[House Document 119-35]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session - - - - - - - - - - - - - House Document 119-35
FURTHUR AMENDMENT TO DUTIES ADDRESSING
THE SYNTHETIC OPIOID SUPPLY CHAIN IN THE
PEOPLE'S REPUBLIC OF CHINA AS APPLIED TO
LOW-VALUE IMPORTS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A NOTIFICATION THAT A NATIONAL EMERGENCY WITH RESPECT
TO EXECUTIVE ORDER 14195 OF FEBRUARY 1, 2025, AS AMEND-
ED, IS EXPANDED WITH THE ISSUANCE OF A FURTHER EXECU-
TIVE ORDER REVOKING THE AVAILABILITY OF DUTY-FREE
TREATMENT FOR LOW-VALUE GOODS FROM THE PEOPLE'S RE-
PUBLIC OF CHINA, INCLUDING POSTAL SHIPMENTS, PURSUANT
TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91 STAT.
1627) AND 50 U.S.C. 1641(b); PUBLIC LAW 94-412, SEC. 401(b); (90
STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 7, 2025.--Referred jointly to the Committee on Foreign Affairs
and Ways and Means, and ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2025
The White House,
Washington, April 2, 2025.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with applicable law, including
the National Emergencies Act (50 U.S.C. 1621) and the
International Emergency Economic Powers Act (50 U.S.C. 1701), I
am providing notice of certain actions I have taken to address
the continuing threat posed by the synthetic opioid supply
chain originating in the People's Republic of China (PRC). As
reflected in the Executive Orders described below, the
sustained influx of synthetic opioids--including fentanyl--and
related precursor chemicals from the PRC continues to endanger
the health and safety of Americans and represents an ongoing
national emergency.
Executive Order 14195 of February 1, 2025 (Imposing Duties
to Address the Synthetic Opioid Supply Chain in the People's
Republic of China), as amended by Executive Order 14200 of
February 5, 2025 (Amendment to Duties Addressing the Synthetic
Opioid Supply Chain in the People's Republic of China), and
Executive Order 14228 of March 3, 2025 (Further Amendment to
Duties Addressing the Synthetic Opioid Supply Chain in the
People's Republic of China), imposed and expanded ad valorem
tariffs on imports from the PRC in response to the PRC
government's failure to take adequate steps to address the
illicit drug crisis. In Executive Order 14200, I provided that
duty-free de minimis treatment for PRC-origin products under
section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) would
remain available only until the Secretary of Commerce certified
that adequate systems were in place to fully and expediently
process and collect tariff revenue on such goods.
On the basis of that certification, I have now issued a
further Executive Order revoking the availability of duty-free
treatment for low-value goods from the PRC, including postal
shipments. This order requires that such imports previously
eligible for de minimis treatment will be subject to all
applicable duties which shall be paid in accordance with
applicable entry and payment procedures. Articles sent to the
United States through the international postal network shall be
subject to either an ad valorem or specific duty, depending on
the selection of the carrier. The order authorizes U.S. Customs
and Border Protection (CBP) to enforce this requirement by
collecting duties directly from international carriers
transporting postal packages into the United States from the
PRC and Hong Kong. Carriers will be required to report volume
and value data and hold appropriate bonds to ensure remittance
of duties. CBP is further authorized to require formal entry
for any shipment it determines necessary to ensure compliance.
These changes are necessary to address the ongoing role
that deceptive low-value shipments from the PRC play in
facilitating the entry of synthetic opioids and to close the
enforcement gap caused by the de minimis exemption. The order
is tailored to minimize disruption in legitimate international
mail operations while restoring tariff integrity and enhancing
national security.
