Trade, tariffs and industry

Executive Order 14228: Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China

President: Donald J. Trump

Increased the additional China fentanyl-related duty after the President found that China had not taken adequate steps.

Status: Superseded. The 20% rate amendment, replaced before the later IEEPA ruling.

Is Executive Order 14228 still in effect? No. The operative 20% rate was superseded by EO 14357, signed November 4, 2025, which reduced it to 10% for covered entries from November 10, 2025. Subsequently, the Supreme Court rejected IEEPA tariff authority in Learning Resources, Inc. v. Trump on February 20, 2026; EO 14389 ended these underlying duties, with CBP’s covered-entry collection cutoff on February 24, 2026. Original signed text; EO 14357, November 4, 2025; Supreme Court, February 20, 2026; EO 14389; CBP CSMS 67834313.

Trade routes, cargo, laboratory containers and medicine imagery surround a policy document.
The historical China-related tariff amendment, illustrated symbolically; not proof of drug provenance, shipment contents or current tariff liability. EO Explained · site-generated editorial illustration · not documentary evidence.

What does Executive Order 14228 do?

The measure relied on the International Emergency Economic Powers Act (IEEPA). On February 20, 2026, the Supreme Court held that IEEPA does not authorize the President to impose tariffs. The order remains part of the historical presidential record, but its IEEPA duty direction cannot supply current tariff authority.

Administration position: The order’s descriptions of drug trafficking, migration, retaliation or trade imbalance state the administration’s findings. The legal status is governed by the operative instruments and the Supreme Court’s later construction of IEEPA, not by those policy characterisations.

Section 2 made a narrow textual amendment: it replaced “10 percent” with “20 percent” in EO 14195 section 2(a). The stated reason was the administration’s finding that the PRC had not taken adequate steps on the opioid emergency. That is the order’s policy finding, not an independent finding by this guide. Signed sections 1–2.

The order itself did not contain a new calendar-based effective clause or a fresh list of agency tasks. CBP’s March 3, 2025 guidance supplied the operational details: the 20% rate applied to covered China and Hong Kong consumption entries or warehouse withdrawals from March 4 at 12:01 a.m. eastern time, using HTSUS 9903.01.24, subject to the listed exceptions. CBP CSMS 64299816.

This was not a permanent 20% rate. EO 14357 later reduced these additional duties to 10% for covered entries from November 10, 2025. Its replacement of the rate preceded the Supreme Court’s 2026 IEEPA holding and EO 14389’s termination. Other statutory duties and low-value shipment rules require separate analysis. EO 14357, section 2; Termination and preserved measures.

SignedMarch 3, 2025
Duty changeIncreased from 10% to 20%
New agency assignmentsNone in this amendment
CBP implementationMarch 4, 2025

Before and after

Before the order

Tariff treatment was set by the Harmonized Tariff Schedule and measures issued under specific trade statutes.

IEEPA had not previously been used to impose the broad tariffs at issue in the 2026 Supreme Court cases.

After the order

EO 14228 raised the EO 14195 additional rate from 10% to 20%; EO 14357 later replaced it with 10% for covered entries from November 10, 2025. The 2026 IEEPA tariff termination was a subsequent, separate change. Replacement rate and entry date.

The Supreme Court held that IEEPA does not authorize tariffs. The administration then used other statutes for separate measures, including a temporary section 122 surcharge that ran from February 24 to July 24, 2026.

Who had to do what

The President amended the underlying duty terms directly; this short amendment names no agency or official for a new substantive task and creates no separate agency deadline. Customs implementation operated through the underlying tariff framework, with CBP’s later entry instructions supplying the March 4 start. Full signed amendment; Dated CBP implementation.

What happened next

EO 14228 signed.

CBP issued CSMS 64299816 describing the new 20% tariff number, entry date and exceptions. Official customs guidance.

CBP specified the 20% rate for covered entries from 12:01 a.m. eastern time. Operational entry rule.

EO 14228 was published, after its signing and CBP’s implementation date. Official publication.

EO 14357 was signed, directing replacement of the 20% rate with 10%. Later signed order.

EO 14357’s replacement 10% rate took effect for covered entries at 12:01 a.m. eastern time. Section 2(a).

The Supreme Court rejected IEEPA tariff authority; this does not invalidate USMCA qualification or every customs action. Controlling opinion.

EO 14389 ended the underlying listed IEEPA duties as amended, preserving emergencies and non-tariff actions. Termination scope.

CBP issued the operational collection instructions in CSMS 67834313. Dated bulletin.

CBP specified no IEEPA duty collection on covered entries or warehouse withdrawals from 12:00 a.m. eastern time. Covered-entry cutoff.

EO 14389 was published in the Federal Register, after signing and the collection cutoff. Official publication.

A separate temporary 10% surcharge operated under section 122 of the Trade Act.

Current position checked against the Court judgment and official USTR tariff record.

Reviewed court position

Court status

See the court documents in Sources by type.