Amended Notice of Implementation of Additional Duties on Products of the People's Republic of China Pursuant to the President's February 1, 2025 Executive Order Imposing Duties To Address the Synthetic Opioid Supply Chain in the People's Republic of China, 9431-9434 [2025-02576]
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
[Docket No. AS25–02]
Appraisal Subcommittee; Notice of
Meeting
Appraisal Subcommittee of the
Federal Financial Institutions
Examination Council.
ACTION: Notice of special closed
meeting.
AGENCY:
Description: In accordance with
section 1104(b) of Title XI of the
Financial Institutions Reform, Recovery,
and Enforcement Act of 1989, codified
at 12 U.S.C. 3333(b), notice is hereby
given that the Appraisal Subcommittee
(ASC) met for a Special Closed Meeting
on this date.
Location: Virtual meeting via Webex.
Date: February 5, 2025.
Time: 10:30 a.m. ET.
Discussion Items
1. State Compliance Reviews
2. Personnel Matter
The ASC convened a Special Closed
Meeting to discuss State Compliance
Reviews and a personnel matter
pursuant to section 1104(b) of Title XI
(12 U.S.C. 3333(b)). No action was taken
by the ASC.
Loretta Schuster,
Management & Program Analyst.
[FR Doc. 2025–02538 Filed 2–11–25; 8:45 am]
BILLING CODE 6700–01–P
Board of Governors of the Federal Reserve
System.
Michele Taylor Fennell,
Associate Secretary of the Board.
FEDERAL RESERVE SYSTEM
lotter on DSK11XQN23PROD with NOTICES1
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
[FR Doc. 2025–02521 Filed 2–11–25; 8:45 am]
BILLING CODE 6210–01–P
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
VerDate Sep<11>2014
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request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments received are subject to
public disclosure. In general, comments
received will be made available without
change and will not be modified to
remove personal or business
information including confidential,
contact, or other identifying
information. Comments should not
include any information such as
confidential information that would not
be appropriate for public disclosure.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than February 27, 2025.
A. Federal Reserve Bank of Dallas
(Karen Smith, Assistant Vice President,
Mergers & Acquisitions and
Enforcement) 2200 North Pearl Street,
Dallas, Texas 75201–2272. Comments
can also be sent electronically to
Comments.applications@dal.frb.org:
1. Pratt Family PFBS Irrevocable
Trust, Brian L. Pratt and Kenneth
William Pratt, as trustees, all of Dallas,
Texas; to join the Pratt Family Control
Group, a group acting in concert, to
acquire voting shares of PFBS Holdings,
Inc., Dallas, Texas, and thereby
indirectly acquire voting shares of
Lakeside Bank, Rockwall, Texas.
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Amended Notice of Implementation of
Additional Duties on Products of the
People’s Republic of China Pursuant
to the President’s February 1, 2025
Executive Order Imposing Duties To
Address the Synthetic Opioid Supply
Chain in the People’s Republic of
China
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Amended notice.
AGENCY:
In order to effectuate the
President’s February 1, 2025 Executive
order ‘‘Imposing Duties to Address the
SUMMARY:
PO 00000
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9431
Synthetic Opioid Supply Chain in the
People’s Republic of China,’’ as
amended by the President’s February 5,
2025 Executive order ‘‘Amendment to
Duties Addressing the Synthetic Opioid
Supply Chain in the People’s Republic
of China,’’ which imposed specified
rates of duty on imports of articles that
are products of the People’s Republic of
China (PRC or China), the Secretary of
Homeland Security is amending its
February 5, 2025 notice in the Federal
Register, ‘‘Implementation of Additional
Duties on Products of the People’s
Republic of China Pursuant to the
President’s February 1, 2025 Executive
Order Imposing Duties to Address the
Synthetic Opioid Supply Chain in the
People’s Republic of China,’’ to reflect
that appropriate action was needed to
modify the Harmonized Tariff Schedule
of the United States (HTSUS) as set out
in the Annex to this notice as well as
changes to treatment of goods under
what is commonly known as the de
minimis exemption.
DATES: The duties set out in the Annex
to this document are effective with
respect to products of the PRC that are
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern standard time on
February 5, 2025.
FOR FURTHER INFORMATION CONTACT:
Brandon Lord, Executive Director, Trade
Policy and Programs, Office of Trade,
U.S. Customs and Border Protection,
(202) 325–6432 or by email at
traderemedy@cbp.dhs.gov. Susan
Thomas, Executive Director, Cargo and
Conveyance Security, Office of Field
Operations, U.S. Customs and Border
Protection, (202) 344–3401 or by email
at traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION: 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) (90 FR 8327
(January 29, 2025)). See National
Emergencies Act (50 U.S.C. 1601 et seq.)