My Administration will continue to consult with the
Congress on our efforts to address the influx of illegal drugs
into our communities. As described in these Executive Orders,
the Secretary of Homeland Security, in coordination with the
Secretary of the Treasury, the Attorney General, the Secretary
of Commerce, the Assistant to the President for National
Security Affairs, and the Assistant to the President for
Homeland Security, is authorized to submit recurring and final
reports to the Congress on this national emergency.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
----------
Further Amendment to Duties Addressing the Synthetic
Opioid Supply Chain in the People's Republic of China as
Applied to Low-Value Imports
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, it is hereby ordered:
Section 1. Purpose. Many shippers based in the People's
Republic of China (PRC) hide illicit substances and conceal the
true contents of shipments sent to the United States through
deceptive shipping practices. These shippers often avoid
detection due to administration of the de minimis exemption
under section 321(a)(2)(C) of the Tariff Act of 1930, as
amended (19 U.S.C. 1321(a)(2)(C)).
As noted in Executive Order 14195 of February 1, 2025
(Imposing Duties to Address the Synthetic Opioid Supply Chain
in the People's Republic of China), as amended by Executive
Order 14228 of March 3, 2025 (Further Amendment to Duties
Addressing the Synthetic Opioid Supply Chain in the People's
Republic of China), these exports play a significant role in
the synthetic opioid crisis in the United States. In Executive
Order 14200 of February 5, 2025 (Amendment to Duties Addressing
the Synthetic Opioid Supply Chain in the People's Republic of
China), I suspended the elimination of duty-free de minimis
treatment on articles described in section 2(a) of Executive
Order 14195.
The Secretary of Commerce has notified me that adequate
systems are now in place to process and collect tariff revenue
for covered goods from the PRC otherwise eligible for duty-free
de minimis treatment under 19 U.S.C. 1321(a)(2)(C).
Accordingly, duty-free de minimis treatment under 19 U.S.C.
1321(a)(2)(C) shall no longer be available for products of the
PRC (which include products of Hong Kong) described in section
2(a) of Executive Order 14195, as amended by Executive Order
14228, including international postal packages sent to the
United States through the international postal network from the
PRC or Hong Kong, that are entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 am
eastern daylight time on May 2, 2025. Additional duties for
such imported merchandise shall be collected at the rates
described in this order.
Sec. 2. Assessment of Duties on Low-Value Products of the
PRC. (a) Other than articles sent to the United States through
the international postal network (for which a duty is
separately provided as described in subsections (b) and (c) of
this section), all shipments of articles described in section
2(a) of Executive Order 14195, as amended by Executive Order
14228, that are products of the PRC or Hong Kong; that are sent
to the United States; that are valued at or under 800 dollars
and that would otherwise qualify for the de minimis exemption
authorized in 19 U.S.C. 1321(a)(2)(C); and that are entered for
consumption, or withdrawn from warehouse for consumption, on or
after 12:01 am eastern daylight time on May 2, 2025, shall be
entered by a party qualified to make entry under another
appropriate entry type in the Automated Commercial Environment
(ACE) operated by U.S. Customs and Border Protection (CBP) of
the Department of Homeland Security, with all applicable
duties, including those imposed by section 2(a) of Executive
Order 14195, as amended by Executive Order 14228, and paid in
accordance with the applicable entry and payment procedures.
Executive departments and agencies, including the Department of
Homeland Security, through CBP, shall take all necessary
actions to effectuate the objectives of this order, consistent
with applicable law, including through temporary suspension or
amendment of regulations, or notices in the Federal Register.
The United States International Trade Commission shall continue
to act ministerially by modifying the Harmonized Tariff
Schedule of the United States (HTSUS), as needed, to reflect
the actions set out in this order.
(b) Imposition of Duty.
(i) All postal items containing goods described in
section 2(a) of Executive Order 14195 and sent to the
United States through the international postal network
from the PRC or Hong Kong and transported by carriers
that are valued at or under 800 dollars and that would
otherwise qualify for the de minimis exemption
authorized in 19 U.S.C. 1321(a)(2)(C) shall be subject
to the duties described in subsection (c) of this
section. In order to address the threat of the PRC 's
failure to act to blunt the sustained influx of
synthetic opioids into the United States, while
allowing for the orderly flow of legitimate
international mail, the duties imposed in subsection
(c) of this section, except as required by applicable
law, are imposed in lieu of any other duties that the
shipments would otherwise be subject to, including the
20 percent ad valorem duty established in Executive
Order 14195, as amended by Executive Order 14228; most-
favored nation rates embodied in the HTSUS; and duties
imposed pursuant to section 301 of the Trade Act of
1974.
