Adjusting Imports of Aluminum Into the United States

A Proclamation

1. On January 19, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of aluminum on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) (section 232). The Secretary found and advised me of the Secretary's opinion that aluminum is being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States.

2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States), I concurred in the Secretary's finding that aluminum was being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of aluminum articles by imposing a 10 percent ad valorem tariff on such articles imported from most countries. Proclamation 9704 further stated that any country with which the United States has a security relationship is welcome to discuss alternative ways to address the threatened impairment of the national security caused by imports from that country, and noted that, should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that I determine that imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on aluminum articles imports from that country and, if necessary, adjust the tariff as it applies to other countries, as the national security interests of the United States require.

3. In Proclamation 9704, I also directed the Secretary to monitor imports of aluminum articles and inform me of any circumstances that in the Secretary's opinion might indicate the need for further action under section 232 with respect to such imports. Pursuant to Proclamation 9704, the Secretary was authorized to provide relief from the additional duties, based on a request from a directly affected party located in the United States, for any aluminum article determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality, or based upon specific national security considerations. Proclamation 9776 of August 29, 2018, and Proclamation 9980 of January 24, 2020, similarly authorized the Secretary to provide relief from certain tariffs on other aluminum products and derivatives set forth in those proclamations. Read More→

President Trump Demands Fair, Reciprocal Trade

Today, President Donald J. Trump unveiled a plan for fair, free, reciprocal trade as he makes clear to the world that the United States will no longer tolerate being ripped off. The U.S. has one of the most open economies in the world, yet our trading partners keep their markets closed to U.S. exports — and reciprocal trade will finally correct that imbalance.

President Trump’s plan to restore fairness and put American workers first was met with immediate praise:

Renewable Fuels Association: “For almost a decade now, we have spent precious time and resources fighting back against an unfair and unjustified tariff regime imposed by Brazil’s government on U.S. ethanol imports. What’s more ironic is that these tariff barriers have been erected against U.S. ethanol imports while our country has openly accepted—and even encouraged and incentivized—ethanol imports from Brazil. As the two largest ethanol producers on the planet, we long enjoyed a cooperative free-trade relationship with Brazil involving ethanol, relying on each other when there were shortfalls or disruptions in the U.S. or Brazilian marketplace. However, that bilateral cooperation was abandoned by Brazil in 2017, when they instituted a tariff rate quota scheme, and eventually adopted a tariff in 2020. The Brazilian tariff on U.S. ethanol now stands at 18 percent and has virtually eliminated all market access for U.S. ethanol producers. We thank President Trump for taking this action and hope this reciprocal tariff will help encourage a return to free and fair ethanol trade relationship with Brazil.”

American Iron and Steel Institute: “AISI applauds President Trump’s action today ordering the development of a comprehensive plan for restoring fairness in U.S. trade relationships and countering non-reciprocal trading arrangements. American steel producers know well the negative impact of foreign unfair trade practices, including subsidies, currency manipulation and other unfair and discriminatory policies and practices, on domestic industries and their workers … We look forward to working with the Secretary of Commerce, the U.S. Trade Representative and other key administration officials as they develop their plan of action to ensure reciprocity in international trade and to preserve the competitiveness of the American steel industry and other sectors.”

Growth Energy: “While American biofuel producers have been almost entirely blocked off from the Brazilian market, Brazilian producers have enjoyed unfettered access to the U.S. In some cases, certain policies in the U.S. even incentivize the use of imported Brazilian ethanol instead of ethanol produced here in the U.S. This runs contrary to putting America first, and is exactly why President Trump is taking steps to address this issue. Thank you, President Trump for taking action and pushing for a level playing field for American ethanol producers.”

USITC Institutes Section 337 Investigation of Certain Polyvinylidene Fluoride Resins

The U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain polyvinylidene fluoride resins. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Solvay Specialty Polymers, USA LLC of Alpharetta, Ga.; Syensqo SA of Brussels, Belgium; and Solvay Specialty Polymers Italy S.P.A. of Bollate, Italy, on January 13, 2025, and supplemented on February 3, 2025. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain polyvinylidene fluoride resins that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Sinochem Lantian Co., Ltd., Hangzhou, China

  • Inner Mongolia 3F Wanhao Fluorochemical Industry Co. Ltd., Fengzhen, China

  • Zhejiang Juhua Co., Ltd, Quzhou, China

  • Zhejiang Fluorine Chemical New Material Co. Ltd., Shaoxing, China 

  • Hubei Fluorine New Materials Co., Ltd., Qianjiang, China

By instituting this investigation (337-TA-1439), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Stilbenic Optical Brightening Agents from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping orders on certain stilbenic optical brightening agents from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China and Taiwan will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report on Certain Stilbenic Optical Brightening Agents from China and Taiwan (Inv. Nos. 731-TA-1186-1187 (Second Review), USITC Publication 5591, February 2025) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 21, 2025; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library

 BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.  Read More→

Glass Wine Bottles From China and Mexico Does Not Injure U.S. Industry, says USITC

The U.S. International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of glass wine bottles from China and Mexico that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Chair Amy Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the negative.

