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USTR to modify China tariffs under Section 301 following four-year review

President Biden is directing the USTR to add or increase tariffs for certain products.

May 14, 2024

The Office of the U.S. Trade Representative (USTR) today released the four-year review of actions taken in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Read the USTR report (193 pages)

A related USTR release explains that the USTR recommended that products from China currently subject to Section 301 tariffs should remain. Additionally, in light of the increased burden on U.S. commerce, President Biden is directing the USTR to add or increase tariffs for certain products.

The report also makes recommendations for:

  • Establishing an exclusion process targeting machinery used in domestic manufacturing, including proposals for 19 exclusions for certain solar manufacturing equipment;
  • Allocating additional funds to U.S. Customs and Border Protection (CBP) for greater enforcement of Section 301 actions
  •  Greater collaboration and cooperation between private companies and government authorities to combat state-sponsored technology theft
  • Continuing to assess approaches to support diversification of supply chains to enhance our own supply chain resilience

President Biden is also directing the USTR to establish an exclusion process for machinery used in domestic manufacturing and to prioritize exclusions for certain solar manufacturing equipment.

Background

  • The USTR in May 2022 commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation.  
  • The USTR in September 2022 announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions. 
  • The USTR opened a docket on November 15, 2022, for interested persons to submit comments with respect to a number of considerations concerning the review. The USTR received nearly 1,500 comments.

For more information, contact a professional with KPMG Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
E: aahanchian@kpmg.com

Christopher Young
Principal
E: christopheryoung@kpmg.com

Gisele Belotto
Principal
E: gbelotto@kpmg.com

George Zaharatos
Principal
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
Principal
E: jlibby@kpmg.com
John Anderson
Managing Director
E: johneanderson@kpmg.com
Jenna Leigh Glass
Managing Director
E: jennaleighglass@kpmg.com

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