Washington DC, April 11, 2025
While reaffirming the “national emergency” declared in a prior executive order aimed at addressing the threat posed by persistent U.S. goods trade deficits through reciprocal tariffs, President Trump on Friday revised his stance on certain high-tech imports — including some originating from China — by excluding them from the newly imposed duties.
One of the key exceptions to these tariffs is for “semiconductors.” The term includes a wide range of electronic and digital goods classified under specific headings and subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) — a detailed list of codes was provided in the memorandum. These exceptions are also recognized in subsequent executive orders issued on April 8 and April 9, 2025.
To ensure clarity and legal enforcement, the HTSUS is to be formally modified to insert these headings into the list of exempted goods under subchapter III, chapter 99. This change is retroactive to April 5, 2025, and any tariffs mistakenly collected on these items since that date will be refunded through U.S. Customs and Border Protection.
The memorandum grants implementation authority to the Secretary of Commerce and the U.S. Trade Representative, in coordination with other key officials (including Secretaries of State, Treasury, Homeland Security, and various presidential advisors). They are empowered to use all relevant powers under the International Emergency Economic Powers Act (IEEPA) to enforce and implement the Executive Orders, ensuring consistency with the outlined exemptions and national security objectives.
The Harmonized Tariff Schedule of the United States (HTSUS) classifies imported goods using specific codes. Here’s a breakdown of the product groups corresponding to the HTSUS codes you’ve provided:
See: Harmonized Tariff Schedule
8471: Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form, and machines for processing such data.
8473.30: Parts and accessories of the machines of heading 8471, specifically parts and accessories of automatic data processing machines.
8486: Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits, or flat panel displays.
8517.13.00: Smartphones.
8517.62.00: Machines for the reception, conversion, and transmission or regeneration of voice, images, or other data, including switching and routing apparatus.
8523.51.00: Solid-state non-volatile storage devices for the recording of sound or other phenomena.
8524: Records, tapes, and other recorded media for sound or other similarly recorded phenomena.
8528.52.00: Monitors and projectors, not incorporating television reception apparatus, capable of directly connecting to and designed for use with an automatic data processing machine.
8541.10.00: Diodes, other than light-emitting diodes.
8541.21.00: Transistors, with a dissipation rate of less than 1 W.
8541.29.00: Other transistors, not specified elsewhere.
8541.30.00: Thyristors, diacs, and triacs.
8541.49.10: Other photosensitive semiconductor devices, including photovoltaic cells, assembled in modules or made up into panels.
8541.49.70: Other photosensitive semiconductor devices, including photovoltaic cells, not assembled in modules or made up into panels.
8541.49.80: Other photosensitive semiconductor devices, not specified elsewhere.
8541.49.95: Other photosensitive semiconductor devices, not elsewhere specified or included.
8541.51.00: Gallium arsenide light-emitting diodes (LEDs).
8541.59.00: Other light-emitting diodes (LEDs).
8541.90.00: Parts of diodes, transistors, and similar semiconductor devices; photosensitive semiconductor devices, including photovoltaic cells; light-emitting diodes; mounted piezoelectric crystals.
8542: Electronic integrated circuits and microassemblies.
For detailed information and the most current updates, you can refer to the official Harmonized Tariff Schedule of the United States at hts.usitc.gov.
e-summary by ChatGPT, prompted by Insight EU, based on the following orignal Memorandum.
Clarification of Exceptions Under Executive – Order 14257 of April 2, 2025, as Amended
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF COMMERCE
THE SECRETARY OF HOMELAND SECURITY
THE UNITED STATES TRADE REPRESENTATIVE
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE SENIOR COUNSELOR TO THE PRESIDENT FOR TRADE AND MANUFACTURING
THE CHAIR OF THE UNITED STATES INTERNATIONAL TRADE COMMISSION
SUBJECT: Clarification of Exceptions Under Executive Order 14257 of April 2, 2025, as Amended
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 declared a national emergency arising from conditions reflected in large and persistent annual U.S. goods trade deficits, and imposed additional ad valorem duties that I deemed necessary and appropriate to deal with that unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security and economy of the United States.
In Executive Order 14257, I stated that certain goods are not subject to the ad valorem rates of duty under that order. One of those excepted products is “semiconductors.” The subsequent orders issued in connection with Executive Order 14257 — i.e., Executive Order 14259 of April 8, 2025 (Amendment to Reciprocal Tariffs and Updated Duties as Applied to Low-Value Imports from the People’s Republic of China), and the Executive Order of April 9, 2025 (Modifying Reciprocal Tariff Rates to Reflect Trading Partner Retaliation and Alignment), (Subsequent Orders) — incorporate the exceptions in Executive Order 14257, including for “semiconductors.”
That term’s meaning includes the products classified in the following headings and subheadings of the Harmonized Tariff Schedule of the United States (HTSUS):
· 8471
· 847330
· 8486
· 85171300
· 85176200
· 85235100
· 8524
· 85285200
· 85411000
· 85412100
· 85412900
· 85413000
· 85414910
· 85414970
· 85414980
· 85414995
· 85415100
· 85415900
· 85419000
· 8542
To the extent that the HTSUS does not currently fully reflect the products listed above as excepted from the ad valorem duties imposed under Executive Order 14257 and the Subsequent Orders, the HTSUS shall be modified by inserting in numerical order the headings and subheadings listed above into subdivision (v)(iii) of U.S. note 2 to subchapter III of chapter 99, effective as of 12:01 a.m. eastern daylight time on April 5, 2025. Any duties that were collected at or after 12:01 a.m. eastern daylight time on April 5, 2025, pursuant to Executive Order 14257 and the Subsequent Orders, on imports that are excepted under Executive Order 14257 and the Subsequent Orders because they are “semiconductors,” as explained in this memorandum, shall be refunded in accordance with U.S. Customs and Border Protection’s standard procedures for such refunds.
As explained in Executive Order 14257 and the Subsequent Orders, the Secretary of Commerce and the United States Trade Representative, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Homeland Security, the Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, the Senior Counselor to the President for Trade and Manufacturing, and the Chair of the United States International Trade Commission, are authorized to employ all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may be necessary to implement Executive Order 14257 and the Subsequent Orders. Measures taken to implement Executive Order 14257 and the Subsequent Orders shall be done in accordance with this memorandum.
DONALD J. TRUMP
Source – U.S. White House