(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 or
China) 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
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
and extraordinary threat, which has its
source in 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 et
seq.) (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 ad valorem tariffs on
all imports that are products of the PRC,
excluding those encompassed by 50
U.S.C. 1702(b). Specifically, the
February 1, 2025 Executive order (E.O.
14195) (90 FR 9121 (February 7, 2025))
adjusted duties on imported products of
the PRC, by imposing, consistent with
law, an additional 10 percent ad
valorem rate of duty as described in the
Annex to this notice.
On February 5, 2025, the Secretary of
Homeland Security issued a notice in
the Federal Register (90 FR 9038),
‘‘Implementation of Additional Duties
on Products of the People’s Republic of
China Pursuant to the President’s
February 1, 2025 Executive Order
Imposing Duties to Address the
Synthetic Opioid Supply Chain in the
People’s Republic of China’’ (hereinafter
referred to as the ‘‘China Duties
Notice’’), to reflect the appropriate
action was needed to modify the
Harmonized Tariff Schedule of the
United States (HTSUS) as set out in the
Annex to this notice. Subsequently, on
February 5, 2025, the President
amended subsection (g) of section 2 of
the February 1, 2025 Executive order, to
modify the application of 19 U.S.C.
1321 to goods covered by subsection (a)
of section 2 of the President’s February
1, 2025 Executive order. See
‘‘Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the
People’s Republic of China’’ (February
5, 2025) (E.O. 14200). Specifically, as
amended, subsection (g) of section 2 of
the February 1, 2025 Executive order
provides that duty-free de minimis
treatment under 19 U.S.C. 1321 is
available for otherwise eligible covered
articles described in the Executive
order, but shall cease to be available for
such articles upon notification by the
Secretary of Commerce, in consultation
with the Secretary of the Treasury, to
the President that adequate systems are
in place to fully and expediently
process and collect tariff revenue
applicable pursuant to subsection (a) of
section 2 of the Executive order for
covered articles otherwise eligible for de
minimis treatment.
To effectuate the changes made by the
February 5, 2025 Executive order, DHS
is republishing its China Duties Notice
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17:25 Feb 11, 2025
Jkt 265001
in its entirety with changes to reflect
both Executive orders.
The February 1, 2025 Executive order
directed the Secretary of Homeland
Security, to determine and implement
the necessary modifications to the
Harmonized Tariff Schedule of the
United States (HTSUS), consistent with
law, to effectuate the Executive order.
In order to implement the rates of
duty imposed by the Executive order,
effective on 12:01 a.m. eastern standard
time on February 4, 2025, subchapter III
of chapter 99 of the HTSUS is modified
by the Annex to this notice.
Articles that are the products of
China, which hereinafter will include
products of Hong Kong in accordance
with Executive Order 13936 on Hong
Kong Normalization (see 85 FR 43413
(July 17, 2020)), excluding those
encompassed by 50 U.S.C. 1702(b), that
are entered for consumption, or
withdrawn from warehouse for
consumption, on or after 12:01 a.m.
eastern standard time on February 4,
2025, will be subject to the additional
ad valorem rate of duty provided for in
new HTSUS heading 9903.01.20, except
that goods entered for consumption, or
withdrawn from warehouse for
consumption, after 12:01 a.m. eastern
standard time on February 4, 2025, that
were loaded onto a vessel at the port of
loading, or in transit on the final mode
of transport prior to entry into the
United States, before 12:01 a.m. eastern
time on February 1, 2025, shall not be
subject to such additional duty only if
the importer certifies to CBP that the
goods so qualify by declaring new
HTSUS heading 9903.01.23 as described
in the Annex to this notice. The
exception for goods that were in transit
before February 1, 2025, is time limited,
to prevent importers from abusing this
provision when it is no longer realistic
due to the passage of time, as provided
in new HTSUS heading 9903.01.23 that
is described the Annex to this notice,
and will only apply to goods entered for
consumption, or withdrawn from
warehouse for consumption, on or after
12:01 a.m. eastern standard time on
February 4, 2025, and before 12:01 a.m.
eastern standard time on March 7, 2025.
Imported products of China that are
encompassed by 50 U.S.C. 1702(b) will
not be subject to the additional ad
valorem duty provided for in new
HTSUS heading 9903.01.20, but such
qualifying products, other than products
for personal use included in
accompanied baggage of persons
arriving in the United States, must be
declared and entered under new HTSUS
heading 9903.01.21 or new HTSUS
heading 9903.01.22. Specifically, new
HTSUS heading 9903.01.21 covers
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products encompassed by 50 U.S.C.
1702(b)(2) and new HTSUS heading
9903.01.22 covers products
encompassed by 50 U.S.C. 1702(b)(3).1
The additional ad valorem duty
provided for in new HTSUS heading
9903.01.20 applies in addition to all
other applicable duties, taxes, fees,
exactions, and charges.
