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(b) Within 7 days of the date of publication of this order in the Federal Register, the Secretary, in consultation with the Chair of the ITC and the Commissioner of CBP, shall publish a notice in the Federal Register modifying the HTSUS consistent with this section.
(c) The Secretary may issue rules, regulations, guidance, and procedures to carry out the provisions of this section, including rules for determining whether automobiles and automobile parts are "products of Japan" for purposes of this section.
Sec. 5. Products Not Subject to Reciprocal Tariffs. (a) To implement the terms of the Agreement, the Secretary is authorized to modify the reciprocal tariff rate imposed under Executive Order 14257, as amended, to zero percent for products of Japan that are natural resources unavailable (or unavailable at sufficient scale to satisfy domestic demand) in the United States, generic pharmaceuticals, generic pharmaceutical ingredients, and generic pharmaceutical chemical precursors.
(b) In determining when and for which products to modify the reciprocal tariff rate to zero percent, the Secretary shall act in a manner consistent with the national interests of the United States; the purposes of this order; the need to deal with the national emergency declared in Executive Order 14257, as amended; and the need to reduce or eliminate the threats to national security that I found pursuant to section 232. The Secretary shall also consider factors he deems appropriate, including the scope and nature of the commitments of the Government of Japan under the Agreement; the scope and nature of the commitments of the United States under the Agreement; the actions taken by the Government of Japan to implement its commitments under the Agreement; and the actions taken by the United States to implement its commitments under the Agreement.
Sec. 6. Monitoring and Modifications. (a) The Secretary shall monitor the progress of Japan's implementation of its commitments under the Agreement and shall, from time to time, update me on the status of Japan's implementation.
(b) Should Japan fail to implement its commitments under the Agreement, I may modify this order as necessary to deal with the emergency declared in Executive Order 14257, as amended, and to reduce or eliminate the threats to national security found in Proclamation 9704, as amended; Proclamation 9705, as amended; Proclamation 9888, as amended; and Proclamation 10962.
Sec. 7. Delegation. (a) Consistent with applicable law, the Secretary and the Secretary of Homeland Security are directed and authorized to take all necessary actions to implement and effectuate this order -- including through temporary suspension or amendment of regulations or through notices in the Federal Register and by adopting rules, regulations, or guidance -- and to employ all powers granted to the President, including those granted by IEEPA and section 232, as may be necessary to implement and effectuate this order.
(b) The Secretary of Homeland Security, in consultation with the Chair of the ITC, shall determine whether additional modifications to the HTSUS are necessary to effectuate this order and may make such modifications through notice in the Federal Register. The Secretary of Homeland Security shall consult with any senior officials she deems appropriate.
(c) Consistent with applicable law, the Secretary and the Secretary of Homeland Security may, consistent with applicable law, redelegate any of these functions within their respective department or agency.
(d) All executive departments and agencies shall take all appropriate measures within their authority to implement this order.
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