Modifying Reciprocal Tariff Rates Consistent with the Economic and Trade Arrangement Between the United States and the People’s Republic of China
This Presidential Action formally implements the economic and trade Arrangement reached between the United States and the People's Republic of China (PRC) following meetings in October 2025.
Citing progress on addressing non-reciprocal trade, the action continues the suspension of heightened reciprocal tariffs previously imposed on PRC imports until November 10, 2026.
The President justifies this extension by citing commitments from the PRC to cease retaliatory actions, ease export controls on critical minerals, and exponentially increase purchases of U.S. agricultural goods, all intended to remedy the national emergency declared in Executive Order 14257.
Arguments For
The action formally codifies a "historic and monumental deal" reached with the PRC, which addresses national security and economic concerns stemming from non-reciprocal trade practices.
The deal includes significant concessions from the PRC, such as postponing coercive export controls on critical minerals, addressing retaliation against US semiconductor firms, and committing to major purchases of US agricultural exports, strengthening US economic sectors.
Implementing the arrangement suspends the heightened reciprocal tariffs imposed previously (under EO 14257, as amended) until November 10, 2026, providing immediate economic relief and stability based on the negotiated terms.
The order directly supports various US interests, including reducing the trade deficit, strengthening the agricultural infrastructure, and bolstering the domestic manufacturing and defense industrial bases.
Arguments Against
Extending the suspension of heightened tariffs relies heavily on the PRC fulfilling commitments, which introduces uncertainty regarding long-term trade equity and dependency on foreign compliance.
Prior actions (EOs 14257, 14259, 14266) established emergency economic conditions; relying on a negotiated arrangement rather than unilateral enforcement might be viewed as insufficiently firm in addressing underlying national security threats.
Legislative and administrative authority underpinning previous tariff actions (like IEEPA use) may face scrutiny if the basis for the ongoing national emergency is perceived to be substantially mitigated by the temporary deal.
The arrangement grants the PRC concessions, such as extending tariff exclusion processes until late 2026, which could be seen as delaying necessary structural reforms in the US-China trade relationship.
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:
The President asserts the legal basis for issuing the order, citing constitutional powers and specific federal laws.
These laws include the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act, and provisions within the Trade Act of 1974, granting authority to regulate international economic activity during emergencies.
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 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 additional 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 raised the applicable *ad valorem* duty rate for imports of the People’s Republic of China (PRC) established in Executive Order 14257, in recognition of the PRC’s retaliation against the United States in response to the actions taken to address the emergency declared in Executive Order 14257.
Subsequently, the United States entered into discussions with the PRC to address the lack of trade reciprocity in our economic relationship and the United States’ resulting national and economic security concerns. Accordingly, in Executive Order 14298 of May 12, 2025 (Modifying Reciprocal Tariff Rates To Reflect Discussions With the People’s Republic of China), and Executive Order 14334 of August 11, 2025 (Further Modifying Reciprocal Tariff Rates To Reflect Ongoing Discussions With the People’s Republic of China), I determined that it was necessary and appropriate to address the emergency declared in Executive Order 14257 by suspending application of the heightened *ad valorem* duties imposed on the PRC under Executive Order 14257, as amended, and to instead impose on articles of the PRC an additional *ad valorem* rate of duty of 10 percent. During the suspension, the United States continued to have discussions with the PRC to address the lack of trade reciprocity in the United States’ economic relationship with the PRC and the United States’ resulting national and economic security concerns.
Following my meeting with President Xi Jinping of the People’s Republic of China on October 30, 2025, in the Republic of Korea, the United States and the PRC reached a historic and monumental deal on economic and trade relations (Kuala Lumpur Joint Arrangement or Arrangement). Under the Arrangement, the PRC has committed to, among other things, postpone and effectively eliminate the PRC’s current and proposed coercive global export controls on rare earth elements and other critical minerals, and address Chinese retaliation against United States semiconductor manufacturers and other major companies in the semiconductor supply chain. The PRC has also committed to purchase United States agricultural exports integral to the economy and general welfare of the United States, including soybeans, sorghum, and logs. And the PRC has committed to suspend or remove many retaliatory actions against the United States, including suspending tariffs on a vast swath of United States agricultural products until December 31, 2026, and extending the PRC’s market-based tariff exclusion process for United States imports until November 10, 2026.
The United States, in turn, committed to, among other things, maintain the suspension of heightened reciprocal tariffs on imports of the PRC until 12:01 a.m. eastern standard time on November 10, 2026.
In my judgment, the Arrangement will help remedy non‑reciprocal trade arrangements and address the United States’ economic and national security concerns. The Arrangement will reduce the United States’ trade deficit, boost the economy of the United States, and address the consequences of the United States’ trade deficit by, among other things, ensuring that the United States has access to materials vital to national defense, the energy sector, and other aspects of the United States’ economy and national security; strengthening the agricultural infrastructure of the United States; and strengthening the manufacturing and defense industrial base of the United States.
