pharma 232s until we have something firm.
Trade Actions in Effect | ||||
As of | Who | What | Rate | Authority |
2/4/25 | China | 20% (10% from 2/4/25-3/3/25) | ||
3/4/25 | Canada | 35% (25% from 3/4/25-7/31/25) | ||
3/4/25 | Mexico | 25% | ||
3/12/25 | All countries | 50%; UK at 25% (25% for all countries from 3/12/25-6/4/25) | ||
3/12/25 | All countries | 50%; UK at 25% (25% for all countries from 3/12/25-6/4/25; was 10% prior to 3/12/25) | ||
4/2/25 | Countries importing Venezuelan oil (currently none) | 25% | ||
4/3/25 | All countries | 25% | ||
4/4/25 | All countries | 25% | ||
4/5/25 | Countries not on this list (minus Canada, China, Cuba, North Korea, Russia, Belarus) | 10% | ||
4/9/25 | China | 10% (was 125% from 4/10/25-5/3/25; was 84% on 4/9/25) | ||
5/2/25 | China, Hong Kong | N/A | ||
5/3/25 | All countries | 25% | ||
6/23/25 | All countries | Tariffs on steel derivatives (mostly appliances) | 50% (25% for UK) | |
8/1/25 | All countries | 50% | ||
8/6/25 | Brazil | 40% | ||
8/7/25 | ||||
8/18/25 | All countries | Tariffs on steel and aluminum derivatives | 50% (25% for UK) on steel or aluminum content; IEEPA rate applicable to country on non-steel or aluminum content | |
Effective 8/27/25 | India | 25% | ||
Effective 8/29/25 | All countries | N/A |
Coming Attractions |
| ||||
Status | Who | What | Rate | Authority |
|
10/1/25 | All countries | Inclusion request window for Section 232 auto parts opens | 25% |
| |
Effective 10/1/25(?) | All countries (probably) | 100% unless construction ongoing |
| ||
Effective 10/14/25 | All countries (minus EU, Japan, UK) | 10% or 25%, depending on product |
| ||
Effective 10/14/25 | Shipping companies | Various fees |
| ||
Comments due 10/17/25 (action due 5/30/26) | All countries | Personal Protective Equipment, Medical Consumables, and Medical Equipment, Including Devices | TBD |
| |
Comments due 10/17/25 (action due 5/30/26) | All countries | TBD |
| ||
Due 10/22/25 or 1/20/26 (comments due 5/16/25) | All countries (probably) | TBD |
| ||
Due 10/28/25 | All countries | Inclusions process for Section 232 copper |
|
|
|
Effective 11/1/25(?) | All countries (probably) | 25% |
| ||
Effective 11/10/25 | China | Reciprocal tariff | 34% |
| |
Expires 11/29/25 | China | Certain Section 301 China tariff exclusions | 7.5% or 25% |
| |
Due 12/10/25 (hearing was 3/11/25) | China | TBD |
| ||
Due 12/27/25 (comments due 5/7/25) | All countries (probably) | TBD |
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Due 12/27/25 (comments due 5/7/25) | All countries (probably) | TBD |
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Effective 1/1/26 | All countries (minus EU, Japan, UK) | 10%, 30%, or 50% depending on product |
| ||
Due 1/20/26 (comments due 5/16/25) | All countries (probably) | TBD |
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Due 1/26/26 (comments due 6/3/25) | All countries (probably) | TBD |
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Due 3/28/26 (comments due 8/6/25) | All countries (probably) | TBD |
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Due 3/28/26 (comments due 8/6/25) | All countries (probably) | TBD |
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Due 5/10/26 (comments due 9/9/25) | All countries | TBD |
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Due 7/15/26 | Brazil | TBD |
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TBD (no current deadline) | Canada | 25% |
| ||
TBD (no current deadline) | Mexico | 25% |
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TBD | All countries (probably) | 100% | TBD (maybe Section 232) |
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