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[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Presidential Documents]
[Pages 8471-8475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02032]



                        Presidential Documents 



Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / 
Presidential Documents

[[Page 8471]]

                Memorandum of January 20, 2025

                
America First Trade Policy

                Memorandum for the Secretary of State[,] the Secretary 
                of the Treasury[,] the Secretary of Defense[,] the 
                Secretary of Commerce[,] the Secretary of Homeland 
                Security[,] the Director of the Office of Management 
                and Budget[,] the United States Trade Representative[,] 
                the Assistant to the President for Economic Policy[, 
                and] the Senior Counselor for Trade and Manufacturing

                Section 1. Background. In 2017, my Administration 
                pursued trade and economic policies that put the 
                American economy, the American worker, and our national 
                security first. This spurred an American revitalization 
                marked by stable supply chains, massive economic 
                growth, historically low inflation, a substantial 
                increase in real wages and real median household 
                wealth, and a path toward eliminating destructive trade 
                deficits.

                My Administration treated trade policy as a critical 
                component to national security and reduced our Nation's 
                dependence on other countries to meet our key security 
                needs.

                Americans benefit from and deserve an America First 
                trade policy. Therefore, I am establishing a robust and 
                reinvigorated trade policy that promotes investment and 
                productivity, enhances our Nation's industrial and 
                technological advantages, defends our economic and 
                national security, and--above all--benefits American 
                workers, manufacturers, farmers, ranchers, 
                entrepreneurs, and businesses.

                Sec. 2. Addressing Unfair and Unbalanced Trade. (a) The 
                Secretary of Commerce, in consultation with the 
                Secretary of the Treasury and the United States Trade 
                Representative, shall investigate the causes of our 
                country's large and persistent annual trade deficits in 
                goods, as well as the economic and national security 
                implications and risks resulting from such deficits, 
                and recommend appropriate measures, such as a global 
                supplemental tariff or other policies, to remedy such 
                deficits.

                    (b) The Secretary of the Treasury, in consultation 
                with the Secretary of Commerce and the Secretary of 
                Homeland Security, shall investigate the feasibility of 
                establishing and recommend the best methods for 
                designing, building, and implementing an External 
                Revenue Service (ERS) to collect tariffs, duties, and 
                other foreign trade-related revenues.
                    (c) The United States Trade Representative, in 
                consultation with the Secretary of the Treasury, the 
                Secretary of Commerce, and the Senior Counselor for 
                Trade and Manufacturing, shall undertake a review of, 
                and identify, any unfair trade practices by other 
                countries and recommend appropriate actions to remedy 
                such practices under applicable authorities, including, 
                but not limited to, the Constitution of the United 
                States; sections 71 through 75 of title 15, United 
                States Code; sections 1337, 1338, 2252, 2253, and 2411 
                of title 19, United States Code; section 1701 of title 
                50, United States Code; and trade agreement 
                implementing acts.
                    (d) The United States Trade Representative shall 
                commence the public consultation process set out in 
                section 4611(b) of title 19, United States Code, with 
                respect to the United States-Mexico-Canada Agreement 
                (USMCA) in preparation for the July 2026 review of the 
                USMCA. Additionally, the United States Trade 
                Representative, in consultation with the heads of other 
                relevant executive departments and agencies, shall 
                assess the impact of

[[Page 8472]]

