[Federal Register Volume 90, Number 214 (Friday, November 7, 2025)]
[Presidential Documents]
[Pages 50729-50731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19826]
Presidential Documents
Federal Register / Vol. 90 , No. 214 / Friday, November 7, 2025 /
Presidential Documents
[[Page 50729]]
Executive Order 14358 of November 4, 2025
Modifying Reciprocal Tariff Rates Consistent With
the Economic and Trade Arrangement Between the United
States and 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 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
[[Page 50730]]
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.
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.
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.
[[Page 50731]]
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.
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.
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.
(Presidential Sig.)
THE WHITE HOUSE,
November 4, 2025.
[FR Doc. 2025-19826
Filed 11-6-25; 8:45 am]
Billing code 3290-F8-P