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November 21, 2025 | 8:30 AM – 9:30 AM ET
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Articles + Publications September 29, 2025
On September 4, President Donald Trump signed the executive order “Implementing the United States-Japan Agreement” (the Agreement), which clarifies the bilateral trade agreement framework announced on July 23.
Key Provisions of the Agreement
The Agreement applies a baseline 15% “reciprocal” tariff rate for most Japanese imports. If a product’s rate is already set at 15% or more by the Harmonized Tariff Schedule of the United States (HTSUS), then no reciprocal duty will apply.
Special treatment is applied to several product categories under the Agreement. Manned civil aircraft and related parts and components will be exempt from the 15% reciprocal tariff rate (as outlined in Executive Order 14257); and from the Section 232 sectoral tariffs (as outlined in Proclamations 9704 (aluminum), 9705 (steel), and 10962 (copper)).
Previously, passenger vehicles, light trucks, and specific automotive parts, including those imported from Japan, were subject to an additional 25% tariff under Section 232, pursuant to Proclamation 10908 (discussed in detail here). With the Agreement, these products will be assessed a 15% tariff rate.
Other goods will be subject to a preferential zero percent reciprocal duty. These include generic pharmaceuticals and their ingredients and chemical precursors, as well as “natural resources that are not naturally available or produced in the United States.” This aligns with the executive order released by President Trump on September 5 (discussed more in detail here), which established procedures for implementing trade agreements, including provisions establishing a zero percent reciprocal tariff on certain goods, including “products that cannot be grown, mined, or naturally produced in the United States or grown, mined, or naturally produced in sufficient quantities in the United States to satisfy domestic demand; . . . and non-patented articles for use in pharmaceutical applications.” The September 5 executive order included a list of more than 1,900 products potentially eligible for country-based tariff exemptions or reductions (potentially to zero).
The Agreement’s provisions will be applied retroactively to goods that were entered for consumption or withdrawn from a warehouse for consumption on or after 12:01 a.m. ET on August 7.
Bilateral Commitments and Economic Exchange
The Agreement states that “the Government of Japan has agreed to invest $550 billion in the United States. These investments . . . will be selected by the United States Government.”
In addition, Japan, according to the Agreement, “will provide American manufacturing, aerospace, agriculture, food, energy, automobile, and industrial goods producers with breakthrough openings in market access across key sectors.”
Japan has also committed to purchase U.S.-made commercial aircraft and defense equipment and is “working to accept for sale in Japan” U.S.-manufactured and U.S. safety-certified passenger vehicles without additional testing.
Regulatory Guidance
In light of the retroactive effect of the Agreement, U.S. Customs and Border Protection (CBP) issued interim guidance on September 5, emphasizing that products entered for consumption or withdrawn from a warehouse for consumption on or after 12:01 a.m. ET on August 7 are eligible for refunds pursuant to the protest or correction process overseen by CBP. However, the interim guidance advises the trade community not to file any protest or correction for these products until further instructions are provided.
On September 16, the International Trade Administration released its regulatory notice to implement necessary modifications to the HTSUS to reflect the changes to be made pursuant to the Agreement.
Moving Forward
With pending litigation surrounding tariffs (discussed in detail here and here), which has been accepted for review by the Supreme Court and is scheduled for oral arguments in November, stakeholders should continue to watch for changes in tariff policy.
Troutman Pepper Locke will continue to monitor CBP guidance and developments related to the Agreement, as well as other international trade developments. For questions about compliance or the impact of these changes on your business, please contact our team.
Speaking Engagements
Georgetown Law 2025 Advanced eDiscovery Institute
November 21, 2025 | 8:30 AM – 9:30 AM ET
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                            November 19, 2025  |  3:30 PM – 7:00 PM ET
                            
                                                                    
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Speaking Engagements
Restructuring in the Age of Artificial Intelligence
                            November 17, 2025  |  1:30 PM – 2:30 PM ET
                            
                                                                    
Offices of CohnReznick                                
                                                                    
New York, NY                                
                                                    
Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.