Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China
This executive order modifies a previous order from February 1, 2025, specifically addressing the synthetic opioid supply chain from China and associated tariff policies.
Key Modifications
Amendment to Section 2(g)
The order revises how duty-free de minimis treatment is handled for certain covered articles. Under this amendment, these articles can receive duty-free treatment under 19 U.S.C. 1321, but this treatment will be suspended once the Secretary of Commerce notifies the President that adequate systems are in place to process and collect tariff revenue for these items.
Policy Impact
- This modification appears to be a temporary measure allowing duty-free treatment until proper tariff collection systems are established
- The change suggests a phased approach to implementing stricter controls on synthetic opioid-related imports from China
- The amendment maintains flexibility in enforcement while infrastructure for tariff collection is developed
###Standard Provisions
The order includes standard legal provisions that:
- Preserve existing executive department authorities
- Maintain OMB’s oversight of budgetary and administrative matters
- Ensure implementation aligns with available appropriations
- Clarify that no new legal rights are created by this order
Strategic Implications
This amendment represents a tactical adjustment in the administration’s approach to controlling synthetic opioid supply chains, balancing immediate enforcement capabilities with long-term regulatory goals. The modification suggests an acknowledgment of current administrative limitations while maintaining the broader objective of strengthening control over opioid-related imports from China.
By the authority vested in me as President by the Constitution and the laws of the UnitedStates of America, including the International Emergency Economic Powers Act (50U.S.C. 1701 et seq.), the National Emergencies Act (50U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section301 oftitle3, United States Code, I hereby determine and order:
Section 1.
Amendment.
Regarding the Executive Order of February 1, 2025 (Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China), the following shall replace subsection (g) of section 2: “(g) Duty-free de minimis treatment under 19 U.S.C. 1321 is available for otherwise eligible covered articles described in subsection (a) of this section, but shall cease to be available for such articles upon notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expediently process and collect tariff revenue applicable pursuant to subsection (a) of this section for covered articles otherwise eligible for de minimis treatment.”
Sec. 2.
General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office ofManagement and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
© This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the UnitedStates, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, February 5, 2025.