If American ship are still lit up like a Christmas tree it's a good bet that the game still considers them neutral and will penalise you for sinking them. Another way to check would be to look at the USA on your Nav map - if its all in red then its ships are valid targets.
I had a similar situation in the Irish Sea at a point in 1940 after BdU had said that all foreign shipping in British waters was illegal and viable to be sunk. I stumbled across an American Tanker the next day but it was all lit up so I let her pass.
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