Notice of Modification: China's Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation
In connection with the Four-Year Review of actions taken in the section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual p...
Office of the United States Trade Representative (USTR).
ACTION:
Notice of modification of actions.
SUMMARY:
In connection with the Four-Year Review of actions taken in the section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation, and in accordance with the specific direction of the President, the U.S. Trade Representative has determined to: modify the actions being taken in the investigation by imposing additional section 301 duties or increasing the rate of existing section 301 duties, on certain products of China in strategic sectors; propose increasing tariff rates for certain tungsten products, wafers, and polysilicon, with a public comment process to be set out via separate notice; provide a list of subheadings eligible for consideration of temporary exclusion under an exclusion process for certain machinery used in domestic manufacturing; and modify the actions to temporarily exclude from section 301 duties certain solar manufacturing equipment.
DATES:
Tariff increases in 2024 are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after September 27, 2024. Tariff increases in 2025 and 2026 are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1 of the corresponding year. Exclusions for solar equipment included in Annex B are retroactive and applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2024, and through May 31, 2025.
FOR FURTHER INFORMATION CONTACT:
For general questions about this notice, contact Philip Butler and Megan Grimball, Chairs of the Section 301 Committee at 202.395.5725. For specific questions on customs classification or implementation of the product exclusions, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
( printed page 76582)
A. Background
On August 24, 2017, the U.S. Trade Representative initiated an investigation into certain acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation under section 301 of the Trade Act of 1974, as amended (Trade Act) (19 U.S.C. 2411).
See82 FR 40213. In a notice published on April 6, 2018, the U.S. Trade Representative determined that acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were unreasonable or discriminatory, and burdened or restricted U.S. commerce, and thus were actionable under section 301(b) of the Trade Act (19 U.S.C. 2411(b)).
See83 FR 14906.
Following a notice and comment process on the proposed action to be taken in the investigation, the U.S. Trade Representative took two actions under section 301 of the Trade Act: the July 6, 2018, action, covering an approximate annual trade value of $34 billion (List 1), and the August 23, 2018, action, covering an approximate annual trade value of $16 billion (List 2).
See83 FR 28710 (July 6, 2018, action) and 83 FR 40823 (August 23, 2018, action). These actions subsequently were modified by imposing additional duties on supplemental lists of products, known as Lists 3 and 4, as well as by the temporary removal of duties on certain products through product exclusions.
On May 5, 2022, USTR announced that under section 307(c)(2) of the Trade Act (19 U.S.C. 2417(c)(2)), the July 6, 2018, and August 23, 2018, actions, as modified, were subject to possible termination on their respective four-year anniversary dates (
i.e.,
July 6, 2022, and August 23, 2022) and of the opportunity for representatives of domestic industries that benefit from the trade actions to request continuation of the actions during the last 60 days of such four-year periods.
See87 FR 26797.
On September 8, 2022, USTR announced that the July 6, 2018 and the August 23, 2018 actions, as modified, would remain in effect because at least one representative of a domestic industry that benefits from each action submitted to the U.S. Trade Representative a request for continuation of the actions.
See87 FR 55073. The notice also announced that in accordance with section 307(c)(3) of the Trade Act (19 U.S.C. 2417(c)(3)), the U.S. Trade Representative would conduct a review of the July 6, 2018 and the August 23, 2018 actions, as modified.
See87 FR 55073.
To aid in this review, on November 15, 2022, USTR opened a docket for interested persons to submit comments with respect to a number of considerations concerning the review.
See87 FR 62914. USTR received approximately 1,500 comments.
Based on information obtained during the review, including the public comments, USTR, in consultation with the Section 301 Committee, prepared a comprehensive report that included findings on the effectiveness of the July 6, 2018 and the August 23, 2018 actions, as modified, 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 report,
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
(Report), was published on May 14, 2024, and is available on the USTR website.
As detailed in the Report, the U.S. Trade Representative found that:
The section 301 actions have been effective in encouraging China to take steps toward eliminating some of its technology transfer-related acts, policies, and practices, and have reduced some of the exposure of U.S. persons and businesses to these technology transfer-related acts, policies, and practices.
China has not eliminated many of its technology transfer-related acts, policies, and practices, which continue to impose a burden or restriction on U.S. commerce. Instead of pursuing fundamental reform, China has persisted, and even become more aggressive, particularly through cyber intrusions and cybertheft, in its attempts to acquire and absorb foreign technology, which further burden or restrict U.S. commerce.
Economic analyses generally find that the duties have had small negative effects on U.S. aggregate economic welfare, positive impacts on U.S. production in the ten sectors most directly affected by the duties, and minimal impacts on economy-wide prices and employment.
Economic analyses, including the principal U.S. Government analysis published by the U.S. International Trade Commission, generally find that the section 301 tariffs have contributed to reducing U.S. imports of goods from China and increasing imports from alternate sources, including U.S. allies and partners, thereby potentially supporting U.S. supply chain diversification and resilience.
Based on the Report findings, the U.S. Trade Representative recommended to the President to maintain the section 301 tariffs on the covered products. To further encourage China to eliminate the investigated acts, policies, and practices, the U.S. Trade Representative also recommended enhancing the effectiveness of the tariff actions by adding or increasing section 301 tariffs on certain products in strategic sectors, including sectors targeted by China for dominance, or sectors where the United States recently made significant domestic investments. The U.S. Trade Representative found that “increasing or adding section 301 tariffs on products targeted by China for dominance will help encourage the elimination of investigated technology transfer-related acts, policies, and practices by encouraging alternative sourcing in strategic sectors of the economy, reducing U.S. reliance on China, while also reducing exposure to China's technology transfer-related acts, policies, and practices, and helping to maintain resilient, diverse, and secure supply chains.”
On May 14, 2024, taking into consideration the U.S. Trade Representative's findings in the Report and recommendations, the President issued a Memorandum (President's Memorandum) that directed the U.S. Trade Representative to: “maintain, as appropriate and consistent with this memorandum, the
ad valorem
rates of duty and lists of products subject to the [actions] taken under the section 301 investigation” and “[t]o 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 [actions taken in the investigation] to increase section 301
ad valorem
rates of duty” for certain specified products of China.
See https://www.whitehouse.gov/briefing-room/presidential-actions/2024/05/14/memorandum-on-actions-by-the-united-states-related-to-the-statutory-4-year-review-of-the-section-301-investigation-of-chinas-acts-policies-and-practices-related-to-technology-transfer-intellectua/.
In particular, the President's Memorandum specified categories of products for proposed tariff increases, tariff rates for those products, and year for tariff increases. With respect to tariff increases, the President directed increases on the following products:
( printed page 76583)
Battery parts (non-lithium-ion batteries)—Increase rate to 25% in 2024
Electric vehicles—Increase rate to 100% in 2024
Facemasks—Increase rate tono less
than 25% in 2024
Lithium-ion electrical vehicle batteries—Increase rate to 25% in 2024
Lithium-ion non-electrical vehicle batteries—Increase rate to 25% in 2026
Medical gloves—Increase rate tono less
than 25% in 2026
Natural graphite—Increase rate to 25% in 2026
Other critical minerals—Increase rate to 25% in 2024
Permanent magnets—Increase rate to 25% in 2026
Semiconductors—Increase rate to 50% in 2025
Ship-to-shore cranes—Increase rate to 25% in 2024
Solar cells (whether or not assembled into modules)—Increase rate to 50% in 2024
Steel and aluminum products—Increase rate to 25% in 2024
Syringes and needles—Increase rate tono less
than 50% in 2024
The President also directed the U.S. Trade Representative to 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 (HTSUS) be temporarily excluded from section 301 tariffs, and directed the U.S. Trade Representative to prioritize, in particular, exclusions for certain solar manufacturing equipment.