Further, pursuant to the February 5,
2025 Executive order, the administrative
exemption from duty and certain taxes
at 19 U.S.C. 1321(a)(2)(C)—known as
the de minimis exemption—continues
to be available for articles covered by
heading 9903.01.20 that are otherwise
eligible for the exemption, including for
eligible articles sent to the United States
through the international postal
network, but shall cease to be available
for such articles upon notification by
the Secretary of Commerce, in
consultation with the Secretary of the
Treasury, to the President that adequate
systems are in place to fully and
expediently process and collect tariff
revenue applicable to articles covered
by heading 9903.01.20 otherwise
eligible for the de minimis exemption.
Accordingly, articles that are the
product of China, including products of
Hong Kong, that are eligible for the de
minimis exemption and are covered by
heading 9903.01.20 may continue to
request de minimis entry and clearance
until such time as the Secretary of
Commerce, in consultation with the
Secretary of the Treasury, so notifies the
President and further guidance is
provided.
As of February 10, 2025, there will be
no retroactive application of these
changes for any shipments that would
have otherwise qualified for de minimis
treatment based on the February 5, 2025
Executive order ‘‘Amendment to Duties
Addressing the Synthetic Opioid
Supply Chain in the People’s Republic
of China.’’
Products of China that are eligible for
temporary duty exemptions or
reductions under subchapter II to
chapter 99 shall be subject to the
additional ad valorem rate of duty
imposed by heading 9903.01.20.
1 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 which encompasses imported articles of
merchandise.
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
The additional duties imposed by
heading 9903.01.20 shall not apply to
goods for which entry is properly
claimed under a provision of chapter 98
of the tariff schedule pursuant to
applicable regulations of U.S. Customs
and Border Protection (‘‘CBP’’), and
whenever CBP agrees that entry under
such a provision is appropriate, except
for goods entered under heading
9802.00.80; and subheadings
9802.00.40, 9802.00.50, and 9802.00.60.
For subheadings 9802.00.40, 9802.00.50,
and 9802.00.60, the additional duties
apply to the value of repairs, alterations,
or processing performed (in the PRC), as
described in the applicable subheading.
For heading 9802.00.80, the additional
duties apply to the value of the article
assembled abroad (in the PRC), less the
cost or value of such products of the
United States, as described.
Articles that are products of the PRC,
excluding those encompassed by 50
U.S.C. 1702(b), except those that are
eligible for admission to a foreign trade
zone under ‘‘domestic status’’ as defined
in 19 CFR 146.43, and are admitted into
a United States foreign trade zone on or
after 12:01 a.m. eastern standard time on
February 4, 2025, must be admitted as
‘‘privileged foreign status’’ as defined in
19 CFR 146.41. Such articles will be
subject, upon entry for consumption, to
the duties imposed by the Executive
order and the rates of duty related to the
classification under the applicable
HTSUS subheading in effect at the time
of admission into the United States
foreign trade zone.
No drawback shall be available with
respect to the additional duties imposed
pursuant to the Executive order.
Kristi Noem,
Secretary.
Annex
To Modify Chapter 99 of the Harmonized
Tariff Schedule of the United States
Effective with respect to goods entered for
consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m.
eastern standard time on February 5, 2025,
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United
States (HTSUS) is modified:
1. by inserting the following new heading
9903.01.20 in numerical sequence, with the
material in the new heading inserted in the
columns of the HTSUS labeled ‘‘Heading/
Subheading’’, ‘‘Article Description’’, ‘‘Rates
of Duty 1-General’’, ‘‘Rates of Duty 1-Special’’
and ‘‘Rates of Duty 2’’, respectively:
Rates of duty
Heading/
subheading
Article description
1
2
General
‘‘9903.01.20 .......
Except for products described in headings 9903.01.21,
9903.01.22, or 9903.01.23 articles the product of China
and Hong Kong, as provided for in U.S. note 2(s) to this
subchapter.
2. by inserting the following new heading
9903.01.21 in numerical sequence, with the
material in the new heading inserted in the
Special
The duty provided in The duty provided in No change’’.
the applicable
the applicable
subheading +10%.
subheading +10%.
columns of the HTSUS labeled ‘‘Heading/
Subheading’’, ‘‘Article Description’’, ‘‘Rates
of Duty 1-General’’, ‘‘Rates of Duty 1-Special’’
and ‘‘Rates of Duty 2’’, respectively:
Rates of duty
Heading/
subheading
Article description
1
2
‘‘9903.01.21 .......
Articles the product of China and Hong Kong that are donations, by persons subject to the jurisdiction of the United
States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, as provided
for in U.S. note 2(t) to this subchapter.
3. by inserting the following new heading
9903.01.22 in numerical sequence, with the
material in the new heading inserted in the
General
Special
The duty provided in
the applicable
subheading.