Accordingly, I have determined that it is necessary and appropriate to deal with the national emergency declared in Executive Order 14257 by implementing the Arrangement between the United States and the PRC. Therefore, I determine that it is necessary and appropriate to continue the suspension of the heightened reciprocal tariffs on imports of the PRC until 12:01 a.m. eastern standard time on November 10, 2026.
The Background section outlines the evolution of trade actions against the People's Republic of China (PRC).
It references previous Executive Orders that declared a national emergency concerning massive U.S. trade deficits and imposed escalating ad valorem (percentage-based) duties on PRC goods in response to trade imbalance and PRC retaliation.
Discussions led to successive modifications, temporarily suspending some heightened duties and implementing a 10 percent additional duty.
This culminated in a deal, the Kuala Lumpur Joint Arrangement, finalized after a meeting in October 2025.
Under this Arrangement, the PRC commits to specific actions, including ending coercive controls on critical minerals, addressing semiconductor retaliation, and significantly increasing purchases of U.S. agricultural products, like soybeans and sorghum.
In exchange, the U.S. agrees to maintain the suspension of the heightened reciprocal tariffs until November 10, 2026.
The President states this deal remedies non-reciprocal trade issues, reduces the trade deficit, and supports U.S. national security by securing access to vital materials and strengthening manufacturing and agriculture.
Sec. 2. Implementation. Heading 9903.01.63 and subdivision (v)(xvii)(10) of U.S. note 2 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States shall continue to be suspended until 12:01 a.m. eastern standard time on November 10, 2026.
This section provides the specific legal instruction for implementation.
It ensures that certain provisions within the Harmonized Tariff Schedule of the United States (HTSUS)—specifically those related to the tariffs subject to the national emergency—remain suspended.
This suspension of the designated tariff codes is expressly extended until November 10, 2026, at 12:01 a.m. eastern standard time.
Sec. 3. Monitoring and Recommendations. (a) The Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative, in consultation with the Secretary of State and any other officials they deem appropriate, shall continue to monitor the conditions underlying the national emergency declared in Executive Order 14257, including the United States’ trade deficit, the lack of reciprocity in our bilateral trade relationships, disparate tariff rates and non-tariff barriers, United States trading partners’ economic policies that suppress domestic wages and consumption imports, the strength of our domestic manufacturing base, the strength of our defense industrial base, and any other relevant factors. The Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative shall, from time to time, update me on the status of these conditions. In particular, the Secretary of the Treasury and the United States Trade Representative shall update me on the status and progress of the PRC’s implementation of its commitments under the Arrangement.
(b) Should the PRC fail to implement its commitments under the Arrangement, I may modify this order as necessary to deal with the emergency declared in Executive Order 14257.
(c) The Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative, in consultation with the Secretary of State, the Secretary of Homeland Security, the Assistant to the President for Economic Policy, the Senior Counselor for Trade and Manufacturing, and the Assistant to the President for National Security Affairs, 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 more effectively deal with the emergency declared in Executive Order 14257.
Section 3 establishes ongoing oversight responsibility for various key officials, including the Secretaries of Treasury and Commerce, and the U.S. Trade Representative. These officials must continue monitoring the underlying factors of the national emergency, such as trade deficits and reciprocity issues, and specifically report on the PRC's adherence to the new deal.
If the PRC fails to uphold its commitments, the President retains the authority to revoke or modify the tariff suspension.
Furthermore, specified advisors are tasked with continuously recommending further actions if they believe existing measures are insufficient to handle the emergency.
Sec. 4. Delegation. Consistent with applicable law, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative are 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 the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative, consistent with applicable law, may redelegate any of these functions within their respective department or agency. All executive departments and agencies shall take all appropriate measures within their authority to implement this order.
The President delegates the necessary authority to implement this order to the Secretaries of Treasury, Commerce, Homeland Security, and the U.S. Trade Representative. These officials are authorized to use presidential powers, including those derived from IEEPA, to create necessary rules, regulations, or guidance.
They can also redistribute these delegated responsibilities within their respective departments, and all executive bodies must cooperate in implementing 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.
This standard severability clause ensures that if a court invalidates one part of the order or its application to a specific person or situation, the rest of the order remains legally in effect for all other individuals and circumstances.
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 Office of the United States Trade Representative.
General Provisions clarify the order's legal scope.
It ensures the order does not interfere with the existing legal authorities of executive departments or the budgetary functions of the Office of Management and Budget (OMB).
The order must comply with existing law and funding availability.
Crucially, it states that the order does not create any new rights enforceable by any private party against the U.S. government.
Finally, the Office of the U.S. Trade Representative is assigned responsibility for the costs associated with publishing the order.
DONALD J. TRUMP
THE WHITE HOUSE,
November 4, 2025.
This concluding section formally documents the issuance of the order by President Donald J. Trump from the White House on November 4, 2025.