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pdfFederal Register / Vol. 90, No. 65 / Monday, April 7, 2025 / Presidential Documents
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Presidential Documents
Executive Order 14256 of April 2, 2025
Further Amendment to Duties Addressing the Synthetic
Opioid Supply Chain in the People’s Republic of China as
Applied to Low-Value Imports
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 (50 U.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, United States
Code, it is hereby ordered:
Section 1. Purpose. Many shippers based in the People’s Republic of China
(PRC) hide illicit substances and conceal the true contents of shipments
sent to the United States through deceptive shipping practices. These shippers often avoid detection due to administration of the de minimis exemption
under section 321(a)(2)(C) of the Tariff Act of 1930, as amended (19 U.S.C.
1321(a)(2)(C)).
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As noted in Executive Order 14195 of February 1, 2025 (Imposing Duties
to Address the Synthetic Opioid Supply Chain in the People’s Republic
of China), as amended by Executive Order 14228 of March 3, 2025 (Further
Amendment to Duties Addressing the Synthetic Opioid Supply Chain in
the People’s Republic of China), these exports play a significant role in
the synthetic opioid crisis in the United States. In Executive Order 14200
of February 5, 2025 (Amendment to Duties Addressing the Synthetic Opioid
Supply Chain in the People’s Republic of China), I suspended the elimination
of duty-free de minimis treatment on articles described in section 2(a) of
Executive Order 14195. The Secretary of Commerce has notified me that
adequate systems are now in place to process and collect tariff revenue
for covered goods from the PRC otherwise eligible for duty-free de minimis
treatment under 19 U.S.C. 1321(a)(2)(C). Accordingly, duty-free de minimis
treatment under 19 U.S.C. 1321(a)(2)(C) shall no longer be available for
products of the PRC (which include products of Hong Kong) described
in section 2(a) of Executive Order 14195, as amended by Executive Order
14228, including international postal packages sent to the United States
through the international postal network from the PRC or Hong Kong, that
are entered for consumption, or withdrawn from warehouse for consumption,
on or after 12:01 am eastern daylight time on May 2, 2025. Additional
duties for such imported merchandise shall be collected at the rates described
in this order.
Sec. 2. Assessment of Duties on Low-Value Products of the PRC. (a) Other
than articles sent to the United States through the international postal network (for which a duty is separately provided as described in subsections
(b) and (c) of this section), all shipments of articles described in section
2(a) of Executive Order 14195, as amended by Executive Order 14228, that
are products of the PRC or Hong Kong; that are sent to the United States;
that are valued at or under 800 dollars and that would otherwise qualify
for the de minimis exemption authorized in 19 U.S.C. 1321(a)(2)(C); and
that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 am eastern daylight time on May 2, 2025, shall
be entered by a party qualified to make entry under another appropriate
entry type in the Automated Commercial Environment (ACE) operated by
U.S. Customs and Border Protection (CBP) of the Department of Homeland
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Security, with all applicable duties, including those imposed by section
2(a) of Executive Order 14195, as amended by Executive Order 14228, and
paid in accordance with the applicable entry and payment procedures. Executive departments and agencies, including the Department of Homeland Security, through CBP, shall take all necessary actions to effectuate the objectives
of this order, consistent with applicable law, including through temporary
suspension or amendment of regulations or notices in the Federal Register.
The United States International Trade Commission shall continue to act
ministerially by modifying the Harmonized Tariff Schedule of the United
States (HTSUS), as needed, to reflect the actions set out in this order.
(b) Imposition of Duty.
(i) All postal items containing goods described in section 2(a) of Executive
Order 14195 and sent to the United States through the international postal
network from the PRC or Hong Kong and transported by carriers that
are valued at or under 800 dollars and that would otherwise qualify
for the de minimis exemption authorized in 19 U.S.C. 1321(a)(2)(C) shall
be subject to the duties described in subsection (c) of this section. In
order to address the threat of the PRC’s failure to act to blunt the sustained
influx of synthetic opioids into the United States, while allowing for
the orderly flow of legitimate international mail, the duties imposed in
subsection (c) of this section, except as required by applicable law, are
imposed in lieu of any other duties that the shipments would otherwise
be subject to, including the 20 percent ad valorem duty established in
Executive Order 14195, as amended by Executive Order 14228; mostfavored nation rates embodied in the HTSUS; and duties imposed pursuant
to section 301 of the Trade Act of 1974.
