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Amendment to Duties to Address the Situation at our Southern Border

Presidential Action • March 02, 2025 • Document 5328
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Summary

President Donald Trump has amended a previous executive order to address duties related to the southern border situation, specifically altering how duty-free treatment is applied to certain goods under the de minimis rule. This amendment allows for duty-free status to be revoked once the Secretary of Commerce confirms that systems are in place to efficiently process and collect applicable tariffs. The change could impact trade practices and revenue collection, with potential legal implications regarding the enforcement of tariff regulations, while also raising political discussions about border security and economic policy.

Full Text

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.  Executive Order 14194 of February 1, 2025 (Imposing Duties to Address the Situation at Our Southern Border), as amended by Executive Order 14198 of February 3, 2025 (Progress on the Situation at Our Southern Border), is further amended by revising section 2(g) to read as follows:

“(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.  Such duty-free de minimis treatment shall cease to be available for such otherwise eligible covered articles upon notification by the Secretary of Commerce to the President that adequate systems are in place to fully and expeditiously 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,
    March 2, 2025.