Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China
Signed March 3, 2025·Donald Trump·90 FR 11463
Source
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Plain-language summary
Amends Executive Order 14195, which had imposed tariffs on Chinese goods over the flow of synthetic opioids like fentanyl into the United States, by raising the ad valorem tariff rate on products of the People's Republic of China from 10 percent to 20 percent. The order states this change follows a determination that the Chinese government has not taken adequate steps to curb the illicit drug crisis through cooperative enforcement, and that the situation described in the earlier order has not improved. It relies on the same legal authorities cited in Executive Order 14195, including the International Emergency Economic Powers Act, the National Emergencies Act, and provisions of the Trade Act of 1974. The order notes it does not alter existing agency authorities or budgetary functions, must be carried out consistent with applicable law and available funding, and does not create any new enforceable legal rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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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.) (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
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 14200, February 5, 2025; EO 14256, April 2, 2025 Amends: EO 14195, February 1, 2025
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The order, in full
Executive Order 14228 of March 3, 2025
Further Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in 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. With Executive Order 14195 of
February 1, 2025 (Imposing Duties to Address the
Synthetic Opioid Supply Chain in the People's Republic
of China), I determined that the failure of the
Government of the People's Republic of China (PRC) to
act to blunt the sustained influx of synthetic opioids,
including fentanyl, flowing from the PRC to the United
States constituted 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 address
that threat, I invoked my authority under section
1702(a)(1)(B) of IEEPA to impose ad valorem tariffs on
articles that are products of the PRC, as defined by
the Federal Register notice described in section 2(d)
of Executive Order 14195, as amended by Executive Order
14200 of February 5, 2025 (Amendment to Duties
Addressing the Synthetic Opioid Supply Chain in the
People's Republic of China).
Pursuant to section 3 of Executive Order 14195, I have
determined that the PRC has not taken adequate steps to
alleviate the illicit drug crisis through cooperative
enforcement actions, and that the crisis described in
Executive Order 14195 has not abated.
Sec. 2. Amendment. In recognition of the fact that the
PRC has not taken adequate steps to alleviate the
illicit drug crisis, section 2(a) of Executive Order
14195 is hereby amended by striking the words “10
percent” and inserting in lieu thereof the words “20
percent”.
Sec. 3. 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 3, 2025.Reproduced from the Federal Register plain-text record, signed March 3, 2025. Typesetting artifacts are removed; no wording is changed.