On May 14th, the U.S. Trade Representative released a statement on the review of the Section 301 China tariffs.
“After thorough review of the statutory report on Section 301 tariffs, and having considered my advice, President Biden is directing me to take further action to encourage the elimination of the People’s Republic of China’s unfair technology transfer-related policies and practices that continue to burden U.S. commerce and harm American workers and businesses,” said Ambassador Katherine Tai.
The recommendations laid out in the report:
Products from China currently subject to the Section 301 tariffs should remain
Add or increase tariffs for certain products; see Table A below
Establish an exclusion process targeting machinery used in domestic manufacturing (Chapter 84 and Chapter 85 of the Harmonized Tariff Schedule of the United States (HTSUS)); see Appendix K of the review
Proposal for 19 exclusions for certain solar manufacturing equipment; see Appendix L of the review
Allocate funds to U.S. Customs for greater enforcement of Section 301 actions
Greater collaboration and cooperation between private companies and government to combat state-sponsored technology theft.
Continue assessing approaches to support diversification of supply chains to enhance our own (U.S.) supply chain resilience.
The USTR is expected to issue a Federal Register notice next week with information on a comment period for the proposed modifications.
Table A
Battery parts (non-lithium-ion batteries)
Increase rate to 25% in 2024
Electric vehicles
Increase rate to 100% in 2024
Facemasks
Increase rate to 25% in 2024
Lithium-ion electrical vehicle batteries
Increase rate to 25% in 2024
Lithium-ion non-electrical vehicle batteries
Increase rate to 25% in 2026
Medical gloves
Increase rate to 25% in 2026
Natural graphite
Increase rate to 25% in 2026
Other critical minerals
Increase rate to 25% in 2024
Permanent magnets
Increase rate to 25% in 2026
Semiconductors
Increase rate to 50% in 2025
Ship to shore cranes
Increase rate to 25% in 2024
Solar cells (whether or not assembled into modules)