The duty provided in
the applicable
subheading.
columns of the HTSUS labeled ‘‘Heading/
Subheading’’, ‘‘Article Description’’, ‘‘Rates
No change’’.
of Duty 1-General’’, ‘‘Rates of Duty 1-Special’’
and ‘‘Rates of Duty 2’’, respectively:
Rates of duty
Heading/
subheading
Article description
2
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‘‘9903.01.22 .......
Articles the product of China and Hong Kong that are informational materials, including but not limited to, publications,
films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs,
artworks, and news wire feeds.
4. by inserting the following new heading
9903.01.23 in numerical sequence, with the
material in the new heading inserted in the
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General
Special
The duty provided in
the applicable
subheading.
The duty provided in
the applicable
subheading.
columns of the HTSUS labeled ‘‘Heading/
Subheading’’, ‘‘Article Description’’, ‘‘Rates
PO 00000
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No change’’.
of Duty 1-General’’, ‘‘Rates of Duty 1-Special’’
and ‘‘Rates of Duty 2’’, respectively:
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Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / Notices
Rates of duty
Heading/
subheading
Article description
2
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‘‘9903.01.23 .......
Except for products described in headings 9903.01.21 and
9903.01.22, and other than products for personal use included in accompanied baggage of persons arriving in the
United States, articles the product of China and Hong Kong
that: (1) were loaded onto a vessel at the port of loading,
or in transit on the final mode of transport prior to entry into
the United States, before 12:01 a.m. eastern standard time
on February 1, 2025; and (2) are entered for consumption,
or withdrawn from warehouse for consumption, on or after
12:01 a.m. eastern standard time on February 4, 2025, and
before 12:01 a.m. eastern standard time on March 7, 2025.
5. by inserting the following new U.S. note
2(s) to subchapter III of chapter 99 of the
HTSUS in numerical sequence:
‘‘2. (s) For the purposes of heading
9903.01.20, products of China and Hong
Kong, other than products described in
heading 9903.01.21, heading 9903.01.22,
heading 9903.01.23, and other than products
for personal use included in accompanied
baggage of persons arriving in the United
States, shall be subject to an additional 10%
ad valorem rate of duty. Notwithstanding
U.S. note 1 to this subchapter, all products
of China and Hong Kong that are subject to
the additional ad valorem rate of duty
imposed by heading 9903.01.20 shall also be
subject to the general rates of duty imposed
on products of China and Hong Kong entered
under subheadings in chapters 1 to 97 of the
tariff schedule. Products of China and Hong
Kong that are eligible for temporary duty
exemptions or reductions under subchapter II
to chapter 99 shall be subject to the
additional ad valorem rate of duty imposed
by heading 9903.01.20.
The additional duties imposed by heading
9903.01.20 shall not apply to goods for which
entry is properly claimed under a provision
of chapter 98 of the tariff schedule pursuant
to applicable regulations of U.S. Customs and
Border Protection (‘‘CBP’’), and whenever
CBP agrees that entry under such a provision
is appropriate, except for goods entered
under heading 9802.00.80; and subheadings
9802.00.40, 9802.00.50, and 9802.00.60. For
subheadings 9802.00.40, 9802.00.50, and
9802.00.60, the additional duties apply to the
value of repairs, alterations, or processing
performed (in China and Hong Kong), as
described in the applicable subheading. For
heading 9802.00.80, the additional duties
apply to the value of the article assembled
abroad (in China and Hong Kong), less the
cost or value of such products of the United
States, as described.
Products of China and Hong Kong that are
provided for in heading 9903.01.20 shall
continue to be subject to antidumping,
countervailing, or other duties, taxes, fees,
exactions and charges that apply to such
products, as well as to the additional ad
valorem rate of duty imposed by heading
9903.01.20.
Products of China and Hong Kong that are
provided for in heading 9903.01.20 and that
are otherwise eligible for the administrative
exemption from duty and certain taxes at 19
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General
Special
The duty provided in
the applicable
subheading.
The duty provided in
the applicable
subheading.
U.S.C. 1321(a)(2)(C)—known as ‘‘de
minimis’’ exemption—may continue to
qualify for the exemption, but the de minimis
exemption shall cease to be available for such
articles upon notification by the Secretary of
Commerce, in consultation with the
Secretary of the Treasury, to the President
that adequate systems are in place to fully
and expediently process and collect tariff
revenue applicable for covered articles
otherwise eligible for the de minimis
exemption.
(t) Heading 9903.01.21 covers only
products of China and Hong Kong, that are
donations, by persons subject to the
jurisdiction of the United States, of articles,
such as food, clothing, and medicine,
intended to be used to relieve human
suffering, except to the extent that the
President determines that such donations (A)
would seriously impair his ability to deal
with any national emergency declared under
section 1701 of title 19 of the U.S. Code, (B)
are in response to coercion against the
proposed recipient or donor, or (C) would
endanger Armed Forces of the United States
which are engaged in hostilities or are in a
situation where imminent involvement in
hostilities is clearly indicated by the
circumstances.’’
