The Fentanyl Tariffs are a set of IEEPA-based duties imposed in early 2025 on imports from China, Canada, and Mexico, citing the inflow of illicit fentanyl and its precursors as the "unusual and extraordinary threat" justifying emergency action under 50 U.S.C. § 1701.
The three executive orders and their rates:
- Executive Order 14193 (Canada) — 25% on most imports from Canada, with a 10% rate on Canadian energy products (oil, gas, electricity, and uranium)
- Executive Order 14194 (Mexico) — 25% on imports from Mexico
- Executive Order 14195 (China) — Initially 10%, raised to 20% in March 2025 on virtually all imports from China and Hong Kong
The tariffs are declared under Chapter 99 subheadings (9903.01.20, 9903.01.21, 9903.01.22, 9903.01.23) and stack on top of underlying Chapter 1–97 duties as well as Section 301, Section 232, and any applicable AD/CVD.
Notable design features:
- No de minimis — The fentanyl tariff orders eliminated the $800 de minimis exemption for low-value parcels from China and (initially) Canada and Mexico
- USMCA-qualifying carve-out — Goods that meet USMCA rules of origin from Canada and Mexico were eventually exempted following negotiations
- No exclusion process — Unlike Section 301, the fentanyl tariffs offer no product-specific exclusions
The fentanyl tariffs are among the IEEPA measures partially upheld in the Trump v. CASA and V.O.S. Selections litigation, on the theory that the fentanyl emergency is narrower and better-supported than the broader "trade deficit" emergency underlying the reciprocal tariffs.