[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Presidential Documents]
[Pages 14899-14902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06027]
Presidential Documents
Federal Register / Vol. 90, No. 65 / Monday, April 7, 2025 /
Presidential Documents
[[Page 14899]]
Executive Order 14256 of April 2, 2025
Further Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the People's Republic
of China as Applied to Low-Value Imports
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, it is hereby ordered:
Section 1. Purpose. Many shippers based in the People's
Republic of China (PRC) hide illicit substances and
conceal the true contents of shipments sent to the
United States through deceptive shipping practices.
These shippers often avoid detection due to
administration of the de minimis exemption under
section 321(a)(2)(C) of the Tariff Act of 1930, as
amended (19 U.S.C. 1321(a)(2)(C)).
As noted in Executive Order 14195 of February 1, 2025
(Imposing Duties to Address the Synthetic Opioid Supply
Chain in the People's Republic of China), as amended by
Executive Order 14228 of March 3, 2025 (Further
Amendment to Duties Addressing the Synthetic Opioid
Supply Chain in the People's Republic of China), these
exports play a significant role in the synthetic opioid
crisis in the United States. In Executive Order 14200
of February 5, 2025 (Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the People's Republic
of China), I suspended the elimination of duty-free de
minimis treatment on articles described in section 2(a)
of Executive Order 14195. The Secretary of Commerce has
notified me that adequate systems are now in place to
process and collect tariff revenue for covered goods
from the PRC otherwise eligible for duty-free de
minimis treatment under 19 U.S.C. 1321(a)(2)(C).
Accordingly, duty-free de minimis treatment under 19
U.S.C. 1321(a)(2)(C) shall no longer be available for
products of the PRC (which include products of Hong
Kong) described in section 2(a) of Executive Order
14195, as amended by Executive Order 14228, including
international postal packages sent to the United States
through the international postal network from the PRC
or Hong Kong, that are entered for consumption, or
withdrawn from warehouse for consumption, on or after
12:01 am eastern daylight time on May 2, 2025.
Additional duties for such imported merchandise shall
be collected at the rates described in this order.
Sec. 2. Assessment of Duties on Low-Value Products of
the PRC. (a) Other than articles sent to the United
States through the international postal network (for
which a duty is separately provided as described in
subsections (b) and (c) of this section), all shipments
of articles described in section 2(a) of Executive
Order 14195, as amended by Executive Order 14228, that
are products of the PRC or Hong Kong; that are sent to
the United States; that are valued at or under 800
dollars and that would otherwise qualify for the de
minimis exemption authorized in 19 U.S.C.
1321(a)(2)(C); and that are entered for consumption, or
withdrawn from warehouse for consumption, on or after
12:01 am eastern daylight time on May 2, 2025, shall be
entered by a party qualified to make entry under
another appropriate entry type in the Automated
Commercial Environment (ACE) operated by U.S. Customs
and Border Protection (CBP) of the Department of
Homeland
[[Page 14900]]
Security, with all applicable duties, including those
imposed by section 2(a) of Executive Order 14195, as
amended by Executive Order 14228, and paid in
accordance with the applicable entry and payment
procedures. Executive departments and agencies,
including the Department of Homeland Security, through
CBP, shall take all necessary actions to effectuate the
objectives of this order, consistent with applicable
law, including through temporary suspension or
amendment of regulations or notices in the Federal
Register. The United States International Trade
Commission shall continue to act ministerially by
modifying the Harmonized Tariff Schedule of the United
States (HTSUS), as needed, to reflect the actions set
out in this order.
(b) Imposition of Duty.
(i) All postal items containing goods described in section 2(a) of
Executive Order 14195 and sent to the United States through the
international postal network from the PRC or Hong Kong and transported by
carriers that are valued at or under 800 dollars and that would otherwise
qualify for the de minimis exemption authorized in 19 U.S.C. 1321(a)(2)(C)
shall be subject to the duties described in subsection (c) of this section.
