Further Modifying Reciprocal Tariff
Rates to Reflect Ongoing Discussions with the People’s Republic of China
Executive Orders/August 11, 2025
Signed
by:
President of the United States
Effective Period:
Suspension extended until
12:01 a.m. EST, November 10, 2025
·
Constitution
& U.S. laws
including:
o International Emergency Economic Powers
Act (IEEPA)
o National Emergencies Act
o Section 604 of the Trade Act of 1974
o Section 301 of Title 3, U.S. Code
·
April
2, 2025 (E.O. 14257):
Declared national emergency over large, persistent U.S. goods trade deficits
→ imposed additional ad valorem duties on certain imports.
·
April
8 & 9, 2025 (E.O. 14259 & 14266): Increased tariffs on China after PRC
announced retaliatory measures.
·
May
12, 2025 (E.O. 14298):
Suspended extra China tariffs for 90
days (imposing instead a reduced 10% rate) to allow trade
discussions.
·
Suspension
was set to expire August
12, 2025.
·
Reason: Ongoing U.S.–China talks have shown
progress in addressing:
o Lack of trade reciprocity
o National & economic security concerns
·
Action: Continue the suspension of certain
country-specific ad valorem duties on China until November 10, 2025.
·
Lead
Agencies:
Commerce, Homeland Security, U.S. Trade Representative
·
Consultation
with:
State, Treasury, National Security Adviser, Economic Policy Adviser, Senior
Trade & Manufacturing Counselor, U.S.
International Trade Commission Chair, Postmaster General
·
Powers
Granted:
Temporary suspension/amendment of regulations, use of IEEPA powers as needed
·
Does
not limit existing legal authorities of agencies
·
Subject
to applicable law & available appropriations
·
Creates
no enforceable legal rights for private parties
·
Publication
costs borne by the U.S. Trade Representative
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, I hereby determine and order:
Section 1. Background. In Executive Order
14257 of April 2, 2025 (Regulating Imports With a Reciprocal Tariff to Rectify Trade
Practices That Contribute to Large and Persistent Annual United States Goods Trade
Deficits), I found that conditions reflected in large and persistent annual U.S.
goods trade deficits, including the consequences of those exploding trade deficits,
constitute an unusual and extraordinary threat to the national security and economy
of the United States that has its source in whole or substantial part outside the
United States. I declared a national emergency with respect to that threat, and
to deal with that threat, I imposed certain ad valorem duties that I deemed
necessary and appropriate.
In Executive Order
14259 of April 8, 2025 (Amendment to Reciprocal Tariffs and Updated Duties as Applied
to Low-Value Imports From the People’s Republic of China), and Executive Order 14266
of April 9, 2025 (Modifying Reciprocal Tariff Rates to Reflect Trading Partner Retaliation
and Alignment), I ordered modifications of the Harmonized Tariff Schedule of the
United States (HTSUS) to raise the applicable ad valorem duty rate for imports
from the People’s Republic of China (PRC) established in Executive Order 14257,
in recognition of the fact that the State Council Tariff Commission of the PRC announced
that it would retaliate against the United States in response to Executive Order
14257 and Executive Order 14259.
Subsequently, the
United States entered into discussions with the PRC to address the lack of trade
reciprocity in our economic relationship and our resulting national and economic
security concerns. Therefore, in Executive Order 14298 of May 12, 2025 (Modifying
Reciprocal Tariff Rates to Reflect Discussions With the People’s Republic of China),
I determined that it was necessary and appropriate to address the national emergency
declared in Executive Order 14257 by modifying the HTSUS to suspend for a period
of 90 days application of the additional ad valorem duties imposed on the
PRC listed in Annex I to Executive Order 14257, as amended, and to instead impose
on articles of the PRC an additional ad valorem rate of duty as set forth
in Executive Order 14298, pursuant to the terms of, and except as otherwise provided
in, Executive Order 14257, as amended. This 90-day suspension expires at 12:01 a.m.
eastern daylight time on August 12, 2025.
The United States
continues to have discussions with the PRC to address the lack of trade reciprocity
in our economic relationship and our resulting national and economic security concerns.
Through these discussions, the PRC continues to take significant steps toward remedying
non-reciprocal trade arrangements and addressing the concerns of the United States
relating to economic and national security matters. Based on this additional information
and recommendations from various senior officials, among other things, I have determined
that it is necessary and appropriate to continue the suspension effectuated by Executive
Order 14298 until 12:01 a.m. eastern standard time on November 10, 2025.
Sec. 2. Continued Suspension of Country-Specific Ad
Valorem Rate of Duty. Heading 9903.01.63 and subdivision (v)(xiv)(10) of U.S. note 2 to subchapter III of chapter 99 of the
HTSUS shall continue to be suspended until 12:01 a.m. eastern standard time on November
10, 2025.
Sec. 3. Implementation. The Secretary of
Commerce, the Secretary of Homeland Security, and the United States Trade Representative,
as applicable, in consultation with the Secretary of State, the Secretary of the
Treasury, the Assistant to the President for National Security Affairs, the Assistant
to the President for Economic Policy, the Senior Counselor
to the President for Trade and Manufacturing, the Chair of the United States International
Trade Commission, and the Postmaster General, are directed to take all necessary
actions to implement and effectuate this order, consistent with applicable law,
including through temporary suspension or amendment of regulations or notices in
the Federal Register and adopting rules and regulations, and are authorized
to take such actions, and to employ all powers granted to the President by IEEPA,
as may be necessary to implement this order. Each executive department and agency
shall take all appropriate measures within its authority to implement this order.
Sec. 4. 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.
(d) The costs for
publication of this order shall be borne by the Office of the United States Trade
Representative.
DONALD J. TRUMP
THE WHITE HOUSE/August
11, 2025.