As a result of the Commission’s negative determinations, Commerce will not issue antidumping duty orders on imports of this product from China and Mexico. 

The Commission’s public report Glass Wine Bottles from China and Mexico (Inv. Nos.731-TA-1662 and 1663 (Final), USITC Publication 5588, February 2025) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 18, 2025; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS)..

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https://www.usitc.gov/press_room/news_release/2025/er0204_66484.htm

E-Commerce Frequently Asked Questions

This page was created to answer questions to E-Commerce email inquiries to assist customers in having a better understanding of e-commerce processes and trade activities.

  • Section 321 does not allow:

    • Merchandise subject to antidumping and countervailing duties.

    • Merchandise subject to quota.

    • Merchandise subject to a tax imposed under the Internal Revenue Code that is collected by other agencies on imported goods (e.g. alcohol and tobacco products, etc.).  

    • Merchandise subject to fees not waived by another government agency.

  • Pursuant to the Customs Modernization Act, it is the responsibility of the importer to use “reasonable care” to “enter,” “classify” and “value” the goods and provide any other information necessary to enable CBP to properly assess duties, collect accurate statistics, and determine whether all other applicable legal requirements are met. 

  • Yes.

DHS Places New Additions to Uyghur Forced Labor Prevention Act (UFLPA) Entity List 

WASHINGTON – Today, the Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), announced the addition of 37 entities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, marking the largest single expansion of the list to date. Among entities added are a large supplier of critical minerals and one of the world’s largest textile manufacturers, both linked to forced labor practices in the People’s Republic of China (PRC). This addition brings the total number of entities on the UFLPA Entity List to 144, representing significant progress in three years since the law was passed. These significant efforts reflect the Biden-Harris Administration’s commitment to eliminating forced labor from our global supply chains and protecting U.S. consumers and businesses from tainted goods.

“In adding 37 companies to the UFLPA Entities List and bringing the total to nearly 150, we again demonstrate our relentless fight against the cruelty of forced labor, our unwavering commitment to basic human rights, and our tireless defense of a free, fair, and competitive market,” said Secretary of Homeland Security Alejandro N. Mayorkas.

“With each addition to the UFLPA Entity List, we are building momentum and showing that our efforts are sustainable and enduring in eradicating forced labor in our nation’s supply chains,” said Acting Under Secretary for Policy, Robert Paschall. “This largest-ever batch of additions reinforces that we are implementing the full force of this law, making impactful updates to the UFLPA Entity List, and enhancing U.S. Customs and Border Protection’s enforcement capabilities.”

The entities added today include globally recognized companies that mine and process Xinjiang’s critical minerals, that grow Xinjiang cotton and manufacture textiles for global export, and that manufacture inputs for solar modules with polysilicon made in Xinjiang. Read More→

https://www.dhs.gov/news/2025/01/14/dhs-announces-addition-37-prc-based-companies-uflpa-entity-list

USTR Requests USITC Investigation of Trade Distribution Effects on MSMEs in Underserved Communities

December 27, 2024

WASHINGTON — The Office of the United States Trade Representative (USTR) today asked the U.S. International Trade Commission (USITC) to launch an investigation of the distributional effects of goods and services trade and trade policy on U.S. micro, small, and medium-sized enterprises (MSMEs), with a focus on those owned or led by persons belonging to underserved and overburdened communities, including those based on race and ethnicity; gender; gender identity and orientation; age; skill, wage, and income; disability; rural location; or other factors. This new research and data analysis will enable USTR to better develop trade policy that contributes to promoting economic security, supporting decent work, and advancing the health and security of U.S. MSMEs.

USTR has requested the USITC to conduct surveys, research, and other outreach in order to prepare a public report that provides information on the distributional effects of trade and trade policy on MSMEs, with a focus on those owned or led by persons in underserved and overburdened communities and includes profiles of such MSMEs, highlighting how they have been affected by international trade.
 