Consistent with the President's direction, USTR issued a
Federal Register
notice with proposed modifications.
See89 FR 46252 (May 28, 2024) (May 28 notice). In the May 28 notice, the U.S. Trade Representative proposed increasing section 301 duties on 382 HTSUS subheadings and 5 statistical reporting numbers of the HTSUS, with an approximate annual trade value of $18 billion (2023). Additionally, the U.S. Trade Representative proposed subheadings eligible for consideration for temporary exclusion under a process by which interested persons may request that particular machinery used in domestic manufacturing and classified within certain subheadings under Chapters 84 and 85 of HTSUS be temporarily excluded. Finally, the U.S. Trade Representative proposed 19 temporary exclusions for solar manufacturing equipment. In accordance with section 307(a)(2) of the Trade Act (19 U.S.C. 2417(a)(2)), USTR invited comments from interested persons with respect to the proposed modifications, the scope of the machinery exclusion process, and the temporary exclusions for solar manufacturing equipment. USTR opened a 30-day docket on May 29, 2024.
With respect to the proposed tariff increases, USTR requested commenters to address the effectiveness of the proposed modification, the effects of the proposed modification on the U.S. economy, including consumers, and whether the tariff subheadings or statistical reporting numbers identified for each product or sector adequately cover the products and sectors included in the President's direction to the U.S. Trade Representative. In addition, for facemasks, needles and syringes, and medical gloves, consistent with the President's direction to increase tariffs
no less
than specified rates, USTR requested comment on whether the rates of additional duty should be higher than the proposed rates, and with respect to facemasks, whether additional statistical reporting numbers under HTSUS subheading 6307.90.98 should be included.
With respect to the machinery exclusion process, USTR requested comments on whether the subheadings proposed should or should not be eligible for consideration in the machinery exclusion process and whether certain subheadings under Chapters 84 and 85 that cover machinery used in domestic manufacturing were omitted and should be included. Finally, with respect to the 19 proposed solar manufacturing machinery exclusions, USTR requested comments on the scope of each exclusion, including suggested amendments to the product description.
In response to the May 28 notice, USTR received more than 1,100 comments. Of the comments received, approximately 420 comments expressed views about the proposed tariff increases on certain products, approximately 656 comments expressed views about the proposed subheadings eligible for consideration of temporary exclusions under an exclusion process for machinery used in domestic manufacturing, and approximately 80 comments expressed views about the proposed 19 temporary exclusions for solar manufacturing equipment. The public submissions are available at
https://comments.ustr.gov,
docket number USTR-2024-0007.
C. Determination To Modify the Actions
Pursuant to sections 307(c) and 307(a)(1) of the Trade Act (19 U.S.C. 2417(c), (a)(1)), the U.S. Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under section 301 if the burden or restriction on U.S. commerce of the acts, policies, and practices that are the subject of such action has increased or decreased, or such action is being taken under section 301(b) and no longer is appropriate.
As detailed in USTR's Report, modification of the action is warranted under section 307(a)(1)(B) as many of the technology transfer-related acts, policies, and practices described in the original section 301 Report persist and increasingly burden or restrict U.S. commerce. Rather than eliminate the technology transfer-related acts, policies, and practices that are the subject of the section 301 investigation, the Report reviews how China has become more aggressive, particularly through cybertheft and cyber intrusions, in its attempts to acquire and absorb foreign technology and IP on a nonconsensual basis from U.S. companies, costing U.S. companies and consumers billions of dollars, and adding to the burden or restriction on U.S. commerce.
Modification of the actions also is appropriate under section 307(a)(1)(C). The term “appropriate”' as used in subsection C refers to section 301(b), which requires the U.S, Trade Representative to “take all appropriate and feasible action authorized under [section 301(c)] to obtain the elimination of [the] act, policy, or practice.” The specific action that will obtain the elimination of an act, policy, or practice is a matter of predictive judgment, to be exercised by the U.S. Trade Representative, subject to any specific direction of the President. China's actions over the review period,
( printed page 76584)
as discussed in USTR's Report has shown that maintaining the current action is no longer appropriate in order to induce China to eliminate its acts, policies, or practices.
Modification of the actions is further warranted considering the findings in USTR's Report on the effectiveness of the prior actions in achieving the objectives of the investigation other actions that could be taken, and the effects of such actions on the U.S. economy, including consumers.
The President has exercised his authority under section 307 to direct the U.S. Trade Representative to modify the actions being taken in the investigation. Specifically, as discussed above, the President directed the U.S. Trade Representative to increase the rates of duty for specified goods, with specified rates and timing. Additionally, the President directed the U.S. Trade Representative to establish an exclusion process for machinery used in domestic manufacturing classified within a subheading under Chapters 84 and 85 of the HTSUS and to prioritize, in particular, exclusions for certain solar manufacturing equipment.
The modifications to the actions are set out in the Annexes to this notice. The U.S. Trade Representative's determination takes account of the public comments, the President's direction of May 14, 2024, the policy rationale underlying the President's direction, as well as the advice of the interagency section 301 committee and appropriate advisory committees.
Section 301(c)(3)(B) of the Trade Act (19 U.S.C. 2411(c)(3)(B)) authorizes the U.S. Trade Representative to take action against any goods or economic sector of the foreign country concerned regardless of whether or not such goods or economic sector are involved in the act, policy, or practice subject to investigation. The modifications include increasing section 301 duties on 382 HTSUS subheadings and 7 statistical reporting numbers of the HTSUS under 14 product groups. Additionally, the U.S. Trade Representative is modifying the actions to temporarily exclude from additional duties certain solar manufacturing equipment under 14 product specific exclusions.
As outlined below, in consideration of public comments and the advice of the section 301 committee, the U.S. Trade Representative has made certain adjustments to the modifications proposed in May 28 notice. The adjustments and the reasons for them are discussed below in USTR's response to significant comments.
Annex A contains an informal table of the tariff increases under the 14 product groups specified by the President and the 382 subheadings and 7 statistical reporting numbers, the tariff rates, and years for tariff increases. Annex B contains the 14 temporary exclusions for solar manufacturing equipment. Annex C contains the HTSUS modifications to impose additional duties, to increase rates of additional duties, and to exclude certain solar manufacturing equipment from additional duties. Annex D contains the Importer Certification for ship-to-shore cranes entering under the exclusion. Annex E contains a list of HTSUS subheadings eligible for consideration of temporary exclusion under the machinery exclusion process.
Any product listed in the Annexes to this notice, which is subject to the additional duties imposed by this determination, and that is admitted into a U.S. foreign trade zone, except any product that is eligible for admission under “domestic status” as defined in 19 CFR 146.43, only may be admitted as “privileged foreign status,” as defined in 19 CFR 146.41, effective as of the date that the additional duties are imposed. Products of China that are provided for in headings 9903.91.01, 9903.91.02, and 9903.91.03, and listed in subdivisions (b), (c) and (d), respectively, of U.S. note 31 to subchapter III of chapter 99 of the HTSUS, as well as products of China that are provided for in HTSUS subheading 9903.92.10, which are admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on September 27, 2024, only may be admitted as “privileged foreign status.” Products of China that are provided for in headings 9903.91.04 and 9903.91.05, and listed in subdivisions (e) and (f) of U.S. note 31 to subchapter III of chapter 99 of the HTSUS that are admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on January 1, 2025, only may be admitted as “privileged foreign status.” Products of China that are provided for in headings 9903.91.06, 9903.91.07, and 9903.91.08, and listed in subdivisions (g), (h) and (i), respectively, of U.S. note 31 to subchapter III of chapter 99 of the HTSUS that are admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on January 1, 2026, only may be admitted as “privileged foreign status.” All such products will be subject upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading.
