On May 14, the Office of U.S. Trade Representative (USTR) published its report on the four-year review of the Section 301 tariffs on Chinese-origin goods first imposed in 2018. The report concludes that the tariffs have been effective, but China has not yet eliminated the technology transfer-related acts, policies, and practices at issue in the original investigation. Consequently, the USTR will continue to impose Section 301 tariffs on the products currently subject to additional duties.
The USTR is also proposing the following additions or increases to the Section 301 tariffs:
Product | Current Tariff | Proposed Tariff |
Battery parts (non-lithium-ion batteries) | 7.5% | 25% in 2024 |
Electric vehicles (EVs) | 25% | 100% in 2024 |
Facemasks and respirators (PPE) | 0–7.5% | 25% in 2024 |
Lithium-ion EV batteries | 7.5% | 25% in 2024 |
Lithium-ion non-EV batteries | 7.5% | 25% in 2026 |
Natural graphite | 0% | 25% in 2026 |
Other critical minerals | 0% | 25% in 2024 |
Permanent magnets | 0% | 25% in 2026 |
Rubber medical and surgical gloves | 7.5% | 25% in 2026 |
Semiconductors | 25% | 50% in 2025 |
Ship-to-shore cranes | 0% | 25% in 2024 |
Solar cells (whether or not assembled into modules) | 25% | 50% in 2024 |
Steel and aluminum products | 0–7.5% | 25% in 2024 |
Syringes and needles | 0% | 50% in 2024 |
The additions are intended to target China’s high-tech “new three”: solar products, lithium-ion batteries, and electric vehicles.
The USTR is also proposing creating an exclusion process targeting machinery used in domestic manufacturing, including 19 exclusions for certain solar manufacturing equipment (outlined at the end of the report).
The USTR will issue a Federal Register notice next week, which will provide additional details about the proposed modifications and exclusion process, as well as an opportunity for public comments.
The USTR’s report does not specifically address the current Section 301 exclusions that are set to expire on May 31.