                the USMCA on American workers, farmers, ranchers, 
                service providers, and other businesses and make 
                recommendations regarding the United States' 
                participation in the agreement. The United States Trade 
                Representative shall also report to appropriate 
                congressional committees on the operation of the USMCA 
                and related matters consistent with section 4611(b) of 
                title 19, United States Code.
                    (e) The Secretary of the Treasury shall review and 
                assess the policies and practices of major United 
                States trading partners with respect to the rate of 
                exchange between their currencies and the United States 
                dollar pursuant to section 4421 of title 19, United 
                States Code, and section 5305 of title 22, United 
                States Code. The Secretary of the Treasury shall 
                recommend appropriate measures to counter currency 
                manipulation or misalignment that prevents effective 
                balance of payments adjustments or that provides 
                trading partners with an unfair competitive advantage 
                in international trade, and shall identify any 
                countries that he believes should be designated as 
                currency manipulators.
                    (f) The United States Trade Representative shall 
                review existing United States trade agreements and 
                sectoral trade agreements and recommend any revisions 
                that may be necessary or appropriate to achieve or 
                maintain the general level of reciprocal and mutually 
                advantageous concessions with respect to free trade 
                agreement partner countries.
                    (g) The United States Trade Representative shall 
                identify countries with which the United States can 
                negotiate agreements on a bilateral or sector-specific 
                basis to obtain export market access for American 
                workers, farmers, ranchers, service providers, and 
                other businesses and shall make recommendations 
                regarding such potential agreements.
                    (h) The Secretary of Commerce shall review policies 
                and regulations regarding the application of 
                antidumping and countervailing duty (AD/CVD) laws, 
                including with regard to transnational subsidies, cost 
                adjustments, affiliations, and ``zeroing.'' Further, 
                the Secretary of Commerce shall review procedures for 
                conducting verifications pursuant to section 1677m of 
                title 19, United States Code, and assess whether these 
                procedures sufficiently induce compliance by foreign 
                respondents and governments involved in AD/CVD 
                proceedings. The Secretary of Commerce shall consider 
                modifications to these procedures, as appropriate.
                    (i) The Secretary of the Treasury, the Secretary of 
                Commerce, the Secretary of Homeland Security, and the 
                Senior Counselor for Trade and Manufacturing, in 
                consultation with the United States Trade 
                Representative, shall assess the loss of tariff 
                revenues and the risks from importing counterfeit 
                products and contraband drugs, e.g., fentanyl, that 
                each result from the current implementation of the $800 
                or less, duty-free de minimis exemption under section 
                1321 of title 19, United States Code, and shall 
                recommend modifications as warranted to protect both 
                the revenue of the United States and the public health 
                by preventing unlawful importations.
                    (j) The Secretary of the Treasury, in consultation 
                with the Secretary of Commerce and the United States 
                Trade Representative, shall investigate whether any 
                foreign country subjects United States citizens or 
                corporations to discriminatory or extraterritorial 
                taxes pursuant to section 891 of title 26, United 
                States Code.
                    (k) The United States Trade Representative, in 
                consultation with the Senior Counselor for Trade and 
                Manufacturing, shall review the impact of all trade 
                agreements--including the World Trade Organization 
                Agreement on Government Procurement--on the volume of 
                Federal procurement covered by Executive Order 13788 of 
                April 18, 2017 (Buy American and Hire American), and 
                shall make recommendations to ensure that such 
                agreements are being implemented in a manner that 
                favors domestic workers and manufacturers, not foreign 
                nations.

                Sec. 3. Economic and Trade Relations with the People's 
                Republic of China (PRC). (a) The United States Trade 
                Representative shall review the Economic

[[Page 8473]]

                and Trade Agreement Between the Government of the 
                United States of America and the Government of the 
                People's Republic of China to determine whether the PRC 
                is acting in accordance with this agreement, and shall 
                recommend appropriate actions to be taken based upon 
                the findings of this review, up to and including the 
                imposition of tariffs or other measures as needed.

                    (b) The United States Trade Representative shall 
                assess the May 14, 2024, report entitled ``Four-Year 
                Review of Actions Taken in the Section 301 
                Investigation: China's Acts, Policies, and Practices 
                Related to Technology Transfer, Intellectual Property, 
                and Innovation'' and consider potential additional 
                tariff modifications as needed under section 2411 of 
                title 19, United States Code--particularly with respect 
                to industrial supply chains and circumvention through 
                third countries, including an updated estimate of the 
                costs imposed by any unfair trade practices identified 
                in such review--and he shall recommend such actions as 
                are necessary to remediate any issues identified in 
                connection with this process.
                    (c) The United States Trade Representative shall 
                investigate other acts, policies, and practices by the 
                PRC that may be unreasonable or discriminatory and that 
                may burden or restrict United States commerce, and 
                shall make recommendations regarding appropriate 
                responsive actions, including, but not limited to, 
                actions authorized by section 2411 of title 19, United 
                States Code.
                    (d) The Secretary of Commerce and the United States 
                Trade Representative shall assess legislative proposals 
                regarding Permanent Normal Trade Relations with the PRC 
                and make recommendations regarding any proposed changes 
                to such legislative proposals.
                    (e) The Secretary of Commerce shall assess the 
                status of United States intellectual property rights 
                such as patents, copyrights, and trademarks conferred 
                upon PRC persons, and shall make recommendations to 
                ensure reciprocal and balanced treatment of 
                intellectual property rights with the PRC.