D. USTR's Responses to Significant Comments
As discussed above, in light of findings in USTR's Report, the U.S. Trade Representative recommended to the President that duties be added or increased on certain products in strategic sectors. The U.S. Trade Representative limited recommendations to the President to categories of products targeted by China for dominance and/or sectors where the U.S. recently made significant domestic investments, thus incentivizing China to eliminate the investigated acts, policies, and practices, and mitigating possible harm to the U.S. economy. The President agreed with the U.S. Trade Representative's recommendation and has exercised his authority to direct specific modifications to the actions being taken in the investigation.
Response to Significant Comments on Proposed Tariff Increases
Battery Parts (Non-Lithium-ion Batteries):
The President directed the U.S. Trade Representative to increase tariffs on battery parts for non-lithium-ion batteries to 25 percent in 2024. In response to the President's direction, the U.S. Trade Representative proposed increasing tariffs on one HTSUS subheading: 8507.90.40 (Parts of lead-acid storage batteries, including separators therefor).
The single comment on the proposed modification notes that broad tariffs have not significantly altered China's acts, policies, and practices and suggests that new U.S. initiatives, such as the Inflation Reduction Act would be more effective. Additionally, the comment notes that the proposed modifications will slow U.S. efforts to boost domestic production and adoption of electric vehicles.
For the final determination, the U.S. Trade Representative has determined not to amend the proposed modification. As noted in USTR's Report, the proposed modifications complement the significant investments as a result of the Inflation Reduction Act and the Bipartisan Infrastructure Law into clean energy technology, clean energy supply chains, and clean energy manufacturing. Increasing section 301 duties on tariff lines covering certain sectors will help support these investments, encourage diversification away from Chinese sources, and provide additional leverage with China to eliminate the investigated acts, policies, and practices.
Electric Vehicles:
The President directed the U.S. Trade Representative to increase additional duties on electric
( printed page 76585)
vehicles to 100 percent in 2024. In response to the President's direction, the U.S. Trade Representative proposed increasing duties on eight HTSUS subheadings.
Some comments request that USTR narrow the scope of products covered by the eight subheadings by distinguishing between low-speed vehicles, such as passenger shuttles and mobility scooters, and higher speed passenger vehicles that operate on public roads and highways. While the comments urge the U.S. Trade Representative to distinguish between vehicles based on maximum speed or road readiness, the U.S. Trade Representative's proposal, consistent with Presidential direction, was intended to cover a wide range of electric motor vehicles that incorporate high-tech motors and batteries. The products included under the proposed subheadings meet the objective to target sophisticated technologies where China seeks dominance and where the individual products are part of the same continuum of products.
One comment requests that electric buses that fulfill contracts executed prior to the proposed modification be excluded from the additional duties. Unlike with ship-to-shore cranes (discussed below), where multiple comments allege broad economic consequences, the single comment, when considering China's industrial policies targeting electric vehicles could threaten federal investment in the sector, does not demonstrate broad economic consequences such that an exclusion is warranted.
Comments also request that USTR broaden the scope of products covered. One comment remarks that the proposed modifications do not adequately cover the full scope of products included in the President's direction because the proposal does not include motorcycles (including mopeds) and electric bicycles under HTSUS subheading 8711.60.00. Another comment asserts that the proposed modification should be expanded to include HTSUS subheading 8703.10.50 (golf carts and similar vehicles).
With respect to motorcycles and electric bicycles, in reviewing the President's direction, the U.S. Trade Representative has determined that electric bicycles and motorcycles are distinct from what is traditionally understood as “electric vehicles” and fall outside the specific direction of the President. Similarly, electric golf carts and similar vehicles may be understood to fall outside the specific direction of the President. While these subheadings may include products with some overlapping technology to the subheadings covered, limiting the modification to the primary subheading covering traditional electric vehicles is most consistent with the President's direction.
As a result of China's efforts to dominate the electric vehicles market, China now produces 70 percent of the world's electric cars—jeopardizing productive investments elsewhere. The U.S. Trade Representative has determined that modification to increase the duties on electric vehicles will encourage diversification from Chinese sources, while also advancing U.S. policy to incentivize the development of, and investments in, a robust electric vehicle market, reducing exposure to China's technology transfer-related acts, policies, and practices, and providing additional leverage with China to eliminate the investigated acts, policies, and practices.
Facemasks:
The President directed the U.S. Trade Representative to increase tariffs on facemasks to
no less
than 25 percent in 2024. In response, the U.S. Trade Representative proposed three statistical reporting numbers. These included 6307.90.9845 (N95 Respirators of textiles); 6307.90.9850 (respirators of textiles, other than N95); and 6307.90.9875 (face masks of textiles, other than disposable). USTR requested commenters to address whether additional statistical reporting codes under HTSUS subheading 6307.90.98 should be included and whether the tariff rates should be higher than the proposed 25 percent rate.
Several commenters note that as of January 1, 2023, statistical reporting number 6307.90.9845 (N95 Respirators of Textiles) was replaced with two statistical reporting numbers. For the final modifications, USTR has replaced statistical reporting number 6307.90.9845 (N95 Respirators of Textiles) with statistical reporting numbers 6307.90.9842 (surgical N95 respirators) and 6307.90.9844 (other N95 respirators). This adjustment does not change the scope of the products covered.
Other comments express concerns about the availability of facemasks outside of China and possible disruption to the supply of facemasks and higher costs for healthcare providers. As USTR found in the Report, increasing section 301 duties on certain personal protective equipment will help protect recent investments in increasing domestic production and in U.S. preparedness. As a result of those investments, the United States has, or is expected to have, sufficient domestic capacity. Several commenters agreed with this finding. Additionally, increasing tariffs on facemasks will encourage diversification away from China, improve supply chain resiliency, and create greater leverage with China to eliminate the investigated acts, policies, and practices.
A number of comments suggest adding statistical reporting number 6307.90.9870 (face masks of textile, disposable). Additional comments suggest adding textile subheadings that cover personal protective equipment, but not facemasks. Regarding the proposed tariff rate, several comments suggest rates higher than the proposed tariff rate, including 50 percent, 100 percent, and “the highest rate possible.” A few comments suggest that any rate increase be gradual due to possible limitations on availability outside of China.
Considering the public comments, the advice of the Section 301 Committee, and consistent with the President's direction, the U.S. Trade Representative has determined to add statistical reporting number 6307.90.9870 (face masks of textile, disposable), but not to add additional textile subheadings that do not cover facemasks. Additionally, for most statistical reporting numbers, the U.S. Trade Representative has determined to increase tariff rates to 25 percent in 2024 and to further increase rates in 2026 to 50 percent. Delaying the increase to 50 percent in 2026 is consistent with the President's direction, but balances requests for a rate higher than 25 percent with the public comments requesting that rates increase gradually. For statistical reporting number 6307.90.9870 (face masks of textile, disposable), the U.S. Trade Representative has determined to increase the tariff rate to 25 percent in 2025 and to further increase the rate in 2026 to 50 percent.
Lithium-ion Batteries:
The President directed the U.S. Trade Representative to increase tariffs on lithium-ion batteries to 25 percent, with “lithium-ion electrical vehicle batteries” increasing in 2024 and “lithium-ion non-electrical vehicle batteries” increasing in 2026. In response, the U.S. Trade Representative proposed increasing tariffs on two statistical reporting numbers. One covers lithium-ion batteries for passenger vehicles (8507.60.0010), and a second covers lithium-ion batteries for a broad range of applications, including electric vehicles, other than passenger vehicles (8507.60.0020). The U.S. Trade Representative proposed increasing tariffs on 8507.60.0010 (Lithium-ion batteries of a kind used as the primary source of electrical power for electrically powered vehicles of
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subheadings 8703.40, 8703.50, 8703.60, 8703.70 or 8703.80) in 2024 and on 8507.60.0020 (Lithium-ion batteries: Other) in 2026.
