China doesn't have to be our enemy by law. Japan wasn't our enemy by law until they bombed Pearl Harbor. A party acting overtly or covertly to subvert our system is by any definition an enemy. To the extent that Americans act either on their own or in concert with another government to subvert us, they have committed an overt act that is actionable. Failing to act upon it doesn't change what it is.
On my one trip to Wal-Mart I bought a salad spinner that was made in china -- am I a traitor?