[FR Doc. 2025–02576 Filed 2–10–25; 11:15 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs,
Interior.
Notice.
ACTION:
This notice publishes the
Presidential Memorandum titled
‘‘Federal Recognition of the Lumbee
Tribe of North Carolina.’’
DATES: The Presidential memorandum
was issued on January 23, 2025.
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Fmt 4703
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On
January 23, 2025, the President of the
United States issued a Presidential
memorandum (PM) to the Secretary of
the Interior (Secretary) titled ‘‘Federal
Recognition of the Lumbee Tribe of
North Carolina,’’ which directs the
Secretary to review ‘‘all applicable
authorities regarding the recognition or
acknowledgement of Indian tribes’’ and,
in consultation with the leadership of
the Lumbee Tribe of North Carolina,
‘‘submit to the President a plan to assist
the Lumbee Tribe in obtaining full
Federal recognition through legislation
or other available mechanisms,
including the right to receive full
Federal benefits’’ within 90 days of the
date of the PM. The PM further
authorizes and directs the Secretary to
publish the PM in the Federal Register.
SUPPLEMENTARY INFORMATION:
Bryan Mercier,
Director, Bureau of Indian Affairs, Exercising
the delegated authority of the Assistant
Secretary—Indian Affairs.
Memorandum for the Secretary of the Interior
Presidential Memorandum; Lumbee
Tribe of North Carolina
PO 00000
Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative
Action, Office of the Assistant
Secretary—Indian Affairs, (202) 738–
6065.
January 23, 2025
[256A2100DD AAKP300000
A0A501010.000000]
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Federal Recognition of the Lumbee Tribe of
North Carolina
Bureau of Indian Affairs
AGENCY:
No change’’.
Subject: Federal Recognition of the Lumbee
Tribe of North Carolina
Section 1. Purpose and Policy. The Lumbee
Tribe of North Carolina, known as the People
of the Dark Water, have a long and storied
history. The tribe’s members were
descendants of several tribal nations from the
Algonquian, Iroquoian, and Siouan language
families, including the Hatteras, the
Tuscarora, and the Cheraw. The waters of the
Lumbee River and lands that surround it
have protected and provided for the Lumbee
people for centuries despite war, disease, and
many other perils.
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]]>Agencies
[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Notices]
[Pages 9431-9434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02576]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Amended Notice of Implementation of Additional Duties on Products
of the People's Republic of China Pursuant to the President's February
1, 2025 Executive Order Imposing Duties To Address the Synthetic Opioid
Supply Chain in the People's Republic of China
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Amended notice.
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SUMMARY: In order to effectuate the President's February 1, 2025
Executive order ``Imposing Duties to Address the Synthetic Opioid
Supply Chain in the People's Republic of China,'' as amended by the
President's February 5, 2025 Executive order ``Amendment to Duties
Addressing the Synthetic Opioid Supply Chain in the People's Republic
of China,'' which imposed specified rates of duty on imports of
articles that are products of the People's Republic of China (PRC or
China), the Secretary of Homeland Security is amending its February 5,
2025 notice in the Federal Register, ``Implementation of Additional
Duties on Products of the People's Republic of China Pursuant to the
President's February 1, 2025 Executive Order Imposing Duties to Address
the Synthetic Opioid Supply Chain in the People's Republic of China,''
to reflect that appropriate action was needed to modify the Harmonized
Tariff Schedule of the United States (HTSUS) as set out in the Annex to
this notice as well as changes to treatment of goods under what is
commonly known as the de minimis exemption.
DATES: The duties set out in the Annex to this document are effective
with respect to products of the PRC that are entered for consumption,
or withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern standard time on February 5, 2025.
FOR FURTHER INFORMATION CONTACT: Brandon Lord, Executive Director,
Trade Policy and Programs, Office of Trade, U.S. Customs and Border
Protection, (202) 325-6432 or by email at [email protected].
Susan Thomas, Executive Director, Cargo and Conveyance Security, Office
of Field Operations, U.S. Customs and Border Protection, (202) 344-3401
or by email at [email protected].
SUPPLEMENTARY INFORMATION: 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) (90 FR 8327 (January 29, 2025)). See National
Emergencies Act (50 U.S.C. 1601 et seq.) (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 or China) 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
[[Page 9432]]
and extraordinary threat, which has its source in 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 et
seq.) (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 ad
valorem tariffs on all imports that are products of the PRC, excluding
those encompassed by 50 U.S.C. 1702(b). Specifically, the February 1,
2025 Executive order (E.O. 14195) (90 FR 9121 (February 7, 2025))
adjusted duties on imported products of the PRC, by imposing,
consistent with law, an additional 10 percent ad valorem rate of duty
as described in the Annex to this notice.