(ii) CBP is authorized to require the carrier transporting the international
postal package into the United States to remit payment of the duty described in subsection (c) of this section to CBP monthly or on such
other periodic time frame as CBP determines appropriate, and CBP may
issue regulations and guidance as necessary or appropriate to implement
and enforce this requirement.
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(iii) All carriers that transport international postal packages from the PRC
or Hong Kong to the United States as part of or on behalf of the international
postal network must report to CBP the total number of postal items containing goods and, if electing the duty rate specified in subsection (c)(i)
of this section, the value of each postal item containing goods, transported
per conveyance, in a timeframe and manner prescribed by CBP. CBP
may require submission of documentation and information from the carrier
to verify the total number and value of individual postal items containing
goods to be electronically transmitted through the ACE.
(c) Duty Rates. Transportation carriers delivering shipments to the United
States from the PRC or Hong Kong sent through the international postal
network must collect and remit duties to CBP under the approach outlined
in either subsection (c)(i) or subsection (c)(ii) of this section. Transportation
carriers must apply the same duty collection methodology to all shipments;
however, transportation carriers may change their collection methodology
once a month or on such other periodic timeframe as CBP determines
appropriate, upon providing 24-hour notice to CBP.
(i) Ad Valorem Duty. 30 percent of the value of the postal item containing
goods for merchandise entered for consumption on or after 12:01 am
eastern daylight time on May 2, 2025.
(ii) Specific Duty. 25 dollars per postal item containing goods for merchandise entered for consumption on or after 12:01 am eastern daylight time
on May 2, 2025, and before 12:01 am eastern daylight time on June
1, 2025, and 50 dollars per postal item containing goods for merchandise
entered for consumption on or after 12:01 am eastern daylight time on
June 1, 2025.
(d) Bond Requirement. Any carrier that transports international postal
items containing goods from the PRC or Hong Kong to the United States,
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by any mode of transportation, must have an international carrier bond
to ensure payment of the duty described in subsections (b) and (c) of
this section. CBP is authorized to ensure that the international carrier bonds
required by this subsection are sufficient to account for the duty described
in subsections (b) and (c) of this section.
(e) Discretion to Require Formal Entry. CBP may require formal entry,
in accordance with existing regulations, for any international postal package
that may otherwise be subject to the duty described in subsections (b)
and (c) of this section. An international postal package for which CBP
requires formal entry will not be subject to the duty described in subsections
(b) and (c) of this section, and instead will be subject to all applicable
duties, taxes, and fees in accordance with all applicable laws.
Sec. 3. Implementation of Duty. The Secretary of Homeland Security is
directed to take all necessary actions to implement this order. Consistent
with section 4 of Executive Order 14195, the Secretary of Homeland Security,
in consultation with the Secretary of the Treasury, the Attorney General,
and the Secretary of Commerce, is authorized to take such actions, including
adopting rules and regulations, and to employ all powers granted to the
President by IEEPA as may be necessary to implement this order.
Sec. 4. Homeland Security Authorities. Nothing in this order limits the
ability of the Department of Homeland Security to use any available legal
authorities granted to ensure compliance with the provisions of this order.
Sec. 5. Monitoring. Within 90 days of the date of this order, the Secretary
of Commerce, in consultation with the United States Trade Representative,
shall submit a report to the President regarding the impact of this order
on American industries, consumers, and supply chains and making recommendations for further action as he deems necessary, including a recommendation on whether extending de minimis ineligibility to packages
from Macau is necessary to prevent circumvention of this order.
Sec. 6. 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
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(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.
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(c) 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,
April 2, 2025.
[FR Doc. 2025–06027
Filed 4–4–25; 8:45 am]
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File Modified | 2025-04-05 |
File Created | 2025-04-05 |