Executive Order + Proclamation + Bill
Purpose: Close de minimis evasion, harden port‑of‑loading controls, and impose tiered, reversible duties keyed to national‑security and unfair‑practice findings—fast, durable, and court‑ready.
One-Page Talking Points (for rollout)
- Close the parcel loophole: We force evasive goods into formal entry with bonds and enhanced data—no more duty‑free backdoors.
- Targeted, reversible pressure: Duties are tiered and snap‑back based on behavior; well‑behaved partners see relief, bad actors pay.
- Enforce at the chokepoints: High‑risk ports of loading face risk‑tiered scans, cash deposits, and factory IDs—facts over flags.
- Lawful, fast, durable: Modern findings, clean authorities, CIT venue, no private right, and a single 110‑day report cadence.
Section-by-Section (high-level)
Executive Order (modern form)
- Opener: Canonical “By the authority vested in me…” with trade statutes cited.
- Sec. 2 – Initiation (Accelerated): 232/301 investigations with record‑support; In‑Transit Rule (7‑day grace).
- Sec. 3A – De Minimis IFR: Good‑cause interim‑final rule to suspend 1321 benefits for designated lanes; bonds, enhanced data.
- Sec. 4/4A – Port‑of‑Loading Controls: High‑risk POLS, risk‑tiered NII, single‑transaction bonds, manifest/factory IDs, recordkeeping.
- General Provisions: Implementation, authority reservation, no‑private‑right, CIT venue; Severability/Savings.
Proclamation
- Findings: 232 national‑security + 301 unfair‑practice determinations.
- Action: HTSUS modifications by proclamation; Review (CIT), Severability.
Bill
- Sec. 2A – Findings: Congress states security/evasion findings.
- Sec. 3 – Core Operative Measures (Notwithstanding): President shall impose/maintain duties; HTSUS changes by proclamation; de minimis formal entry; POLS controls; humanitarian/nat‑sec licensing; State AG enforcement to CIT for nondiscretionary duties.
- Sec. 4A – Metrics/Off‑Ramps: Single 110‑day cadence; “shall suspend … unless” safeguard.
- Sec. 5A – Incorporation by Reference: Use BIS Entity/Unverified/MEU and OFAC SDN lists; add/remove by FR notice with reasons.
- Secs. 11–13 – Severability/Savings/Judicial Review (CIT).
- Sec. 14 – Definitions: “Designated jurisdiction,” “evasion” (with examples + safe harbor), “port of loading,” “high‑risk POLS,” “substantial transformation.”
1. Executive Order
Emergency Additional Duties and Customs Controls on Designated Jurisdictions
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 201 and 301 of the Trade Act of 1974 (19 U.S.C. 2251; 2411), section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), section 338 of the Tariff Act of 1930 (19 U.S.C. 1338), section 1321 of title 19, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. The United States will defend its economic and national security through additional duties and customs measures on the jurisdictions identified in Annex A (Tiers) and Annex B (Ports of Loading).
Sec. 2. Initiation of Actions (Accelerated). (a) Section 232 (National Security). The Secretary of Commerce shall, within 1 day, initiate investigations under 19 U.S.C. 1862 into imports from Annex A jurisdictions in sectors prioritized in Annex C (HS lines); reports due within 30 days.
(b) Presidential Proclamations. Upon receipt of each 232 report, I will issue a proclamation within 2 days imposing additional duties by tier, consistent with the findings.
(c) Section 301 (Unreasonable/Discriminatory Practices). The United States Trade Representative shall, within 2 days, begin investigations into practices by Annex A jurisdictions that burden or restrict U.S. commerce; determinations and duty actions within 45 days.
(d) Section 338 (Discriminatory Treatment). The U.S. International Trade Commission is requested to provide expedited advisory input; based on that advice, I may proclaim increases under 19 U.S.C. 1338 without delay.
(e) In-Transit Rule. For goods laden on a vessel or aircraft prior to 12:01 a.m. ET on the effective date, any additional duties or restrictions established under statute or proclamation shall apply commencing on the 7th day thereafter, unless otherwise provided by the Secretary of the Treasury.
Sec. 3. Suspension of De Minimis and Interim Final Rule.
The Secretary of the Treasury, through CBP, shall within 15 days issue an interim final rule, with request for post-promulgation comment, suspending 19 U.S.C. § 1321(a)(2)(C) benefits for goods originating in—or loaded at—Annex A/B jurisdictions. Good cause under 5 U.S.C. § 553(b)(B) and (d)(3) is found based on national security, immediate enforcement needs, and demonstrated evasion risks. CBP shall require formal entry, bond or cash deposit under 19 U.S.C. § 1623, and enhanced data elements under 19 U.S.C. §§ 1431, 1508–1509.
