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pdfFederal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Presidential Documents
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Presidential Documents
Executive Order 14195 of February 1, 2025
Imposing Duties To Address the Synthetic Opioid Supply
Chain in the People’s Republic of China
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.) (NEA), section 604 of the Trade Act
of 1974, as amended (19 U.S.C. 2483), and section 301 of title 3, United
States Code,
I, DONALD J. TRUMP, President of the United States of America, find
that the sustained influx of synthetic opioids has profound consequences
on our Nation, including by killing approximately two hundred Americans
per day, putting a severe strain on our healthcare system, ravaging our
communities, and destroying our families. Synthetic opioid overdose is the
leading cause of death for people aged 18 to 45 in the United States.
During my first term, I took steps to end the direct flow of fentanyl and
other synthetic opioids from the People’s Republic of China (PRC) to the
United States. Since then, the Chinese Communist Party (CCP), which exerts
ultimate control over the government and enterprises of the PRC, has subsidized and otherwise incentivized PRC chemical companies to export
fentanyl and related precursor chemicals that are used to produce synthetic
opioids sold illicitly in the United States.
Furthermore, the PRC provides support to and safe haven for PRC-origin
transnational criminal organizations (TCOs) that launder the revenues from
the production, shipment, and sale of illicit synthetic opioids. These PRCorigin TCOs coordinate and communicate using PRC social media software
applications in the conduct of their business.
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Many PRC-based chemical companies also go to great lengths to evade
law enforcement and hide illicit substances in the flow of legitimate commerce. Some of the techniques employed by these PRC-based companies
to conceal the true contents of the parcels and the identity of the distributors
include the use of re-shippers in the United States, false invoices, fraudulent
postage, and deceptive packaging. While more than 500,000 pounds of drugs
have been seized at the southern border each of the last 3 fiscal years,
in addition, more than 42,000 pounds of drugs have been seized at the
northern border each year on average over the last 3 years. Illicit drugs
kill tens of thousands of Americans each year, including 75,000 deaths
per year attributed to fentanyl alone.
The influx of these drugs to our Nation threatens the fabric of our society.
The PRC plays a central role in this challenge, not merely by failing to
stem the ultimate source of many illicit drugs distributed in the United
States, but by actively sustaining and expanding the business of poisoning
our citizens.
The flow of contraband drugs like fentanyl to the United States through
illicit distribution networks has created a national emergency, including
a public health crisis in the United States, as outlined in the Presidential
Memorandum of January 20, 2025 (America First Trade Policy), Proclamation
10886 of January 20, 2025 (Declaring a National Emergency at the Southern
Border of the United States), and Executive Order 14157 of January 20,
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2025 (Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists).
Despite multiple attempts to resolve this crisis at its root source through
bilateral dialogue, PRC officials have failed to follow through with the decisive actions needed to stem the flow of precursor chemicals to known
criminal cartels and shut down the money laundering TCOs. The PRC implements the most sophisticated domestic surveillance network coupled with
the most comprehensive domestic law enforcement apparatus in the world.
The PRC also routinely exerts extraterritorial reach across the globe to threaten, harass, and suppress what it views as political dissent. As such, the
CCP does not lack the capacity to severely blunt the global illicit opioid
epidemic; it simply is unwilling to do so.
Immediate action is required to address the national emergency I declared
and to finally end this emergency, including the public health crisis caused
by opioid use and addiction, which will not happen until the full compliance
and cooperation of the PRC government is assured.
I hereby determine and order:
Section 1. (a) As President of the United States, my highest duty is the
defense of the country and its citizens. I will not stand by and allow
our citizens to be poisoned, our laws to be trampled, our communities
to be ravaged, or our families to be destroyed.
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I previously declared a national emergency with respect to the grave threat
to the United States posed by the influx of illegal aliens and drugs into
the United States in Proclamation 10886. Pursuant to the NEA, I hereby
expand the scope of the national emergency declared in that proclamation
to cover the failure of the PRC government to arrest, seize, detain, or otherwise
intercept chemical precursor suppliers, money launderers, other TCOs, criminals at large, and drugs. In addition, this failure to act constitutes an unusual
and extraordinary threat, which has its source in substantial part outside
the United States, to the national security, foreign policy, and economy
of the United States. I hereby declare and reiterate a national emergency
under the NEA and IEEPA to deal with that threat. This national emergency
requires decisive and immediate action, and I have decided to impose,
consistent with law, ad valorem tariffs on articles that are products of
the PRC as set forth in this order. In doing so, I invoke my authority
under section 1702(a)(1)(B) of IEEPA, and specifically find that action under
other authority to impose tariffs is inadequate to address this unusual and
extraordinary threat.
