Executive Order 14289: Addressing Certain Tariffs on Imported Articles
President: Donald J. Trump
Established non-stacking rules where the same article was covered by automobile, steel, aluminum, Canadian or Mexican additional tariffs.
Status: Partly revoked. The surviving non-stacking framework is amended, not the original unchanged tariff schedule. Proclamation 10947, clause 5; EO 14389, sections 1–2.
Is Executive Order 14289 still in effect? Partly. The section 232 non-stacking framework survives as amended, including Proclamation 10947’s June 4, 2025 priority change and Proclamation 10984’s later vehicle clarification. The Canadian and Mexican IEEPA duties referenced in the original hierarchy no longer operate: the Supreme Court rejected IEEPA tariff authority in Learning Resources, Inc. v. Trump on February 20, 2026, and EO 14389 ended those duties that day. This does not preserve every historical rate, product scope or filing instruction. Supreme Court holding and judgments; Later vehicle rule, clause 9.
What does Executive Order 14289 do?
EO 14289 changed how five specified additional-tariff programs interacted when they covered the same imported article. It did not set one new universal tariff or abolish the underlying programs. Section 2 covered the automobile-and-parts proclamation, the Canadian and Mexican drug-related IEEPA orders, and the steel and aluminum proclamations with their amendments. The President’s stated reason was to avoid cumulative charges exceeding his policy goals. Original sections 1–2.
Reading the operative provisions of Executive Order 14289
Under the original section 3(a), an article subject to the automobile tariff did not also incur the four other listed additional tariffs. An article subject to the Canadian or Mexican IEEPA tariff did not also incur the listed steel or aluminum tariffs. Steel and aluminum duties could both apply when the article met the conditions for each. Section 3(c) and section 4 preserved charges outside that list, including ordinary tariff-schedule duties, section 301 duties and antidumping or countervailing duties. The original text also preserved the then-applicable China IEEPA duties; those later ended under EO 14389. Original hierarchy and limits; Later IEEPA termination.
A consequential amendment took effect on June 4, 2025, at 12:01 a.m. eastern daylight time. Proclamation 10947 clause 5 reversed the relationship between the steel/aluminum tariffs and the Canadian/Mexican IEEPA tariffs: covered steel or aluminum articles would not additionally incur those IEEPA tariffs. The automobile priority remained distinct. CBP’s June 3 bulletin implemented this revised hierarchy, but its rates, metal-content calculations and definition of being subject to a tariff are dated guidance, not a permanent current-rate calculator. Signed amendment to section 3(a)(ii); CBP’s dated implementation.
Proclamation 10984, signed October 17, 2025, then extended the automobile-style stacking treatment to its covered medium- and heavy-duty vehicles, parts and buses. Clause 9 clarified that a product remains subject to those vehicle proclamations for EO 14289 purposes even when no tariff is payable because of USMCA qualification, an offset or specified agreement-related reductions. Applying the earlier bulletin’s simple more-than-zero test without that later clarification can therefore produce the wrong result. Clause 9 and November 1 entry date.
The Supreme Court’s February 20, 2026 ruling and EO 14389 ended the listed IEEPA additional duties, not the section 232 vehicle-and-metals programs. Later metal proclamations also changed the underlying schedules: the April 2, 2026 action applied covered metal duties to full customs value from April 6; the June 1 action made further product-list and rate changes from June 8. The surviving coordination framework must be read with the rules for the specific article and entry date, rather than freezing June 2025 rates or metal-content calculations. Termination limited to IEEPA duties; April changes, clauses 1–5; June changes, clauses 1–4.
Before and after
Before the order
Before this coordination rule, the listed actions could place multiple additional tariffs on the same article. The order’s purpose section identified cumulative charges as the problem; it did not establish that every imported product actually incurred every listed duty.
After the order
After the original order, classification within the five specified programs determined which listed duties could combine. The June 4 amendment changed one priority; the later vehicle clarification changed the treatment of some zero-payable vehicle entries. The end of the IEEPA duties narrowed the operative combinations without turning the remaining imports duty-free. Original rules; Priority amendment; Vehicle clarification; Later termination.
