# EXECUTIVE ORDER: IMPOSING DUTIES TO ADDRESS THE FLOW OF ILLICIT DRUGS ACROSS OUR NORTHERN BORDER
This Executive Order expands the national emergency previously declared at the southern border to include threats from the northern border, characterizing the influx of illicit drugs, particularly fentanyl, from Canada as an "unusual and extraordinary threat" to U.S. national security. The order portrays Canada as failing to devote sufficient resources or meaningfully coordinate with U.S. law enforcement to stem drug trafficking, specifically noting the presence of Mexican cartels operating fentanyl and nitazene synthesis labs in Canada. According to the order, while seizures from the northern border are smaller than those from Mexico, the potency of fentanyl means that even small quantities pose severe threats, with the order claiming that the amount crossing the northern border last year "could kill 9.5 million Americans."
The order imposes a 25 percent ad valorem tariff on all Canadian products entering the United States (with a lower 10 percent tariff on energy resources), effective February 4, 2025. These duties apply in addition to existing tariffs and explicitly prohibit duty-free treatment under the de minimis exemption that normally applies to low-value shipments. The order authorizes the Secretary of Homeland Security to implement the necessary modifications to the Harmonized Tariff Schedule and includes provisions to prevent tariff avoidance through foreign trade zones. The order also warns that if Canada retaliates with import duties on U.S. exports, the President may increase or expand the scope of duties imposed.
Implementation responsibility falls primarily to the Secretary of Homeland Security, who must consult regularly with the Secretaries of State and Treasury, the Attorney General, and presidential advisors on national security and homeland security regarding the northern border situation. The tariffs will remain in effect until the President determines, based on the Secretary of Homeland Security's assessment, that Canada has "taken adequate steps to alleviate this public health crisis through cooperative enforcement actions." The order also directs relevant officials to recommend additional actions if Canada fails to adequately address illegal migration and drug trafficking concerns, and authorizes the Secretary of Homeland Security to submit recurring reports to Congress on the national emergency as required by law.