Modifying Duties Addressing the Synthetic Opioid Supply Chain in the People’s Republic of China
The document announces a modification to presidential actions taken under a national emergency concerning the synthetic opioid supply chain originating from the People's Republic of China (PRC).
Citing PRC commitments to halt the shipment of specific fentanyl precursor chemicals to the United States and control exports globally, the President reduces the additional ad valorem duty on targeted PRC goods from 20 percent to 10 percent, effective November 10, 2025.
The order directs the Secretary of Homeland Security to implement these changes in the Harmonized Tariff Schedule of the United States (HTSUS) and mandates ongoing monitoring of the PRC's compliance, reserving the right to modify the order if commitments are not met.
Arguments For
The action implements a reduction in punitive trade measures (duties) following diplomatic engagement and commitments from the People's Republic of China (PRC) to curb the flow of precursor chemicals used in synthetic opioids like fentanyl.
Reducing the duty from 20 percent to 10 percent fulfills a reciprocal commitment made by the U.S. government, demonstrating good faith in international agreements aimed at combating a shared drug crisis.
Retaining the national emergency declaration and monitoring mechanisms ensures the US can quickly reimpose or increase sanctions if the PRC fails to uphold its commitments regarding chemical exports to North America and globally.
The action utilizes existing statutory authority, specifically IEEPA and the Trade Act of 1974, providing a clear legal basis for adjusting trade remedies implemented to address national security threats.
Arguments Against
Critics might argue that reducing the tariffs implicitly signals that the previous 20 percent duty (imposed due to insufficient PRC action) was removed prematurely, potentially rewarding insufficient or delayed cooperation from Beijing.
The effectiveness of relying on the PRC's voluntary commitments, rather than maintaining maximum trade pressure, is questionable until sustained results in curbing chemical shipments are definitively observed.
The implementation relies heavily on the Department of Homeland Security and various interagency bodies to monitor complex international supply chains, presenting potential administrative and evidentiary challenges in verifying compliance.
Some may view the continued maintenance of any high duty (the remaining 10 percent) as a continuation of trade hostility, even if reduced, potentially complicating broader economic relations between the US and the PRC.
Presidential Actions
The introductory paragraph establishes the presidential authority to issue this order.
Power is invoked from the U.S. Constitution, the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and sections of the Trade Act of 1974 and Title 3 of the U.S. Code.
Section 1 provides the background, referencing previous Executive Orders (EO 14195 and EO 14228).
These orders found that the People's Republic of China's (PRC) failure to stop synthetic opioid flow, including fentanyl, poses an unusual and extraordinary threat to U.S. national security, foreign policy, and economy, leading to the declaration of a national emergency and the imposition of duties.
This section details that subsequent discussions resulted in PRC commitments to stop shipments of certain precursor chemicals to North America and strictly control exports of other chemicals worldwide. In exchange, the U.S. committed to reducing the additional duty rate from 20 percent back to 10 percent, starting November 10, 2025.
The final paragraph of Section 1 formally determines that reducing the duty to 10 percent is necessary to deal with the existing national emergency based on the PRC's new commitments.
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.
Section 2 outlines the operational implementation of the duty change.
It mandates that articles previously subject to the 20 percent additional duty under EO 14195 will now be subject to a 10 percent duty instead.
This requires specific amendments to the Harmonized Tariff Schedule of the United States (HTSUS), which organizes trade items.
The order specifies that heading 9903.01.24 must be changed to reflect a 10 percent rate instead of 20 percent, effective for goods entered on or after 12:01 a.m. eastern standard time on November 10, 2025.
Subsection (b) tasks the Secretary of Homeland Security, working with the United States International Trade Commission, with officially making any other necessary HTSUS changes required to put this order into effect and publishing those details 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.
Section 3 establishes requirements for ongoing oversight of the situation.
The Secretary of Homeland Security must continue monitoring the national emergency, specifically tracking the PRC's progress in fulfilling its commitments regarding fentanyl precursors.
If the PRC does not implement its agreed-upon measures mentioned in Section 1, the President retains the authority to change or reverse this order to address the emergency effectively.
The Secretary of Homeland Security must periodically update the President on these monitoring efforts.
Subsection (b) directs the Secretary of Homeland Security, alongside other high-level officials (including the Secretaries of State and Treasury, and National Security staff), to advise the President if any circumstances suggest that new or stronger actions are needed to manage the ongoing emergency situation.
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.
Section 4 delegates authority for enforcement.
The Secretary of Homeland Security receives the direction and authorization to execute the order, including issuing necessary rules, regulations, or guidance to make the order effective.
This delegation includes employing powers granted to the President under IEEPA to implement the duty adjustments and related measures.
Furthermore, the Secretary can pass on these responsibilities within the Department of Homeland Security (redelegate), and all other executive departments and agencies are required to cooperate fully using their existing authority to implement the 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.
Section 5 addresses severability, which is a standard legal clause.
This provision ensures that if any single part of the Presidential Order is found to be unlawful or invalid by a court when applied to a specific person or situation, the rest of the order remains fully in force and unaffected.
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.
Section 6 contains general housekeeping provisions.
Subsection (a) clarifies that the order does not override existing legal authorities granted to executive departments or agencies, nor does it interfere with the Office of Management and Budget's (OMB) role concerning budget or legislative proposals.
Subsection (b) requires that the order's implementation must follow all existing applicable laws and depends on necessary funding being available (subject to appropriations).
Subsection (c) explicitly states that the order creates no new enforceable legal rights or benefits for any person or party against the federal government.
Finally, (d) assigns the Department of Homeland Security the responsibility for covering the costs associated with publishing this order.