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“… During the first Trump administration, there was a formal process for seeking an exemption from tariffs. Companies submitted hundreds of thousands of applications making the case for why their products should be spared. The applications were public, so the machinery of the tariff crafting process could be more closely examined. Such transparency allowed academics to subsequently analyze thousands of the applications and determine that political donors to Republicans were more likely to be granted exemptions.
In Trump’s second term, at least thus far, there has not been a formal application process for tariff carve-outs. Industry executives and lobbyists are making their case behind closed doors. The Wall Street Journal’s editorial board last week called “the opacity of the process” for getting an exemption “the Beltway Swamp’s dream.”
In the executive order formalizing Trump’s new tariffs, including baseline 10% tariffs for almost all countries, exemptions were broadly defined as products in the pharmaceutical, semiconductor, lumber, copper, critical minerals and energy sectors. An accompanying list detailed the specific products that would be spared.
But a ProPublica review of that list found many items that don’t fit neatly, or at all, in those broad categories, and some items that fall squarely within the categories were not spared.
The White House exclusions list, for example, included most types of asbestos, which is not generally considered a critical mineral and doesn’t seem to fit in any of the exempted categories.
The cancer-causing mineral, which is not generally considered critical to national security or the U.S. economy, is still used to make chlorine, but the Biden administration’s Environmental Protection Agency banned imports of the material last year. The Trump administration has signaled it may roll back some of those Biden-era restrictions. …”