[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Presidential Documents]
[Pages 15625-15628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06462]
Presidential Documents
Federal Register / Vol. 90, No. 71 / Tuesday, April 15, 2025 /
Presidential Documents
[[Page 15625]]
Executive Order 14266 of April 9, 2025
Modifying Reciprocal Tariff Rates To Reflect
Trading Partner Retaliation and Alignment
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, I hereby determine and order:
Section 1. Background. In Executive Order 14257 of
April 2, 2025 (Regulating Imports With a Reciprocal
Tariff to Rectify Trade Practices that Contribute to
Large and Persistent Annual United States Goods Trade
Deficits), I declared a national emergency arising from
conditions reflected in large and persistent annual
U.S. goods trade deficits, and imposed additional ad
valorem duties that I deemed necessary and appropriate
to deal with that unusual and extraordinary threat,
which has its source in whole or substantial part
outside the United States, to the national security and
economy of the United States. Section 4(b) of Executive
Order 14257 provided that ``[s]hould any trading
partner retaliate against the United States in response
to this action through import duties on U.S. exports or
other measures, I may further modify the [Harmonized
Tariff Schedule of the United States] to increase or
expand in scope the duties imposed under this order to
ensure the efficacy of this action.''
In the Executive Order dated April 8, 2025 (Amendment
to Reciprocal Tariffs and Updated Duties As Applied to
Low-Value Imports from the People's Republic of China),
pursuant to section 4(b) of Executive Order 14257, I
ordered modification of the Harmonized Tariff Schedule
of the United States (HTSUS) to raise the applicable ad
valorem duty rate for imports from the People's
Republic of China (PRC) established in Executive Order
14257, in recognition of the fact that the PRC
announced that it would retaliate against the United
States in response to Executive Order 14257.
On April 9, 2025, the State Council Tariff Commission
of the PRC announced that, in response to the Executive
Order dated April 8, 2025, an 84 percent tariff would
be imposed on all goods imported into the PRC
originating from the United States, effective at 12:01
a.m. on April 10, 2025. Pursuant to section 4(b) of
Executive Order 14257, I have determined that it is
necessary and appropriate to address the national
emergency declared in that order by modifying the HTSUS
and taking other actions to increase the duties imposed
on the PRC in response to this latest retaliation. In
my judgment, this modification is necessary and
appropriate to effectively address the threat to U.S.
national and economic security posed by the PRC's
contribution to the conditions reflected in large and
persistent trade deficits, including PRC industrial
policies that have produced systemic excess
manufacturing capacity in the PRC and suppressed U.S.
domestic manufacturing capacity, which conditions are
made worse by the PRC's recent actions.
Section 4(c) of Executive Order 14257 provided that,
``[s]hould any trading partner take significant steps
to remedy non-reciprocal trade arrangements and align
sufficiently with the United States on economic and
national security matters, I may further modify the
HTSUS to decrease or limit in scope the duties imposed
under this order.'' Since I signed Executive
[[Page 15626]]
Order 14257, in contrast to the PRC's actions, more
than 75 other foreign trading partners, including
countries enumerated in Annex I to Executive Order
14257, have approached the United States to address the
lack of trade reciprocity in our economic relationships
and our resulting national and economic security
concerns. This is a significant step by these countries
toward remedying non-reciprocal trade arrangements and
aligning sufficiently with the United States on
economic and national security matters.
Pursuant to section 4(c) of Executive Order 14257, I
have determined that it is necessary and appropriate to
address the national emergency declared in that order
by modifying the HTSUS to temporarily suspend, for a
period of 90 days, except with respect to the PRC,
application of the individual ad valorem duties imposed
for foreign trading partners listed in Annex I to
Executive Order 14257, and to instead impose on
articles of all such trading partners an additional ad
valorem rate of duty as set forth herein, pursuant to
the terms of, and except as otherwise provided in,
Executive Order 14257, as modified by this order.
Sec. 2. Suspension of Country-Specific Ad Valorem Rates
of Duty. Effective with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight
time on April 10, 2025, enforcement of the second
paragraph of section 3(a) of Executive Order 14257 is
suspended until 12:01 a.m. eastern daylight time on
July 9, 2025. Effective at 12:01 a.m. eastern daylight
time on April 10, 2025, and until 12:01 a.m. eastern
daylight time on July 9, 2025, all articles imported
into the customs territory of the United States from
the trading partners enumerated in Annex I to Executive
Order 14257 shall be, consistent with law, subject to
an additional ad valorem rate of duty of 10 percent,
subject to all applicable exceptions set forth in
Executive Order 14257.
