Section 301 Tariffs Additional Actions

May 14, 2024

On May 14, 2024 U.S. Trade Representative Katherine Tai released a statement concerning the statutory 4-year review of the Section 301 investigation into China’s Acts, Policies and Practices relating to technology, intellectual property and more. Components of the 4-year review include effectiveness of tariff action and overall effects of the tariff actions on the U.S. economy.

The Biden administration determined in its final report further action needs to be taken to strengthen certain sectors of the U.S. economy and U.S. workers. President Biden has directed an increase in tariffs on $18 billion of imports from China across strategic sectors.

Tariff Increases under Section 301

• Steel and aluminum: increase 0%-7.5%, increase to 25% in 2024
• Semiconductors: increase from 25% to 50% in 2025
• Electric Vehicles (EVs): increase from 25% to 100% in 2024
• Batteries, battery components and parts and critical minerals:
• Lithium-ion EV batteries: increase from 7.5% to 25% in 2024
• Lithium-ion non-EV batteries: increase from 7.5% to 25% in 2026
• Battery parts: increase from 7.5% to 25% in 2024
• Natural graphite and permanent magnets: increase from 0% to 25% in 2026
• Certain other critical minerals (not specified) increase from 0% to 25% in 2024
• Solar cells (whether or not assembled in modules): increase from 25% to 50% in 2024
• Ship-to-shore cranes: increase from 0% to 25% in 2024
• Medical products:
• Syringes and needles: increase from 0% to 50% in 2024
• Personal protective equipment (PPE), including certain respirators and face masks: increase from 0%-7.5% to 25% in 2024
• Rubber medical and surgical gloves: increase from 7.5% to 25% in 2026

An exclusion process has been proposed.

We will keep you informed as more information becomes available.

If have questions about filing an exclusion request, seeking a refund of past duties paid under Sec. 301, and/or discussing Sec. 301 duty avoidance strategies, such as use of Country of Origin transference or use of “First Sale” valuation, contact George R. Tuttle, III at geo@tuttlelaw.com or at 415-986-8780.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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