The full text of the letter from Ambassador Tai to USITC Chair Amy Karpel can be found here.
 

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USTR Initiates Section 301 Investigation on China’s Acts, Policies, and Practices Related to Targeting of the Semiconductor Industry for Dominance

December 23, 2024

WASHINGTON – United States Trade Representative Katherine Tai announced today the initiation of an investigation regarding China’s acts, policies, and practices related to targeting of the semiconductor industry for dominance. The investigation will be conducted under Section 301 of the Trade Act of 1974, as amended.
 
Evidence indicates that China seeks to dominate domestic and global markets in the semiconductor industry and undertakes extensive anticompetitive and non-market means, including setting and pursuing market share targets, to achieve indigenization and self-sufficiency. China’s acts, policies, and practices appear to have and to threaten detrimental impacts on the United States and other economies, undermining the competitiveness of American industry and workers, critical U.S. supply chains, and U.S. economic security.

“This investigation underscores the Biden-Harris Administration’s commitment to standing up for American workers and businesses, increasing the resilience of critical supply chains, and supporting the unparalleled investment being made in this industry,” said Ambassador Katherine Tai.
 
The investigation will initially focus on China’s manufacturing of foundational semiconductors (also known as legacy or mature node semiconductors), including to the extent that they are incorporated as components into downstream products for critical industries like defense, automotive, medical devices, aerospace, telecommunications, and power generation and the electrical grid. The investigation will also initially assess whether the impact of China’s acts, policies, and practices on the production of silicon carbide substrates (or other wafers used as inputs into semiconductor fabrication) contributes to any unreasonableness or discrimination or burden or restriction on U.S. commerce.
 
As explained in a formal notice, USTR will be seeking public comments and will hold a public hearing in connection with this investigation. A docket for comments regarding the investigation will open on January 6, 2025. 
 
Background 

Section 301 of the Trade Act of 1974, as amended, (Trade Act) is designed to address unfair foreign practices affecting U.S. commerce. Section 301(b) may be used to respond to unreasonable or discriminatory foreign government practices that burden or restrict U.S. commerce. Under Section 302(b) of the Trade Act, the U.S. Trade Representative may self-initiate an investigation under Section 301. 
 
The U.S. Trade Representative must seek consultations with the foreign government whose acts, policies, or practices are under investigation. USTR has requested consultations with China in connection with the investigation. 
 

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Export Enforcement Releases 2024 Year in Review

Washington, D.C. Today, the Department of Commerce’s Bureau of Industry and Security (BIS) Export Enforcement published its annual Year in Review, a compilation of highlights reflecting Export Enforcement’s accomplishments over the past year.    

The Year in Review includes numerous initiatives from 2024, including the expansion of the Disruptive Technology Strike Force, which, to date, has brought 26 criminal cases charging sanctions and export control violations, smuggling conspiracies, and other offenses related to the transfer of sensitive information, goods, and military-grade technology to the People’s Republic of China, Russia, and Iran. 

The Year in Review also highlights significant criminal and administrative enforcement actions from the past year, including several related to Russian, Chinese, Iranian, and North Korean illicit procurement networks. In addition, the Year in Review describes key partnerships with the interagency, industry, academia, and foreign governments, and it describes updates to the antiboycott enforcement program.   

BIS Export Enforcement protects and promotes U.S. national security by aggressively investigating violations of export control and antiboycott regulations and by partnering with industry and academia to facilitate compliance with those regulations.

More information about the work of Export Enforcement to keep our country’s most sensitive items out of the world’s most dangerous hands can be found at https://www.bis.gov/enforcement. Read More→

https://www.bis.gov/press-release/export-enforcement-releases-2024-year-review

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Quartz Surface Products from China

The U.S. International Trade Commission Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on quartz surface products from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Quartz Surface Products from China (Inv. Nos. 701-TA-606 and 731-TA-1416 (Review), USITC Publication 5578, January 2025) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 14,2025; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.  Read More→

https://www.usitc.gov/press_room/news_release/2025/er0110_66360.htm

Melamine from Germany, Japan, Netherlands, Qatar, and Trinidad and Tobago Injures U.S. Industry, Says USITC

The U.S. International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of melamine from Germany, Japan, and Netherlands that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and by reason of imports of melamine from Germany and Qatar that Commerce has determined are subsidized by the governments of Germany and Qatar.  The USITC also found that a U.S. industry is threatened with material injury by reason of imports of melamine from Trinidad and Tobago that Commerce has determined are sold in the United States at less than fair value and subsidized by the government of Trinidad and Tobago. The Commission made a negative critical circumstances finding with regard to imports of this product from Japan.