Several commenters request that additional codes be added, including for a subheading covering certain inputs or precursor materials used to manufacture lithium-ion batteries. Additionally, USTR received comments requesting that certain lithium-ion batteries covered by the proposed subheadings, but intended for a particular use, be excluded.
The U.S. Trade Representative has determined that the requests to remove particular batteries are inconsistent with the President's direction, which broadly covers all lithium-ion batteries, and are inconsistent with the goals of diversifying supply chains and of reducing our reliance on China in an industry targeted by China for dominance. With respect to the inputs and precursor materials used in the production of lithium-ion batteries, these products are beyond the scope of the President's direction, which is limited to complete batteries.
Medical Gloves:
The President directed the U.S. Trade Representative to increase tariffs on medical gloves to
no less
than 25 percent in 2026. In response, the U.S. Trade Representative proposed increasing tariffs to 25 percent in 2026 on one statistical reporting number.
Comments opposing the proposed modification allege that increasing duties on medical gloves will raise medical care costs and impact patient care. Additional comments request that the increase in tariffs be delayed. Comments generally assert that the production of medical gloves is centralized in China and Malaysia, and that additional duties would push production to Malaysia, rather than to the United States. They also assert there is no large-scale domestic production capacity for nitrile gloves, specifically citing a January 2024 Made in America Act Waiver statement by Federal agencies concerning domestic availability of nitrile gloves.
In general, comments supporting the proposed modification suggest that, given the artificially low prices of imports from China, the modification would be more effective if tariffs rates were increased to 100 percent or higher, increased prior to 2026, and possibly increased gradually. One comment also suggested including gloves falling under HTSUS 4015.19 that are not for medical or surgical use.
Considering the public comments, the specific direction of the President to increase tariffs on medical gloves
no less
than 25 percent in 2026, and the advice of the Section 301 Committee, particularly agencies involved in U.S. medical preparedness, the U.S. Trade Representative has determined to increase the rate of additional duties on medical gloves to 50 percent in 2025 and to 100 percent in 2026.
The United States expects domestic production of nitrile gloves will increase over the next year, due in part to domestic investments for critical medical supplies, including medical gloves. Recent investments include CARES Act funding that aims to continue support of U.S. preparedness and of domestic production of critical medical supplies following the COVID pandemic. Increasing tariffs to 50 percent in 2025 will help protect those investments and will encourage diversification to sources other than China. While China currently accounts for a significant share of U.S. imports of nitrile gloves, the increasing availability from U.S. sources and third-country sources will provide the U.S. healthcare systems with alternative sourcing. An additional increase in tariff rates in 2026 is warranted, considering the expected increase in U.S. and third-country sources, and is responsive to those comments requesting a higher tariff, and will provide additional leverage with China to eliminate the investigated acts, policies, and practices.
With respect to additional gloves that are not for medical or surgical use, these products are beyond the scope of the President's direction, which is limited to medical gloves. Accordingly, the U.S. Trade Representative has determined not to amend the proposed modification to include these products.
Natural Graphite:
The President directed the U.S. Trade Representative to increase tariffs on natural graphite to 25 percent in 2026. In response to the President's direction, the U.S. Trade Representative proposed to increase tariffs on three subheadings covering three different forms of natural graphite.
Most comments supported the proposed increase in tariffs, with some comments requesting a higher tariff rate than the proposed rate. Several of these comments also requested that certain additional inputs for lithium-ion batteries be included and treated similarly to natural graphite. The few comments opposing the additional duties generally assert that the proposed modifications would result in higher prices, would not be effective in obtaining the elimination of China's acts, policies, and practices, and could result in possible retaliation from China. China has targeted the processing of critical minerals to become the global leader in the critical minerals supply chains. Continued reliance on China for refining capacity of critical minerals, including natural graphite, leaves U.S. supply chains vulnerable and puts U.S. national security and clean energy goals at risk. Increasing the tariffs on natural graphite would encourage diversification away from China and would provide additional leverage with China to eliminate the investigated acts, policies, and practices. Tariffs would also protect U.S. investments in a sufficient domestic industrial base for natural graphite and would improve the resiliency of the U.S. battery supply chain.
For these reasons, and considering the President's direction, and the advice of the Section 301 Committee, the U.S. Trade Representative has determined not to amend the proposed modifications.
Other Critical Minerals:
The President directed the U.S. Trade Representative to increase tariffs on certain critical minerals to 25 percent in 2024. In response to the President's direction, the U.S. Trade Representative proposed increasing tariffs on 26 subheadings.
The majority of comments opposing increases specifically oppose increasing tariffs on 2606.00.00 (aluminum ores and concentrates) and 2849.90.30 (tungsten carbides). They assert limited availability of the minerals outside of China and higher costs. Other comments suggest the removal of five additional subheadings. Only three of these subheadings received more than one comment requesting removal: 8103.20.00 (Tantalum, unwrought (including bars and rods obtained simply by sintering); tantalum powders); 8112.21.00 (Chromium, unwrought; chromium powders); and 8112.92.30 (Indium, unwrought; indium powders).
The majority of comments supporting the proposed modifications specifically support increasing tariffs on the four subheadings covering tungsten products. These comments state that tariffs on various tungsten-related inputs will benefit domestic manufacturing by reducing domestic reliance on Chinese imports, establishing an independent domestic supply chain, and reducing Chinese access to the intellectual property and technologies of U.S. companies. Several comments emphasize the importance of tungsten-related inputs to various critical sectors, such as aerospace, automotive, defense, medical, and oil and gas sectors. Some of these comments request that the tariffs on tungsten-related products be increased to 50 percent.
( printed page 76587)
The remaining comments supporting higher tariffs cover various critical minerals; most support the higher tariffs to counteract China's dominance in the market and note that current tariff levels are insufficient. Most of these comments also note that higher tariffs will have a minimal impact on the domestic economy due to current availability of products from sources outside of China or availability from new sources. Comments also note that higher tariffs are critical to the new investments that help to diversify supply chains.
In addition to supporting the proposed modifications, several comments also request that additional subheadings be added, including three subheadings covering additional tungsten products. Additional comments request the addition of certain uranium subheadings, as well as a subheading covering vanadium chlorides.
Considering the public comments and the advice of the Section 301 Committee, the U.S. Trade Representative has determined not to remove any subheadings. China has targeted the processing of critical minerals to become the global leader in the critical minerals supply chains for electric vehicle batteries, solar products, semiconductors, and other key products. The concentration of critical minerals mining and refining capacity in China leaves our supply chains vulnerable and puts our national security and clean energy goals at risk. Additionally, for many of the products with comments requesting removal, U.S. import data show that in recent years China has attempted to dominate supply chains by significantly increasing its share of imports. For these products, additional duties will help to maintain existing diversity in the supply chains and increase leverage with China to eliminate the investigated acts, policies, and practices. Regarding 2606.00.00 (aluminum ores and concentrates), U.S. import data show that China's share is relatively small (less than 20 percent). While China's share of imports under statistical reporting number 2606.00.00.30 (bauxite, calcined: refractory grade) is more significant, Guyana, a second source, is almost as large as China, and higher tariffs may help to encourage greater diversification. Regarding 2849.90.30 (tungsten carbides), imports from China have increased significantly in recent years, but alternative sources remain. Increasing tariffs will support current supply chain diversity. Additionally, public comments note recent investments in domestic refining.
The U.S. Trade Representative also has determined not to add certain proposed subheadings for uranium and vanadium chlorides. These subheadings are either already subject to section 301 tariffs of 25 percent, or China's share of imports is small and declining. Regarding the three tariff subheadings covering tungsten products and requested for addition, the U.S. Trade Representative has determined to propose increasing tariff rates for these three subheadings to 25 percent. To that end, USTR will publish a separate notice with procedures for interested parties to provide views on increasing tariffs on subheadings: 8101.94.00 (Tungsten, unwrought (including bars and rods obtained simply by sintering)); 8101.99.10 (Tungsten bars and rods (o/than those obtained simply by sintering), profiles, plates, sheets, strip and foil); and 8101.99.80 (Tungsten, articles nesoi).
