[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Presidential Documents]
[Pages 37957-37962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14999]
[[Page 37955]]
Vol. 90
Wednesday,
No. 149
August 6, 2025
Part II
The President
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Executive Order 14325--Amendment to Duties To Address the Flow of
Illicit Drugs Across Our Northern Border
Executive Order 14326--Further Modifying the Reciprocal Tariff Rates
Executive Order 14327--President's Council on Sports, Fitness, and
Nutrition, and the Reestablishment of the Presidential Fitness Test
Presidential Documents
Federal Register / Vol. 90 , No. 149 / Wednesday, August 6, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 37957]]
Executive Order 14325 of July 31, 2025
Amendment to Duties To Address the Flow of
Illicit Drugs Across Our Northern Border
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 14193 of
February 1, 2025 (Imposing Duties To Address the Flow
of Illicit Drugs Across Our Northern Border), I
declared a national emergency arising from certain
conditions, including the public health crisis caused
by fentanyl and other illicit drugs, and the failure of
Canada to do more to arrest, seize, detain, or
otherwise intercept drug trafficking organizations,
other drug or human traffickers, criminals at large,
and illicit drugs. In that order, I found that those
conditions constitute an unusual and extraordinary
threat, which has its source in substantial part
outside the United States, to the national security,
foreign policy, and economy of the United States.
To deal with the emergency declared in Executive Order
14193, I imposed an additional ad valorem rate of duty
of 25 percent on certain articles that are products of
Canada and an additional ad valorem rate of duty of 10
percent on certain energy or energy resources that are
products of Canada. In Executive Order 14231 of March
6, 2025 (Amendment to Duties To Address the Flow of
Illicit Drugs Across Our Northern Border), I provided
that the additional ad valorem rates of duties under
Executive Order 14193 do not apply to articles that are
products of Canada that qualify for duty-free entry
under the Agreement between the United States of
America, United Mexican States, and Canada (USMCA), and
I reduced the additional ad valorem rate of duty on
potash from 25 percent to 10 percent.
Section 2(d) of Executive Order 14193 provides that
``[s]hould Canada retaliate against the United States .
. . through import duties on United States exports to
Canada or similar measures,'' I ``may increase or
expand in scope the duties imposed . . . to ensure the
efficacy of th[e] action'' taken in Executive Order
14193. Section 3(b) of Executive Order 14193 provides
that the Secretary of Homeland Security, in
coordination with other senior officials, ``shall
recommend additional action, if necessary, should the
Government of Canada fail to take adequate steps to
alleviate the illegal migration and illicit drug crises
through cooperative enforcement actions.''
I have received additional information and
recommendations from various senior officials
regarding, among other things, Canada's lack of
cooperation in stemming the flood of fentanyl and other
illicit drugs across our northern border--including its
failure to devote satisfactory resources to arrest,
seize, detain, or otherwise intercept drug trafficking
organizations, other drug or human traffickers,
criminals at large, and illicit drugs--and Canada's
efforts to retaliate against the United States in
response to Executive Order 14193, as amended. After
considering the additional information and
recommendations that I have received, among other
things, I have determined that, for the products of
Canada that are subject to the additional ad valorem
rate of duty of 25 percent, the additional ad valorem
rate of duty shall increase from 25 percent to 35
percent. In my judgment, this action is
[[Page 37958]]
necessary and appropriate to deal with the emergency
declared in Executive Order 14193.
Sec. 2. Implementation. (a) All articles that are
subject to the additional ad valorem rate of duty of 25
percent under Executive Order 14193, as amended, shall
instead be subject to an additional ad valorem rate of
duty of 35 percent. Accordingly, the Harmonized Tariff
Schedule of the United States (HTSUS) shall be modified
as provided in the Annex to this order.
(b) The changes set forth herein shall be 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 August 1, 2025.
(c) Nothing in this order shall be construed to
alter or otherwise affect section 2(b) of Executive
Order 14193 or section 2(a) or section 2(b) of
Executive Order 14231.
(d) The stacking rules set out in Executive Order
14289 of April 29, 2025 (Addressing Certain Tariffs on
Imported Articles), and any subsequent order or
proclamation addressing stacking of tariffs imposed
under IEEPA, shall continue to apply to goods that are
subject to subsection (a) of this section.
(e) 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 may make such modifications through
notice in the Federal Register.
Sec. 3. Transshipment. (a) All articles of Canada that
do not qualify as originating under USMCA and are
determined by U.S. Customs and Border Protection (CBP)
to have been transshipped to evade applicable duties
under section 2 of this order shall be subject to (i)
an additional ad valorem rate of duty of 40 percent, in
lieu of the additional ad valorem rate of duty
applicable under section 2 of this order to goods of
the country of origin; (ii) any other applicable or
appropriate fine or penalty, including those assessed
under 19 U.S.C. 1592; and (iii) any other United States
duties, fees, taxes, exactions, or charges applicable
to goods of the country of origin. CBP shall not allow,
consistent with applicable law, for mitigation or
remission of the penalties assessed on imports found to
be transshipped to evade applicable duties.
(b) The Secretary of Commerce and the Secretary of
Homeland Security, acting through the Commissioner of
CBP, in consultation with the United States Trade
Representative, shall publish every 6 months a list of
countries and specific facilities used in circumvention
schemes, to inform public procurement, national
security reviews, and commercial due diligence.
Sec. 4. Monitoring and Recommendations. (a) The
Secretary of Homeland Security shall continue to
monitor, and regularly consult 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, on
the situation at our northern border. The Secretary of
Homeland Security shall inform the President of any
circumstances that, in her opinion, might indicate the
need for further action by the President. The Secretary
of Homeland Security shall also inform the President of
any circumstance that, in her opinion, might indicate
that the Government of Canada has taken adequate steps
to alleviate the emergency declared in Executive Order
14193.
(b) The Secretary of Homeland Security, in
coordination 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 recommend additional
action, if necessary, should the Government of Canada
fail to take adequate steps to alleviate the illicit
drug crisis or should the Government of Canada
retaliate against the United States in response to the
actions taken in Executive Order 14193 or any
subsequent order issued to address the emergency
declared in Executive Order 14193.
Sec. 5. Delegation. The Secretary of Homeland Security,
in consultation with the Secretary of the Treasury, the
Attorney General, and the Secretary
[[Page 37959]]
of Commerce, is hereby 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. The Secretary of
Homeland Security may, consistent with applicable law,
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.
Sec. 6. 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.
Sec. 7. 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.
(Presidential Sig.)
THE WHITE HOUSE,
July 31, 2025.
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[FR Doc. 2025-14999
Filed 8-5-25; 11:15 am]
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