For historical overpayments, the May 20, 2025 CBP notice allowed requests starting May 16: a post-summary correction for an unliquidated entry, or a protest under 19 U.S.C. 1514 for a liquidated entry whose protest period had not expired. The order’s retroactive reach to March 4 did not make every tariff program effective on March 4; the notice’s annex uses the relevant program dates, including April 3 for covered vehicles and May 3 for covered parts. This is not an automatic refund promise or a claim that every older entry remains open today. Refund conditions and annex A–F.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Homeland Security Secretary | Lead implementation through CBP; consult Treasury on guidance, systems, enforcement and inconsistent regulations. Determine necessary HTSUS changes and coordinate with the USITC Chair; sections 5(a)–(d). | Necessary HTSUS changes by May 16, 2025, at 12:01 a.m. eastern daylight time. Covered original relief reaches applicable entries from March 4, subject to program-specific dates. |
| Commissioner of U.S. Customs and Border Protection | Carry out DHS implementation through customs guidance, entry systems and enforcement; administer any refunds under applicable law and standard procedures; sections 5(a) and 5(d). | Operational changes within the May 16 HTSUS deadline; refund availability follows entry status and lawful procedures, not an automatic payment date. |
| Treasury Secretary | Consult on DHS implementation and coordinate on Commerce/DHS guidance; sections 5(a)–(b). | As implementation requires; no separate numerical reporting deadline. |
| Commerce Secretary | Jointly with DHS, provide additional guidance as necessary, coordinating with Treasury and USTR; section 5(b). | As necessary; not assigned every customs-system change or an independent fixed report clock. |
| United States Trade Representative | Coordinate with Commerce and DHS on additional interpretive guidance; section 5(b). | As necessary; consultation/coordination role, not sole customs collection authority. |
| Chair of the U.S. International Trade Commission | Coordinate with DHS to implement necessary HTSUS changes; section 5(c). | As needed to execute the order, subject to the May 16 schedule-change deadline in section 5(d). |
Original signed assignments, section 5. These are the original actor roles, not proof that each consultation occurred. OMB’s general savings clause is not a new substantive assignment. The May 20 official notice documents actual tariff-schedule and refund implementation, with May 16 operation distinguished from publication. Dated implementation notice.
What happened next
EO 14289 signed.
The original signed order was published in the Federal Register, after its April 29 signing. Official publication.
The original HTSUS implementation took effect at 12:01 a.m. eastern daylight time; requests for qualifying refunds could begin. Dates and request conditions.
CBP’s official implementation notice was published, separately identifying its May 16 operation and program-specific retroactive entry dates. Published notice and annex.
Proclamation 10947 revised section 3(a)(ii), and CBP issued updated stacking guidance that day. Dated agency bulletin.
The steel/aluminum versus Canada/Mexico IEEPA priority reversal applied to covered entries from 12:01 a.m. eastern daylight time. Clause 5 effective provision.
Proclamation 10984 extended vehicle-style stacking treatment and clarified when covered products remain subject to the vehicle measures. Clause 9.
Proclamation 10984’s covered-entry framework began at 12:01 a.m. eastern daylight time. Clause 1.
Supreme Court held that IEEPA does not authorize presidential tariffs; EO 14389 ended the listed IEEPA duties.
The April 2 metal proclamation’s full-customs-value changes applied to covered entries, so the June 2025 metal-content guidance is not a current universal calculation. Clauses 1–5.
The June 1 metal proclamation’s further product-list and rate changes applied to covered entries. Clauses 1–4.
A separate temporary section 122 surcharge operated under the Trade Act.
Current position checked against the judgment and later presidential action.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
The original preamble invoked IEEPA, the National Emergencies Act, Trade Act section 604, Trade Expansion Act section 232 and 3 U.S.C. 301. This order coordinated specified duties rather than treating every tariff as a single exercise of the same statute. Section 6 requires lawful implementation subject to appropriations and creates no privately enforceable right or benefit. Preamble and section 6.
Learning Resources held that IEEPA does not authorize presidential tariffs. The Supreme Court affirmed the Federal Circuit judgment in No. 25–250, but vacated the D.C. district court judgment in No. 24–1287 and directed dismissal for lack of jurisdiction. That is not a holding striking down every section 232 action. EO 14389 section 2(d) separately preserved non-IEEPA duties. The Partly revoked label describes the ended IEEPA branch alongside the surviving, amended coordination rules, not a judicial judgment affirming every later product rate or refund claim. Majority holding and final dispositions, pages 254–255; Termination and preserved duties.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- EO 14289 — full original signed assignments and hierarchy
- CBP — May 20, 2025 published implementation, entry dates and refund conditions
- Proclamation 10947 — signed June 3, 2025, clause 5 priority amendment
- CBP — June 3, 2025 implementation of the amended priority
- Proclamation 10984 — October 17, 2025, clause 9 vehicle clarification
- EO 14389 — February 20, 2026, ended IEEPA duties and preserved other measures
- White House — April 2, 2026 metal proclamation and April 6 entry changes
- White House — June 1, 2026 metal proclamation and June 8 entry changes
How we checked this
Last checked against the sources above on September 9, 2026. How we research →
Additional evidence review: October 17, 2026. Compared the original hierarchy and agency assignments, the June 2025 amendment, dated CBP implementation, the later vehicle clarification and the 2026 IEEPA termination and metal changes. The reviewed records do not establish that every consultation occurred, determine an individual entry or refund, or resolve every later tariff dispute.