Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China

[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]

[Presidential Documents]

[Pages 9121-9124]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2025-02408]

Presidential Documents

Federal Register / Vol. 90 , No. 25 / Friday, February 7, 2025 /

Presidential Documents

[[Page 9121]]

Executive Order 14195 of February 1, 2025

Imposing Duties To Address 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.)

(NEA), 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, DONALD J. TRUMP, President of the United States of

America, find that the sustained influx of synthetic

opioids has profound consequences on our Nation,

including by killing approximately two hundred

Americans per day, putting a severe strain on our

healthcare system, ravaging our communities, and

destroying our families. Synthetic opioid overdose is

the leading cause of death for people aged 18 to 45 in

the United States.

sequences on our Nation,

including by killing approximately two hundred

Americans per day, putting a severe strain on our

healthcare system, ravaging our communities, and

destroying our families. Synthetic opioid overdose is

the leading cause of death for people aged 18 to 45 in

the United States.

During my first term, I took steps to end the direct

flow of fentanyl and other synthetic opioids from the

People's Republic of China (PRC) to the United States.

Since then, the Chinese Communist Party (CCP), which

exerts ultimate control over the government and

enterprises of the PRC, has subsidized and otherwise

incentivized PRC chemical companies to export fentanyl

and related precursor chemicals that are used to

produce synthetic opioids sold illicitly in the United

States.

Furthermore, the PRC provides support to and safe haven

for PRC-origin transnational criminal organizations

(TCOs) that launder the revenues from the production,

shipment, and sale of illicit synthetic opioids. These

PRC-origin TCOs coordinate and communicate using PRC

social media software applications in the conduct of

their business.

and safe haven

for PRC-origin transnational criminal organizations

(TCOs) that launder the revenues from the production,

shipment, and sale of illicit synthetic opioids. These

PRC-origin TCOs coordinate and communicate using PRC

social media software applications in the conduct of

their business.

Many PRC-based chemical companies also go to great

lengths to evade law enforcement and hide illicit

substances in the flow of legitimate commerce. Some of

the techniques employed by these PRC-based companies to

conceal the true contents of the parcels and the

identity of the distributors include the use of re-

shippers in the United States, false invoices,

fraudulent postage, and deceptive packaging. While more

than 500,000 pounds of drugs have been seized at the

southern border each of the last 3 fiscal years, in

addition, more than 42,000 pounds of drugs have been

seized at the northern border each year on average over

the last 3 years. Illicit drugs kill tens of thousands

of Americans each year, including 75,000 deaths per

year attributed to fentanyl alone.

The influx of these drugs to our Nation threatens the

fabric of our society. The PRC plays a central role in

this challenge, not merely by failing to stem the

ultimate source of many illicit drugs distributed in

the United States, but by actively sustaining and

expanding the business of poisoning our citizens.

The influx of these drugs to our Nation threatens the

fabric of our society. The PRC plays a central role in

this challenge, not merely by failing to stem the

ultimate source of many illicit drugs distributed in

the United States, but by actively sustaining and

expanding the business of poisoning our citizens.

The flow of contraband drugs like fentanyl to the

United States through illicit distribution networks has

created a national emergency, including a public health

crisis in the United States, as outlined in the

Presidential Memorandum of January 20, 2025 (America

First Trade Policy), Proclamation 10886 of January 20,

2025 (Declaring a National Emergency at the Southern

Border of the United States), and Executive Order 14157

of January 20,

[[Page 9122]]

2025 (Designating Cartels and Other Organizations as

Foreign Terrorist Organizations and Specially

Designated Global Terrorists).

Despite multiple attempts to resolve this crisis at its

root source through bilateral dialogue, PRC officials

have failed to follow through with the decisive actions

needed to stem the flow of precursor chemicals to known

criminal cartels and shut down the money laundering

TCOs. The PRC implements the most sophisticated

domestic surveillance network coupled with the most

comprehensive domestic law enforcement apparatus in the

world. The PRC also routinely exerts extraterritorial

reach across the globe to threaten, harass, and

suppress what it views as political dissent

TCOs. The PRC implements the most sophisticated

domestic surveillance network coupled with the most

comprehensive domestic law enforcement apparatus in the

world. The PRC also routinely exerts extraterritorial

reach across the globe to threaten, harass, and

suppress what it views as political dissent. As such,

the CCP does not lack the capacity to severely blunt

the global illicit opioid epidemic; it simply is

unwilling to do so.

