in effect
This is Executive Order 14195, signed February 1, 2025, in which the President invokes emergency economic powers (IEEPA, the National Emergencies Act, and the Trade Act of 1974) to impose new import tariffs on goods from China (the PRC). It states the purpose is to pressure the PRC government to do more to stop the flow of fentanyl, synthetic opioids, and their precursor chemicals into the United States, and it expands an existing declared national emergency to cover that stated failure to act.
It adds a 10 percent tariff (an “ad valorem” duty, meaning a percentage of the item’s value) on all articles that are products of the PRC, on top of any duties or fees those goods already carry. The tariff applies to goods entering the U.S. for consumption at or after 12:01 a.m. Eastern on February 4, 2025, with a narrow exception for goods already loaded onto their final transport before 12:01 a.m. Eastern on February 1, 2025, if the importer certifies that to Customs. The order also removes two common ways to reduce these costs: no duty “drawback” (refunds) is available, and the “de minimis” exemption for low-value shipments does not apply to these goods. It directs the Secretary of Homeland Security to update the official U.S. tariff schedule (the HTSUS) to carry this out, says the President may raise or broaden the tariffs if the PRC retaliates, and says the tariffs will be removed once the President determines the PRC has taken sufficient action.
U.S. importers of Chinese-made goods bear the new duty directly and must handle the customs certification and foreign-trade-zone rules the order sets. Chinese exporters and chemical companies are the target of the pressure, and U.S. agencies—led by the Department of Homeland Security, in coordination with State, Treasury, Commerce, and the Attorney General—are tasked with implementing, monitoring, and reporting to Congress on the measure.