On September 20, 2024, the Office of the U.S. Trade Representative (USTR) announced that it is seeking public comments on proposed modifications announced on September 13, 2024 to the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. See Thompson Hine Update of September 16, 2024. Among the actions taken because of the USTR’s four year-review of the China Section 301 tariffs, the USTR has proposed increasing Section 301 duties on Chinese products subject to five additional Harmonized Tariff Schedule of the United States (HTSUS) subheadings — increasing tariffs to 25% for three subheadings covering certain Chinese tungsten products and increasing tariffs to 50% for two subheadings covering Chinese wafers and Chinese polysilicon. The five subheadings proposed for tariff increases are:

  • 8101.94.00 (Tungsten, unwrought (including bars and rods obtained simply by sintering)).
  • 8101.99.10 (Tungsten bars and rods (other than those obtained simply by sintering, profiles, plates, sheets, strip and foil)).
  • 8101.99.80 (Tungsten, other articles nesoi).
  • 2804.61.00 (Silicon containing by weight not less than 99.99% of silicon).
  • 3818.00.00 (Chemical elements doped for use in electronics, in the form of discs, wafers etc., chemical compounds doped for electronic use).

Interested parties are invited to comment on: (i) the extent to which the proposed modification would enhance the effectiveness of the tariff actions in obtaining the elimination of or in counteracting China’s acts, policies, and practices related to technology transfer, intellectual property and innovation; and (ii) the likely effects of the proposed modification on the U.S. economy, including consumers.

The docket will open on September 23, 2024 and close on October 22, 2024. Comments must be submitted using USTR’s electronic portal at: https://comments.ustr.gov under the docket “Request for Comments: Proposed Modifications to the Section 301 Actions,” Docket No. USTR–2024–0016.