Immediate action is required to address the national

emergency I declared and to finally end this emergency,

including the public health crisis caused by opioid use

and addiction, which will not happen until the full

compliance and cooperation of the PRC government is

assured.

I hereby determine and order:

Section 1. (a) As President of the United States, my

highest duty is the defense of the country and its

citizens. I will not stand by and allow our citizens to

be poisoned, our laws to be trampled, our communities

to be ravaged, or our families to be destroyed.

I previously declared a national emergency with respect

to the grave threat to the United States posed by the

influx of illegal aliens and drugs into the United

States in Proclamation 10886. Pursuant to the NEA, I

hereby expand the scope of the national emergency

declared in that proclamation to cover the failure of

the PRC government to arrest, seize, detain, or

otherwise intercept chemical precursor suppliers, money

launderers, other TCOs, criminals at large, and drugs

States in Proclamation 10886. Pursuant to the NEA, I

hereby expand the scope of the national emergency

declared in that proclamation to cover the failure of

the PRC government to arrest, seize, detain, or

otherwise intercept chemical precursor suppliers, money

launderers, other TCOs, criminals at large, and drugs.

In addition, this failure to act constitutes 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. I hereby declare and reiterate a

national emergency under the NEA and IEEPA to deal with

that threat. This national emergency requires decisive

and immediate action, and I have decided to impose,

consistent with law, ad valorem tariffs on articles

that are products of the PRC as set forth in this

order. In doing so, I invoke my authority under section

1702(a)(1)(B) of IEEPA, and specifically find that

action under other authority to impose tariffs is

inadequate to address this unusual and extraordinary

threat.

Sec. 2. (a) All articles that are products of the PRC,

as defined by the Federal Register notice described in

section 2(d) of this order (the Federal Register

notice), shall be, consistent with law, subject to an

additional 10 percent ad valorem rate of duty. Such

rate of duty shall apply with respect to goods entered

for consumption, or withdrawn from warehouse for

consumption, on or after 12:01 a.m

d in

section 2(d) of this order (the Federal Register

notice), shall be, consistent with law, subject to an

additional 10 percent ad valorem rate of duty. Such

rate of duty shall apply with respect to goods entered

for consumption, or withdrawn from warehouse for

consumption, on or after 12:01 a.m. eastern time on

February 4, 2025, except that goods entered for

consumption, or withdrawn from warehouse for

consumption, after such time that were loaded onto a

vessel at the port of loading or in transit on the

final mode of transport prior to entry into the United

States before 12:01 a.m. eastern time on February 1,

2025, shall not be subject to such additional duty,

only if the importer certifies to U.S. Customs and

Border Protection within the Department of Homeland

Security as specified in the Federal Register notice.

(b) The rates of duty established by this order are

in addition to any other duties, fees, exactions, or

charges applicable to such imported articles.

(c) Should the PRC retaliate against the United

States in response to this action through import duties

on United States exports to the PRC or similar

measures, the President may increase or expand in scope

the duties imposed under this Executive Order to ensure

the efficacy of this action.

[[Page 9123]]

(c) Should the PRC retaliate against the United

States in response to this action through import duties

on United States exports to the PRC or similar

measures, the President may increase or expand in scope

the duties imposed under this Executive Order to ensure

the efficacy of this action.

[[Page 9123]]

(d) In order to establish the duty rate on imports

of articles that are products of the PRC, the Secretary

of Homeland Security shall determine the modifications

necessary to the Harmonized Tariff Schedule of the

United States (HTSUS) in order to effectuate the

objectives of this order consistent with law and shall

make such modifications to the HTSUS through notice in

the Federal Register. The modifications made to the

HTSUS by this notice shall be effective with respect to

goods entered for consumption, or withdrawn from

warehouse for consumption, on or after 12:01 a.m.

eastern time on February 4, 2025, except as otherwise

noted in subsection 2(a) of this section, and shall

continue in effect until such actions are expressly

reduced, modified, or terminated.

