Background

President Trump issued Jan. 20 a memorandum directing federal agencies to report back to him by April 1 on a number of potential measures designed to help implement “a robust and reinvigorated trade policy that promotes investment and productivity, enhances our nation’s industrial and technological advantages, defends our national security, and – above all – benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.”

The memo thus indicates that some of the steps Trump pledged to take on day one of his administration will in fact be delayed for at least several months. These include imposing additional tariffs on imports and establishing a new federal agency to oversee tariff collections.

The memo seeks input on a wide range of issues, including the following.

- the causes of the U.S.’ annual trade deficits in goods, as well as the economic and national security implications and risks of such deficits, and appropriate remedial measures such as a global supplemental tariff or other policies

- the feasibility of establishing, and the best methods for designing, building, and implementing, an External Revenue Service to collect tariffs, duties, and other foreign trade-related revenues

- unlawful migration and fentanyl flows from Canada, Mexico, China, and any other relevant jurisdictions as well as appropriate trade and national security measures to resolve this emergency

- potential additional modifications to the Section 301 tariffs on China, particularly with respect to industrial supply chains and circumvention through third countries

- other potential Section 301 investigations on China and appropriate responses

- legislative proposals, and any needed changes to them, regarding permanent normal trade relations status for imports from China

- the Phase One trade agreement with China, whether China is acting in accordance with that agreement, and appropriate actions, up to and including the imposition of tariffs or other measures

- the loss of tariff revenues and the risks from importing counterfeit products and contraband drugs that result from the current implementation of de minimis exemption, as well as any necessary modifications to that exemption

- a full economic and security review of the U.S.’ industrial and manufacturing base to assess whether to initiate investigations to adjust imports that threaten national security

- the U.S. export control system and necessary modifications in light of developments involving strategic adversaries or geopolitical rivals as well as all other relevant national security and global considerations (e.g., identifying and eliminating loopholes in existing export controls, especially those that enable the transfer of strategic goods, software, services, and technology to strategic rivals and their proxies)

- export control enforcement policies and practices and enforcement mechanisms to incentivize compliance by foreign countries, including appropriate trade and national security measures

- unfair trade practices by other countries and appropriate remedial actions under applicable authorities

- the U.S.-Mexico-Canada Agreement (which will be subject to a trilateral review in 2026), including its impact on U.S. workers, farmers, ranchers, service providers, and other businesses and recommendations on the U.S.’ continued participation in the USMCA (though press reports cited Trump as saying additional 25 percent tariffs could be imposed on imports from Canada and Mexico as of Feb. 1)

- existing U.S. trade agreements and sectoral trade agreements and any revisions necessary to achieve or maintain a general level of reciprocal and mutually advantageous concessions with respect to partner countries

- countries with which the U.S. can negotiate bilateral or sector-specific agreements to obtain export market access

- policies and regulations regarding the application of antidumping and countervailing duty laws, including with regard to transnational subsidies, cost adjustments, affiliations, and zeroing

- the potential expansion of controls on information and communication technology and services transactions to connected products other than vehicles

Copyright © 2025 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

Practice Areas

ST&R: International Trade Law & Policy

Since 1977, we have set the standard for international trade lawyers and consultants, providing comprehensive and effective customs, import and export services to clients worldwide.

View Our Services 

Close

Cookie Consent

We have updated our Privacy Policy relating to our use of cookies on our website and the sharing of information. By continuing to use our website or subscribe to our publications, you agree to the Privacy Policy and Terms & Conditions.