Sec. 3. Tariff Modifications. In recognition of the
fact that the PRC has announced that it will retaliate
again against the United States in response to the
Executive Order dated April 8, 2025, which amended
Executive Order 14257, and in recognition of the
sincere intentions by many other trading partners to
facilitate a resolution to the national emergency
declared in Executive Order 14257, the 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 daylight
time on April 10, 2025:
(a) heading 9903.01.25 of the HTSUS shall be
amended by deleting the article description and by
inserting ``Articles the product of any country, except
for products described in headings 9903.01.26-
9903.01.33, and except as provided for in heading
9903.01.34, and except for articles the product of
China, including Hong Kong and Macau, as described in
heading 9903.01.63 that are entered for consumption, or
withdrawn from warehouse for consumption, after 12:01
a.m. eastern daylight time on April 10, 2025, and that
were not in transit on the final mode of transit prior
to 12:01 a.m. eastern daylight time on April 10, 2025,
as provided for in subdivision (v) of U.S. note 2 to
this subchapter . . . . . . .'' in lieu thereof;
(b) heading 9903.01.63 of the HTSUS shall be
amended by deleting ``84%'' each place that it appears
and by inserting ``125%'' in lieu thereof, and by
deleting ``April 9, 2025,'' and by inserting ``April
10, 2025'' in lieu thereof;
(c) subdivision (v)(xiii)(10) of U.S. note 2 to
subchapter III of chapter 99 of the HTSUS shall be
amended by deleting ``84%'', and inserting ``125%'' in
lieu thereof, and subdivision (v)(xiii) of U.S. note 2
to subchapter III of chapter 99 of the HTSUS shall be
amended by deleting ``April 9, 2025,'' and by inserting
``April 10, 2025,'' in lieu thereof; and
(d) headings 9903.01.43-9903.01.62 and 9903.01.64-
9903.01.76 are hereby suspended, and subdivisions
(v)(xiii)(i)-(ix) and (xi)-(lvii) of U.S. note 2 to
subchapter III of chapter 99 of the HTSUS are hereby
suspended for a period of 90 days beginning at 12:01
a.m. on April 10, 2025.
[[Page 15627]]
Sec. 4. De Minimis Tariff Increase. To ensure that the
imposition of tariffs pursuant to section 3 of this
order is not circumvented and that the purpose of
Executive Order 14257, as modified by the Executive
Order dated April 8, 2025, and this order are not
undermined, I also deem it necessary and appropriate
to:
(a) increase the ad valorem rate of duty set forth
in section 2(c)(i) of 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), as modified
by the Executive Order dated April 8, 2025, from 90
percent to 120 percent;
(b) increase the per postal item containing goods
duty in section 2(c)(ii) of Executive Order 14256, as
modified by the Executive Order dated April 8, 2025,
that is in effect on or after 12:01 a.m. eastern
daylight time on May 2, 2025, and before 12:01 a.m.
eastern daylight time on June 1, 2025, from 75 dollars
to 100 dollars; and
(c) increase the per postal item containing goods
duty in section 2(c)(ii) of Executive Order 14256, as
modified by the Executive Order dated April 8, 2025,
that is in effect on or after 12:01 a.m. eastern
daylight time on June 1, 2025, from 150 dollars to 200
dollars.
Sec. 5. Implementation. The Secretary of Commerce, the
Secretary of Homeland Security, and the United States
Trade Representative, as applicable, in consultation
with the Secretary of State, the Secretary of the
Treasury, the Assistant to the President for Economic
Policy, the Senior Counselor for Trade and
Manufacturing, the Assistant to the President for
National Security Affairs, and the Chair of the
International Trade Commission, are directed to take
all necessary actions to implement and effectuate this
order, consistent with applicable law, including
through temporary suspension or amendment of
regulations or notices in the Federal Register and
adopting rules and regulations, and are authorized to
take such actions, and to employ all powers granted to
the President by IEEPA, as may be necessary to
implement this order. Each executive department and
agency shall take all appropriate measures within its
authority to implement 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 15628]]
(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 9, 2025.
[FR Doc. 2025-06462
Filed 4-14-25; 8:45 am]
Billing code 3395-F4-P