On February 5, 2025, the Secretary of Homeland Security issued a
notice in the Federal Register (90 FR 9038), ``Implementation of
Additional Duties on Products of the People's Republic of China
Pursuant to the President's February 1, 2025 Executive Order Imposing
Duties to Address the Synthetic Opioid Supply Chain in the People's
Republic of China'' (hereinafter referred to as the ``China Duties
Notice''), to reflect the appropriate action was needed to modify the
Harmonized Tariff Schedule of the United States (HTSUS) as set out in
the Annex to this notice. Subsequently, on February 5, 2025, the
President amended subsection (g) of section 2 of the February 1, 2025
Executive order, to modify the application of 19 U.S.C. 1321 to goods
covered by subsection (a) of section 2 of the President's February 1,
2025 Executive order. See ``Amendment to Duties Addressing the
Synthetic Opioid Supply Chain in the People's Republic of China''
(February 5, 2025) (E.O. 14200). Specifically, as amended, subsection
(g) of section 2 of the February 1, 2025 Executive order provides that
duty-free de minimis treatment under 19 U.S.C. 1321 is available for
otherwise eligible covered articles described in the Executive order,
but shall cease to be available for such articles upon notification by
the Secretary of Commerce, in consultation with the Secretary of the
Treasury, to the President that adequate systems are in place to fully
and expediently process and collect tariff revenue applicable pursuant
to subsection (a) of section 2 of the Executive order for covered
articles otherwise eligible for de minimis treatment.
To effectuate the changes made by the February 5, 2025 Executive
order, DHS is republishing its China Duties Notice in its entirety with
changes to reflect both Executive orders.
The February 1, 2025 Executive order directed the Secretary of
Homeland Security, to determine and implement the necessary
modifications to the Harmonized Tariff Schedule of the United States
(HTSUS), consistent with law, to effectuate the Executive order.
In order to implement the rates of duty imposed by the Executive
order, effective on 12:01 a.m. eastern standard time on February 4,
2025, subchapter III of chapter 99 of the HTSUS is modified by the
Annex to this notice.
Articles that are the products of China, which hereinafter will
include products of Hong Kong in accordance with Executive Order 13936
on Hong Kong Normalization (see 85 FR 43413 (July 17, 2020)), excluding
those encompassed by 50 U.S.C. 1702(b), that are entered for
consumption, or withdrawn from warehouse for consumption, on or after
12:01 a.m. eastern standard time on February 4, 2025, will be subject
to the additional ad valorem rate of duty provided for in new HTSUS
heading 9903.01.20, except that goods entered for consumption, or
withdrawn from warehouse for consumption, after 12:01 a.m. eastern
standard time on February 4, 2025, that were loaded onto a vessel at
the port of loading, or in transit on the final mode of transport prior
to entry into the United States, before 12:01 a.m. eastern time on
February 1, 2025, shall not be subject to such additional duty only if
the importer certifies to CBP that the goods so qualify by declaring
new HTSUS heading 9903.01.23 as described in the Annex to this notice.
The exception for goods that were in transit before February 1, 2025,
is time limited, to prevent importers from abusing this provision when
it is no longer realistic due to the passage of time, as provided in
new HTSUS heading 9903.01.23 that is described the Annex to this
notice, and will only apply to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern standard time on February 4, 2025, and before 12:01 a.m.
eastern standard time on March 7, 2025.
Imported products of China that are encompassed by 50 U.S.C.
1702(b) will not be subject to the additional ad valorem duty provided
for in new HTSUS heading 9903.01.20, but such qualifying products,
other than products for personal use included in accompanied baggage of
persons arriving in the United States, must be declared and entered
under new HTSUS heading 9903.01.21 or new HTSUS heading 9903.01.22.
Specifically, new HTSUS heading 9903.01.21 covers products encompassed
by 50 U.S.C. 1702(b)(2) and new HTSUS heading 9903.01.22 covers
products encompassed by 50 U.S.C. 1702(b)(3).\1\
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\1\ 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 which
encompasses imported articles of merchandise.
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The additional ad valorem duty provided for in new HTSUS heading
9903.01.20 applies in addition to all other applicable duties, taxes,
fees, exactions, and charges.
Further, pursuant to the February 5, 2025 Executive order, the
administrative exemption from duty and certain taxes at 19 U.S.C.
1321(a)(2)(C)--known as the de minimis exemption--continues to be
available for articles covered by heading 9903.01.20 that are otherwise
eligible for the exemption, including for eligible articles sent to the
United States through the international postal network, but shall cease
to be available for such articles upon notification by the Secretary of
Commerce, in consultation with the Secretary of the Treasury, to the
President that adequate systems are in place to fully and expediently
process and collect tariff revenue applicable to articles covered by
heading 9903.01.20 otherwise eligible for the de minimis exemption.
