Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China
This executive order amendment adjusts the de minimis (duty-free) treatment for certain imported articles tied to the synthetic opioid supply chain originating in the People’s Republic of China. Specifically, it preserves duty-free treatment for eligible “covered articles” described in the order, but creates a trigger: de minimis treatment will end as soon as the Secretary of Commerce informs the President that there are adequate systems in place to fully and promptly collect the applicable tariffs on those articles. In short, imports from China linked to the synthetic opioid supply chain can remain duty-free for now, but that convenience can be withdrawn once tariff collection capacity is deemed sufficient. The amendment sits within the framework of EO 14200 (Imposing Duties to Address the Synthetic Opioid Supply Chain in China) and does not alter other authorities or general policy, but it signals a move toward ensuring tariff revenues are collected for these specific articles when the Commerce Department determines it is feasible to do so.
Key Points
- 1Amends subsection (g) of section 2 of EO 14200 to modify how de minimis (duty-free) treatment under 19 U.S.C. 1321 applies to “covered articles” described in subsection (a).
- 2De minimis treatment remains available only for those eligible covered articles, but will cease once the Secretary of Commerce notifies the President that adequate systems exist to fully and expeditiously collect the applicable tariffs on those articles.
- 3The change is limited to the treatment of tariffs for eligible covered articles; it does not change other authorities or general policy in EO 14200.
- 4Implementation remains subject to applicable law and appropriations, preserving the normal legal and budgetary constraints.
- 5The order includes standard legal boilerplate stating it does not create enforceable rights and that it should be implemented consistently with law.