Trump Issues Executive Orders Modifying China Tariff Rates and Fentanyl-Related Duties

On November 4, 2025, President Trump issued two executive orders modifying tariff rates with China as part of an economic and trade arrangement. The first order, “Modifying Reciprocal Tariff Rates Consistent With the Economic and Trade Arrangement Between the United States and the People’s Republic of China,” suspends heightened reciprocal tariffs and maintains a 10 percent ad valorem tariff until November 10, 2026, preventing a scheduled increase to 34 percent. The second order, “Modifying Duties Addressing the Synthetic Opioid Supply Chain in the People’s Republic of China,” reduces the additional fentanyl-related tariff rate from 20 percent to 10 percent, effective November 10, 2025, after China committed to stop shipment of certain designated chemicals and take measures to end the flow of fentanyl to the United States. The orders follow a broader U.S.-China trade deal in which China committed to eliminate export controls on rare earth elements, address retaliation against U.S. semiconductor manufacturers, and purchase U.S. agricultural goods. Significantly, the Trump Tyranny Tracker reported on November 4 that the White House has drafted backup legal authorities (Sections 232, 301, 122, 338) to maintain Trump’s tariff regime if courts strike down his emergency powers approach, indicating the administration’s intention to circumvent judicial review through alternative legal mechanisms. This demonstrates the administration’s systematic effort to maintain controversial tariff policies regardless of constitutional or judicial constraints.