Chair Amy Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. 

As a result of the Commission’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from Germany, Qatar, and Trinidad and Tobago and antidumping duty orders on imports of this product from Germany,  Japan, Netherlands,  and Trinidad and Tobago. 

The Commission’s public report of Melamine from Germany, Japan, Netherlands, Qatar, and Trinidad and Tobago (Inv. Nos. 701-TA-706, 708, 709 and 731-TA-1667, 1669, 1670, 1672  (Final), USITC Publication 5577, January 2025) will contain the views of the Commission and information developed during the investigations.

The report will be available by February 13, 2025; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).

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USITC Institutes Section 337 Investigation of Certain Urine Splash Guards and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain urine splash guards and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by For Kids By Parents, Inc. of Potomac, MD, on December 6, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain urine splash guards and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Shenzhenshi Dijaaotuman Trading Co., Ltd (d/b/a Tigaman), Shenzhen, China

  • Junyaxincaiwuzixunyouxiangongsi (d/b/a junyxin), Xiamen City, China

  • Hezeyunjiangjixieshebeiyouxiangongsi (d/b/a Maomoahouse), Shenzhen, China

  • Shenzhenshiranbodianziyouxiangongsi (d/b/a Eurbus), Shenzhen, China

  • Hefeiweifengshidaishidaimaoyiyouxiangongsi (d/b/a HealthSTEC), Hefei City, China

  • ShenzhenShi Julonghui Trading Co., Ltd. (d/b/a Edermurs), Shenzhen, China

  • Shenzhenshi Lishian Keji Youxiangongsi (d/b/a Lishian), Shenzhen, China

  • Shenzhenshi Paisi Industrial Co., Ltd. (d/b/a Sunyoka123), Shenzhen, China, 

  • Guangzhou Lesenyu Dianzishangwu Youxiangongsi (d/b/a Le Sengyu), Guangzhou, China, and

  • Shenzhen Sibaite Industrial Co., Ltd. (d/b/a SeLucky), Shenzhen City, China.

By instituting this investigation (337-TA-1430), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. Read More→

https://www.usitc.gov/press_room/news_release/2025/er0106_66325.htm

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Circular Welded Carbon-Quality Steel Pipe From China

The U.S. International Trade Commission(USITC) today determined that revoking the existing antidumping and countervailing duty orders on circular welded carbon-quality steel pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Circular Welded Carbon-Quality Steel Pipe from China (Inv. Nos. 701-TA-447 and 731-TA-1116 ( Third Review), USITC Publication 5571, December 2024) will contain the views of the Commission and information developed during the reviews.

The report will be available by January 9, 2025; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. 

https://www.usitc.gov/press_room/news_release/2024/er1204_66200.htm

USITC Votes to Continue Investigations on Paper File Folders from Cambodia and Sri Lanka

The U.S. International Trade Commission(USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of paper file folders from Cambodia and Sri Lanka that are allegedly sold in the United States at less than fair value and subsidized by the government of Cambodia.

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns voted in the affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of paper file folders from Cambodia and Sri Lanka, with its preliminary antidumping duty determinations for both countries due on or about April 1, 2025, and its preliminary countervailing duty determinations for Cambodia on January 16, 2025.

The Commission’s public report Paper File Folders from Cambodia and Sri Lanka, (Inv. Nos. 701-TA-741 and 731-TA-1718-1719 (Preliminary), USITC Publication 5570, December 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by January 9, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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https://www.usitc.gov/press_room/news_release/2024/er1204_66199.htm

USTR Increases Tariffs Under Section 301 on Tungsten Products, Wafers, and Polysilicon, Concluding the Statutory Four-Year Review

WASHINGTON – The Office of the United States Trade Representative (USTR) today announced tariff increases under Section 301 for imports from the People’s Republic of China of certain tungsten products, wafers, and polysilicon. The rates for solar wafers and polysilicon will increase to 50 percent, and the rates for certain tungsten products will increase to 25 percent. These tariff increases will take effect on January 1, 2025.
 
“The tariff increases announced today will further blunt the harmful policies and practices by the People’s Republic of China. These actions will complement the domestic investments made under the Biden-Harris Administration to promote a clean energy economy, while increasing the resilience of critical supply chains,” said Ambassador Katherine Tai.
 
