Amendment to Duties To Address the Situation at Our Southern Border
Signed March 2, 2025·Donald Trump·90 FR 11371
Source
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Plain-language summary
Amends Executive Order 14194, as previously amended by Executive Order 14198, both addressing the situation at the southern border, by revising a provision on duty-free treatment for low-value imported goods. Under the revised text, duty-free de minimis treatment under 19 U.S.C. 1321 remains available for covered articles described in the earlier order, but will stop being available once the Secretary of Commerce notifies the President that adequate systems exist to fully and quickly process and collect the tariffs required under the order. The order states it does not affect existing legal authority of federal agencies or the Office of Management and Budget, must be carried out consistent with applicable law and available funding, and does not create any enforceable legal rights against the United States or its officials.
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Legal standing
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Claimed authority
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.), 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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: EO 14198, February 3, 2025; EO 14257, April 2, 2025; EO 14289, April 29, 2025; EO 14324, July 30, 2025 Amends: EO 14194, February 1, 2025
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The order, in full
Executive Order 14227 of March 2, 2025
Amendment to Duties To Address the Situation at
Our Southern 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.), 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. Amendment. Executive Order 14194 of February
1, 2025 (Imposing Duties to Address the Situation at
Our Southern Border), as amended by Executive Order
14198 of February 3, 2025 (Progress on the Situation at
Our Southern Border), is further amended by revising
section 2(g) to read as follows:
”(g) Duty-free de minimis treatment under 19
U.S.C. 1321 is available for otherwise eligible covered
articles described in subsection (a) of this section.
Such duty-free de minimis treatment shall cease to be
available for such otherwise eligible covered articles
upon notification by the Secretary of Commerce to the
President that adequate systems are in place to fully
and expeditiously process and collect tariff revenue
applicable pursuant to subsection (a) of this section
for covered articles otherwise eligible for de minimis
treatment.”
Sec. 2. 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.
(Presidential Sig.)
THE WHITE HOUSE,
March 2, 2025.Reproduced from the Federal Register plain-text record, signed March 2, 2025. Typesetting artifacts are removed; no wording is changed.