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[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.

                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.

                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 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. 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. 
                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. 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]]

                    (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. 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.
                    (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.

                    (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]]

                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
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