(ii) CBP is authorized to require the carrier
transporting the international postal package into the
United States to remit payment of the duty described in
subsection (c) of this section to CBP monthly or on
such other periodic time frame as CBP determines
appropriate, and CBP may issue regulations and guidance
as necessary or appropriate to implement and enforce
this requirement.
(iii) All carriers that transport international
postal packages from the PRC or Hong Kong to the United
States as part of or on behalf of the international
postal network must report to CBP the total number of
postal items containing goods and, if electing the duty
rate specified in subsection (c)(i) of this section,
the value of each postal item containing goods,
transported per conveyance, in a timeframe and manner
prescribed by CBP. CBP may require submission of
documentation and information from the carrier to
verify the total number and value of individual postal
items containing goods to be electronically transmitted
through the ACE.
(c) Duty Rates. Transportation carriers delivering
shipments to the United States from the PRC or Hong Kong sent
through the international postal network must collect and remit
duties to CBP under the approach outlined in either subsection
(c)(i) or subsection (c)(ii) of this section. Transportation
carriers must apply the same duty collection methodology to all
shipments; however, transportation carriers may change their
collection methodology once a month or on such other periodic
timeframe as CBP determines appropriate, upon providing 24-hour
notice to CBP.
(i) Ad Valorem Duty. 30 percent of the value of the
postal item containing goods for merchandise entered
for consumption on or after 12:01 am eastern daylight
time on May 2, 2025.
(ii) Specific Duty. 25 dollars per postal item
containing goods for merchandise entered for
consumption on or after 12:01 am eastern daylight time
on May 2, 2025, and before 12:01 am eastern daylight
time on June 1, 2025, and 50 dollars per postal item
containing goods for merchandise entered for
consumption on or after 12:01 am eastern daylight time
on June 1, 2025.
(d) Bond Requirement. Any carrier that transports
international postal items containing goods from the PRC or
Hong Kong to the United States, by any mode of transportation,
must have an international carrier bond to ensure payment of
the duty described in subsections (b) and (c) of this section.
CBP is authorized to ensure that the international carrier
bonds required by this subsection are sufficient to account for
the duty described in subsections (b) and (c) of this section.
(e) Discretion to Require Formal Entry. CBP may require
formal entry, in accordance with existing regulations, for any
international postal package that may otherwise be subject to
the duty described in subsections (b) and (c) of this section.
An international postal package for which CBP requires formal
entry will not be subject to the duty described in subsections
(b) and (c) of this section, and instead will be subject to all
applicable duties, taxes, and fees in accordance with all
applicable laws.
Sec. 3. Implementation of Duty. The Secretary of Homeland
Security is directed to take all necessary actions to implement
this order. Consistent with section 4 of Executive Order 14195,
the Secretary of Homeland Security, in consultation with the
Secretary of the Treasury, the Attorney General, and the
Secretary of Commerce, is 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.
Sec. 4. Homeland Security Authorities. Nothing in this
order limits the ability of the Department of Homeland Security
to use any available legal authorities granted to ensure
compliance with the provisions of this order.
Sec. 5. Monitoring. Within 90 days of the date of this
order, the Secretary of Commerce, in consultation with the
United States Trade Representative, shall submit a report to
the President regarding the impact of this order on American
industries, consumers, and supply chains and making
recommendations for further action as he deems necessary,
including a recommendation on whether extending de minimis
ineligibilitly to packages from Macau is necessary to prevent
circumvention of this order.
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.
Donald J. Trump.
The White House, April 2, 2025.
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