Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China

Executive Orders

TLDR

This executive order amends EO 14195 by doubling tariffs on Chinese imports from 10% to 20%, citing China’s failure to address the synthetic opioid crisis. The increase, effective March 4, 2025, is based on the International Emergency Economic Powers Act and National Emergencies Act, declaring a national emergency due to the threat of synthetic opioids from China.

This is an amendment to Executive Order 14195 which increase tariffs on Chinese imports from 10% to 20%, citing China’s failure to adequately address the synthetic opioid crisis. This amendment comes as part of the ongoing efforts to combat the influx of fentanyl and other synthetic opioids from China to the United States.

Key points:

  1. Tariff Increase: The tariffs on Chinese imports have been doubled from 10% to 20%.

  2. Justification: The increase is due to China’s perceived inaction in addressing the fentanyl crisis and its impact on the United States.

  3. Legal Basis: The order cites the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act as the legal foundation for this action.

  4. National Emergency: The order reaffirms the declaration of a national emergency due to the “unusual and extraordinary threat” posed by the influx of synthetic opioids from China.

  5. Implementation: The increased tariffs will go into effect on Tuesday, March 4, 2025.

This amendment represents a significant escalation in the Trump administration’s approach to pressuring China on the fentanyl issue. The use of IEEPA to impose tariffs is an unusual application of the law, which is typically used for imposing economic sanctions rather than trade measures.

The effectiveness of using tariffs to address the fentanyl crisis is debatable. While it may increase pressure on China to take action, it could also lead to retaliatory measures and further strain U.S.-China relations. Additionally, the impact on American consumers and businesses should be considered, as higher tariffs may lead to increased prices for imported goods.

The legality of using national security justifications for imposing tariffs has been questioned in the past, and this order may face similar scrutiny. However, courts have generally deferred to the executive branch on matters of national security and foreign policy.

As this situation develops, it will be important to monitor China’s response, the economic impact of the increased tariffs, and any potential legal challenges to the order.

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, UnitedStates Code, I hereby determine and order:

Section 1.

Background.

With Executive Order 14195 of February 1, 2025 (Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China), I determined that the failure of the Government of the People’s Republic of China (PRC) to act to blunt the sustained influx of synthetic opioids, including fentanyl, flowing from the PRC to the UnitedStates constituted an unusual and extraordinary threat, which has its source in substantial part outside the UnitedStates, to the national security, foreign policy, and economy of the United States. To address that threat, I invoked my authority under section 1702(a)(1)(B) of IEEPA to impose ad valorem tariffs on articles that are products of the PRC, as defined by the Federal Register notice described in section 2(d) of Executive Order 14195, as amended by Executive Order 14200 of February 5, 2025 (Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People’s Republic of China).

Pursuant to section 3 of Executive Order 14195, I have determined that the PRC has not taken adequate steps to alleviate the illicit drug crisis through cooperative enforcement actions, and that the crisis described in Executive Order 14195 has not abated.

Sec. 2.

Amendment.

In recognition of the fact that the PRC has not taken adequate steps to alleviate the illicit drug crisis, section 2(a) of Executive Order 14195 is hereby amended by striking the words “10 percent” and inserting in lieu thereof the words “20 percent”.

Sec. 3.

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 of Management 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 United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,
March 3, 2025.