Notice of Implementation of Additional Duties on Products of the People's Republic of China Pursuant to the President's Executive Order 14256, Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China As Applied to Low-Value Imports

<NOTICE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>U.S. Customs and Border Protection</SUBAGY> <SUBJECT>Notice of Implementation of Additional Duties on Products of the People's Republic of China Pursuant to the President's Executive Order 14256, Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China As Applied to Low-Value Imports</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Customs and Border Protection (CBP), Department of Homeland Security. <HD SOURCE="HED">ACTION:</HD> Amended notice. <SUM> <HD SOURCE="HED">SUMMARY:</HD> In order to effectuate the President's Executive Order 14256 of April 2, 2025, “ <E T="03">Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China As Applied to Low-Value Imports,</E> ” which eliminates the <E T="03">de minimis</E> exemption for products of the People's Republic of China (PRC) (which include products of Hong Kong) and establishes a new duty rate for international postal packages sent to the United States through the international postal network from the PRC or Hong Kong, as amended by Executive Order 14259 of April 8, 2025, “ <E T="03">Amendment to Reciprocal Tariffs and Updated Duties As Applied to Low-Value Imports from the People's Republic of China,</E> ” and Executive Order 14266 of April 9, 2025, “ <E T="03">Modifying Reciprocal Tariff Rates to Reflect Trading Partner Retaliation and Alignment,</E> ” the Secretary of Homeland Security has determined that appropriate action is needed to ensure collection of applicable duties as well as to modify the Harmonized Tariff Schedule of the United States (HTSUS) as set out in the Annex to this notice. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> The amendments with respect to articles other than those sent to the United States through the international postal network, as set out in the Annex to this document, are effective with respect to products of the PRC (which include products of Hong Kong) described in Section 2(a) of Executive Order 14195 and subject to Executive Order 14256, as amended, that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 2, 2025. With respect to postal items containing goods described in Section 2(a) of Executive Order 14195 and subject to Executive Order 14256, as amended, sent through the international postal network from the PRC or Hong Kong, the duties set out in the Annex to this document are effective for such articles that are entered for consumption on or after 12:01 a.m. eastern daylight time on May 2, 2025, or June 1, 2025, as applicable. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Brandon Lord, Executive Director, Trade Policy and Programs, Office of Trade, U.S. Customs and Border Protection, (202) 325-6432 or by email at <E T="03">traderemedy@cbp.dhs.gov</E> . C. Shane Campbell, Acting Executive Director, Cargo and Conveyance Security, Office of Field Operations, U.S. Customs and Border Protection, (202) 344-3401 or by email at <E T="03">traderemedy@cbp.dhs.gov</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> On January 20, 2025, the President 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 (Declaring a National Emergency at the Southern Border of the United States) (90 FR 8327, January 29, 2025). <E T="03">See</E> National Emergencies Act (50 U.S.C. 1601 <E T="03">et seq.</E> ) (NEA). On February 1, 2025, the President expanded the scope of the national emergency declared in that proclamation to cover the failure of the People's Republic of China (PRC) government to arrest, seize, detain, or otherwise intercept chemical precursor suppliers, money launderers, other transnational criminal organizations, criminals at large, and drugs. In addition, the President determined that this failure to act on the part of the PRC constitutes an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States. To address this threat, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 <E T="03">et seq.</E> ) (IEEPA), the NEA, section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), and 3 U.S.C. 301, the President imposed <E T="03">ad valorem</E> tariffs on all imports that are products of the PRC, excluding those encompassed by 50 U.S.C. 1702(b). <SU>1</SU> <FTREF/> <E T="03">See</E> Executive Order 14195, <E T="03">Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China</E> (February 1, 2025). Specifically, Executive Order 14195 adjusted duties on imported products of the PRC by imposing, consistent with law, an additional 10 percent <E T="03">ad valorem</E> rate of duty, on products entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 4, 2025. <FTNT> <SU>1</SU>  50 U.S.C. 1702(b)(1) covers “postal, telegraphic, telephonic, or other personal communication[s], which do[ ] not involve a transfer of anything of value,” and hence does not encompass any imported articles of merchandise. 50 U.S.C. 1702(b)(4) covers “transactions ordinarily incident to travel to or from any country, including [1] importation of accompanied baggage for personal use, [2] maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and [3] arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.” Only the first of the three categories of exceptions covered by 50 U.S.C. 1702(b)(4)—products for personal use included in accompanied baggage of persons arriving in the United States—encompasses imported articles of merchandise, and such articles are excluded from the scope of the additional <E T="03">ad valorem</E> duties provided for in new HTSUS headings 9903.01.20 and 9903.01.24 by the terms of those headings and U.S. note 2(u). </FTNT> Section 2(g) of Executive Order 14195 contemplated that duty-free <E T="03">de minimis</E> treatment under 19 U.S.C. 1321 was no longer available as of the effective time of that order. Subsequently, on February 5, 2025, the President amended Section 2(g) of Executive Order 14195, to suspend enforcement of Section 2(g) of Executive Order 14195 until notification by the Secretary of Commerce to the President that adequate systems were in place to fully and expediently process and collect applicable tariff revenue pursuant to Section 2(a) of Executive Order 14195 for covered articles otherwise eligible for <E T="03">de minimis</E> treatment. <E T="03">See</E> Executive Order 14200, <E T="03">Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China</E> (February 5, 2025). Executive Order 14195, as amended by Executive Order 14200, was further modified by Executive Order 14228, “ <E T="03">Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China</E> .” <E T="03">See</E> Executive Order 14228 of March 3, 2025. Executive Order 14228 increased the additional <E T="03">ad valorem</E> tariff rate from 10 percent to 20 percent for covered products of the PRC (which include products of Hong Kong), <SU>2</SU> <FTREF/> that were entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 4, 2025. <FTNT> <SU>2</SU>  Executive Order 13936 on Hong Kong Normalization ( <E T="03">see</E> 85 FR 43413 (July 14, 2020)). </FTNT> On April 2, 2025, the President issued Executive Order 14256, “ <E T="03">Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China As Applied to Low-Value Imports,</E> ” which states that the Secretary of Commerce has notified the President that adequate systems are now in place to process and collect tariff revenue for covered goods from the PRC otherwise eligible for duty-free <E T="03">de minimis</E> treatment under 19 U.S.C. 1321(a)(2)(C). Accordingly, Executive Order 14256 eliminates such duty-free <E T="03">de minimis</E> treatment for products of the PRC (which include products of Hong Kong) for all covered products—among such covered products are international postal packages sent to the United States through the international postal network from the PRC or Hong Kong. On April 8, 2025, the President issued Executive Order 14259, “ <E T="03">Amendment to Reciprocal Tariffs and Updated Duties as Applied to Low-Value Imports from the People's Republic of China,</E> ” increasing the rates of duty set forth in Section 2(c) of Executive Order 14256 to ensure that the imposition of other tariffs imposed pursuant to Executive Order 14259 were not circumvented and the action contemplated by Executive Order 14259 was not undermined. Subsequently, on April 9, 2025, to similarly ensure against the circumvention of tariffs and undermining of actions set forth therein, the President issued Executive Order 14266, “ <E T="03">Modifying Reciprocal Tariff Rates to Reflect Trading Partner Retaliation and Alignment,</E> ” further increasing the rates of duty set forth in Section 2(c) of Executive Order 14256. Consistent with Executive Order 14256, duty-free <E T="03">de minimis</E> treatment under 19 U.S.C. 1321(a)(2)(C) shall no longer be available for products of the PRC described in Section 2(a) of Executive Order 14195, that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━