Published on February 5, 2025
This executive order amends a previous order from February 1, 2025, regarding duties on synthetic opioid supply chain items from China, specifically modifying how duty-free de minimis treatment is applied to certain covered articles. The amendment establishes that duty-free treatment will continue until the Secretary of Commerce notifies the President that adequate systems are in place to process and collect tariff revenue on these items.
The order's structure appears to create a deliberate delay in implementing stricter controls on opioid-related imports by allowing duty-free treatment to continue indefinitely until "adequate systems" are in place - a vague prerequisite that could be perpetually deemed insufficient. This loophole could serve powerful pharmaceutical and import interests by maintaining easier access to these materials while providing political cover through the appearance of taking action against the opioid crisis.
While presented as a measure to improve tariff collection systems on opioid-related imports from China, this order may actually serve to maintain the status quo of easier importation under the guise of administrative preparation. The public should be particularly attentive to how long the "preparation period" lasts and whether meaningful systems for tariff collection are actually implemented.
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.), 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. Amendment. Regarding the Executive Order of February 1, 2025 (Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China), the following shall replace subsection (g) of section 2: “(g) Duty-free de minimis treatment under 19 U.S.C. 1321 is available for otherwise eligible covered articles described in subsection (a) of this section, but shall cease to be available for such articles upon notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expediently process and collect tariff revenue applicable pursuant to subsection (a) of this section for covered articles otherwise eligible for de minimis treatment.” Sec. 2. 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. (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.THE WHITE HOUSE, February 5, 2025.