ARTICLE
15 September 2025

Fentanyl Tariffs

KL
Herbert Smith Freehills Kramer LLP

Contributor

Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
35% tariff (The rate was increased from 25% to 35% effective as of 12:01 a.m. (EST) on August 1, 2025).
Worldwide International Law

Canada

Legal basis:International Emergency Economic Powers Act (IEEPA)

Effective date: 1 August 2025

Tarriff rate

  • 35% tariff (The rate was increased from 25% to 35% effective as of 12:01 a.m. (EST) on August 1, 2025).
  • 10% for "energy or energy resources" and potash.
  • 40% transshipment duty rate, plus fines and penalties, imposed on any articles that (i) do not qualify for USMCA treatment; and (ii) are "determined by [CBP] to have been transshipped to evade applicable duties".
  • The 40% transshipment duty rate applies in addition to the rate of duty for the actual country of origin of the goods.
  • US authorities to publish a list of "countries and specific facilities used in circumvention schemes" and update every six months.

Carve-outs

  • Goods that satisfy USMCA rules of origin are exempt.
  • Goods subject to the Automotive Tariffs are not subject to additional Fentanyl Tariffs or other tariffs.
  • Goods subject to Fentanyl Tariffs are not subject to additional sectoral tariffs on aluminum and steel and derivative aluminum and steel products.

Mexico

Legal basis: International Emergency Powers Act (IEEPA)

Effective date: 4 March 2025

Tariff rate

  • 25% tariff (10% of potash)
  • On July 31, 2025, President Trump and Mexican President Sheinbaum agreed to a 90-day extension of negotiations.

Carve-outs

  • Goods that satisfy USMCA rules of origin are exempt.

China

Legal basis:International Emergency Powers Act (IEEPA)

Effective date: 4 March 2025

Tariff rate

  • 20% tariff (plus 10% Reciprocal Tariff, for a total effective minimum tariff of 30%)
  • The 90-day "truce" agreed between the United States and China for continued trade negotiations ends on August 12, 2025. Absent a further extension or agreement, the effective rates for Chinese goods may increase significantly.
  • The 30% rate is additive, ie, apart from the exceptions noted for Reciprocal Tariffs (eg, Section 232 tariffs), the 30% duty rate applies on top of existing duties payable for any given article from China, eg, (i) Most Favored Nation tariffs; (ii) tariffs imposed under Section 232; and (iii) tariffs imposed under Section 301.

Carve-outs
Parties continue to negotiate potential exemptions

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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