[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Presidential Documents]
[Pages 21831-21834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09297]
[[Page 21829]]
Vol. 90
Wednesday,
No. 97
May 21, 2025
Part II
The President
-----------------------------------------------------------------------
Executive Order 14298--Modifying Reciprocal Tariff Rates To Reflect
Discussions With the People's Republic of China
Presidential Documents
Federal Register / Vol. 90 , No. 97 / Wednesday, May 21, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 21831]]
Executive Order 14298 of May 12, 2025
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
[[Page 21832]]
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-
9903.01.33, 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
[[Page 21833]]
(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.
[[Page 21834]]
(d) The costs for publication of this order shall
be borne by the Department of Commerce.
(Presidential Sig.)
THE WHITE HOUSE,
May 12, 2025.
[FR Doc. 2025-09297
Filed 5-20-25; 11:15 am]
Billing code 3510-DT-P