[House Document 119-54]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session - - - - - - - - - - - - - House Document 119-54
DECLARING A NATIONAL EMERGENCY WITH RESPECT TO MODIFYING RECIPROCAL
TARIFF RATES TO REFLECT DISCUSSIONS WITH THE PEOPLE'S REPUBLIC OF CHINA
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
AN EXECUTIVE ORDER ON MODIFYING RECIPROCAL TARIFF RATES TO REFLECT
DISCUSSIONS WITH THE PEOPLE'S REPUBLIC OF CHINA, 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)
May 20, 2025.--Message and accompanying papers referred to the
Committees on Foreign Affairs and Ways and Means, and ordered to be
printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2025
To the Congress of the United States:
Consistent with applicable law, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 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 report
that I have issued an Executive Order on Modifying Reciprocal
Tariff Rates to Reflect Discussions with the People's Republic
of China.
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 declared a national emergency arising
from conditions reflected in large and persistent annual U.S.
goods trade deficits, and imposed additional ad valorem duties
that I deemed necessary and appropriate to deal with that
unusual and extraordinary threat, which has its source in whole
or substantial part outside the United States, to the national
security and economy of the United States. Section 4(b) of
Executive Order 14257 provided that ``[s]hould any trading
partner retaliate against the United States in response to this
action through import duties on U.S. exports or other measures,
I may further modify the [Harmonized Tariff Schedule of the
United States] to increase or expand in scope the duties
imposed under this order to ensure the efficacy of this
action.''
Since I signed Executive Order 14266 of April 9, 2025
(Modifying Reciprocal Tariff Rates To Reflect Trading Partner
Retaliation and Alignment), the United States has entered into
discussions with the People's Republic of China (PRC) to
address the lack of trade reciprocity in our economic
relationship and our resulting national and economic security
concerns. Conducting these discussions is a significant step by
the PRC toward remedying non-reciprocal trade arrangements and
addressing the concerns of the United States relating to
economic and national security matters.
As a result of this significant step, pursuant to section
4(c) of Executive Order 14257, this order modifies the
Harmonized Tariff Schedule of the United States 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 by 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, and clarified in the Presidential
Memorandum of April 11, 2025 (Clarification of Exceptions Under
Executive Order 14257 of April 2, 2025, as Amended), and to
instead impose on articles of the PRC an additional ad valorem
rate of duty as set forth in the order, pursuant to the terms
of, and except as otherwise provided in, Executive Order 14257,
as modified by this order.
My Administration will continue to consult with the
Congress on our efforts to address extraordinary and persistent
annual U.S. goods trade deficits.
I am enclosing a copy of the Executive Order I have issued.
Donald J. Trump.
The White House, May 19, 2025.
Executive Order
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Modifying Reciprocal Tariff Rates to Reflect Discussions With the
People's Republic of China
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 declared a national
emergency arising from conditions reflected in large and
persistent annual U.S. goods trade deficits, and imposed
additional ad valorem duties that I deemed necessary and
appropriate to deal with that unusual and extraordinary threat,
which has its source in whole or substantial part outside the
United States, to the national security and economy of the
United States. Section 4(b) of Executive Order 14257 provided
that ``[s]hould any trading partner retaliate against the
United States in response to this action through import duties
on U.S. exports or other measures, I may further modify the
[Harmonized Tariff Schedule of the United States] to increase
or expand in scope the duties imposed under this order to
ensure the efficacy of this action.''
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), pursuant
to section 4(b) of Executive Order 14257, 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.
Section 4(c) of Executive Order 14257 provided that,
``[s]hould any trading partner take significant steps to remedy
non-reciprocal trade arrangements and align sufficiently with
the United States on economic and national security matters, I
may further modify the HTSUS to decrease or limit in scope the
duties imposed under this order.'' Since I signed Executive
Order 14266, the United States has 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. Conducting these discussions is a
significant step by the PRC toward remedying non-reciprocal
trade arrangements and addressing the concerns of the United
States relating to economic and national security matters.
Pursuant to section 4(c) of Executive Order 14257, I have
determined that it is necessary and appropriate to address the
national emergency declared in that order 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 by Executive Order 14259
and Executive Order 14266, and clarified in the Presidential
Memorandum of April 11, 2025 (Clarification of Exceptions Under
Executive Order 14257 of April 2, 2025, as Amended), and to
instead impose on articles of the PRC an additional ad valorem
rate of duty as set forth herein, pursuant to the terms of, and
except as otherwise provided in, Executive Order 14257, as
modified by this order.
