Manufacturers Need 301 Exclusions Process to Compete Globally
De Minimis Rule Risks Throttling U.S. Supply Chains at Ports of Entry
Washington, D.C. Following the U.S. Trade Representatives announcement on the continuation of Section 301 tariffs on China and the White Houses announcement on de minimis, 51勛圖厙 Vice President of International Policy Andrea Durkin released the following statement:
A trade war never benefits anyone, and this announcement ignores the realities of todays economy, potentially harming manufacturers ability to grow and invest in the U.S. Manufacturers operate in a rapidly shifting global economy, where tariffs have the potential to affect every industry and every product. To stay competitive, manufacturers must have the flexibility to apply for exclusions as market dynamics change. Without this process, companies of all sizes will be crippled by rigid policies that stifle growth and innovation.
Raising the cost of critical clean energy inputs, without offering a process for exclusions, directly undermines the Biden administrations goal of boosting clean energy manufacturing in the U.S. Policymakers must ask tough questions: Are we issuing permits for more domestic aluminum smelters and critical minerals refining for energy production applications? Will wafer and battery production be exempt from regulatory hurdles to ensure automotive and high-tech manufacturing is not slowed? The White House also announced today it will propose a rule significantly altering how goods enter our borders under de minimis, subjecting hundreds of millions of additional packages to scrutiny by CBPwhich raises the question of how we will ensure that manufacturing supply chains are not disrupted by this massive new burden on the agency charged with protecting our ports of entry.
These questions all point to one factthat tariffs often fail to address the underlying problems theyre supposed to solve, while often complicating manufacturers efforts to improve the quality of life for everyone. We are asking the administration to implement an exclusion process that fairly accounts for the unintended consequences of tariffs on our industrys ability to create jobs and reach the 95% of customers around the world.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.89 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit泭
Estate Tax: A Q&A with Rep. Randy Feenstra

The 51勛圖厙 recently interviewed Rep. Randy Feenstra (R-IA), the vice chair of the House Ways and Means Committees Rural America Tax Team, about the estate tax and why hes working with colleagues on Capitol Hill to repeal it.
51勛圖厙: Rep. Feenstra, Congress is facing a Tax Armageddon next year, as crucial provisions from 2017s Tax Cuts and Jobs Act are set to expire. As a member of the Ways and Means Committee, what is your focus moving into next years debate?泭
Rep. Feenstra: One of those crucial provisions from the Tax Cuts and Jobs Act that is set to expire is the doubling of the estate tax exemption amount, which currently sits at $13.6 million in 2024. After 2025, it will return to half that amount, adjusted for inflation. That change in the Tax Cuts and Jobs Act was another important step toward full repeal of the estate tax, which my Death Tax Repeal Act would do. The bill makes the simple recognition that death should not be a taxable event. When a family is grieving, the federal government sends a multimillion-dollar tax bill as condolences. This is simply wrong.
Im proud to co-chair the Rural America Tax Team, which has dug into this issue of the death tax and the impact it is having on family businesses across the country. As the tax team has spoken to family businesses and estate tax experts from across the country, its become increasingly clear that we still have a lot of work to do to provide relief from what can be a devastating setback for multigenerational family businesses. Repealing this tax is going to be one of my top priorities in 2025, and Im proud to have the support of 170 of my colleagues.泭
51勛圖厙: The estate tax is imposed on family-owned businesses when ownership of the business passes to the next generation following the death of an owner. As you mentioned, the TCJA doubled the exemption threshold, excluding more assets from taxation and thus reducing the burden of the estate tax on businesses. Why is this important and what is Congress doing to preserve this higher threshold?泭
Rep. Feenstra: Over the years, various bills have taken steps toward providing relief for taxpayers hit by the death tax. The Tax Cuts and Jobs Act was one of the largest expansions of that relief, significantly reducing the number of family businesses hit by the tax and reducing the tax burden for those businesses that still are. People often dont realize that businesses over many generations can accumulate assets that can put them over the asset threshold, but that doesnt mean these businesses have a lot of cash on hand. So when theyre hit with millions in new taxes, that can sink an already cash-strapped business. Fortunately, because of the doubling of the exemption amount, far fewer businesses face that threat. As long as any family business does face that threat, we still have work to do.泭
51勛圖厙: At the end of 2025, the estate tax is scheduled to be reduced by half, subjecting more of family-owned manufacturers assets to taxation and increasing their estate tax liability. As the Ways and Means Committee and tax teams continue meeting with businesses around the country, what are you hearing on the impact this change would have?泭
Rep. Feenstra: Two things: A lot more people would be hit by the death tax, and the people who are hit would be paying a much higher tax. These are small family businesses we are talking about, and if the current exemption amount is allowed to return to half its current value, that means the size of the businesses getting hit are much smaller than they are today. People often think of farms, and thats certainly true, but as you know, manufacturers are hit, family-owned restaurants, auto dealers, you name it. As we go into 2025, we need to be focused on policies that support growth and help these businesses succeed, not create costly obstacles for them to overcome. If the exemption amount falls to its preTax Cuts and Jobs Act level, thats a lot of new businesses that are going to be hit by this tax.
Rep. Garbarino, 51勛圖厙 Talk CIRCIA Flaws