(e) Articles that are products of the PRC, except

those that are eligible for admission under ``domestic

status'' as defined in 19 CFR 146.43, which are subject

to the duties imposed by this order and are admitted

into a United States foreign trade zone on or after

12:01 a.m. eastern time on February 4, 2025, except as

otherwise noted in subsection 2(a) of this section,

must be admitted as ``privileged foreign status'' as

defined in 19 CFR 146.41

subject

to the duties imposed by this order and are admitted

into a United States foreign trade zone on or after

12:01 a.m. eastern time on February 4, 2025, except as

otherwise noted in subsection 2(a) of this section,

must be admitted as ``privileged foreign status'' as

defined in 19 CFR 146.41. Such articles will be subject

upon entry for consumption to the rates of duty related

to the classification under the applicable HTSUS

subheading in effect at the time of admittance into the

United States foreign trade zone.

(f) No drawback shall be available with respect to

the duties imposed pursuant to this order.

(g) For avoidance of doubt, duty-free de minimis

treatment under 19 U.S.C. 1321 shall not be available

for the articles described in subsection (a) of this

section.

(h) Any prior Presidential Proclamation, Executive

Order, or other presidential directive or guidance

related to trade with the PRC that is inconsistent with

the direction in this order is hereby terminated,

suspended, or modified to the extent necessary to give

full effect to this order.

tion.

(h) Any prior Presidential Proclamation, Executive

Order, or other presidential directive or guidance

related to trade with the PRC that is inconsistent with

the direction in this order is hereby terminated,

suspended, or modified to the extent necessary to give

full effect to this order.

(i) The articles described in subsection (a) of

this section shall exclude those encompassed by 50

U.S.C. 1702(b).

Sec. 3. (a) The Secretary of Homeland Security shall

regularly consult with the Secretary of State, the

Attorney General, the Assistant to the President for

National Security Affairs, the Attorney General, and

the Assistant to the President for Homeland Security on

the situation regarding the PRC. The Secretary of

Homeland Security shall inform the President of any

circumstances that, in the opinion of the Secretary of

Homeland Security, indicate that the PRC government has

taken adequate steps to alleviate the opioid crisis

through cooperative actions. Upon the President's

determination of sufficient action to alleviate the

crisis, the tariffs described in section 2 of this

order will be removed.

e Secretary of

Homeland Security, indicate that the PRC government has

taken adequate steps to alleviate the opioid crisis

through cooperative actions. Upon the President's

determination of sufficient action to alleviate the

crisis, the tariffs described in section 2 of this

order will be removed.

(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 PRC fail to take

adequate steps to alleviate the illicit drug crisis

through cooperative enforcement actions.

Sec. 4. The Secretary of Homeland Security, in

consultation with the Secretary of the Treasury, the

Attorney General, and the Secretary 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. 5. The Secretary of Homeland Security, in

coordination with the Secretary of the Treasury, the

Secretary of Commerce, the Assistant to the

[[Page 9124]]

of Homeland Security. All executive departments and

agencies shall take all appropriate measures within

their authority to implement this order.

Sec. 5. The Secretary of Homeland Security, in

coordination with the Secretary of the Treasury, the

Secretary of Commerce, the Assistant to the

[[Page 9124]]

President for National Security Affairs, the Attorney

General, and the Assistant to the President for

Homeland Security, is hereby authorized to submit

recurring and final reports to the Congress on the

national emergency under IEEPA declared in this order,

consistent with section 401(c) of the NEA (50 U.S.C.

1641(c)) and section 204(c) of IEEPA (50 U.S.C.

1703(c)).

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.

(Presidential Sig.)

THE WHITE HOUSE,

February 1, 2025.

[FR Doc. 2025-02408

Filed 2-6-25; 8:45 am]

Billing code 3395-F4-P