Permanent Magnets:
The President directed the U.S. Trade Representative to impose tariffs of 25 percent on permanent magnets in 2026. In response to the President's direction, the U.S. Trade Representative proposed additional duties on products under one subheading (8505.11.00).
Several comments request that tariffs on permanent magnets not be increased, noting that permanent magnets are an intermediate good used in a variety of applications and products, including consumer goods. Citing a Department of Commerce report from 2023, comments assert limited availability of permanent magnets outside of China, including from domestic sources.
Comments in support of the proposed modification highlight the vulnerability of the U.S. economy and national security as a result of our continued reliance on China for permanent magnets, and in particular NdFeB, which are critical for electric vehicle motors (an area where China seeks dominance), as well as defense applications. The comments assert that the potential impact on U.S. consumers from the proposed modification would be minimal, as permanent magnets generally account for a low percentage of the total cost of final goods.
Considering the comments and the advice of the Section 301 Committee, and consistent with the President's direction, the U.S. Trade Representative has determined to impose additional tariffs on products falling under subheading 8505.11.00. The 2023 Department of Commerce report indicates that at the time of the report the demand for permanent magnets outpaced domestic manufacturing capacity, but the report also notes federal investments and other efforts in support of reestablishing domestic production capacity, as well as plans for three U.S.-headquartered firms to establish U.S. NdFeB magnet manufacturing facilities by 2026. Increasing tariffs on permanent magnets in 2026 accounts for the current limited availability of permanent magnets outside of China, complements the upcoming investments in domestic production, and further encourages domestic investments.
Semiconductors:
The President directed the U.S. Trade Representative to increase tariffs on semiconductors to 50 percent in 2025. In response to the President's direction, the U.S. Trade Representative proposed increasing tariffs on 16 subheadings.
Several comments highlight the importance of semiconductors in a variety applications and critical sectors, including the healthcare and solar industries. Comments note that following the enactment of the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act in 2022, the United States has made progress in investing in domestic production and in recapturing semiconductor manufacturing from China's dominance. Comments also assert that imports from China undermine that progress and the incentives under the CHIPS Act. Comments assert that the tariffs have helped to stimulate domestic manufacturing, support supply chain resiliency, and reduce our dependence on China. One comment suggests broadening the modifications to capture semiconductors entering the United States in downstream products.
Comments opposing the increase in tariffs on semiconductors primarily comment on the financial impact of the tariffs on U.S. companies and the U.S. economy. These commenters assert that the increased duties will increase domestic manufacturing costs, will be passed on to consumers, will contribute to domestic inflation, and will reduce the competitiveness of U.S. products in the global market. Comments also state that increased manufacturing costs may encourage U.S. companies to move manufacturing out of the United States to third countries.
Aside from advocating for the removal of the tariffs, comments opposing the tariffs also propose several alternatives to increased duties. One commenter argues that an effective alternative to the tariffs would be bilateral policy discussions between the United States and China. Another commenter suggests additional programs that strengthen domestic manufacturing, such as under
( printed page 76588)
the CHIPS and Science Act and the Inflation Reduction Act, would be more effective than imposing higher tariffs. Alternatively, the same commenter suggests a longer transition time to allow for additional manufacturing, noting that CHIPS funding has yet to be fully disbursed and it may take several years before domestic semiconductors will be available. Some comments request the removal of certain subheadings. They generally assert that the tariffs would increase prices and harm domestic manufacturing. One comment asserts that the tariffs are counterproductive to the Administration's goals to increase domestic production of electric vehicles.
Considering the public comments, the advice of the Section 301 Committee, and consistent with the direction of the President, the U.S. Trade Representative has determined that excluding particular products or subheadings is not warranted. China has targeted the semiconductor sector for dominance and is rapidly expanding its capacity, particularly for foundational semiconductors. Through the CHIPS and Science Act, the United States is making a nearly $53 billion investment in American semiconductor manufacturing capacity, research, innovation, and workforce. This investment will encourage diversification to alternative sources, providing additional leverage with China to eliminate the investigated acts, policies, and practices, and will help counteract decades of disinvestment and offshoring that has reduced the United States' capacity to manufacture semiconductors domestically. Raising the tariff rate on semiconductors is an important initial step to complement the sustainability of these investments. Accordingly, the U.S. Trade Representative has determined to increase tariffs on the 16 proposed subheadings.
Ship-to-shore cranes:
The President directed the U.S. Trade Representative to increase tariffs on ship-to-shore cranes to 25 percent in 2024. In response to the President's direction, the U.S. Trade Representative proposed increasing tariffs on certain ship-to-shore cranes (transporter cranes, gantry cranes, and bridge cranes) under subheading 8426.19.00.
In addressing the effectiveness and impact of the proposed tariff increase, a number of commenters assert that because the lead time for purchasing ship-to-shore cranes is often more than two years, the additional duties would increase costs significantly on purchases contracted for well before the proposed modification. Additionally, due to purchase contracts, the increased tariffs would not be effective in obtaining the elimination of, or in counteracting China's acts, policies, and practices and would broadly impact U.S. ports and the U.S. economy. The majority of comments suggest delaying the additional duties until 2026 to allow cranes under contracts executed prior to the announced proposed modifications to enter without the section 301 duties.
Considering the possible broad economic impact discussed in the comments, and consistent with the President's direction, the U.S. Trade Representative has determined to increase duties on ship-to-shore cranes in 2024, but will allow for exclusions for cranes that fulfill contracts executed prior to May 14, 2024, and that enter the United States prior to May 14, 2026. The exclusion balances the possible impact on the U.S. economy with the security interests of the United States from the threat of Chinese state-sponsored cyber intrusions of critical infrastructure.
Ship-to-shore gantry cranes, configured as a high- or low-profile steel superstructure and designed to unload intermodal containers from vessels with coupling devices for containers, including spreaders or twist-locks (provided for in subheadings 8426.19.00), will be exempt, provided: (1) they are fulfilling in whole or in part an executed contract for sale dated prior to May 14, 2024, for goods that are entered for consumption, or withdrawn from warehouse for consumption, in the United States prior to May 14, 2026, and (2) the importer completes the certification in Annex D to this notice and provides the completed certification as part of the importer's electronic entry summary to U.S. Customs and Border Protection by uploading it to the Document Imaging System in the Automated Commercial Environment at the time that classification is declared under heading 9903.91.09 of the HTSUS.
Solar Cells (whether or not assembled into modules):
The President directed the U.S. Trade Representative to increase tariffs on solar cells to 50 percent in 2024. In response to the President's direction, the U.S. Trade Representative proposed increasing tariffs on two subheadings.
Comments supporting the tariff increases assert that the tariffs are critical to counter China's unfair policies and practices that target the solar industry. They note that China has invested in the long-term dominance of the global solar supply chain, which has resulted in limited alternatives and increasing dependence on Chinese suppliers. The comments assert that increasing the tariffs will allow the burgeoning domestic industry to compete, creating a more resilient domestic supply chain, improving U.S. energy security, and promoting clean energy initiatives.
Comments also note that initiatives, such as the Inflation Reduction Act and the CHIPS and Science Act, provide critical incentives to the shift solar supply chains to the United States, but these incentives are threatened by solar imports from China. Two comments suggest that additional subheadings be added to cover certain inputs used in manufacturing solar cells. The two subheadings are: 2804.61.00 (Silicon containing by weight not less than 99.99 percent of silicon); and 3818.00.00 (Chemical elements doped for use in electronics, in the form of discs, wafers etc., chemical compounds doped for electronic use).