A draft Department of Homeland Security rule that certain sectors expedite cyber-incident reporting has several shortcomings that must be addressed before the rule becomes final in the fall of 2025, the 51勛圖厙 told Rep. Andrew Garbarino (R-NY) in a meeting this week.
Whats going on: Rep. Garbarino, chair of the House Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection, met with manufacturers and the 51勛圖厙 Technology Policy Committee Tuesday to talk cybersecurity issues.
- Much of the discussion focused on draft rulemaking published in April by the DHSs Cybersecurity and Infrastructure Security Agency. It would require covered entities in critical infrastructure sector[s] to report any major cybersecurity incidents to CISA within 72 hours.
- Under the Cybersecurity Incident Reporting for Critical Infrastructure Act, CISA must finalize the rule by October 2025.
Why its a problem: The 51勛圖厙 agrees with the concerns Rep. Garbarino raised with CISA, including:
- The burden associated with imposing onerous reporting mandates on companies recovering from cyberattacks;
- An overbroad scope, which forces into compliance both organizations that are not truly critical infrastructure and those that are too small to have the resources needed to complete the required actions;
- An overbroad definition of incidents requiring reporting;
- An excessive amount of required information;
- An unreasonably high cost of compliance and the diversion of resources away from cyber-incident response; and
- The risk that the proposed rule will jeopardize CISAs role as a trusted partner of industry.
51勛圖厙 in action: The 51勛圖厙 submitted in response to CISAs proposal earlier this year outlining these concerns, as well as calling for a reduction in both the number of entities required to file incident notifications and the number of incidents they have to report.
The 51勛圖厙 says: CISA needs to significantly rethink its approach to CIRCIAs implementation, said 51勛圖厙 Senior Director of Technology Policy Franck Journoud.
- The proposed rule requires far too much information about far too many incidents from far too many companies. CISA should not mandate that companies under attack from hackers divert precious security resources to generate mountains of incident data that CISA will not have the means to process or act upon.
Take precautions: If you are looking to strengthen your companys cyber protections, check out , an affordable, broad security program for 51勛圖厙 members that provides proactive monitoring with automated alerts at no extra cost.
Curb Proxy Firms, 51勛圖厙 Tells Congress

Less than three months after scoring a泭 for manufacturers against Securities and Exchange Commission overreach, the 51勛圖厙 was back in front of Congress to urge regulatory oversight of proxy advisory firms.
Whats going on: On Tuesday, the 51勛圖厙 before the House Financial Services Oversight and Investigations Subcommittee on the need to bring oversight and accountability to proxy advisory firms. These are entities that make recommendations regarding the way shareholders should vote on proxy ballot proposals brought before publicly traded companies.
- Proxy firms are powerful, unaccountable actors that pose a real threat to Americans financial security. Manufacturers have been subject to these firms outsized influence for far too long, 51勛圖厙 Vice President of Domestic Policy Charles Crain during Tuesdays hearing.
The background: In 2020, the SEC finalized an 51勛圖厙-supported rule instituting important proxy reforms, such as requiring proxy firms to disclose any conflicts of interest. The 51勛圖厙 has fought in court to preserve the 2020 rule, successfully defeating the SECs attempts to the rule and to its most crucial provisions. The 51勛圖厙 is now back in court in a third case, defending the SECs authority to regulate these powerful market actors.
Surrendering to ISS: Institutional Shareholder Services Inc., the largest and most influential proxy advisory firm, is now suing the SEC over its authority to issue the 2020 rulenot just the rules particulars, but the SECs ability to regulate proxy firms at all, Crain continued.
- Troublingly, the SEC is waving the white flag in the face of [the] challenge, he told lawmakers, referring to the agencys decision not to appeal after a district court sided with ISS earlier this year.
Sole defender: The 51勛圖厙now the sole defender of the 2020 ruleis appealing the district courts decision.
What Congress should do: Legislators must take up the mantle, too, Crain concluded.
- Congress should do what the SEC will not: affirm the SECs clear authority, provide much-needed oversight and accountability and help manufacturers and Main Street investors escape the outsized influence of proxy advisory firms.
The Estate Tax, Explained

