Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

On 2 April 2026 President Trump issued a Presidential Proclamation under Section 232 of the Trade Expansion Act of 1962 ("Adjusting Imports of Pharmaceuticals and Pharmaceutical Ingredients into the United States") imposing a 100% ad valorem tariff on imports of patented pharmaceutical products listed in the FDA Orange Book and Purple Book, together with the active pharmaceutical ingredients (APIs) and key starting materials used to make them. The base rate takes effect at 12:01 a.m. EDT on 31 July 2026 for the 17 manufacturers identified in Annex III, and on 29 September 2026 for all other companies. The proclamation adopts findings of the Section 232 investigation initiated by the Department of Commerce on 14 April 2025 into pharmaceuticals and APIs as a national- security supply-chain risk. The instrument is structured around a multi-tier rate ladder rather than a flat tariff: concessionary 15% rates for EU/Japan/South Korea/Switzerland/Liechtenstein under reciprocal-deal tracks, 10% for the UK with a pathway to 0% under the pending UK pharmaceutical agreement, a "+20%" surcharge for companies operating under a Commerce-approved onshoring plan (until 2 April 2030), and a 0% pathway for companies that combine an approved onshoring plan with an MFN-pricing agreement with HHS (until 20 January 2029). Generics, biosimilars and their ingredients, orphan drugs, nuclear medicines, plasma-derived therapies, fertility treatments, and cell/gene therapies are carved out.

The US Department of Commerce published its final affirmative determination of sales at less-than-fair-value in the antidumping investigation of animal feed-grade L-lysine (lysine) from China (case A-570-215) on 23 July 2026, following a preliminary determination published 6 March 2026 (91 FR 11030). Commerce found a China-wide weighted-average dumping margin of 139.83% (cash deposit rate 139.65% after subsidy-offset adjustment), based on adverse facts available after Commerce found Zhengzhou Longgu Trading Co., the sole company with a calculated margin, and the Eppen Group group of producers/exporters uncooperative and ineligible for a separate rate in the final determination. A group of separate-rate companies — including Anhui BBCA Biochemical, Heilongjiang Wanlirunda Biotechnology, and others exporting through trading intermediaries such as Agromate Sg, Ainore (Tianjin), and Aollen Biotech — received a 73.55% dumping margin (73.37% cash deposit rate). The order covers lysine regardless of form (HCl, sulfate, liquid) under HTSUS 2922.41.0090 and related subheadings. A companion countervailing-duty investigation (preliminary 22 January 2026, 91 FR 2745) was finalized the same day; suspension of liquidation runs from 6 March 2026, with a final AD order contingent on an ITC injury determination due within 45 days of the final LTFV finding.

The US Department of Commerce published its final affirmative countervailing-duty (CVD) determination on animal feed-grade L-lysine from China (case C-570-216) on 23 July 2026, the companion subsidy proceeding to the parallel antidumping case (A-570-215) finalized the same day. Commerce found Heilongjiang Wanlirunda Biotechnology Co., Ltd. and Shouguang Golden-land Industry & Trading Co., Ltd. received countervailable subsidies at 82.11%, while Inner Mongolia Eppen Biotech Co., Ltd. and all other Chinese producers/exporters were assigned a 48.21% subsidy rate. The preliminary CVD determination, published 22 January 2026, set the initial cash-deposit rates and suspension of liquidation; the final determination confirmed and aligned the case with the AD final determination for a joint ITC injury vote.

On 13 November 2025, the United States and the Republic of Korea released a Joint Fact Sheet reaffirming the July 2025 announcement of the Korea Strategic Trade and Investment Deal — the first standalone US-Korea trade-and-investment agreement since the 2012 KORUS FTA. USTR issued the implementing Federal Register notice (90 FR 55964, Notice 2025-21940) on 3 December 2025, effective 4 December 2025, with retroactive HTSUS application to 1 November 2025 for autos and auto parts and to 14 November 2025 for reciprocal-tariff goods, timber, lumber, derivatives, and certain aircraft and aircraft parts. On the US tariff side: (i) the country-specific IEEPA reciprocal tariff on Korean originating goods is set at the higher of the KORUS FTA / MFN rate or 15% (parallel to the Japan and EU framework deals); (ii) the Section 232 tariffs on autos, auto parts, timber, lumber and wood derivatives are reduced to 15% (no incremental duty when the pre-existing KORUS/MFN rate already meets or exceeds 15%); (iii) Korean exports of qualifying goods on the Potential Tariff Adjustments for Aligned Partners (PTAAP) list are exempt from reciprocal tariffs (covering generic pharmaceuticals and unavailable natural resources); (iv) Section 232 pharmaceuticals capped at 15%; semiconductors granted MFN-style "no less favourable" treatment in any future sectoral deal. On the investment side, Korea commits to a USD 350bn package: USD 150bn into US shipbuilding ("Approved Investments") plus USD 200bn into US strategic industries via a separate Strategic Investments MOU, with annual currency-funding cap of USD 20bn. Non-tariff commitments include streamlined US biotech approvals on the Korean side, US meat and cheese market access, fair treatment for US digital services, removal of Korea's 50,000-unit cap on US vehicles meeting FMVSS, and joint WTO support for the moratorium on customs duties on electronic transmissions.

The Tariff Act of 1930 (Pub. L. 71-361, 46 Stat. 590, codified principally at 19 U.S.C. Chapter 4) is the foundational US statute governing customs revenue, tariff classification, and trade-remedy administration, signed by President Hoover on 17 June 1930. The Act's original Smoot-Hawley tariff schedules are widely cited as a contributing factor to the contraction of global trade during the Great Depression, but the statute's enduring significance lies in its creation of (i) the Title VII antidumping (AD) and countervailing duty (CVD) proceedings framework administered jointly by Commerce ITA and the USITC — the parent authority for every US AD/CVD order in force today — and (ii) Section 337 (19 U.S.C. §1337), the USITC unfair-import and IP-exclusion-order regime under which ~50+ active investigations are conducted annually against semiconductor, biotech, electronics, and other technology imports. Title I's customs-valuation and HTSUS tariff- classification framework underpins all US import-revenue collection; Title VII AD/CVD authority was updated by the GATT Tokyo Round Trade Agreements Act of 1979 and the Uruguay Round Agreements Act of 1994 (URAA) to align with WTO Antidumping and Subsidies Agreements.