U.S. to Halve Additional Tariff from 20%
to 10% on Chinese Goods w.e.f. 10 Nov 2025
·
Modifying Duties Addressing the Synthetic
Opioid Supply Chain in the China
Reduction of Additional Tariffs
on PRC Goods (Effective November 10, 2025)
Authority: Issued
under the Constitution and U.S. laws, including the International Emergency Economic Powers Act (IEEPA) and National Emergencies Act.
Section 1
— Background
·
Previous Actions:
o
E.O. 14195 (Feb 1, 2025): Declared
a national emergency over the influx of synthetic opioids (e.g., fentanyl) from
China; imposed a 10% additional tariff on PRC products.
o
E.O. 14228 (Mar 3, 2025): Raised
the additional tariff to 20% due to China’s inadequate response.
·
New Developments:
o
China has agreed to take “significant measures” to
curb fentanyl exports and precursor shipments globally.
o
In response, the U.S. will reduce the tariff
rate back to 10%, effective November 10, 2025.
Section 2
— Implementation
·
The additional 20% tariff on PRC goods will
be reduced to 10%.
·
Modifications to the Harmonized Tariff Schedule of the United States (HTSUS) include:
o
Heading 9903.01.24: Replace
“20%” with “10%.”
o
U.S. Note 2(u): Update date from “March 4, 2025”
to “November 10, 2025.”
·
The Secretary of Homeland Security, with
input from the U.S. International Trade Commission, may make further
technical amendments via Federal Register notice.
Section 3
— Monitoring and Recommendations
·
The Secretary of Homeland Security, in
consultation with State, Treasury, and other agencies, will:
o
Monitor China’s compliance with its commitments.
o
Report to the President on progress.
o
Recommend further actions if China fails to comply
or if new risks emerge.
Section 4
— Delegation
·
The Secretary of Homeland Security is
authorized to take all actions necessary to implement the order, including
using powers under IEEPA, and may redelegate these functions.
Sections
5–6 — Legal and Administrative Provisions
·
Severability: Invalidity of one provision
doesn’t affect the rest.
·
Implementation: Must comply with applicable law
and budget limits.
·
No Private Rights Created: The
order cannot be used to sue the U.S. government.
·
Publication Costs: To be
borne by the Department of Homeland Security.
In essence: This
order reduces U.S. tariffs on Chinese goods from 20% to 10% effective Nov
10, 2025, in recognition of China’s new commitments to combat fentanyl
trafficking, while maintaining authority to reimpose or adjust duties if China
fails to deliver.
Modifying Duties Addressing
The Synthetic Opioid Supply Chain In
The People’s Republic Of China
Executive Orders/November 4, 2025
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 14195 of February 1,
2025 (Imposing Duties To Address the Synthetic Opioid Supply Chain in the People’s
Republic of China), I found 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 United States constitutes an unusual and extraordinary
threat to the national security, foreign policy, and economy of the United States
that has its source in substantial part outside the United States. I declared a
national emergency with respect to that threat, and to deal with that threat, I
imposed an additional ad valorem rate of duty of 10 percent 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.
In
Executive Order 14228 of March 3, 2025 (Further Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the People’s Republic of China), I raised from
10 percent to 20 percent the additional ad valorem rate of duty established in Executive
Order 14195, as amended, in response to the PRC’s failure to take adequate steps
to alleviate the illicit drug crisis described in Executive Order 14195.
After
discussions between the United States and the PRC, among other things, the PRC has
committed to take steps to alleviate the national emergency declared in Executive
Order 14195. Specifically, the PRC has committed to take significant measures to
end the flow of fentanyl to the United States, including stopping the shipment of
certain designated chemicals to North America and strictly controlling exports of
certain other chemicals to all destinations in the world. In light of the PRC’s
commitment, the United States committed to, among other things, reduce the additional
ad valorem rate of duty applicable under Executive Order 14195, as amended, from
20 percent to 10 percent, effective November 10, 2025.
Accordingly,
I have determined that it is necessary and appropriate to deal with the national
emergency declared in Executive Order 14195 by reducing the additional ad valorem
rate of duty applicable under Executive Order 14195, as amended, to 10 percent,
effective November 10, 2025.
Sec. 2. Implementation. (a) All articles that are subject to the
additional ad valorem rate of duty of 20 percent under Executive Order 14195, as
amended, shall instead be subject to an additional ad valorem rate of duty of 10
percent. Accordingly, subchapter III of chapter 99 of the Harmonized Tariff Schedule
of the United States (HTSUS) shall be modified as follows:
Effective
with respect to goods entered for consumption, or withdrawn from warehouse for consumption,
on or after 12:01 a.m. eastern standard time on November 10, 2025:
(i) heading 9903.01.24 is amended by deleting “20%” each place
that it appears and inserting “10%” in lieu thereof and by deleting “or U.S. note
2(w) to this subchapter”; and
(ii)
subdivision (u) of U.S. note 2 is modified by deleting “20%” and inserting “10%”
in lieu thereof and by deleting “March 4, 2025” and inserting “November 10, 2025”
in lieu thereof.
(b)
The Secretary of Homeland Security, in consultation with the United States International
Trade Commission, shall determine whether any additional modifications to the HTSUS
are necessary to effectuate this order and shall make such modifications through
notice in the Federal Register.
Sec. 3. Monitoring and Recommendations. (a) The Secretary of Homeland Security,
in consultation with the Secretary of State, the Secretary of the Treasury, and
any other officials the Secretary of Homeland Security deems appropriate, shall
continue to monitor the conditions underlying the national emergency declared in
Executive Order 14195, including the status and progress of the PRC’s implementation
of its commitments to alleviate the national emergency declared in Executive Order
14195, and any other relevant factors. The Secretary of Homeland Security shall,
from time to time, update me on the status of these conditions. Should the PRC fail
to implement its commitments as described in section 1 of this order, I may modify
this order as necessary to deal with the emergency declared in Executive Order 14195.
(b)
The Secretary of Homeland Security, in consultation 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 continue to inform
me of any circumstance that, in their opinion, might indicate the need for further
action and shall continue to recommend to me additional action that, in their opinion,
will effectively deal with the emergency declared in Executive Order 14195.
Sec. 4. Delegation. Consistent with applicable law, the Secretary
of Homeland Security is directed and authorized to take such actions, including
adopting rules, regulations, or guidance, and to employ all powers granted to the
President, including those granted by IEEPA, as may be necessary to implement and
effectuate this order. The Secretary of Homeland Security, consistent with applicable
law, may 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. Severability. If any provision of this order, or the
application of any provision of this order to any individual or circumstance, is
held to be invalid, the remainder of this order and the application of its provisions
to any other individuals or circumstances shall not be affected.
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 or
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 Department of Homeland
Security.
DONALD
J. TRUMP
THE
WHITE HOUSE,
November
4, 2025.