On Thursday, a group of families of fentanyl victims jointly submitted a petition to the Office of the United States Trade Representative, Katherine Tai, calling for an investigation into the role played by the Chinese Communist Party in exacerbating the fentanyl crisis in the United States and proposing trade countermeasures.
According to Reuters, this petition was filed under Section 301 of the Trade Act of 1974, which allows the US to impose sanctions on foreign governments that violate trade agreements or harm US commercial interests. These families are seeking measures such as imposing tariffs of at least $50 billion on Chinese goods as a retaliatory measure for the Chinese government’s failure to curb the export of fentanyl precursors.
Fentanyl is known as the “greatest drug threat in US history.” According to the National Center for Health Statistics (NCHS), over 200 Americans die daily from opioid use, with fentanyl accounting for seventy percent of these deaths.
A research report titled “Holding China (CCP) and Mexico Accountable for the US Fentanyl Crisis” released by the Traditional Foundation on September 9th indicates that the fentanyl crisis in the US “directly originates from the Chinese Communist Party.”
The petition states that the failure of the Chinese authorities to crackdown on the export of precursors used to manufacture illicit fentanyl has led to billions of dollars in productivity losses, increased medical and law enforcement expenses, and loss of life due to synthetic drug overdoses in the US.
According to an analysis by the Joint Economic Committee (JEC) of the US Congress in 2022, the opioid crisis cost the US nearly $1.5 trillion in losses in 2020.
Government data shows that in just the past year, nearly 75,000 Americans died from synthetic opioid overdoses, with the death toll approaching 500,000 over the past decade.
Section 301 authorizes the US Trade Representative (USTR) to investigate and protect the US from harm caused by foreign trade practices, including actions that “burden or restrict” US commerce. Any US citizen can file an application, and the USTR must decide whether to initiate an investigation within 45 days.
A spokesperson for the US Trade Representative’s Office stated that they are reviewing the petition.
Nazak Nikakhtar, a lawyer from Wiley Rein LLP and former official of the US Department of Commerce, who submitted the petition on behalf of these families, told Reuters that given the destructive impact of fentanyl addiction on the US workforce and economy, this issue falls “completely” within the legal mandate of the USTR’s Office.
Nikakhtar said, “China (CCP) will respond to economic pressure. We will exert economic pressure on China (CCP).”
The petition recommends various trade countermeasures, including imposing tariffs of at least $50 billion on goods and services from China and prohibiting Chinese goods from entering the US through a trade regulation called “de minimis,” which allows international parcels valued below $800 to enter the US duty-free with minimal documentary evidence and inspection.
A Reuters investigation this year revealed that Chinese chemical companies openly sell fentanyl precursors online and easily ship them to the US through “de minimis” parcels.
One of the plaintiffs in the petition, Andrea Thomas, expressed hope that trade actions could compel the Chinese Communist Party to stop exporting fentanyl precursor chemicals, thereby saving lives.
Her daughter died in 2018 after taking a fentanyl pill disguised as a painkiller. Thomas said, “This has caused immense harm to our family.”
The petition was filed in the weeks leading up to the US presidential election, with fentanyl becoming a key issue in the campaign.
Former President Trump frequently criticized the fentanyl crisis, pledging to take strict measures, including potential military action against Mexican drug cartels.
His Democratic challenger, Vice President Kamala Harris, promised to combat the global fentanyl supply chain to prevent finished fentanyl from entering the US from Mexico.
Recent government data shows that although overdose death rates in the US are still high, the rate of deaths appears to be slowing down. The Biden administration attributes this to its harm reduction initiatives and law enforcement efforts. Some US lawmakers are calling for more aggressive measures to compel Beijing to take action.