Sec. 2. (a) All articles that are products of the PRC, as defined by the
Federal Register notice described in section 2(d) of this order (the Federal
Register notice), shall be, consistent with law, subject to an additional 10
percent ad valorem rate of duty. Such rate of duty shall apply with respect
to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on February 4, 2025, except
that goods entered for consumption, or withdrawn from warehouse for consumption, after such time that were loaded onto a vessel at the port of
loading or in transit on the final mode of transport prior to entry into
the United States before 12:01 a.m. eastern time on February 1, 2025, shall
not be subject to such additional duty, only if the importer certifies to
U.S. Customs and Border Protection within the Department of Homeland
Security as specified in the Federal Register notice.
(b) The rates of duty established by this order are in addition to any
other duties, fees, exactions, or charges applicable to such imported articles.
(c) Should the PRC retaliate against the United States in response to
this action through import duties on United States exports to the PRC
or similar measures, the President may increase or expand in scope the
duties imposed under this Executive Order to ensure the efficacy of this
action.
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(d) In order to establish the duty rate on imports of articles that are
products of the PRC, the Secretary of Homeland Security shall determine
the modifications necessary to the Harmonized Tariff Schedule of the United
States (HTSUS) in order to effectuate the objectives of this order consistent
with law and shall make such modifications to the HTSUS through notice
in the Federal Register. The modifications made to the HTSUS by this
notice shall be effective with respect to goods entered for consumption,
or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern
time on February 4, 2025, except as otherwise noted in subsection 2(a)
of this section, and shall continue in effect until such actions are expressly
reduced, modified, or terminated.
(e) Articles that are products of the PRC, except those that are eligible
for admission under ‘‘domestic status’’ as defined in 19 CFR 146.43, which
are subject to the duties imposed by this order and are admitted into a
United States foreign trade zone on or after 12:01 a.m. eastern time on
February 4, 2025, except as otherwise noted in subsection 2(a) of this section,
must be admitted as ‘‘privileged foreign status’’ as defined in 19 CFR 146.41.
Such articles will be subject upon entry for consumption to the rates of
duty related to the classification under the applicable HTSUS subheading
in effect at the time of admittance into the United States foreign trade
zone.
(f) No drawback shall be available with respect to the duties imposed
pursuant to this order.
(g) For avoidance of doubt, duty-free de minimis treatment under 19
U.S.C. 1321 shall not be available for the articles described in subsection
(a) of this section.
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(h) Any prior Presidential Proclamation, Executive Order, or other presidential directive or guidance related to trade with the PRC that is inconsistent
with the direction in this order is hereby terminated, suspended, or modified
to the extent necessary to give full effect to this order.
(i) The articles described in subsection (a) of this section shall exclude
those encompassed by 50 U.S.C. 1702(b).
Sec. 3. (a) The Secretary of Homeland Security shall regularly consult with
the Secretary of State, the Attorney General, the Assistant to the President
for National Security Affairs, the Attorney General, and the Assistant to
the President for Homeland Security on the situation regarding the PRC.
The Secretary of Homeland Security shall inform the President of any circumstances that, in the opinion of the Secretary of Homeland Security,
indicate that the PRC government has taken adequate steps to alleviate
the opioid crisis through cooperative actions. Upon the President’s determination of sufficient action to alleviate the crisis, the tariffs described in section
2 of this order will be removed.
(b) The Secretary of Homeland Security, in coordination with the Secretary
of State, the Attorney General, the Assistant to the President for National
Security Affairs, and the Assistant to the President for Homeland Security,
shall recommend additional action, if necessary, should the PRC fail to
take adequate steps to alleviate the illicit drug crisis through cooperative
enforcement actions.
Sec. 4. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Commerce,
is hereby 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. The Secretary of Homeland
Security may, consistent with applicable law, redelegate any of these functions within the Department of Homeland Security. All executive departments
and agencies shall take all appropriate measures within their authority to
implement this order.
Sec. 5. The Secretary of Homeland Security, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the Assistant to the
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President for National Security Affairs, the Attorney General, and the Assistant to the President for Homeland Security, is hereby authorized to submit
recurring and final reports to the Congress on the national emergency under
IEEPA declared in this order, consistent with section 401(c) of the NEA
(50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
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
(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.
(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,
February 1, 2025.
[FR Doc. 2025–02408
Filed 2–6–25; 8:45 am]
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