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US again increases tariffs on imports from China

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May 21, 2024
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Executive summary

Last week the United States Trade Representative (USTR) announced proposed tariff rate increases on $18 billion worth of Chinese-made products including electric vehicles (EVs), lithium-ion batteries, semiconductors, solar cells, medical supplies, and certain critical minerals and metal products. The announcement comes as the USTR concludes its long-awaited four-year statutory review of the existing Section 301 tariffs applied to $300 billion in annual trade value of Chinese imports which will remain in effect.

This week’s USTR report includes a summary Section 301 tariffs on the US economy. Since their introduction in 2018, US Customs and Border Protection (CBP) has collected more than $200 billion in Section 301 tariffs on affected imports from China. The USTR report provides a glimpse into the economic impact of one of the broadest US trade policy shifts in decades. Relying heavily on analysis contained in the 2023 US International Trade Commission (USITC) report on the economic impact of Section 301 tariffs, USTR summarized their impact on the US economy as follows:

Targeted imports

The table below lists the product categories that will be subject to increased tariffs from USTR’s proposed modifications to the scope and tariff levels of Section 301.

Impacted Products Current Rate Increased Rate Increase Year
Battery parts (non-lithium-ion batteries) 7.50% 25% 2024
Electric vehicles 25% 100% 2024
Facemasks 0-7.5% 25% 2024
Lithium-ion electrical vehicle batteries 7.50% 25% 2024
Other critical minerals 0% 25% 2024
Ship to shore cranes 0% 25% 2024
Solar cells (whether or not assembled into modules) 25% 50% 2024
Steel and aluminum products 7.50% 25% 2024
Syringes and needles 0% 50% 2024
Semiconductors 25% 50% 2025
Lithium-ion non-electrical vehicle batteries 7.50% 25% 2026
Medical gloves 7.50% 25% 2026
Natural graphite 0% 25% 2026
Permanent magnets 0% 25% 2026

Source: United States Trade Representative

The Government of China has not responded positively and promised retaliation for the latest US tariff actions. Also noteworthy is the potential response from Chinese manufacturers that have been continuing to increase investment in US and Mexican-based manufacturing facilities.

Exclusion opportunities

The USTR has also proposed the establishment of a tariff exclusion process that would apply to a broad range of machinery used in domestic manufacturing. This will enable certain machinery to be exempt from Section 301 tariffs. While procedural requirements have yet to be drafted, USTR specifically listed more than 300 machinery-related tariff lines for inclusion in the process. RSM expects that the process, once established, will be similar to the previous Section 301 exclusion process in which interested parties could petition USTR to exempt specific imported goods from Section 301 tariffs.

Additionally, USTR has proposed 19 temporary exclusions for designated solar manufacturing machinery and equipment. Use of these exclusions will not require special approval from USTR but will apply only to goods meeting narrow product descriptions. USTR did not specify a temporary validity time for these 19 exclusions.

Both exclusion proposals provide an opportunity for US manufacturers importing Chinese production machinery and equipment to avoid the increased tariffs. Likewise for other US businesses that are considering re-shoring their supply chains or investment in domestic solar manufacturing.

Importers having a China component in their global supply chains should act to fully understand the impact of this latest US tariff action in terms of planning, compliance risks and potential mitigation strategies. Such an undertaking may include:

RSM specializes in performing such interdisciplinary 360º cross-border activity reviews and has a proven track record of helping companies find the right solutions to complex trade matters. Our team of seasoned professionals, each with deep industry experience, can quickly assess and determine a practical path forward based on your company’s unique needs.