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Executive Order 14357
Modifying Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China
Signed November 4, 2025, printed at 90 FR 50725. 4 sections of substance, 1,279 words.
This order changes the tax on Chinese goods once more. It adjusts the rate.
Sec. 1. Background
In Executive Order 14195 of February 1, 2025 (Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China), I found 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 constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States that has its source in substantial part outside the United States. I declared a national emergency with respect to that threat, and to deal with that threat, I imposed an additional ad valorem rate of duty of 10 percent 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. In Executive Order 14228 of March 3, 2025 (Further Amendment
In Executive Order 14195 of February 1, 2025 (Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China), I found 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 constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States that has its source in substantial part outside the United States. I declared a national emergency with respect to that threat, and to deal with that threat, I imposed an additional ad valorem rate of duty of 10 percent 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. In Executive Order 14228 of March 3, 2025 (Further Amendment
This recalls a February order. That order blamed China for the flow of fentanyl here. Other synthetic opioids are covered. It called that an unusual threat. It said the source lay largely abroad. It declared an emergency. It put an added 10 percent duty on Chinese goods. A March order then changed that rate.
Sec. 2. Implementation
(a) All articles that are subject to the additional ad valorem rate of duty of 20 percent under Executive Order 14195, as amended, shall instead be subject to an additional ad valorem rate of duty of 10 percent. Accordingly, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) shall be modified as follows: Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 10, 2025: [[Page 50726]] (i) heading 9903.01.24 is amended by deleting ``20%'' each place that it appears and inserting ``10%'' in lieu thereof and by deleting ``or U.S. note 2(w) to this subchapter''; and (ii) subdivision (u) of U.S. note 2 is modified by deleting ``20%'' and inserting ``10%'' in lieu thereof and by deleting ``March 4, 2025'' and inserting ``November 10, 2025'' in lieu
(a) All articles that are subject to the additional ad valorem rate of duty of 20 percent under Executive Order 14195, as amended, shall instead be subject to an additional ad valorem rate of duty of 10 percent. Accordingly, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) shall be modified as follows: Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 10, 2025: [[Page 50726]] (i) heading 9903.01.24 is amended by deleting ``20%'' each place that it appears and inserting ``10%'' in lieu thereof and by deleting ``or U.S. note 2(w) to this subchapter''; and (ii) subdivision (u) of U.S. note 2 is modified by deleting ``20%'' and inserting ``10%'' in lieu thereof and by deleting ``March 4, 2025'' and inserting ``November 10, 2025'' in lieu
This cuts the duty back. Goods paying 20 percent now pay 10 percent. The tariff schedule changes to match. Two entries are rewritten. Each mention of 20 percent becomes 10 percent. One cross reference is dropped. A date is moved to November 10, 2025. Goods entered for use from that day pay the lower rate.
Sec. 3. Monitoring and Recommendations
(a) The Secretary of Homeland Security, in consultation with the Secretary of State, the Secretary of the Treasury, and any other officials the Secretary of Homeland Security deems appropriate, shall continue to monitor the conditions underlying the national emergency declared in Executive Order 14195, including the status and progress of the PRC's implementation of its commitments to alleviate the national emergency declared in Executive Order 14195, and any other relevant factors. The Secretary of Homeland Security shall, from time to time, update me on the status of these conditions. Should the PRC fail to implement its commitments as described in section 1 of this order, I may modify this order as necessary to deal with the emergency declared in Executive Order 14195. (b) The Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, the
(a) The Secretary of Homeland Security, in consultation with the Secretary of State, the Secretary of the Treasury, and any other officials the Secretary of Homeland Security deems appropriate, shall continue to monitor the conditions underlying the national emergency declared in Executive Order 14195, including the status and progress of the PRC's implementation of its commitments to alleviate the national emergency declared in Executive Order 14195, and any other relevant factors. The Secretary of Homeland Security shall, from time to time, update me on the status of these conditions. Should the PRC fail to implement its commitments as described in section 1 of this order, I may modify this order as necessary to deal with the emergency declared in Executive Order 14195. (b) The Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, the
This sets up watching. Homeland Security must track the emergency. State and Treasury are consulted. Other officials may be too. It must follow how China keeps its promises. Updates go to the President from time to time. If China does not follow through, the order may change. Justice joins the group for further work.
Sec. 4. Delegation
Consistent with applicable law, the Secretary of Homeland Security is directed and authorized to take such actions, including adopting rules, regulations, or guidance, and to employ all powers granted to the President, including those granted by IEEPA, as may be necessary to implement and effectuate this order. The Secretary of Homeland Security, consistent with applicable law, may 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.
Consistent with applicable law, the Secretary of Homeland Security is directed and authorized to take such actions, including adopting rules, regulations, or guidance, and to employ all powers granted to the President, including those granted by IEEPA, as may be necessary to implement and effectuate this order. The Secretary of Homeland Security, consistent with applicable law, may 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.
This says who may act. Homeland Security carries the order out. It may write rules. It may issue guidance. It may use the emergency powers law. It may pass the work to its own staff. All agencies must help where they can. Every step must fit the law.
Sec. 5. Severability
Every order carries this. It is not what the order does.
If any provision of this order, or the application of any provision of this order to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other individuals or circumstances shall not be affected.
If any provision of this order, or the application of any provision of this order to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other individuals or circumstances shall not be affected.
This is the standard severability clause. If a court strikes down part of the order, the rest still stands.
Sec. 6. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or 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. [[Page 50727]] (d) The costs for publication of this order shall be borne by the Department of Homeland Security. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE,
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or 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. [[Page 50727]] (d) The costs for publication of this order shall be borne by the Department of Homeland Security. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE,
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
How this order is quoted
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