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‘Unfair Trade� Focus

Implementation of the “America First Trade Policyâ€�, including evaluation of Ìýtariffs and other measures, trade policies/practices/agreements, and export/import controls on sector-specific, country specific, and/or tech related levels

Focus to include:

• Identification of, and recommendations to remedy, any unfair trade practices
• Identification of countries with which to negotiate agreements to obtain export market access
• Review of policies and regulations regarding the application of antidumping and countervailing duty (AD/CVD) laws, including with regard to transnational subsidies, cost adjustments, affiliations, and “zeroing.â€�
• Potential tariff modifications related to supply chains and circumvention of controls through third countries
• Review of currency exchange rate policies that give unfair competitive advantage to trading partners

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Enforcement

Potential for increased enforcement in areas deemed “unfair� to US interests

“Those who violate the law or import dangerous goods from abroad should be on notice: this Commission is focused and resolved to enforce our statutes.�

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State Activity

Potential for increasing divergence between federal government and patchwork of state laws (e.g., food date labeling - potential for federal standard via USDA/FDA and state laws (e.g., California, Massachusetts))

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Global Pullback

Reassessment of trade agreements including the:

• United States-Mexico-Canada Agreement (USMCA)
• World Trade Organization Agreement on Government ProcurementÌý

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Withdrawal from Organization for Economic Co-operation and Development Global Tax Deal agreement on corporate taxes

Use of Tariffs, Sanctions, and/or Bans

Continued/expanded use of tariffs, sanctions and/or bans inclusive of product-specific, sector-specific and tech-related

Identified areas may include: technologies (e.g., IP, connected products); export policies (e.g., preventing circumvention of controls through supply chains and third countries); anti-dumping/countervailing duty laws; requirements for trade “balance� and reciprocity.

White House Actions, and

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Execution of tariffs/duties on specific countries (e.g., China) and sectors (e.g., steel, aluminum)

White House Actions, , , and

Incoming leadership (Commerce Secretary nominee) advocates “country-by-country�, “across-the-board� tariffs as a means to establish reciprocity

Incoming leadership (US Trade Representative nominee) advocates reviewing “rules of origin� with regard to third countries inadvertently benefitting/free-riding from agreements with trading partners

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De Minimis Exemption

Potential modification to the duty-free de minimis exemption

White House Actions, and

Competition

Re-consideration to “early termination� waiting periods on deals, as well as options (divestitures, etc.) and factors used in competition analysis

Potential re-consideration of DOJ/FTC Merger Guidelines, including market-share and concentration thresholds for finding transactions anti-competitive

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Crypto/Digital Assets

Implementation of Executive Order on strengthening American leadership in digital financial technology

Launch of a Crypto Task Force dedicated to developing “a comprehensive and clear regulatory framework for crypto assets�

Adoption of a more flexible approach to innovation and technology, including digital assets and tokenization, and fintech partnerships (e.g., payments providers)

AI

Implementation of Executive Order on Removing Barriers to American Leadership in AI

Naming of Special Advisor for AI and Crypto with responsibilities for overseeing regulatory frameworks, collaboration with officials and stakeholders, including PCAST, and alignment of AI priorities with administration policies

Development of a new Artificial Intelligence Action Plan by July 22, 2025

White House Actions and

Misbrand/Mislabel/ Unsubstantiated Claims

Expect shifting focus on specific set of products within incoming leadership including HHS, FDA, USDA (e.g., dietary supplements, ultra-processed foods, front-of-package (FOP) nutrition labeling, date labeling)

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