The federal notice for today’s announcement can be found here.
 
Background
 
The tariff increases announced today had been proposed as part of the statutory review of the tariff actions in the Section 301 investigation of the People’s Republic of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.  These modifications conclude the statutory review. In the USTR Report on the statutory review, the U.S. Trade Representative found that, while the PRC had changed some specific unfair measures, the PRC’s harmful forced technology transfer practices – in particular its cyber theft and industrial espionage – have continued, and in some instances, worsened. The findings of the four-year review can be found on USTR’s website
 
In light of those findings, Ambassador Tai modified the Section 301 tariff actions by targeting strategic sectors for tariff increases, improving the effectiveness of the tariff actions in achieving the objectives of the investigation, while promoting American jobs and investments. For example, Ambassador Tai increased tariffs (with various effective dates) on electric vehicles, syringes and needles, and medical gloves (100 percent); semiconductors, solar cells, and facemasks (50 percent); and steel and aluminum products, certain critical minerals, and others (25 percent). More details on the specific products, tariff rates, and effective dates can be found on USTR’s website

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/december/ustr-increases-tariffs-under-section-301-tungsten-products-wafers-and-polysilicon-concluding

BIS Publishes Assessment on the Use of Mature-Node Chips

WASHINGTON, D.C. – Today, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is releasing a report on the use of mature-node semiconductor chips, or legacy chips, in supply chains that directly or indirectly support U.S. critical infrastructure. The report includes key findings related to U.S. companies’ use of legacy chips manufactured by entities based in the People’s Republic of China (PRC).

The report, based on data BIS collected pursuant to an authority under the Defense Production Act (DPA), shows:

  • Companies that sell products containing legacy chips continue to lack visibility into their semiconductor supply chains. About half of surveyed companies were unable to determine whether their products contained any chips manufactured by PRC-based foundries.

  • Based on the information respondents provided, U.S. companies’ use of chips made in PRC-based foundries is pervasive. More than 2/3 of their products contain PRC-origin chips. However, these legacy chips represent a limited share of the total number of chips used in those products.

  • Capacity expansion in China has already begun to cause pricing pressure that may weaken U.S. chip suppliers’ competitive positions.

“We are committed to creating a level playing field in the semiconductor industry to ensure that U.S. companies, and those in like-minded countries, can compete. But unfair practices from the PRC to expand legacy chip production will create significant challenges for U.S. economic and national security,” said Under Secretary of Commerce for Industry and Security Alan F. Estevez. “Our survey results indicate that companies remain shockingly unaware of the sources of chips used in their products. While government cannot act alone, more action is needed to build strong, diverse, and resilient semiconductor supply chains.”

“This work has provided invaluable data that will help the U.S. government continue building secure semiconductor supply chains,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “Legacy chips are essential components in almost every part of our critical infrastructure, and it’s imperative we understand our exposure to any supply chain risks and act accordingly to address them.”

In January 2024, BIS initiated a DPA survey and assessment to learn how companies are sourcing these mature-node semiconductors. The survey and assessment were initiated at the direction of the Secretary of Commerce to bolster the Department’s ongoing work to develop robust semiconductor supply chains, support domestic production of semiconductors, and protect U.S. national security.

The report’s findings illuminate how U.S. companies are currently directly and indirectly sourcing legacy chips and the extent of the use of chips manufactured by companies based in the PRC in critical U.S. industries, to include telecommunications, automotives, medical devices, and the defense industrial base.

The report’s findings will help inform future U.S. government actions to address PRC overconcentration and oversupply concerns, as well as companies’ lack of visibility into the supply chains for these critical semiconductor components. The Department remains committed to securing critical supply chains for semiconductors and safeguarding the U.S. economy from the distorting effects of non-market activity.

Review the report here.

For more information, visit www.bis.gov

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https://www.bis.gov/press-release/bis-publishes-assessment-use-mature-node-chips

USITC Votes to Continue Investigations on Thermoformed Molded Fiber Products from China and Vietnam

The U.S. International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of thermoformed molded fiber products from China and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and Vietnam.

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of thermoformed molded fiber products from China and Vietnam, with its preliminary antidumping duty determinations for China and Vietnam due on or about March 17, 2025, and its preliminary countervailing duty determinations for China and Vietnam on January 2, 2025.

The Commission’s public report Thermoformed Molded Fiber Products from China and Vietnam, (Inv. Nos. 701-TA-739-740 and 731-TA-1716-1717 (Preliminary), USITC Publication 5568, December 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by December 30, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library

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