Presidential Document2024-11193
Actions by the United States Related to the Statutory 4-Year Review of the Section 301 Investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2024
Signed
May 14, 2024
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Presidential Documents]
[Pages 44541-44543]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11193]
[[Page 44539]]
Vol. 89
Monday,
No. 98
May 20, 2024
Part VI
The President
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Memorandum of May 14, 2024--Actions by the United States Related to the
Statutory 4-Year Review of the Section 301 Investigation of China's
Acts, Policies, and Practices Related to Technology Transfer,
Intellectual Property, and Innovation
Presidential Documents
Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 44541]]
Memorandum of May 14, 2024
Actions by the United States Related to the
Statutory 4-Year Review of the Section 301
Investigation of China's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property,
and Innovation
Memorandum for the United States Trade Representative
On May 5, 2022, the United States Trade Representative
(Trade Representative) initiated the statutory 4-year
review of the July 6, 2018, and the August 23, 2018,
actions, as modified (two actions), taken under section
301 of the Trade Act of 1974, as amended (19 U.S.C.
2411) (Trade Act), in the investigation of China's
Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation
(section 301 investigation). The July 6, 2018, and the
August 23, 2018, actions were subsequently modified by
imposing additional duties on supplemental lists of
products, as well as by the temporary removal of duties
on certain products through product exclusions. The
Trade Representative initiated the May 5, 2022, review
of the two actions under section 307(c)(3) of the Trade
Act (19 U.S.C. 2417(c)(3)).
During its review, the Office of the United States
Trade Representative (USTR) sought and received
approximately 1,500 written submissions. Pursuant to
section 307(c)(3) of the Trade Act (19 U.S.C.
2417(c)(3)), and based on information obtained during
the review, including the written submissions, USTR and
the section 301 Committee prepared a comprehensive
report on the effectiveness of the two actions in
achieving the objectives of the investigation, other
actions that could be taken, and the effects of such
actions on the United States economy, including
consumers.
The Trade Representative has advised me on the findings
in the review, and taking into consideration these
findings, I find as follows:
First, while imposition of tariffs under section 301 of
the Trade Act (section 301 tariffs) has been effective
in encouraging China to take positive steps in
addressing the issues identified in the section 301
investigation, such as certain revisions in its foreign
investment and administrative licensing laws, China's
actions do not represent a systematic and sustained
response to the issues raised in the section 301
investigation.
Second, China has not eliminated many of the technology
transfer-related acts, policies, and practices at
issue, nor removed their burden or restriction on
United States commerce.
Third, although China has taken limited measures to
address negative perceptions of its technology
transfer-related acts, policies, and practices, it
continues to aggressively attempt to acquire and absorb
foreign technology and intellectual property,
particularly through cyber intrusions and cybertheft,
adding to the burden or restriction on United States
commerce.
Fourth, the section 301 tariffs have been effective to
an extent in reducing the exposure of United States
persons and commerce to China's acts, policies, and
practices at issue.
Fifth, additional section 301 tariffs would provide
incentives for China to eliminate the acts, policies,
and practices at issue.
[[Page 44542]]
It is hereby directed as follows:
Section 1. Tariffs. (a) The Trade Representative shall
maintain, as appropriate and consistent with this
memorandum, the ad valorem rates of duty and lists of
products subject to the two actions, taken under the
section 301 investigation. To further encourage China
to eliminate the acts, policies, and practices at
issue, and to counteract the burden or restriction of
these acts, policies, and practices, the Trade
Representative shall modify the two actions to increase
section 301 ad valorem rates of duty for the following
products from China:
<bullet> Battery parts (non-lithium-ion batteries): Increase rate to 25
percent in 2024;
<bullet> Electric vehicles: Increase rate to 100 percent in 2024;
<bullet> Lithium-ion electrical vehicle batteries: Increase rate to 25
percent in 2024;
<bullet> Lithium-ion non-electrical vehicle batteries: Increase rate to
25 percent in 2026;
<bullet> Natural graphite: Increase rate to 25 percent in 2026;
<bullet> Other critical minerals: Increase rate to 25 percent in 2024;
<bullet> Permanent magnets: Increase rate to 25 percent in 2026;
<bullet> Semiconductors: Increase rate to 50 percent in 2025;
<bullet> Ship to shore cranes: Increase rate to 25 percent in 2024;
<bullet> Solar cells (whether or not assembled into modules): Increase
rate to 50 percent in 2024; and
<bullet> Steel and aluminum products: Increase rate to 25 percent in
2024.
For personal protective equipment (facemasks, medical
gloves, and syringes and needles), the Trade
Representative is directed to increase rates of duty to
no less than the rates indicated:
<bullet> Facemasks: Increase rate to 25 percent in 2024;
<bullet> Medical gloves: Increase rate to 25 percent in 2026; and
<bullet> Syringes and needles: Increase rate to 50 percent in 2024.
(b) To advance the purposes of subsection (a) of
this section, the Trade Representative shall publish a
proposed list of products and corresponding tariff
increases. After a period of notice and comment in
accordance with section 307(a) of the Trade Act (19
U.S.C. 2417(a)), and after consultation with
appropriate agencies and committees, the Trade
Representative shall, as appropriate and consistent
with law, publish a final list of products and tariff
increases, if any, and implement any such tariffs.
(c) The Trade Representative shall also establish a
process by which interested persons may request that
particular machinery used in domestic manufacturing
classified within a subheading under chapters 84 and 85
of the Harmonized Tariff Schedule of the United States
be temporarily excluded from section 301 tariffs, and
shall prioritize, in particular, exclusions for certain
solar manufacturing equipment. USTR shall publish a
separate notice describing the machinery exclusion
process, including the procedures for submitting
exclusion requests and for interested persons to oppose
any such requests.
[[Page 44543]]
Sec. 2. Publication. The Trade Representative is
authorized and directed to publish this memorandum in
the Federal Register.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
May 14, 2024.
[FR Doc. 2024-11193
Filed 5-17-24; 11:15 am]
Billing code 3290-F7-P
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