China Section 301 tariffs

These are additional import duties imposed by the U.S. under Section 301 of the Trade Act of 1974 on a wide range of Chinese goods, implemented in response to what the U.S. government deems to be unfair trade practices by China, particularly concerning intellectual property and technology transfer. The original tariffs, phased in from 2018 to 2020, are still largely in effect, and the Biden administration has recently increased some rates further, with significant increases seen on electric vehicles, critical minerals, and solar cells. 

What is Section 301?

  • Section 301 gives the U.S. Trade Representative (USTR) authority to investigate and respond to foreign trade practices that are considered unjustifiable, unreasonable, or discriminatory and that burden or restrict U.S. commerce. 

  • The tariffs were initiated under the Trump administration and have continued and expanded under the Biden administration, with the goal of pressuring China to change its trade practices. 

What Products are Affected?

  • The tariffs are applied to a broad spectrum of Chinese imports across multiple "lists" or stages. 

  • Products affected have included machinery, electronics, certain chemicals, and other items considered to be a part of China's technology transfer and intellectual property issues. 

  • Recent increases in 2024 affected:

    • Electric Vehicles (quadrupled to 100%) 

    • Solar Cells (to 50%) 

    • Certain Critical Minerals 

    • Non-lithium ion battery parts 

    • Ship-to-shore cranes 

Current Status

  • The original Section 301 tariffs remain largely in place, though some product exclusions that were previously extended are set to expire. 

  • The Biden administration finalized new, higher tariffs on certain Chinese goods in 2024, targeting specific sectors like EVs and critical minerals. 

  • The complexity arises from these overlapping tariffs, which include the Section 301 duties, Section 232 tariffs on national security grounds (like steel and aluminum), and others. 

How to Find Specifics 

  • The U.S. International Trade Commission (USITC) and the USTR website provide lists of the affected products and their specific Harmonized Tariff Schedule (HTS) codes.

  • Importers need to check the specific 10-digit HTSUS product classification codes for their goods to determine if they are subject to the Section 301 tariffs.