Accordingly, articles that are the product of China, including products
of Hong Kong, that are eligible for the de minimis exemption and are
covered by heading 9903.01.20 may continue to request de minimis entry
and clearance until such time as the Secretary of Commerce, in
consultation with the Secretary of the Treasury, so notifies the
President and further guidance is provided.
As of February 10, 2025, there will be no retroactive application
of these changes for any shipments that would have otherwise qualified
for de minimis treatment based on the February 5, 2025 Executive order
``Amendment to Duties Addressing the Synthetic Opioid Supply Chain in
the People's Republic of China.''
Products of China that are eligible for temporary duty exemptions
or reductions under subchapter II to chapter 99 shall be subject to the
additional ad valorem rate of duty imposed by heading 9903.01.20.
[[Page 9433]]
The additional duties imposed by heading 9903.01.20 shall not apply
to goods for which entry is properly claimed under a provision of
chapter 98 of the tariff schedule pursuant to applicable regulations of
U.S. Customs and Border Protection (``CBP''), and whenever CBP agrees
that entry under such a provision is appropriate, except for goods
entered under heading 9802.00.80; and subheadings 9802.00.40,
9802.00.50, and 9802.00.60. For subheadings 9802.00.40, 9802.00.50, and
9802.00.60, the additional duties apply to the value of repairs,
alterations, or processing performed (in the PRC), as described in the
applicable subheading. For heading 9802.00.80, the additional duties
apply to the value of the article assembled abroad (in the PRC), less
the cost or value of such products of the United States, as described.
Articles that are products of the PRC, excluding those encompassed
by 50 U.S.C. 1702(b), except those that are eligible for admission to a
foreign trade zone under ``domestic status'' as defined in 19 CFR
146.43, and are admitted into a United States foreign trade zone on or
after 12:01 a.m. eastern standard time on February 4, 2025, must be
admitted as ``privileged foreign status'' as defined in 19 CFR 146.41.
Such articles will be subject, upon entry for consumption, to the
duties imposed by the Executive order and the rates of duty related to
the classification under the applicable HTSUS subheading in effect at
the time of admission into the United States foreign trade zone.
No drawback shall be available with respect to the additional
duties imposed pursuant to the Executive order.
Kristi Noem,
Secretary.
Annex
To Modify Chapter 99 of the Harmonized Tariff Schedule of the United
States
Effective with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern standard time on February 5, 2025, subchapter III of chapter
99 of the Harmonized Tariff Schedule of the United States (HTSUS) is
modified:
1. by inserting the following new heading 9903.01.20 in
numerical sequence, with the material in the new heading inserted in
the columns of the HTSUS labeled ``Heading/Subheading'', ``Article
Description'', ``Rates of Duty 1-General'', ``Rates of Duty 1-
Special'' and ``Rates of Duty 2'', respectively:
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Rates of duty
--------------------------------------------------------
Heading/ subheading Article description 1
------------------------------------ 2
General Special
----------------------------------------------------------------------------------------------------------------
``9903.01.20.......... Except for products described The duty The duty No change''.
in headings 9903.01.21, provided in the provided in the
9903.01.22, or 9903.01.23 applicable applicable
articles the product of China subheading +10%. subheading +10%.
and Hong Kong, as provided for
in U.S. note 2(s) to this
subchapter.
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2. by inserting the following new heading 9903.01.21 in
numerical sequence, with the material in the new heading inserted in
the columns of the HTSUS labeled ``Heading/Subheading'', ``Article
Description'', ``Rates of Duty 1-General'', ``Rates of Duty 1-
Special'' and ``Rates of Duty 2'', respectively:
----------------------------------------------------------------------------------------------------------------
Rates of duty
--------------------------------------------------------
Heading/ subheading Article description 1
------------------------------------ 2
General Special
----------------------------------------------------------------------------------------------------------------
``9903.01.21.......... Articles the product of China The duty The duty No change''.
and Hong Kong that are provided in the provided in the
donations, by persons subject applicable applicable
to the jurisdiction of the subheading. subheading.
United States, of articles,
such as food, clothing, and
medicine, intended to be used
to relieve human suffering, as
provided for in U.S. note 2(t)
to this subchapter.
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3. by inserting the following new heading 9903.01.22 in
numerical sequence, with the material in the new heading inserted in
the columns of the HTSUS labeled ``Heading/Subheading'', ``Article
Description'', ``Rates of Duty 1-General'', ``Rates of Duty 1-
Special'' and ``Rates of Duty 2'', respectively:
----------------------------------------------------------------------------------------------------------------
Rates of duty
--------------------------------------------------------
Heading/ subheading Article description 1
------------------------------------ 2
General Special
----------------------------------------------------------------------------------------------------------------
``9903.01.22.......... Articles the product of China The duty The duty No change''.
and Hong Kong that are provided in the provided in the
informational materials, applicable applicable
including but not limited to, subheading. subheading.
publications, films, posters,
phonograph records,
photographs, microfilms,
microfiche, tapes, compact
disks, CD ROMs, artworks, and
news wire feeds.