Sec. 4. Port-of-Loading Controls (Enforcement).
CBP shall designate Annex B ports as High-Risk Port-of-Loading Sites and, within 7 days, require: (i) risk-tiered non-intrusive inspections; (ii) single-transaction bonds or cash deposits equal to anticipated additional duties pursuant to 19 U.S.C. § 1623; (iii) enhanced manifest and factory identifiers under 19 U.S.C. § 1431; and (iv) recordkeeping obligations under 19 U.S.C. §§ 1508–1509. A rebuttable presumption applies that goods loaded at Annex B ports are linked to Annex A jurisdictions absent clear and convincing evidence of substantial transformation elsewhere.
Sec. 5. Anti‑Evasion and Tariff Engineering. (a) USTR and Treasury shall, on 9‑day cycles, expand covered HS subheadings in Annex C to defeat tariff engineering.
(b) CBP may disregard transaction value for related‑party sales and assess on computed or constructed value where appropriate.
Sec. 6. Temporary Suspension for Government Collapse. Upon certification by the Secretary of State that a Designated Jurisdiction has undergone an extraordinary governmental collapse or transition recognized by the United States, USTR and Treasury may suspend new duties for that jurisdiction for up to 30 days, renewable once for 30 days, solely to conduct expedited negotiations. Absent agreement, measures resume automatically.
Sec. 7. Severability.
If any provision of this Order or its application is held invalid, the remainder and any other application shall not be affected.
Sec. 8. Savings Clause.
Nothing in this Order impairs or otherwise affects existing authorities or remedies, including actions under 19 U.S.C. §§ 1671–1677, 2251, 2411, or 1862.
Sec. 9. General Provisions.
(a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(b) 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.
(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) To the extent permitted by law, a civil action challenging any action taken pursuant to this order shall be filed in the United States Court of International Trade under 28 U.S.C. § 1581(i).
Signed: ____________________________
The White House, _____________, 2025
Annex A — Tiers (Initial Designations)
- Tier 1: Brazil.
- Tier 2: United Arab Emirates; Azerbaijan.
- Tier 3: Member States of the European Union implementing bloc‑wide standards frameworks.
- Tier 4: Canada; United Kingdom; Japan; Republic of Korea; Australia.
- Tier 5: Additional jurisdictions designated by notice.
Annex B — High‑Risk Ports of Loading (Initial)
- Brazil: Santos; Paranaguá; São Luís/Ponta da Madeira; Vitória/Tubarão.
- UAE: Jebel Ali; Khalifa (Abu Dhabi).
- Azerbaijan: Baku/Alat.
- EU: Rotterdam (NL); Antwerp‑Bruges (BE); Hamburg (DE); Valencia (ES); Le Havre (FR); Gioia Tauro (IT).
- Canada: Vancouver; Prince Rupert.
- United Kingdom: Felixstowe; London Gateway.
- Japan: Nagoya; Yokohama.
- Republic of Korea: Busan; Gwangyang; Incheon.
- Australia: Port Hedland; Melbourne; Sydney (Port Botany); Brisbane; Fremantle.
Annex C — Priority HS Lines (Initial)
Ch. 27 (mineral fuels & oils); Ch. 26 (ores incl. 2601); Ch. 12 (oil seeds incl. 1201); Ch. 10 (cereals incl. 1005); Ch. 02 (meat 0201–0202); Ch. 47 (pulp 4703); Ch. 76 (aluminium 7601/7604); Ch. 39 (plastics 3901–3907); Ch. 84–85 (machinery & electrical incl. 8542); Ch. 29 (organic chemicals); Ch. 30 (pharmaceuticals); Ch. 22 (beverages & spirits); Ch. 87 (vehicles & parts 8703/8708).
2. Presidential Proclamation
Additional Duties on Imports From Designated Jurisdictions
Whereas the Secretary of Commerce has transmitted reports under section 232 of the Trade Expansion Act of 1962, and the United States Trade Representative has issued determinations under section 301 of the Trade Act of 1974; and whereas I find that imports from the jurisdictions set forth below threaten to impair the national security and burden U.S. commerce, it is hereby proclaimed as follows:
Section 1. Additional Duties (Tiered Additional Duty Schedule). (a) In addition to existing duties, the following ad valorem duty surcharges shall apply to articles the product of:
(1) Tier 1 — Brazil: 500%.
(2) Tier 2 — United Arab Emirates; Azerbaijan: 400%.
(3) Tier 3 — Member States of the European Union (as defined in the Executive Order): 300%.
