Proposed Increases to Section 301 Duties on Batteries, Battery Components, and Critical Minerals

12.06.2024

The U.S. Trade Representative (“USTR”) recently issued its report in the four-year review of Section 301 duties on goods imported from China.[1]


As part of that review, USTR proposed imposing or increasing tariffs on a range of products.[2] Businesses that utilize products covered by these proposed tariff increases should consider submitting comments on the proposed Section 301 duties.


Among the products included in this proposal are those related to batteries and energy storage. Specifically, USTR proposes increasing Section 301 duties on:[3]


  • — Lithium-ion batteries (for use in electric vehicles) from 7.5 percent to 25 percent in 2024;
  • — Lithium-ion batteries (not for use in electric vehicles) from 7.5 percent to 25 percent in 2026;
  • — Battery parts from 7.5 percent to 25 percent in 2024;
  • — Natural graphite and permanent magnets from zero percent to 25 percent in 2026; and
  • — Other critical minerals from zero percent to 25 percent in 2024. 

USTR has invited interested parties to comment on the proposed tariff action. The period for comments begins on May 29, 2024, and ends on June 28, 2024.[4]


USTR is proposing that increases in 2024 be effective August 1, 2024, and that increases in 2025 and 2026 be effective January 1 of the corresponding year.[5]


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[1] Office of the USTR Executive Office of the President, Four-Year Review of Actions Taken in The Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (May 14, 2024).

[2] Id. at 85; USTR Section 301 Report at 85; see also USTR, Request for Comments on Proposed Modifications and Machinery Exclusion Process in Four-Year Review of Actions Taken in the Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation (unpublished) (Docket Number USTR-2024-0007), available at USTR FRN Four Year Review Proposed Modifications.

[3] See id. at 11–14. 

[4] Id. at 2.

[5] Id. at 7.

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