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4. by inserting the following new heading 9903.01.23 in
numerical sequence, with the material in the new heading inserted in
the columns of the HTSUS labeled ``Heading/Subheading'', ``Article
Description'', ``Rates of Duty 1-General'', ``Rates of Duty 1-
Special'' and ``Rates of Duty 2'', respectively:
[[Page 9434]]
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Rates of duty
--------------------------------------------------------
Heading/ subheading Article description 1
------------------------------------ 2
General Special
----------------------------------------------------------------------------------------------------------------
``9903.01.23.......... Except for products described The duty The duty No change''.
in headings 9903.01.21 and provided in the provided in the
9903.01.22, and other than applicable applicable
products for personal use subheading. subheading.
included in accompanied
baggage of persons arriving in
the United States, articles
the product of China and Hong
Kong that: (1) were loaded
onto a vessel at the port of
loading, or in transit on the
final mode of transport prior
to entry into the United
States, before 12:01 a.m.
eastern standard time on
February 1, 2025; and (2) are
entered for consumption, or
withdrawn from warehouse for
consumption, on or after 12:01
a.m. eastern standard time on
February 4, 2025, and before
12:01 a.m. eastern standard
time on March 7, 2025.
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5. by inserting the following new U.S. note 2(s) to subchapter
III of chapter 99 of the HTSUS in numerical sequence:
``2. (s) For the purposes of heading 9903.01.20, products of
China and Hong Kong, other than products described in heading
9903.01.21, heading 9903.01.22, heading 9903.01.23, and other than
products for personal use included in accompanied baggage of persons
arriving in the United States, shall be subject to an additional 10%
ad valorem rate of duty. Notwithstanding U.S. note 1 to this
subchapter, all products of China and Hong Kong that are subject to
the additional ad valorem rate of duty imposed by heading 9903.01.20
shall also be subject to the general rates of duty imposed on
products of China and Hong Kong entered under subheadings in
chapters 1 to 97 of the tariff schedule. Products of China and Hong
Kong that are eligible for temporary duty exemptions or reductions
under subchapter II to chapter 99 shall be subject to the additional
ad valorem rate of duty imposed by heading 9903.01.20.
The additional duties imposed by heading 9903.01.20 shall not
apply to goods for which entry is properly claimed under a provision
of chapter 98 of the tariff schedule pursuant to applicable
regulations of U.S. Customs and Border Protection (``CBP''), and
whenever CBP agrees that entry under such a provision is
appropriate, except for goods entered under heading 9802.00.80; and
subheadings 9802.00.40, 9802.00.50, and 9802.00.60. For subheadings
9802.00.40, 9802.00.50, and 9802.00.60, the additional duties apply
to the value of repairs, alterations, or processing performed (in
China and Hong Kong), as described in the applicable subheading. For
heading 9802.00.80, the additional duties apply to the value of the
article assembled abroad (in China and Hong Kong), less the cost or
value of such products of the United States, as described.
Products of China and Hong Kong that are provided for in heading
9903.01.20 shall continue to be subject to antidumping,
countervailing, or other duties, taxes, fees, exactions and charges
that apply to such products, as well as to the additional ad valorem
rate of duty imposed by heading 9903.01.20.
Products of China and Hong Kong that are provided for in heading
9903.01.20 and that are otherwise eligible for the administrative
exemption from duty and certain taxes at 19 U.S.C. 1321(a)(2)(C)--
known as ``de minimis'' exemption--may continue to qualify for the
exemption, but the de minimis exemption shall cease to be available
for such articles upon notification by the Secretary of Commerce, in
consultation with the Secretary of the Treasury, to the President
that adequate systems are in place to fully and expediently process
and collect tariff revenue applicable for covered articles otherwise
eligible for the de minimis exemption.
(t) Heading 9903.01.21 covers only products of China and Hong
Kong, that are donations, by persons subject to the jurisdiction of
the United States, of articles, such as food, clothing, and
medicine, intended to be used to relieve human suffering, except to
the extent that the President determines that such donations (A)
would seriously impair his ability to deal with any national
emergency declared under section 1701 of title 19 of the U.S. Code,
(B) are in response to coercion against the proposed recipient or
donor, or (C) would endanger Armed Forces of the United States which
are engaged in hostilities or are in a situation where imminent
involvement in hostilities is clearly indicated by the
circumstances.''
[FR Doc. 2025-02576 Filed 2-10-25; 11:15 am]
BILLING CODE 9111-14-P