                Sec. 4. Additional Economic Security Matters. (a) The 
                Secretary of Commerce, in consultation with the 
                Secretary of Defense and the heads of any other 
                relevant agencies, shall conduct a full economic and 
                security review of the United States' industrial and 
                manufacturing base to assess whether it is necessary to 
                initiate investigations to adjust imports that threaten 
                the national security of the United States under 
                section 1862 of title 19, United States Code.

                    (b) The Assistant to the President for Economic 
                Policy, in consultation with the Secretary of Commerce, 
                the United States Trade Representative, and the Senior 
                Counselor for Trade and Manufacturing, shall review and 
                assess the effectiveness of the exclusions, exemptions, 
                and other import adjustment measures on steel and 
                aluminum under section 1862 of title 19, United States 
                Code, in responding to threats to the national security 
                of the United States, and shall make recommendations 
                based upon the findings of this review.
                    (c) The Secretary of State and the Secretary of 
                Commerce, in cooperation with the heads of other 
                agencies with export control authorities, shall review 
                the United States export control system and advise on 
                modifications in light of developments involving 
                strategic adversaries or geopolitical rivals as well as 
                all other relevant national security and global 
                considerations. Specifically, the Secretary of State 
                and the Secretary of Commerce shall assess and make 
                recommendations regarding how to maintain, obtain, and 
                enhance our Nation's technological edge and how to 
                identify and eliminate loopholes in existing export 
                controls--especially those that enable the transfer of 
                strategic goods, software, services, and technology to 
                countries to strategic rivals and their proxies. In 
                addition, they shall assess and make recommendations 
                regarding export control enforcement policies and 
                practices, and enforcement mechanisms to incentivize 
                compliance by foreign countries, including appropriate 
                trade and national security measures.

[[Page 8474]]

                    (d) The Secretary of Commerce shall review and 
                recommend appropriate action with respect to the 
                rulemaking by the Office of Information and 
                Communication Technology and Services (ICTS) on 
                connected vehicles, and shall consider whether controls 
                on ICTS transactions should be expanded to account for 
                additional connected products.
                    (e) The Secretary of the Treasury, in consultation 
                with the Secretary of Commerce and, as appropriate, the 
                heads of any other relevant agencies, shall review 
                whether Executive Order 14105 of August 9, 2023 
                (Addressing United States Investments in Certain 
                National Security Technologies and Products in 
                Countries of Concern) should be modified or rescinded 
                and replaced, and assess whether the final rule 
                entitled ``Provisions Pertaining to U.S. Investments in 
                Certain National Security Technologies and Products in 
                Countries of Concern,'' 89 FR 90398 (November 15, 
                2024), which implements Executive Order 14105, includes 
                sufficient controls to address national security 
                threats. The Secretary of the Treasury shall make 
                recommendations based upon the findings of this review, 
                including potential modifications to the Outbound 
                Investment Security Program.
                    (f) The Director of the Office of Management and 
                Budget shall assess any distorting impact of foreign 
                government financial contributions or subsidies on 
                United States Federal procurement programs and propose 
                guidance, regulations, or legislation to combat such 
                distortion.
                    (g) The Secretary of Commerce and the Secretary of 
                Homeland Security shall assess the unlawful migration 
                and fentanyl flows from Canada, Mexico, the PRC, and 
                any other relevant jurisdictions and recommend 
                appropriate trade and national security measures to 
                resolve that emergency.

                Sec. 5. Reports. The results of the reviews and 
                investigations, findings, identifications, and 
                recommendations identified in:

                    (a) sections 2(a), 2(h), 3(d), 3(e), 4(a), 4(b), 
                4(c), 4(d), and 4(g) shall be delivered to me in a 
                unified report coordinated by the Secretary of Commerce 
                by April 1, 2025;
                    (b) sections 2(b), 2(e), 2(i), 2(j), and 4(e) shall 
                be delivered to me in a unified report coordinated by 
                the Secretary of the Treasury by April 1, 2025;
                    (c) sections 2(c), 2(d), 2(f), 2(g), 2(k), 3(a), 
                3(b), and 3(c) shall be delivered to me in a unified 
                report coordinated by the United States Trade 
                Representative by April 1, 2025; and
                    (d) section 4(f) shall be delivered to me by the 
                Director of the Office of Management and Budget by 
                April 30, 2025.

                Sec. 6. General Provisions. (a) Nothing in this 
                memorandum 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 memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

[[Page 8475]]

                    (c) This memorandum 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 20, 2025

[FR Doc. 2025-02032
Filed 1-29-25; 8:45 am]
Billing code 3395-F4-P
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