China was subject to two separate IEEPA tariff programs that stacked on top of each other: the fentanyl tariff (Executive Order 14195, up to 20%) and the reciprocal tariff (Executive Order 14257, up to 125%). Both were imposed under IEEPA authority. Both were ruled unconstitutional by the Supreme Court on February 20, 2026. Both are fully refundable. Together they reached a combined peak of 145%. For the full rate history with exact dates, see the rate timeline.
The fentanyl tariff (Executive Order 14195)
Executive Order 14195, signed February 1, 2025 and effective February 4, 2025, imposed the first-ever IEEPA tariff on merchandise imports. The stated justification was the flow of fentanyl precursor chemicals from China into the United States.
Phase 1 — 10% (February 4, 2025). HTS 9903.01.20 imposed a 10% ad valorem tariff on all goods of Chinese origin. No product exclusions. No de minimis threshold at this stage. Every item classified as a product of China was subject to the surcharge.
Phase 2 — 20% cumulative (March 4, 2025). HTS 9903.01.24 added another 10 percentage points, bringing the total fentanyl tariff to 20%. The administration cited insufficient progress on fentanyl enforcement as the basis for the increase. This 20% rate remained in effect for the entire duration of the program — it was never reduced or paused.
The fentanyl tariff was unique to China. No other country faced a fentanyl-specific IEEPA tariff. This is one reason China’s total IEEPA exposure dwarfs every other country — Chinese imports carried this additional 20% layer that imports from Vietnam, India, Thailand, and all other countries did not.
The reciprocal tariff (Executive Order 14257)
Executive Order 14257, signed April 2, 2025, created a separate IEEPA tariff program targeting what the administration described as non-reciprocal trade practices. Unlike the fentanyl tariff, reciprocal tariffs applied to dozens of countries — but China’s rate was by far the highest.
Phase 1 — 34% (April 2, 2025). HTS 9903.01.25 imposed a 34% reciprocal tariff on Chinese-origin goods. This rate was calculated based on the administration’s assessment of China’s trade barriers against U.S. exports.
Phase 2 — 125% (April 9, 2025). After China announced retaliatory tariffs, HTS 9903.01.63 added 91 percentage points to the reciprocal rate, bringing it to 125%. This escalation was explicitly framed as a response to Chinese retaliation. Combined with the 20% fentanyl tariff, the total IEEPA rate hit 145%.
Phase 3 — 34% restored (April 11, 2025). The 125% rate was paused after 48 hours. The reciprocal rate returned to 34%, restoring the combined IEEPA rate to approximately 54%. This pause remained in effect through the Supreme Court ruling.
How the two programs stacked
Both tariff programs applied simultaneously to the same goods. An import from China in April 2025 was assessed:
- Normal MFN duty (varies by product, 0–25%)
- Section 301 tariff (7.5–25% under HTS 9903.88.xx — NOT refundable now)
- Fentanyl tariff (20% under HTS 9903.01.20/24 — REFUNDABLE)
- Reciprocal tariff (34–125% under HTS 9903.01.25/63 — REFUNDABLE)
The IEEPA refund covers layers 3 and 4. The MFN duty and Section 301 tariff are not affected by the Supreme Court ruling. For a detailed comparison of IEEPA vs. Section 301, see the 301 vs. IEEPA explainer.
Comparison table
| Feature | Fentanyl Tariff | Reciprocal Tariff |
|---|---|---|
| Executive Order | EO 14195 | EO 14257 |
| Effective date | February 4, 2025 | April 2, 2025 |
| Legal authority | IEEPA | IEEPA |
| Stated justification | Fentanyl precursor flows | Non-reciprocal trade practices |
| HTS codes | 9903.01.20, 9903.01.24 | 9903.01.25, 9903.01.63 |
| China rate range | 10–20% | 34–125% |
| Peak combined rate | 145% (20% + 125%) | 145% (20% + 125%) |
| Countries affected | China only | 50+ countries (China highest) |
| Ruled unconstitutional | Yes — Feb 20, 2026 | Yes — Feb 20, 2026 |
| Refundable | Yes — full amount | Yes — full amount |
Why the stacking matters for your refund
If your entry summaries show both 9903.01.20/24 AND 9903.01.25/63, you paid both programs on the same goods. Both amounts are refundable. This dual exposure is why China claims are so much larger than any other country’s IEEPA claims.
Consider a $100,000 shipment filed on April 5, 2025. It carried 20% fentanyl ($20,000) plus 34% reciprocal ($34,000) = $54,000 in IEEPA duties. Both layers are refundable. An identical shipment from Vietnam on the same date carried only the reciprocal tariff — no fentanyl layer — resulting in a smaller claim per dollar of import value.
At peak (April 9–11), a $100,000 China shipment generated $145,000 in IEEPA duties: $20,000 fentanyl + $125,000 reciprocal. The duties exceeded the value of the goods. Both layers are fully refundable. For product-category exposure rankings, see the top 10 categories analysis.
How to identify both programs on your entries
Pull your ES-003 report from the ACE portal. For each entry, look at the HTS codes in the duty line items:
- 9903.01.20 = Fentanyl base rate (10%). Present on all China entries from February 4, 2025 onward.
- 9903.01.24 = Fentanyl additional (10%). Present on all China entries from March 4, 2025 onward.
- 9903.01.25 = Reciprocal base rate (34%). Present on China entries from April 2, 2025 onward.
- 9903.01.63 = Reciprocal additional (91%). Present ONLY on entries filed April 9–11, 2025.
Add up the duty amounts across all four codes. That is your total refundable IEEPA exposure for each entry. A free assessment performs this calculation automatically across your entire portfolio. For a quick estimate before pulling your ACE data, use tariffrefundchecker.com. If you need immediate capital rather than waiting for CAPE processing, tariffbuyouts.com offers non-recourse claim acquisition. Trade attorneys and customs brokers can also facilitate recovery through the Tariff Partners program.
FAQ
Q: If I imported from China before April 2, 2025, do I only get the fentanyl tariff refund? A: Yes. Entries filed between February 4 and April 1, 2025 carry only the fentanyl tariff (10–20%). The reciprocal tariff did not exist yet. Those entries are still refundable — just at the lower fentanyl-only rate.
Q: Are the fentanyl and reciprocal tariffs filed separately in CAPE, or as one combined claim? A: CBP’s CAPE system is expected to process both programs in a single declaration per entry. You do not need to file separate claims for fentanyl and reciprocal tariffs. Both HTS code families (9903.01.20/24 and 9903.01.25/63) are included in the same refund request.
Q: My entries show all four IEEPA HTS codes. Does that mean I was at the 145% peak rate? A: Not necessarily. All four codes together indicate the entry was filed between April 9 and April 11, 2025, when the 145% peak rate was in effect. If you see only 9903.01.20 and 9903.01.24 (without 9903.01.25 or 9903.01.63), the entry predates the reciprocal program and was assessed at 20%.