In his first day in office, President Trump issued a slew of Executive Orders (EO), including one postponing the imposition of any immediate new tariffs that most were expecting on “Day One.” The “America First Trade Policy” EO instead postponed until at least February 1 the proposed 25% tariffs on goods imported from Canada and Mexico and postponed any other tariffs indefinitely pending multiple reviews of assorted trade-related issues by many departments, agencies, and officials of his new administration. All of these reviews generally have a deadline of April 1, with that date now marking a “bright line” for the assessment of new tariffs under various trade remedy and other statutes.
In essence, President Trump’s EO instructed the identified agencies and officials to conduct a complete “top-to-bottom” review of U.S. trade policy covering numerous issues to establish “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, ranches, entrepreneurs, and businesses.”
In remarks accompanying the new EO, President Trump essentially deferred any action on the universal 10% tariff that was to apply to imports into the U.S. from all countries. “We may. But we’re not ready for that yet” was the President’s statement on this issue, one of major concern to the EU and all of the U.S.’ top trading partners. The President also indicated that he wanted to reverse the persistent trade deficit with the EU, either through tariffs or more exports of U.S. energy.
One of the highlights of the EO called for the feasibility of establishing and implementing a new External Revenue Service (ERS) that would collect tariffs and other trade-related revenue. Currently, tariffs are paid by the U.S. importer of record (not the foreign producer, exporter, or country) and collected by U.S. Customs & Border Protection (CBP), whose revenue collection function remained within the Treasury Department after all of CBP’s other functions were transferred to the new Department of Homeland Security in 2003 created after the attacks of 9/11. Although the theory behind this proposal seems to be that foreign countries should be paying U.S. customs duties on goods exported from those countries to the U.S., some countries (like the U.S.) prohibit taxes of any kind (including customs duties) from being levied on exports.
Another highlight concerned the contentious issue of de minimis shipments, i.e., those imported into the U.S. via special entry procedures for goods valued under $800, thus exempting them from any duty or import-related fees. While the focus of the EO is on counterfeit goods and illicit drugs, many unscrupulous global traders use these procedures to evade payment of duties on legitimate imports of merchandise (such as apparel and footwear) that would otherwise be subject to some of the highest Normal Trade Relations duties of any category of merchandise when imports are valued at over $2,500 and formal entry procedures are required.
Key Provisions of the EO
The following summarizes the key provisions of the EO:
| Task | Responsible Agency/Official | Deadline |
| Investigate causes of persistent U.S. deficits in merchandise trade and corresponding economic/national security implications and recommend appropriate measures (including universal tariff supplements) to remedy such deficits | Commerce, Treasury, and U.S. Trade Representative (USTR) | April 1 |
| Investigate the feasibility of establishing and implementing an ERS to collect tariffs and other trade-related revenue | Treasury, Commerce, Homeland Security | April 1 |
| Review and identify any unfair trade practices by other countries and recommend appropriate remedies authorized under the Constitution, U.S. statutes, and U.S. free trade agreements | Office of the USTR, Treasury, Commerce, and White House Senior Counselor for Trade and Manufacturing (Peter Navarro) | April 1 |
| Initiate public consultation on the U.S.-Mexico-Canada Agreement (USMCA) to gauge the impact of USMCA on U.S. businesses and report to Congress on those results, including any new negotiation goals as the statutorily mandated 2026 congressional review of USMCA ramps up | USTR | No later than October 2025 (as already set forth in USMCA) |
| Assess whether currency manipulation/misalignment by any country that provides an unfair trade advantage and recommend appropriate measures to counter such practices | Treasury | April 1 |
| Review all 20 existing U.S. free trade agreements (FTAs) and recommend any amendments needed to achieve or continue trading reciprocity with that partner country/countries | USTR | April 1 |
| To obtain market access, identify countries with which the U.S. can negotiate bilateral or sector-specific agreements and make recommendations regarding potential agreements | USTR | April 1 |
| Review policies, regulations, and procedures for antidumping and countervailing duties vis-à-vis transnational subsidies, cost adjustments, affiliations, and the U.S. practice of “zeroing,” i.e., assigning any U.S. sales above the “normal value” established in the foreign country with a zero value, thus distorting the calculation of the antidumping duty margin by only including U.S. sales below the “normal value” | Commerce | April 1 |
| For federal procurement purposes, assess the impact of all U.S. FTAs (and the WTO Agreement on Government Procurement) on the volume of purchases under the Buy American Act and Hire American Act and make recommendations to favor domestic workers and manufacturers | USTR with White House Senior Counselor | April 1 |
| Quantify the loss of tariffs and risks under the de minimis rules for imported counterfeit goods and contraband drugs and recommend modifications to existing law | Treasury, Commerce, Homeland Security, WH Senior Counselor | April 1 |
| Determine whether U.S. citizens or companies are subject to discriminatory or extraterritorial taxes | USTR, White House Senior Counselor | April 1 |
BDO Insight
Now that President Trump has issued this sweeping EO, it is clear that tariff increases may be part of the solution his administration enacts—perhaps with congressional approval via legislation or via Presidential Proclamations issued under a variety of trade remedy or other statutes.
With the new April 1 deadline looming, companies should be taking immediate measures to prepare for any coming changes. By understanding the legal mechanisms available and proactively adopting strategic measures, companies can navigate these challenges and seize opportunities in a rapidly evolving global market.
How BDO Can Help
For further assistance and detailed analyses tailored to your business needs, please contact our team of international trade experts at BDO. We are here to help you assess key vulnerabilities, ensure compliance with new measures, and identify opportunities for tariff relief and supply chain diversification moving forward, especially via our new North American Strategic Trade Assessment service offering combining the talents of our U.S., Canadian, and Mexican customs teams.
Please visit BDO’s International Tax Services page for more information on how BDO can help.