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.
The exclusion from solar safeguard tariffs for bifacial solar panels -- originally meant to help utility-scale installations -- is about to end, the Biden administration announced May 16.
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."
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.
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.
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."
While the U.S. should look to counter China with export controls, tariffs and outbound investment restrictions, it also needs to better incentivize trading partners to diversify their supply chains away from China, the Atlantic Council said this week.
Former Sen. Chris Dodd, special presidential adviser for the Americas, said that the administration welcomes the Americas Act (see 2403060033), a bill that proposes setting country-by-country de minimis levels, and instructs the administration to reconsider U.S. tariffs "with the focus on the principle of reciprocity" for most favored nation rates and to open a dialogue with Mexico and Canada on allowing Costa Rica and Uruguay to join USMCA. It also would exclude Chinese and Russian shippers from de minimis eligibility, allow Ecuador and Uruguay to use Caribbean Basin Trade Partnership Act tariff benefits for certain goods, "with the goal of an eventual full-scale FTA with Uruguay and Ecuador," and asks the administration to make it so goods across Western hemisphere free trade agreements could cumulate among those agreements -- so Costa Rican content could be added to Colombian and Mexican content, for instance.
House Ways and Means Committee Chairman Rep. Jason Smith and Trade Subcommittee Chairman Rep. Adrian Smith called out U.S. Trade Representative Katherine Tai for the lengthy wait for the Section 301 tariffs review, which officially started in July 2022 after a round of comments that year in May in favor of extending the action.
In the first third of its first public hearing on promoting supply chain resilience, the Office of the U.S. Trade Representative and interagency officials heard from groups disputing the premise of the project -- that liberalizing trade was harmful to U.S. workers and manufacturing -- and from those who say the worker-centered trade approach of the Biden administration is not going far enough to restore American manufacturing.