(4) Tier 4 — Canada; United Kingdom; Japan; Republic of Korea; Australia: 200%.
(5) Tier 5 — Additional jurisdictions designated by notice: 100%.
(b) The surcharges also apply to articles loaded at the High‑Risk Ports of Loading in Annex B, unless the importer demonstrates substantial transformation in a non‑designated country by clear and convincing evidence.
Sec. 2. Applicability and Effective Date. This proclamation applies to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on the 2nd day after the date of this proclamation.
Sec. 3. Modifications. The United States Trade Representative and the Secretary of the Treasury may, by notice, add or remove HS subheadings in Annex C and amend the port list in Annex B, effective upon publication.
Sec. 4. Temporary Suspension for Government Collapse. Upon certification by the Secretary of State that a designated jurisdiction has undergone an extraordinary governmental collapse or transition recognized by the United States, the surcharges for that jurisdiction may be suspended for up to 30 days, renewable once for 30 days. Absent an agreement enacted by law, the surcharges resume automatically.
Sec. 5. General. The Harmonized Tariff Schedule of the United States is modified to implement this proclamation.
Sec. 6. Severability. Any invalidation of a modification to the HTSUS under this proclamation shall not affect other modifications herein.
Signed: ____________________________
The White House, _____________, 2025
Annex B and Annex C: As in the Executive Order.
3. UNCLE SAM’S MIRROR FORCE Act of 2025
A BILL
To apply additional duties and customs measures against designated jurisdictions and goods, and for other purposes.
SECTION 1. SHORT TITLE.
This Act may be cited as the “UNCLE SAM’S MIRROR FORCE Act of 2025.”
SEC. 2. PURPOSE; NOTWITHSTANDING CLAUSE.
(a) Purpose. To protect U.S. economic and national security by applying extraordinary additional duties to goods of designated origins and to goods loaded at specified foreign ports.
(b) Notwithstanding. Measures under this Act apply notwithstanding any other law, including 19 U.S.C. §§1202, 2411–2420, 3511–3512, or any international agreement.
SEC. 2A. CONGRESSIONAL FINDINGS.
Congress finds that designated jurisdictions engage in practices that threaten to impair national security and burden United States commerce; that de minimis shipments are being used to evade United States customs laws; and that additional duties keyed to country of origin and enhanced controls keyed to port-of-loading are necessary and proper to protect the United States.
SEC. 3. CORE OPERATIVE MEASURES; NOTWITHSTANDING; APPLICATION.
(a) Notwithstanding any other provision of law, the President shall impose and maintain the additional duties and related measures authorized by this Act with respect to merchandise that—
(1) is a product of a designated jurisdiction; or
(2) was loaded at a port of loading located in a designated jurisdiction,
for any period during which the President determines, with reasons, that the acts, policies, or practices of such jurisdiction are unreasonable or discriminatory and burden or restrict United States commerce, or threaten to impair the national security.
(b) Duties; Modifications to the HTSUS.— The President shall, by proclamation and consistent with section 604 of the Tariff Act of 1930 (19 U.S.C. 1202) and this Act, modify the Harmonized Tariff Schedule of the United States to apply the additional duties and any related fee or surcharge necessary to carry out this section. Such proclamation may establish tiered rates and snap-back provisions based on the behavior of a designated jurisdiction, and shall be published in the Federal Register with reasons.
(c) De Minimis; Formal Entry.— Notwithstanding section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)), the Secretary of the Treasury, acting through U.S. Customs and Border Protection, shall require formal entry and such bond, cash deposit, and enhanced data elements as the Secretary considers necessary to prevent evasion or abuse for merchandise described in subsection (a).
(d) Port-of-Loading Controls.— The Secretary of the Treasury, acting through U.S. Customs and Border Protection, shall designate High-Risk Ports of Loading and, as appropriate, require risk-tiered non-intrusive inspections, single-transaction bonds or cash deposits, enhanced manifest and factory identifiers, and recordkeeping under sections 431 and 508–509 of the Tariff Act of 1930 (19 U.S.C. 1431, 1508–1509).
(e) Humanitarian and National-Security Licenses.— The Secretary of the Treasury may grant case-by-case licenses consistent with law for humanitarian items or discrete national-security needs, with public aggregate reporting every 110 days.
(f) Enforcement by State Attorneys General.— The attorney general of a State may bring a civil action against the United States, an agency thereof, or an officer thereof, for failure to implement a nondiscretionary duty under this section, to obtain appropriate declaratory or injunctive relief. Any such action shall be filed in the United States Court of International Trade under 28 U.S.C. 1581(i).
