Full details about the Section 301 exclusion process will be revealed next week, but a White House memo said that importers of machinery in chapters 84 and 85 will need to submit requests for exclusions, even though the Office of the U.S. Trade Representative already has compiled a list of HTS codes it sees as appropriate targets for exclusions. The memo said there will be a way to register opposition to those requests, as well. The memo said the USTR "shall prioritize, in particular, exclusions for certain solar manufacturing equipment."
Mara Lee
Mara Lee, Senior Editor, is a reporter for International Trade Today and its sister publications Export Compliance Daily and Trade Law Daily. She joined the Warren Communications News staff in early 2018, after covering health policy, Midwestern Congressional delegations, and the Connecticut economy, insurance and manufacturing sectors for the Hartford Courant, the nation’s oldest continuously published newspaper (established 1674). Before arriving in Washington D.C. to cover Congress in 2005, she worked in Ohio, where she witnessed fervent presidential campaigning every four years.
Sen. Marco Rubio, R-Fla., criticized President Joe Biden's decision to hike tariffs on Chinese electric vehicles under Section 301. Once the change is implemented, a Polestar or Volvo EV would be taxed at 102.5% rather than 27.5%. Rubio, in a letter sent May 14, said the tariff on cars with internal combustion engines must be equally high, because China exported 3.7 million ICE vehicles last year, compared with 1.2 million EVs.
The restriction that products that owe Section 301 tariffs will not be able to avoid Column 1 tariffs through the Miscellaneous Tariff Bill could greatly reduce how much money is saved by importers.
House Ways and Means Trade Subcommittee Chairman Adrian Smith, R-Mo., along with 17 Republicans on the committee, House Majority Whip Tom Emmer, and Rep. Ralph Norman, R-S.C., have introduced a Miscellaneous Tariff Bill to remove $1.3 million a day in tariffs on items not available from domestic producers.
The administration will hike tariffs this year on steel and aluminum, solar cells (including in modules), ship to shore cranes, electric vehicles, lithium-ion EV batteries, battery parts, some critical minerals, certain respirators and face masks, syringes and needles, and will hike tariffs on other Chinese imports next year and in 2026. A White House fact sheet on the tariffs doesn't include more specific dates.
Section 301 China tariff changes outlined by the Office of the U.S. Trade Representative May 14 will take effect approximately 90 days after a request for comments that will be issued next week. That includes a 100% tariff on Chinese-origin electric vehicles, as well as the jump to 25% Section 301 tariffs on steel and aluminum products, ship to shore cranes, lithium-ion electric vehicle batteries, battery parts for non-lithium-ion batteries, "some critical minerals" and face masks, and a bump to 50% tariffs on solar cells, syringes and needles, the White House said in a fact sheet.
Groups of law enforcement and advocates for opiate addicts, along with the Coalition for a Prosperous America, told the House Ways and Means Committee that while they appreciate its action to restrict de minimis for articles subject to Section 301 tariffs, they hope members develop a "comprehensive solution" to the de minimis crisis.
Bloomberg reported that the White House will release the Section 301 tariffs review next week, with higher tariffs on electric vehicles, batteries and solar cells. The report said it's unclear if there will be any tariff reductions, "though large-scale reductions aren’t expected."
Customs lawyer John Foote, speaking at the Washington International Trade Association during a panel on import bans, investments and export controls, questioned whether the Biden administration is ready to coordinate forced labor import bans with allies, given how the Uyghur Forced Labor Prevention Act is still in its infancy.
Trade groups, companies and a union that represent the aluminum and steel sectors told the Office of the U.S. Trade Representative that they need more protection from import competition, by expansion of the scope of Section 232 tariffs, and by re-negotiation of the rules of origin in both trade agreements and the Section 232 exclusion for Canada and Mexico.