Sec. 2. Suspension of Country-Specific Ad Valorem Rate of
Duty. Effective with respect to goods entered for consumption,
or withdrawn from warehouse for consumption, on or after 12:01
a.m. eastern daylight time on May 14, 2025, all articles
imported into the customs territory of the United States from
the PRC, including Hong Kong and Macau, shall be, consistent
with law, subject to an additional ad valorem rate of duty of
10 percent subject to all applicable exceptions set forth in
Executive Order 14257 and the Presidential Memorandum of April
11, 2025. This ad valorem rate of duty of 10 percent reflects
(i) the modification of the application of the additional ad
valorem rate of duty on articles of China (including articles
of Hong Kong and Macau) set forth in Executive Order 14257, by
suspending 24 percentage points of that rate for an initial
period of 90 days, and the retention of the remaining ad
valorem rate of 10 percent on those articles pursuant to the
terms of said order; and (ii) the removal of the modified
additional ad valorem rates of duty on those articles imposed
by Executive Order 14259 and Executive Order 14266.
Sec. 3. Tariff Modifications. In recognition of the
intentions of the PRC to facilitate addressing the national
emergency declared in Executive Order 14257, the 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 daylight time on May 14, 2025:
(a) heading 9903.01.25 of the HTSUS shall be amended by
deleting the article description and by inserting ``Articles
the product of any country, except for products described in
headings 9903.01.26-903.01.33, and except as provided for in
heading 9903.01.34, as provided for in subdivision (v) of U.S.
note 2 to this subchapter . . .'' in lieu thereof;
(b) heading 9903.01.63 of the HTSUS shall be amended by
deleting ``125%'' each place that it appears and by inserting
``34%'' in lieu thereof;
(c) subdivision (v)(xiii)(10) of U.S. note 2 to subchapter
III of chapter 99 of the HTSUS shall be amended by deleting
``125%'', and by inserting ``34%'' in lieu thereof; and
(d) heading 9903.01.63 and subdivision (v)(xiii)(10) of
U.S. note 2 to subchapter III of chapter 99 of the HTSUS are
hereby suspended for a period of 90 days beginning at 12:01
a.m. eastern daylight time on May 14, 2025.
Sec. 4. De Minimis Tariff Decrease. To ensure that the
reduction in duties pursuant to section 2 of this order is made
fully effective and the purpose of Executive Order 14257, as
amended, is not undermined, I also deem it necessary and
appropriate to:
(a) decrease the ad valorem rate of duty set forth in
section 2(c)(i) of Executive Order 14256 of April 2, 2025
(Further Amendment to Duties Addressing the Synthetic Opioid
Supply Chain in the People's Republic of China as Applied to
Low-Value Imports), as modified by Executive Order 14259 and
Executive Order 14266, from 120 percent to 54 percent;
(b) retain in effect the per postal item containing goods
duty of 100 dollars in section 2(c)(ii) of Executive Order
14256, as modified by Executive Order 14259 and Executive Order
14266, that has been in effect since 12:01 a.m. eastern
daylight time on May 2, 2025, unless and until otherwise
modified by a subsequent executive action, notwithstanding the
increase contemplated effective June 1, 2025, pursuant to
Executive Order 14256, as modified by Executive Order 14259 and
Executive Order 14266; and
(c) modify the HTSUS, effective with respect to goods
entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time on
May 14, 2025, as follows:
(i) subdivision (w) of U.S. note 2 to subchapter III
of chapter 99 of the HTSUS shall be amended by deleting
``120 percent'', and by inserting ``54 percent'' in
lieu thereof; and
(ii) subdivision (w) of U.S. note 2 to subchapter III
of chapter 99 of the HTSUS shall be amended by deleting
``, and before 12:01 a.m. eastern daylight time on June
1, 2025. For merchandise entered for consumption on or
after 12:01 a.m. eastern daylight time on June 1, 2025,
the applicable specific duty rate is $200 per postal
item containing such goods.''
Sec. 5. 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, and the
Chair of the United States International Trade Commission, 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. 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.
(d) The costs for publication of this order shall be borne
by the Department of Commerce.
Donald J. Trump.
The White House, May 12, 2025.