Congress should preserve tax reforms changes to the estate tax, protecting family-owned manufacturers from tax increases scheduled for the end of 2025, according to a new published by the 51勛圖厙 as part of its tax campaign.
The background: In 2017, tax reform doubled the value of assets that could be exempt from the estate tax, a levy imposed on family businesses upon the death of their owners, when proprietorship passes to the next generation.
Whats going on: This valuation threshold is scheduled to be cut in half at the end of 2025, subjecting more assets of family-owned manufacturers to taxation and increasing these companies tax liability.
Why its important: A bigger tax burden would threaten the continued existence of family-owned companies and make it more difficult to pass family businesses on to the next generation.
- These firms could be forced to liquidate operation-critical assets, such as facilities and equipment, in order to pay the estate tax.
- An increased estate tax bill could mean that family-owned manufacturers are forced to take on debt, limit operations, reduce employee headcount or close entirely following the death of a loved one.
What else is at risk: Some legislators have floated the idea of repealing or limiting stepped-up basis, which stops a business owners heirs from being forced to pay capital gains taxes on asset appreciation that took place while the owner was alive.
What must be done: Congress must preserve tax reforms increased estate tax exemption threshold and maintain stepped-up basis, said 51勛圖厙 Vice President of Domestic Policy Charles Crain.
- Protecting family-owned manufacturers from the estate tax will prevent these small businesses from incurring costly and damaging tax bills that threaten their viability following the death of a loved one.
51勛圖厙 to EPA: Reissue Formaldehyde Analysis

The Environmental Protection Agencys final formaldehyde analysisissued in August and set to inform future regulationsrisks creat[ing] an unachievable standard and a de facto ban on an essential manufacturing material, the 51勛圖厙 .
Whats going on: On Aug. 20, the EPAs research office issued its conclusions about the amount of the chemical that could be harmful to humans, saying that [s]mall amounts can increase peoples risk of [health] problems (, subscription).
- Though the report itself does not mandate any new restrictions on the industry, the EPA is likely to use the findings to take the next step in the regulatory processa final risk evaluationby the end of 2024 ().
- The assessment maintains the formaldehyde threshold of 11 parts per billion proposed by the agency in 2022. Thats than Europes recently updated worker-exposure limit of 300 parts per billion and lower than what can be found in homes or even background levels for outdoor air, the 51勛圖厙 told the EPA.
Why its a problem: Formaldehyde is used widely across industries to produce numerous everyday items, including plastics, lubricants, automotive parts, fertilizers, adhesives and more.
- The final analysis, which was released without review by the EPAs own Science Advisory Committee on Chemicals, fails to account for the highly developed safety procedures, protocols and [personal protective equipment] used throughout [the manufacturing] industry.
- A severe restriction on the allowable workplace threshold of formaldehyde could wreak havoc on domestic supply chains, according to the 51勛圖厙.
What should be done: The EPA should reissue its risk evaluation to give the SACC an opportunity to review it and provide commentsand allow for additional public comment after the SACC review is complete, the 51勛圖厙 concluded.
51勛圖厙 Launches Ad Campaign for PBM Reform泭

