The Bureau of Industry and Security is eliminating 12 general approved exclusions from Section 232 tariffs on steel and aluminum, it said in a final rule released May 17.
Many importers who were hit with Section 301 tariffs six years ago expected they would be rolled back in 18 months or two or three years, said Nicole Bivens Collinson, director of Sandler Travis's international trade and government relations practice. Then, once that didn't happen, they thought they'd see what happened in the Biden administration.
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.
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."
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.
Rep. Jared Golden, D-Maine, introduced bills that would hike tariffs on green tech. One would add 25% tariffs to most favored nation tariffs for all battery components, solar energy components and wind energy components from China, with a hike of 5% a year until the rates reached 50%. The other, called Protecting American Autoworkers from China Act, would apply a 125% tax on Chinese autos -- not just electric vehicles -- over the MFN rate. That bill would apply to all cars built by Chinese-owned companies, even if they had a European or North American country of origin, "so that Chinese manufacturers cannot use other nations, such as Mexico, as a backdoor to avoid the tariffs."
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.