There were no comments opposing the proposed subheading, but one comment requested that a statistical reporting number under one of the subheadings be excluded (8541.43.0010). The commenter asserts that the products covered by the statistical reporting number should be excluded because they are not the subject of technology-transfer agreements and increasing the tariffs will result in higher prices.
Considering the comments, and the advice of Section 301 Committee, and consistent with the direction of the President to increase tariffs on solar cells (whether or not assembled into modules), the U.S. Trade Representative has determined that removing statistical reporting number 8541.43.0010 is not warranted merely because it has not been subject to China's acts, policies, and practices or may result in higher prices.
See
section 301(c)(3)(B) of the Trade Act (19 U.S.C. 2411(c)(3)(B)).
Regarding the request to add subheadings 2804.61.00 and 3818.00.00, the U.S. Trade Representative has determined to propose increasing tariff rates for these two subheadings to 50 percent. The polysilicon and wafers that are imported under these two subheadings are critical for manufacturing solar cells and semiconductors. As noted in USTR's Report, China now dominates manufacturing capacity for polysilicon and wafers, accounting for 93 percent of polysilicon manufacturing capacity and 95 percent of wafer capacity. China's dominance in the manufacturing of wafers and polysilicon is likely to undermine new investments in domestic manufacturing, impede the resiliency of U.S. supply chains for solar
( printed page 76589)
cells and semiconductors, and undermine the effectiveness of the tariffs on solar cells and semiconductors. Accordingly, USTR will publish a separate notice with procedures for interested parties to provide views on increasing tariffs on subheadings: 2804.61.00 (Silicon containing by weight not less than 99.99 percent of silicon); and 3818.00.00 (Chemical elements doped for use in electronics, in the form of discs, wafers etc., chemical compounds doped for electronic use).
Increasing tariffs on the two proposed subheadings will encourage the diversification of supply chains and will lessen dependence on China for these products, providing additional leverage with China to eliminate the investigated acts, policies, and practices. The tariffs also complement other Administration goals that seek to defend the United States against China's policy-driven non-market excess capacity, which has led to extreme concentration of production in China and underpriced exports. Accordingly, the U.S. Trade Representative has determined to increase tariffs on the two proposed subheadings.
Steel and Aluminum:
The President directed the U.S. Trade Representative to increase tariffs on steel and aluminum products to 25 percent in 2024. In response to the President's direction, the U.S. Trade Representative proposed increasing or adding tariffs on 321 steel and aluminum subheadings in 2024.
The 321 subheadings are within the scope of products subject to additional duties under section 232 of the Trade Expansion Act of 1962, as amended, but are not currently subject to 25 percent duties under section 301. Increasing or adding duties to these 321 subheadings would make nearly all of the steel and aluminum subheadings that are within the scope of the section 232 investigations of steel and aluminum subject to 25 percent duties under section 301and will reduce opportunities for circumvention, making the actions more effective. USTR did not propose adding or increasing section 301 duties on 17 subheadings within the scope of products covered by section 232. Data from the Department of Commerce's section 232 exclusion process show that a majority of exclusions requested for products under the 17 subheadings were granted, and there is limited availability for the products outside of China.
Several commenters suggest USTR include additional tariff codes covering upstream and downstream products related to steel and aluminum, but outside the scope of the section 232 investigations. The U.S. Trade Representative has determined not to add subheadings outside the scope of the section 232 investigations on steel and aluminum and has determined that it is appropriate to use the same scope of products covered by the section 232 investigations that were defined by Presidential proclamation.
See
Proclamation 9704 of March 8, 2018 (Adjusting Import of Aluminum into the United States), and Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel into the United States).
Some commenters suggest USTR include the 17 subheadings covered by the section 232 investigations that were not proposed for tariff increases. Under the Department of Commerce's exclusion process for section 232 products, products are granted exclusion either where they are not produced in the United States in sufficient and reasonably available amounts, or where there is a specific national security consideration. As noted above, for products under these 17 subheadings, Commerce granted exclusions, and data indicates that these products have limited availability outside of China. Accordingly, the U.S. Trade Representative has determined that it would not be appropriate to increase tariffs on these 17 subheadings.
Syringes and needles:
The President directed the U.S. Trade Representative to increase tariffs on syringes and needles to no less than 50 percent. In response to the President's direction, the U.S. Trade Representative proposed increasing tariffs on two subheadings. USTR requested commenters to address whether the tariff rate should be higher than the proposed rate.
Regarding the proposed rate, several comments suggest that higher rates would help support domestic manufacturing and recommended rates as high as 100 percent. Most comments opposing the proposed increase simply note that prices would likely increase. However, a large number of comments report a limited availability of enteral syringes outside of China and assert that the proposed increase would impact the supply of enteral syringes, which are necessary for vulnerable patients. These comments request that enteral syringes be excluded.
Considering the comments and the advice of Section 301 Committee, and recognizing that syringes and needles are critical to U.S. preparedness in responding to public health emergencies and the need to maintain alternative sources, consistent with the President's direction, the U.S. Trade Representative has determined to increase tariffs on syringes and needles under the two subheadings to 100 percent in 2024. To address the possible shortages of enteral syringes, the U.S. Trade Representative has determined to exclude enteral syringes through January 1, 2026.
USTR's Response to Significant Comments on Machinery Exclusion Process
The President directed the U.S. Trade Representative to 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 HTSUS be temporarily excluded from section 301 tariffs, and to prioritize, in particular, exclusions for certain solar manufacturing. In response to the President's direction, the U.S. Trade Representative proposed 312 subheadings eligible for consideration of temporary exclusion, and proposed 19 temporary exclusions for solar manufacturing equipment.
Chapters 84 and 85 of the HTSUS cover most machinery used in manufacturing processes. The 312 subheadings proposed, include machines used to physically alter a good in the manufacturing process. The limited scope of the exclusion process strikes a balance between mitigating U.S. companies' costs in expanding domestic production capacity while maintaining the appropriate amount of leverage with China to encourage China to eliminate the acts, policies, and practices that are the subject of the investigation.
In response to USTR's request for comments on whether the 312 subheadings proposed should or should not be eligible in the machinery exclusion process and whether certain subheading under Chapters 84 and 85 that cover machinery used in domestic manufacturing were omitted and should be included, USTR received more than 650 comments, with approximately half of the comments proposing additional subheadings under Chapters 84 and 85. The remaining comments either opposed including certain subheadings, supported proposed subheadings, or proposed subheadings not under Chapters 84 and 85.
Considering the comments, and the advice of the Section 301 Committee, and consistent with the direction of the President, the U.S. Trade Representative has determined to add five additional subheadings to be eligible for consideration of temporary exclusions. These five subheadings are: 8421.21.00 (Machinery and apparatus for filtering or purifying water); 8421.29.00 (Filtering or purifying machinery and
( printed page 76590)
apparatus for liquids, nesoi); 8421.39.01 (Filtering or purifying machinery and apparatus for gases, other than intake air filters or catalytic conv. for internal combustion engines); 8428.70.00 (Industrial robots); and 8443.19.30 (Printing machinery, nesoi). These subheadings appear to include machinery used to physically alter goods in the manufacturing process.
Consistent with the President's direction, the U.S. Trade Representative has determined not to add subheadings outside of Chapters 84 and 85 or subheadings that only include parts, accessories, consumables, or general equipment that is unable to physically change a good. Additionally, the U.S. Trade Representative has determined not to remove any of the proposed subheadings. Comments requesting that subheadings be removed generally assert that machines covered by the subheading were available from sources outside of China. Under the exclusion process, commenters both supporting and opposing particular exclusions for machines under any of these subheadings will have an opportunity to provide their views. This will provide USTR with greater opportunity to gather more specific information about the machinery requested for exclusion, including the availability of products outside of China.