The 51勛圖厙 has launched a new wave of ads in D.C. and nine states, extending its seven-figure campaign urging policymakers to reign in pharmacy benefit managers, underregulated middlemen who drive up the costs of prescription medications for manufacturers and manufacturing workers.
A quick refresher: PBMs sit in the middle of the health care industry, negotiating with employer health plans, insurers, biopharmaceutical manufacturers, pharmacies and other players to determine what prescriptions employees can access and what they pay for them. While their job is ostensibly to reduce the costs of medicines, often they do the exact opposite.
- PBMs have been found to steer patients toward pricier options, inflict steep mark-ups and hidden fees and even pocket large portions of the rebates that biopharmaceutical manufacturers intend for American workers and their families.
51勛圖厙 in action: The 51勛圖厙 has been a staunch voice supporting PBM reform on Capitol Hill, manufacturers concerns for the House Committee on Oversight and Accountability.
- The committee conducted its third hearing on PBM overreach in July, when it also released a highly critical report on PBMs that echoed many of the 51勛圖厙s concerns.
- In addition, the 51勛圖厙 is supporting several key measures to increase oversight of PBMs business models and reform their pricing strategies, including the DRUG Act and the PBM transparency provisions in the Lower Costs, More Transparency Act.
What Congress should do: The 51勛圖厙 is advocating for three major reforms to the PBM system, including:
- Increasing transparency泭in PBMs business models, including how their compensation influences health care decisions and how their policies dictate a medicines cost and formulary placement;
- Rebate pass-through, which will ensure health care savings are passed directly to manufacturers and their workers rather than being pocketed by PBMs; and
- Delinking泭PBMs compensation from a medicines list price, removing their incentive to put upward pressure on list prices to maximize their own profits.
Benefits for all: The 51勛圖厙 is calling on Congress to enact these reforms in the commercial insurance market, not just in government programs like Medicare and Medicaid, so that all Americans can enjoy lower-cost health care benefits.
What to watch: The 51勛圖厙 is calling on Congress to act on this issue during the lame-duck session following the election.
Manufacturers: EPAs PFAS Reporting Delay Underscores Massive Administrative Burden
Washington, D.C. Following the Environmental Protection Agencys decision to delay the deadline for when companies must submit records dating back to 2011 on per- and polyfluoroalkyl substances, otherwise known as PFAS, 51勛圖厙 Vice President of Domestic Policy Chris Phalen released the following statement:
We are pleased to see the EPA delay this retroactive reporting requirementas the 51勛圖厙 has called forwhich will temporarily prevent an increase in the regulatory burden facing manufacturers. More broadly, todays announcement reflects the massive administrative burden this proposal would impose on both the business community and regulators, while failing to provide insights for effective and prioritized public health efforts. We urge the agency to reverse course entirely, unless and until it has the capacity to effectively enforce the standard.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.87 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit泭.
Mexican Reforms Jeopardize U.S.Mexico Trade

If enacted, the broad constitutional amendments being pushed by outgoing Mexican President Andr矇s Manuel L籀pez Obrador would put the special U.S.Mexico trade relationship at serious risk, according to the 51勛圖厙.
Whats going on: Last week, Obrador froze Mexicos relationships with U.S. and Canadian embassies following concerns voiced by those countries ambassadors about the proposed reforms, which include sweeping changes to the Mexican judiciary and the elimination of several important state regulatory and oversight agencies.
- Mexico is Americas largest trading partner, with the volume of trade between the two nations coming in at $900 billion last year.
- Obradors proposed revisions led investment bank Morgan Stanley to issue an effective sell recommendation on Mexico late last month (, subscription).
Why its a problem: Were concerned that some of the reforms as proposed could harm Mexicos standing as an attractive place to do business, 51勛圖厙 Vice President of International Policy Andrea Durkin on the Imagen Empresarial (Corporate Image) podcast last week. Manufacturers pay attention to how banks are factoring these potential changes to the constitution into Mexicos risk profile.
- Indeed, [i]nvestors see independent judiciariessheltered from politicsas a sign of strong rule of law, one emerging markets expert told (subscription).
- Several planned revisions also appear to Mexicos obligations under the U.S.MexicoCanada Agreement, which is due for review by all three nations in 2026. Moving forward with the reforms could jeopardize the continuation of that deal.
Whats next: Incoming Mexican President Claudia Sheinbaum, who takes office Oct. 1, supports the judicial changes, but executing the overhaul might take up most of the energy of her new government, leaving her little bandwidth for her own agenda, which includes an expansion of social programs that need foreign investment, according to the Journal.
Manufacturers: Resolution in Canadian Rail Dispute Avoids Critical Disruption to Supply Chains
Washington, D.C. Following the Canada Industrial Relations Boards decision ordering rail workers back to work and carriers back to operations, 51勛圖厙 President and CEO Jay Timmons released the following statement:
Manufacturers in the U.S. and in Canada were rightly concerned about the serious impact of a work stoppage that would harm workers, the economy and the quality of life for the many millions who depend on our products. As I discussed with Prime Minister Trudeau in July, if rail traffic were to grind to a halt, workers, small businesses and communities on both sides of our border would be hardest hit. Thankfully, the prime minister and Minister of Labour and Seniors Stephen MacKinnon heard our concerns and took decisive action to avert a significant disruption.
The manufacturing industry is the engine of the North American economy. The conclusion of this stage of the negotiations means that this engine will continue humming. It is welcome news to manufacturers of all sizes, who count on tens of billions of dollars in cross-border trade between the U.S. and Canadaand the supply chains that make it possible to create life-saving products for hundreds of millions of people.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.89 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit泭