Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China
1. Purpose
The national emergency has been declared in response to the overwhelming influx of synthetic opioids, particularly fentanyl, which is causing significant casualties and straining healthcare systems across the United States.
2. Key Actions And Directives
- Imposition of Tariffs on PRC Products: An additional 10 percent ad valorem duty is imposed on all articles from the People's Republic of China, effective February 4, 2025.
- Monitoring and Assessment of Tariff Effectiveness: The Secretary of Homeland Security will regularly consult with the President regarding PRC's actions to address the opioid crisis.
- Response to PRC Retaliation: If the PRC retaliates with import duties on U.S. exports, the President may expand the tariffs.
- Recommendations for Further Actions: The Secretary of Homeland Security may propose additional measures if the PRC does not sufficiently address the opioid crisis.
3. Important Points
- Severity of the Opioid Crisis: Approximately 200 Americans are dying daily from synthetic opioid overdoses, necessitating urgent federal action.
- Legal Framework for Emergency Declaration: The declaration utilizes various legal statutes, including the IEEPA and NEA, to exercise emergency powers.
- China's Role in the Crisis: The People's Republic of China is implicated in the crisis by exporting fentanyl precursors and failing to control their chemical companies.
- Compliance Evasion Techniques: PRC companies employ sophisticated methods to evade law enforcement, complicating efforts to regulate synthetic opioids.
- Non-enforceability of the Order: The executive order does not create enforceable rights or benefits for any individual or entity against the United States.
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