China Section 301 report issued with U.S. proposing some increases

After issuing their China Section 301 Statutory Report of trade actions taken, the United States Trade Representative (USTR) recommended Section 301 tariffs should remain in  effect and included further actions to be taken against China’s unfair technology transfer-related practices.

President Biden issued a Memorandum and believes additional section 301 tariffs would provide incentives for China to eliminate the acts, policies, and practices at issue.

The President also issued a Fact Sheet which included increases in Sec 301 tariffs across strategic sectors such as steel and aluminum, semiconductors, electric vehicles, batteries, critical minerals, solar cells, ship-to-shore cranes, and medical products.



  • Battery parts (non-lithium ion batteries), an increase to 25%
  • Electric vehicles, an increase to 100%
  • Facemasks, an increase to 25%
  • Lithium-ion electrical vehicle batteries, an increase to 25%
  • Other critical minerals, an increase to 25%
  • Ship to shore cranes, an increase to 25%
  • Solar cells (whether or not assembled into modules), an increase to 50%
  • Steel and aluminum products, an increase to 25%
  • Syringes and needles, an increase to 50%


  • Semiconductors, an increase to 50%


  • Lithium-ion non-electrical vehicle batteries, an increase to 25%
  • Medical gloves, an increase to 25%
  • Natural graphite, an increase to 25%
  • Permanent magnets, an increase to 25%

The USTR will publish a list of proposed products with their Section 301 tariff increases in the Federal Register (FR) and include a comment period. We are awaiting this notice to confirm complete product descriptions, HTS, duty rates, and the HTS used to apply the additional duties.

The USTR will also establish a process for domestic manufacturers to request for machinery in Chapter 84 and 85 of the Harmonized Tariff Schedule (HTS) to be temporarily excluded from section 301 tariffs, prioritizing exclusions for certain solar manufacturing equipment.

Reminder, all Section 301 exclusions, both renewed and COVID, are due to expire at end of day on May 31, 2024, unless extended.

General questions may be directed to your Livingston account manager.