President Trump issued a memorandum directing the US Trade Representative (“USTR”) and Secretary of Commerce to investigate alleged harm from non-reciprocal trade measures by trade partners and to issue recommendations based on their investigation. The memorandum argues that a range of tariff and non-tariff measures maintained by various countries have contributed to unfair and unbalanced trade and harmed the United States. Non-tariff measures specifically identified in the memorandum as being unfair and harmful to the United States include:
- Extraterritorial taxes, including value-added taxes;
- Subsidies and burdensome regulatory requirements;
- Exchange rates;
- Sanitary and phytosanitary measures;
- Technical barriers to trade;
- Government procurement; and
- Anti-competitive conduct of state-owned or private firms.
The memorandum directs USTR and the Secretary of Commerce to consult with relevant agencies that were directed to conduct investigations under the January 20, 2025, America First Trade Policy memorandum that are due to the President by April 1, 2025. The memorandum does not set a deadline for USTR’s and the Secretary of Commerce’s report and recommendations on the reciprocal tariff plan. Administration officials have stated that reciprocal tariffs on imports from trading partner countries could begin by April 2nd.