Nineteen Proposed Solar Manufacturing Equipment Exclusions
The President directed the U.S. Trade Representative to prioritize exclusions for certain solar manufacturing equipment. In response to the President's direction, the U.S. Trade Representative proposed 19 exclusions covering solar manufacturing equipment. The exclusions included five exclusions for equipment to manufacture solar modules, six exclusions for equipment to manufacture solar cells, and eight exclusions for equipment to manufacture solar wafers.
USTR received several comments requesting that the exclusions for solar manufacturing equipment be made effective prior to May 28, 2024. USTR received a number of comments opposing the exclusions based on the assertion that certain equipment is available from alternative sources. Specifically, with respect to the five exclusions for solar module manufacturing equipment and the six exclusions for solar cell manufacturing equipment, a number of comments assert that alternative sources for the machinery are available, both domestically and in Europe. Several comments noted that excluding Chinese equipment would disincentivize companies to purchase from alternative sources and negatively impact burgeoning supply chains. Comments supporting the exclusions focus primarily on Chinese equipment being low-cost equipment, but some also assert that China is the only source for most solar equipment.
Considering the public comments, the specific direction of the President to prioritize exclusions for solar equipment, and the advice of the Section 301 Committee, particularly agencies involved in efforts to build capacity for domestic production of solar products, the U.S. Trade Representative has determined not to adopt the five exclusions covering solar manufacturing equipment for modules. Available information indicates that there is sufficient availability of the products covered by the exclusions outside of China, such that the exclusions are not warranted and could harm alternative sourcing currently available.
Regarding proposals to temporarily exclude wafer and cell manufacturing equipment, the U.S. Trade Representative has determined to adopt the 14 exclusions for this manufacturing equipment. There is limited information regarding the availability and pricing of the cell manufacturing equipment covered by these exclusions outside of China, but some of the risks of granting the exclusions are mitigated by the short prospective duration of the exclusions. The exclusion period will allow for the development of strategies to reduce U.S. reliance on Chinese cell manufacturing equipment, and for greater supply chain resilience and enhanced domestic manufacturing more generally. Regarding the wafer manufacturing equipment, available information indicates that alternative sources do not currently have sufficient supply of the equipment covered by these exclusions. Regarding requests for a longer retroactive period for the exclusions for solar manufacturing equipment, the U.S. Trade Representative has determined to make the exclusions effective January 1, 2024, and through May 31, 2025. The additional time will support those investments in domestic production that were made in 2024, but prior to USTR's announced proposals. With the goal of reducing reliance on China, and to ensure that imports under the exclusions support both greater domestic production of solar products and supply chain resilience, USTR will actively monitor imports under the 14 temporary exclusions. Additionally, based on the public comments, the U.S. Trade Representative has made certain amendments to the proposed product descriptions for the exclusions. The final product descriptions for the adopted exclusions are included in Annex B of this notice.
The U.S. Trade Representative will continue to consider the actions taken in this investigation. In the event that further modifications are appropriate, the U.S. Trade Representative intends to take into account the extensive public comments provided in response to the May 28 notice.
Juan Millan,
Acting General Counsel, Office of the United States Trade Representative.
Annex A—Tariff Increases
HTSUS subheading
Product description
Rate
(%)
Timing
Battery Parts (Non-lithium-ion Batteries)
8507.90.40
Parts of lead-acid storage batteries, including separators therefor
25
2024
Electric Vehicles
8702.40.31
Motor vehicles w/electric motor, to transport 16 or more persons, incl driver
100
2024
8702.40.61
Motor vehicles w/electric motor, to transport 10 to 15 persons, incl driver
100
2024
8702.90.31
Motor vehicles nesoi, to transport 16 or more persons, incl driver
100
2024
8702.90.61
Motor vehicles nesoi, to transport 10 to 15 persons, incl driver
100
2024
8703.60.00
Motor vehicles to transport persons, w/spark-ign. IC recip. piston engine & elec motor capable of charge by plug to external source
100
2024
8703.70.00
Motor vehicles to transport persons, w/diesel engine & elec motor capable of charge by plug to external source
100
2024
( printed page 76591)
8703.80.00
Motor vehicles to transport persons, w/electric motor for propulsion
100
2024
8703.90.01
Motor vehicles to transport persons, nesoi
100
2024
Facemasks
6307.90.9842
Surgical N95 Respirators of Textile
25
50
2024
2026
6307.90.9844
Non-surgical N95 Respirators of Textiles
25
50
2024
2026
6307.90.9850
Respirators of Textiles, Other than N95
25
50
2024
2026
6307.90.9870
Face Masks of Textiles, Disposable
25
50
2025
2026
6307.90.9875
Face Masks of Textiles, Other than Disposable
25
50
2024
2026
Lithium-ion Electrical Vehicle Batteries
8507.60.0010
Lithium-ion batteries of a kind used as the primary source of electrical power for electrically powered vehicles of subheadings 8703.40, 8703.50, 8703.60, 8703.70 or 8703.80
25
2024
Lithium-ion Non-electrical Vehicle Batteries
8507.60.0020
Lithium-ion batteries: Other
25
2026
Medical Gloves
4015.12.10
Medical or surgical gloves of vulcanized rubber other than hard rubber
50
100
2025
2026
Natural Graphite
2504.10.10
Natural graphite, crystalline flake (not including flake dust)
25
2026
2504.10.50
Natural graphite in powder or flakes (other than crystalline flake)
25
2026
2504.90.00
Natural graphite, other than in powder or in flakes
25
2026
Other Critical Minerals
2602.00.00
Manganese ores and concentrates including ferruginous manganese ores & concentrates with manganese content over 20% calculated on dry weight
25
2024
2605.00.00
Cobalt ores and concentrates
25
2024
2606.00.00
Aluminum ores and concentrates
25
2024
2608.00.00
Zinc ores and concentrates
25
2024
2610.00.00
Chromium ores and concentrates
25
2024
2611.00.60
Tungsten concentrates
25
2024
2825.90.30
Tungsten oxides
25
2024
2841.80.00
Tungstates (wolframates)
25
2024
2844.41.00
Tritium and its compounds, alloys, dispersions, ceramic products and mixtures thereof
Other photosensitive semiconductor devices, other than diodes or transistors, nesoi
50
2025
8541.51.00
Other semiconductor-based transducers, other than photosensitive transducers
50
2025
8541.59.00
Other semiconductor devices, other than semiconductor-based transducers, other than photosensitive devices, nesoi
50
2025
8541.90.00
Parts of diodes, transistors, similar semiconductor devices, photosensitive semiconductor devices, LED's and mounted piezoelectric crystals
50
2025
8542.31.00
Electronic integrated circuits: processors and controllers
50
2025
8542.32.00
Electronic integrated circuits: memories
50
2025
8542.33.00
Electronic integrated circuits: amplifiers
50
2025
8542.39.00
Electronic integrated circuits: other
50
2025
8542.90.00
Parts of electronic integrated circuits and microassemblies
50
2025
Ship-to-Shore Cranes
Ship-to-shore gantry cranes, configured as a high- or low-profile steel superstructure and designed to unload intermodal containers from vessels with coupling devices for containers, including spreaders or twist-locks (provided for in subheading 8426.19.00), except for such cranes provided for in subheading 8426.19.00, that are fulfilling in whole or in part an executed contract for sale dated prior to May 14, 2024, for goods that are entered for consumption, or withdrawn from warehouse for consumption, in the United States prior to May 14, 2026
25
2024
Solar Cells (whether or not assembled into modules)
8541.42.00
Photovoltaic cells, not assembled in modules or made up into panels
50
2024
8541.43.00
Photovoltaic cells assembled in modules or made up into panels
50
2024
Steel and Aluminum Products
7206.10.00
Iron and nonalloy steel ingots
25
2024
7206.90.00
Iron and nonalloy steel in primary forms (o/than ingots)
25
2024
7207.11.00
Iron or nonalloy steel semifinished products, w/less than 0.25% carbon, w/rect. cross sect.(incl. sq.), w/width less than twice thickness
25
2024
7207.12.00
Iron or nonalloy steel semifinished products, w/less than 0.25% carbon, w/rect. cross sect. (exclud. sq.), nesoi
25
2024
7207.19.00
Iron or nonalloy steel semifinished products, w/less than 0.25% carbon, o/than w/rect. cross section
25
2024
7207.20.00
