On November 14, 2025, President Donald Trump issued an executive order exempting various agricultural products from the reciprocal tariff regime established under the International Emergency Economic Powers Act (“IEEPA”). Listed in Annex I of the executive order by their tariff codes within the Harmonized Tariff Schedule of the United States (“HTSUS”), these agricultural products include coffee and tea, tropical fruits and fruit juices, cocoa and spices, bananas, oranges, tomatoes, and beef. According to a White House Fact Sheet published concurrently with the executive order, these goods were appropriate for exemption because many “are not grown or produced in sufficient quantities in the United States.” These exemptions took effect on November 13, 2025.

President Trump initiated the reciprocal tariff regime on April 2, 2025, through Executive Order (“EO”) 14257 (see Update of April 3, 2025). Although the regime imposed new tariffs, it also included carve-outs in Annex II, which had been modified only once before: On September 5, 2025, the President issued EO 14346, which amended Annex II to EO 14257 by adding and removing several HTSUS codes from the scope of the reciprocal tariff regime, effective September 8, 2025 (see Update of September 12, 2025).

The reciprocal tariff regime imposes a 10% baseline tariff on all imports, along with additional country-specific rates for major U.S. trading partners to address persistent trade-in-goods deficits. The legality of invoking IEEPA to impose the reciprocal tariff regime is currently under review by the U.S. Supreme Court, with a decision expected soon (see Update of November 7, 2025).

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Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.