The imposition of draconian reciprocal tariffs has justifiably generated serious concern over their potential impact on comic periodicals, graphic novels, manga, and comics-adjacent merchandise, such as apparel, cosmetics, action figures, statues, and games.
What does the President’s April 2nd Executive Order cover? For this post, we’ll start with a quick overview of the core documents and a key set of exemptions for the comics industry.
Section 3.2(b) the tariff EO provides that items listed in the Order’s Annex II are exempt from its ad valorem tariffs. These items include those covered by the exemption for “any information or informational materials” under 50 U.S. Code § 1702(b)(3), such as “publications.”
Accordingly, the list in Annex II encompasses the following categories for the Harmonized Tariff Schedule of the U.S.
These categories arguably encompass graphic novels, manga, and comic books. For example, click the following two links for examples of customs rulings on a graphic novel and a childrens comic book, which, respectively, are determined to fall under HTS categories 49019900 and 49030000 exempted above:
https://rulings.cbp.gov/ruling/N323006
http://www.faqs.org/rulings/rulings2005NYL81603.html
What does all of this mean? What is an ad valorem tariff, anyway? Are graphic novels and comics completely exempted, or does the EO still apply to them in another way? Next: more detail on the reciprocal tariffs, the EO’s publications exemption, and the implications for graphic novels, manga, and comics-related merchandise.
This situation is developing quickly, so please be understanding if initial impressions and fast takes get refined or corrected in subsequent posts! Like everything posted on this site this post and others on this topic are not legal advice – as always, seek legal counsel for advice on your specific situation.