Navigating the New China Tariff Orders: Compliance and Risk Implications

In an article by Brett W. Johnson, Derek Flint, and T. Troy Galan of Snell & Wilmer, the authors explain that President Trump’s November 4, 2025, Executive Orders modestly adjust the China tariff structure, lowering certain rates while extending others. 

The moves suggest short-term flexibility but not a reversal of US policy toward strategic decoupling. For compliance officers, the changes highlight the continued complexity of managing import risk within a politically charged trade environment.

Key modifications include reducing the “fentanyl tariff” from 20% to 10%, maintaining the 10% reciprocal tariff through November 2026, and extending certain Section 301 exclusions without altering existing Section 301 or 232 duties. 

Johnson, Flint, and Galan note that, despite these reductions, the US retains the option to raise tariffs if China fails to meet its commitments on fentanyl or trade reciprocity. The authors also flag ongoing legal uncertainty as the US Supreme Court reviews whether the International Emergency Economic Powers Act authorizes presidential tariff authority. This decision may impact tariff administration, but not the broader policy direction.

As tariff volatility remains a regulatory constant, companies should review their supplier contracts, particularly those with Chinese sellers offering Delivered Duty Paid terms, as importers may still be liable for customs errors. Regular internal audits, broker oversight, and trade counsel engagement are essential to confirm the correct application of tariffs and maintain defensible import records. 

As the authors emphasize, sustainable compliance strategies—such as using Foreign Trade Zones or nearshoring through Mexico’s IMMEX program—are no longer optional but integral to long-term trade risk management.