In order to address the threat of the PRC's failure to act to blunt the
sustained influx of synthetic opioids into the United States, while
allowing for the orderly flow of legitimate international mail, the duties
imposed in subsection (c) of this section, except as required by applicable
law, are imposed in lieu of any other duties that the shipments would
otherwise be subject to, including the 20 percent ad valorem duty
established in Executive Order 14195, as amended by Executive Order 14228;
most-favored nation rates embodied in the HTSUS; and duties imposed
pursuant to section 301 of the Trade Act of 1974.
(ii) CBP is authorized to require the carrier transporting the
international postal package into the United States to remit payment of the
duty described in subsection (c) of this section to CBP monthly or on such
other periodic time frame as CBP determines appropriate, and CBP may issue
regulations and guidance as necessary or appropriate to implement and
enforce this requirement.
(iii) All carriers that transport international postal packages from the
PRC or Hong Kong to the United States as part of or on behalf of the
international postal network must report to CBP the total number of postal
items containing goods and, if electing the duty rate specified in
subsection (c)(i) of this section, the value of each postal item containing
goods, transported per conveyance, in a timeframe and manner prescribed by
CBP. CBP may require submission of documentation and information from the
carrier to verify the total number and value of individual postal items
containing goods to be electronically transmitted through the ACE.
(c) Duty Rates. Transportation carriers delivering
shipments to the United States from the PRC or Hong
Kong sent through the international postal network must
collect and remit duties to CBP under the approach
outlined in either subsection (c)(i) or subsection
(c)(ii) of this section. Transportation carriers must
apply the same duty collection methodology to all
shipments; however, transportation carriers may change
their collection methodology once a month or on such
other periodic timeframe as CBP determines appropriate,
upon providing 24-hour notice to CBP.
(i) Ad Valorem Duty. 30 percent of the value of the postal item containing
goods for merchandise entered for consumption on or after 12:01 am eastern
daylight time on May 2, 2025.
(ii) Specific Duty. 25 dollars per postal item containing goods for
merchandise entered for consumption on or after 12:01 am eastern daylight
time on May 2, 2025, and before 12:01 am eastern daylight time on June 1,
2025, and 50 dollars per postal item containing goods for merchandise
entered for consumption on or after 12:01 am eastern daylight time on June
1, 2025.
(d) Bond Requirement. Any carrier that transports
international postal items containing goods from the
PRC or Hong Kong to the United States,
[[Page 14901]]
by any mode of transportation, must have an
international carrier bond to ensure payment of the
duty described in subsections (b) and (c) of this
section. CBP is authorized to ensure that the
international carrier bonds required by this subsection
are sufficient to account for the duty described in
subsections (b) and (c) of this section.
(e) Discretion to Require Formal Entry. CBP may
require formal entry, in accordance with existing
regulations, for any international postal package that
may otherwise be subject to the duty described in
subsections (b) and (c) of this section. An
international postal package for which CBP requires
formal entry will not be subject to the duty described
in subsections (b) and (c) of this section, and instead
will be subject to all applicable duties, taxes, and
fees in accordance with all applicable laws.
Sec. 3. Implementation of Duty. The Secretary of
Homeland Security is directed to take all necessary
actions to implement this order. Consistent with
section 4 of Executive Order 14195, the Secretary of
Homeland Security, in consultation with the Secretary
of the Treasury, the Attorney General, and the
Secretary of Commerce, is 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.
Sec. 4. Homeland Security Authorities. Nothing in this
order limits the ability of the Department of Homeland
Security to use any available legal authorities granted
to ensure compliance with the provisions of this order.
Sec. 5. Monitoring. Within 90 days of the date of this
order, the Secretary of Commerce, in consultation with
the United States Trade Representative, shall submit a
report to the President regarding the impact of this
order on American industries, consumers, and supply
chains and making recommendations for further action as
he deems necessary, including a recommendation on
whether extending de minimis ineligibility to packages
from Macau is necessary to prevent circumvention of
this order.
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.
[[Page 14902]]
(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,
April 2, 2025.
[FR Doc. 2025-06027
Filed 4-4-25; 8:45 am]
Billing code 3395-F4-P