By: Brian Walczyk, Compliance Manager, TradeInsights, LCB, CCS

On September 25 the Commerce Department and Office of the U.S. Trade Representative (USTR) published Federal Register Notice 90 FR 46136.

The FRN implements tariff-related changes as outlined in Executive Order 14346 (Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements).

Specifically the notice amends the US HTS for particular tariff adjustments for EU member countries as it relates to Automobiles, Automobile Parts, Civil Aircraft, Civil Aircraft Parts, and certain IEEPA Reciprocal Tariff Exemptions.

Annex II of the FRN outlines the HTS codes impacted, of which there is retroactivity that may provide avenues for Post Summary Corrections or Protests for duty savings.

• Automobile and Automobile Parts have retroactivity to August 1, 2025, as seen in Annex II (A)

• Reciprocal Exclusion (v)(xvi & xvii), Pharma (v)(xix), and Civil Aircraft (v)(xviii) have retroactivity to September 1, 2025, as seen in Annex II (B)

A CSMS message covering the technical guidance for the trade community was also published by US CBP on September 24 and can be viewed here.

We will continue to monitor this situation and issue updates as needed.

Please contact your V. Alexander account team, or you may also contact our Trade Compliance team at tradeinsights@valexander.com with any questions, and you can always follow us on our website www.valexander.com for updates on this and other topics.