ARTICLE
22 April 2025

Understanding The 90-Day Pause In US Tariff Policy

C
Caldwell

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Caldwell is a premier global law firm at the forefront of innovation and legal excellence delivering best-in class intellectual property, litigation, and corporate advice. The firm is a trusted legal partner for forward-thinking, high-growth companies, ranging from well-known venture capital funds to unicorns to listed corporates in Asia and the US, which seek truly strategic legal counsel.
In a significant shift in American trade policy, President Donald Trump announced a 90-day pause on certain tariffs imposed on international trading partners, excluding China.
Worldwide International Law

In a significant shift in American trade policy, President Donald Trump announced a 90-day pause on certain tariffs imposed on international trading partners, excluding China. This decision follows a tumultuous period of tariff announcements and reversals that have impacted global markets and trade relations.

Background and Context

On April 2, President Trump introduced a series of reciprocal tariffs aimed at various countries, which led to significant global market volatility and economic concerns. In response to these developments, Trump declared a pause on April 9, reducing tariffs for most countries to a uniform 10% rate, while maintaining and increasing tariffs on China.

Key Elements of the Tariff Pause

  1. Uniform Tariff Rate: The pause involves setting a baseline tariff of 10% on imports from nearly all countries, including major trading partners like the European Union, Japan, and South Korea. This move replaces higher tariffs that were previously announced for these regions, such as a 46% tariff on Vietnam and a 20% tariff on the EU 1, 2.
  2. Exceptions and Exclusions: Certain products, including pharmaceuticals and microchips, are exempt from these tariffs. Additionally, countries with existing free trade agreements, such as Australia and South Korea, will also face the new 10% tariff, marking a disruption in their previously tariff-free trade relations with the US 1, 2.
  3. China's Unique Situation: Unlike other countries, China faces an increased tariff rate of 145% on its imports to the US. This decision reflects ongoing tensions and trade disputes between the two nations. However, as of today, it is unclear if such a tariff is the reciprocal tariff rate, a rate that replaces all rates, or something else. China has retaliated by imposing tariffs on US goods, further escalating the trade conflict 3, 4.

Country of Origin Vs. Country of Export.

Tariff exposure is based on the product's country of origin, not the country of export. Therefore, if a product's country of origin is China and it is exported from Mexico, the product will still be subject to the 34% reciprocal tariff on China, even though Mexico is currently exempted from the reciprocal tariffs. Determining a product's origin can be straightforward when it is wholly grown, manufactured, or assembled in a single country. However, in today's global supply chains, products often include components from multiple countries, making the analysis much more complex. Rules of origin vary significantly across trade agreements and can differ even between product categories. Because of this variability, accurately determining the country of origin requires a case-by-case assessment, taking into account the specific product, its components, and the relevant legal framework. This step is critical to ensure compliance and manage tariff exposure effectively.

Implications and Reactions

  • Global Market Response: The announcement of the tariff pause led to a rally in stock markets, as investors welcomed the temporary relief from heightened trade tensions. However, uncertainty remains about the long-term implications of these policies 5, 6.
  • International Reactions: The European Union has delayed its retaliatory tariffs in response to the US pause, indicating a willingness to engage in negotiations. Other countries, like Germany, view the move as a response to European determination to counter US trade policies 6, 4.
  • China's Retaliation: China's decision to increase tariffs on US goods reflects the escalating trade conflict between the two nations. This ongoing dispute has significant implications for global economic stability and trade relations 4, 7.

Strategic Considerations

The pause is seen by some as a strategic move to facilitate negotiations and potentially lower trade barriers. White House officials have emphasized that the pause was planned to encourage other nations to engage in trade talks without retaliating against the US 5, 8.

However, critics argue that the abrupt reversal and ongoing tensions with China create uncertainty and confusion in international trade. The pause may provide temporary relief but does not resolve the underlying issues driving trade conflicts 6, 7.

In conclusion, the 90-day pause on US tariffs represents a complex and evolving situation in global trade, with both immediate relief and long-term uncertainty for international markets and economies.

Footnotes

1. Chu, B. (2025, April 10). What does Trump's tariff pause mean for global trade? BBC. https://www.bbc.com/news/articles/cz95589ey9yo

2. Mangan, D. (2025, April 9). Trump's tariffs launch a global trade war with no clear off-ramp: Live updates. CNBC. https://www.cnbc.com/2025/04/09/trump-tariffs-live-updates.html

3. Trump tariffs live updates: China Hits Back, hikes tariffs on us goods to 125% from 84%. Yahoo! (2025, April 11). https://finance.yahoo.com/news/live/trump-tariffs-live-updates-china-hits-back-hikes-tariffs-on-us-goods-to-125-from-84-191201925.html

4. Bowden, J., & Feinberg, A. (2025, April 10). Trump backtracks on tariffs with 90-day pause while hiking duties on China to 125%. The Independent. https://www.independent.co.uk/news/world/americas/us-politics/trump-tariffs-china-pause-b2730446.html

5. Jeyaretnam, M. (2025, April 10). How the world is reacting to Trump's tariff reversal. Time. https://time.com/7276293/trump-tariffs-reversal-world-leaders-countries-responses-uncertainty-trade-war/

6. Rossiter, E., & Hancock, S. (2025, April 9). US pauses higher tariffs for most countries but hits China harder. BBC. https://www.bbc.co.uk/news/articles/c5y66qe404po

7. Buchwald, E., & Liptak, K. (2025, April 9). Trump announces 90-day pause on "reciprocal" tariffs with exception of China. CNN. https://edition.cnn.com/2025/04/09/business/reciprocal-tariff-pause-trump/index.html

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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