SEC. 4A. METRICS AND OFF-RAMPS.
The United States Trade Representative shall report every 110 days on (1) changes in import shares from designated jurisdictions; (2) de minimis formal-entry conversion rates; and (3) evasion indicators. The President shall suspend surcharges for a jurisdiction upon a determination, with reasons, that metrics (1)–(3) evidence sustained, material improvement for 90 consecutive days, unless the President determines, with written reasons, that such suspension would materially impair national security or law enforcement interests.
SEC. 5A. INCORPORATION BY REFERENCE; ADD/REMOVE AUTHORITY.
(a) Incorporation.— For purposes of enforcement under this Act, the Secretary of Commerce and the Secretary of the Treasury shall utilize and incorporate by reference the Department of Commerce Entity List (15 C.F.R. part 744, Supplement No. 4), Unverified List (Supplement No. 6), and Military End User List (Supplement No. 7), and the Department of the Treasury Specially Designated Nationals and Blocked Persons List, as each may be amended.
(b) Add/Remove.— The President or the President’s delegee shall, upon a reasoned written determination, add persons to or remove persons from the coverage of this Act by notice published in the Federal Register, unless the President or the President’s delegee determines, with written reasons, that deferring such action is necessary to avoid material impairment of national security or law-enforcement interests.
SEC. 11. SEVERABILITY.
If any provision or application of this Act is held invalid, the remainder and any other application shall not be affected.
SEC. 12. SAVINGS.
Nothing in this Act shall be construed to limit or repeal any other authority to impose duties or other import restrictions.
SEC. 13. JUDICIAL REVIEW.
A civil action challenging any action taken under this Act shall be filed in the United States Court of International Trade under 28 U.S.C. § 1581(i).
SEC. 14. DEFINITIONS.
(a) Designated Jurisdiction.— The term “designated jurisdiction” means any foreign country or customs territory identified by the President by notice published in the Federal Register pursuant to this Act.
(b) Evasion.— For purposes of this Act, “evasion” includes—
(1) intentional misstatement or concealment of country of origin;
(2) transshipment of merchandise through an intermediary jurisdiction to avoid additional duties or requirements under this Act;
(3) falsification or misuse of certificates of origin or related documentation;
(4) structuring shipments to exploit de minimis thresholds or to avoid formal entry; and
(5) misclassification, undervaluation, or other material false statements intended to avoid assessment of duties established under this Act;
but does not include a good-faith clerical or scrivener’s error corrected with reasonable promptness.
(c) Port of Loading.— The term “port of loading” means the port at which merchandise is laden aboard the vessel or aircraft for export to the United States, as reflected on the manifest and other required documentation under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431).
(d) High-Risk Port of Loading.— The term “High-Risk Port of Loading” means a port of loading designated by the Secretary of the Treasury, acting through U.S. Customs and Border Protection, pursuant to this Act based on risk indicators of evasion or national-security concern.
(e) Substantial Transformation.— The term “substantial transformation” has the meaning applied under United States origin-determination doctrine and regulations issued thereunder.
4. Annexes (Schedules)
Schedule A — Port-of-Loading List (Initial)
- Brazil: Santos; Paranaguá; São Luís / Ponta da Madeira; Vitória / Tubarão.
- United Arab Emirates: Jebel Ali; Khalifa (Abu Dhabi).
- Azerbaijan: Baku / Alat.
- European Union (illustrative core): Rotterdam (NL); Antwerp‑Bruges (BE); Hamburg (DE); Valencia (ES); Le Havre (FR); Gioia Tauro (IT).
- Canada: Vancouver; Prince Rupert.
- United Kingdom: Felixstowe; London Gateway.
- Japan: Nagoya; Yokohama.
- Republic of Korea: Busan; Gwangyang; Incheon.
- Australia: Port Hedland; Melbourne; Sydney (Port Botany); Brisbane; Fremantle.
Schedule B — Priority HS Chapters/Headings
Ch. 27 (Mineral fuels & oils); Ch. 26 (Ores incl. iron ore 2601); Ch. 12 (Oil seeds incl. soy 1201); Ch. 10 (Cereals incl. corn 1005); Ch. 02 (Meat 0201–0202); Ch. 47 (Pulp 4703); Ch. 76 (Aluminium 7601, 7604); Ch. 39 (Plastics 3901–3907); Ch. 84–85 (Machinery & electrical incl. semiconductors 8542); Ch. 29 (Organic chemicals); Ch. 30 (Pharmaceuticals); Ch. 22 (Beverages & spirits); Ch. 87 (Vehicles & parts 8703/8708).


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