Iron or nonalloy steel semifinished products, w/0.25% or more of carbon
25
2024
7208.10.15
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, w/patterns in relief, in coils, pickled, not clad/plated/coated
25
2024
7208.10.30
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled product, in coil, w/pattern in relief, w/thick 4.75mm+, not pickld, not clad/plated/coatd
25
2024
7208.10.60
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled product, in coil, w/pattern in relief, w/thick <4.75mm, not pickld, not clad/plated/coatd
25
2024
7208.25.30
Nonalloy hi-strength steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick 4.75mm+, pickled, not clad/plated/coated
25
2024
7208.25.60
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick 4.7mm or more, pickled, not clad/plated/coated
25
2024
7208.26.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick 3mm or mor but less 4.75mm, pickled, not clad/plated
25
2024
7208.27.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick less than 3mm, pickled, not clad/plated/coated
25
2024
7208.36.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick o/10mm, not pickled/clad/plated/coated
25
2024
7208.37.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick 4.75mm or more & n/o 10mm, not pickled/clad/plated
25
2024
7208.38.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick 3mm or more & less 4.75mm, not pickld/clad/plated
25
2024
( printed page 76593)
7208.39.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, in coils, w/thick less than 3mm, not pickled/clad/plated/coated
25
2024
7208.40.30
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, w/pattern in relief, not coils, w/thick 4.75 or more, n/clad/plated/coated
25
2024
7208.40.60
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, w/pattern in relief, not coils, w/thick <4.75mm, not clad/plated/coated
25
2024
7208.51.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, nesoi, not in coils, w/thick o/10mm, not clad/plated/coated
25
2024
7208.52.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, neosi, not in coils, w/thick 4.75mm+ but n/o 10mm, not clad/plated/
25
2024
7208.53.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, neosi, not in coils, w/thick 3mm+ but <4.75mm, not clad/plated/coated
25
2024
7208.54.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, neosi, not in coils, w/thick less than 3mm, not clad/plated/coated
25
2024
7208.90.00
Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, nesoi, not clad/plated/coated
25
2024
7209.15.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, in coils, w/thick 3mm+, not clad/plated/coated
25
2024
7209.16.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, in coils, w/thick o/1mm but less than 3mm, not clad/plated/coated
25
2024
7209.17.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, in coils, w/thick 0.5mm or more but n/o 1mm, not clad/plated/coated
25
2024
7209.18.15
Nonalloy hi-strength steel, width 600mm+, cold-rolled flat-rolled products, in coils, w/thick less than 0.5mm, not clad/plated/coated
25
2024
7209.18.25
Nonalloy steel(blackplate), width 600mm+, cold-rolled flat-rolled products, in coils, w/thick less than 0.361mm, not clad/plated/coated
25
2024
7209.18.60
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, in coils, w/thick 0.361mm+ but less 5mm, not clad/plated/coated
25
2024
7209.25.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, not in coils, w/thick 3mm or more, not clad/plated/coated
25
2024
7209.26.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, not in coils, w/thick o/1mm but less than 3mm, not clad/plated/coated
25
2024
7209.27.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, not in coils, w/thick 0.5mm+ but n/o 1mm, not clad/plated/coated
25
2024
7209.28.00
Iron/nonalloy steel, width 600mm+, cold-rolled flat-rolled products, not in coils, w/thick less than 0.5mm, not clad/plated/coated
25
2024
7209.90.00
Iron/nonalloy steel, width 600mm+, flat-rolled products further worked than cold-rolled, not clad/plated/coated, nesoi
25
2024
7210.11.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with tin, w/thick. 0.5 mm or more
25
2024
7210.12.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with tin, less than 0.5 mm thick
25
2024
7210.20.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with lead, including terneplate
25
2024
7210.30.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, electrolytically plated or coated with zinc
25
2024
7210.41.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with zinc (other than electrolytically), corrugated
25
2024
7210.49.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with zinc (other than electrolytically), not corrugated
25
2024
7210.50.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with chromium oxides or with chromium and chromium oxides
25
2024
7210.61.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with aluminum-zinc alloys
25
2024
7210.69.00
Iron/nonalloy steel, width 600mm+, flat-rolled products, plated or coated with aluminum o/than aluminum-zinc alloy
25
2024
7210.70.30
Iron/nonalloy steel, width 600mm+, flat-rolled products, painted/varnished or coated w/plastic but not plated/coated or clad w/metal
Aluminum, foil, w/thickness n/o 0.01 mm, rolled but not further worked, not backed
25
2024
7607.11.60
Aluminum, foil, w/thickness over 0.01 mm but n/o 0.15 mm, rolled but not further worked, not backed
25
2024
7607.11.90
Aluminum, foil, w/thickness over 0.15 mm but n/o 0.2 mm, rolled but not further worked, not backed
25
2024
7607.19.60
Aluminum, foil nesoi, w/thickness o/0.15mm but n/o 0.2 mm or 0.15mm or less & not cut to shape, not rolled, not backed, nesoi
25
2024
7607.20.10
Aluminum, foil, w/thickness n/o 0.2 mm, backed, covered or decorated with a character, design, fancy effect or pattern
25
2024
7608.10.00
Aluminum (o/than alloy), tubes and pipes
25
2024
7608.20.00
Aluminum alloy, tubes and pipes
25
2024
7609.00.00
Aluminum, fittings for tubes and pipes
25
2024
Syringes and Needles
9018.31.00
Syringes, with or without their needles; parts and accessories thereof; except enteral syringes provided for in heading 9903.91.10, entered before January 1, 2026 (described in statistical reporting number 9018.31.0080)
100
2024
9018.32.00
Tubular metal needles and needles for sutures, used in medical, surgical, dental or veterinary sciences, and parts and accessories thereof
100
2024
Annex B—Exclusions for Solar Manufacturing Equipment
Exclusion Product Description
Silicon growth furnaces, including Czochralski crystal growth furnaces, designed for growing monocrystalline silicon ingots (boules) of a mass exceeding 700 kg, for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
Band saws designed for cutting or slicing cylindrical monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into square or rectangular ingots (boules), for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
Machines designed to align and adhere square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 200 kg to plastic support boards on metal mounting plates to provide support during diamond wire sawing, for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
Diamond wire saws designed for cutting or slicing square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers (described in statistical reporting number 8486.10.0000).
Wire guide roller machines, presented with diamond wire saws designed for slicing square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers, all of the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
Coolant fluid recycling machines, presented with diamond wire saws designed for slicing square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers, all of the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
Degumming machines designed to remove adhesives from solar wafers (described in statistical reporting number 8486.10.0000).
Texturing, etching, polishing, and cleaning machines designed to prepare, repair, clean, etch, polish or texture the solar wafer substrate, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, all the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.20.0000).
Thermal diffusion quartz-tube furnaces, designed to diffuse dopant impurities into square or rectangular silicon wafers, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next or boat loading or unloading machines, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
Plasma-enhanced or low-pressure chemical vapor deposition machines designed to deposit amorphous or nanocrystalline layers on one or both surfaces of a solar wafer, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
( printed page 76601)
Physical vapor deposition (PVD) machines, designed to deposit a thin film of transparent conducting oxide on one or both surfaces of a solar wafer, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
Screen printing line machines, including sintering furnaces for printing conducting contacts on both surfaces of a solar wafer, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, and whether or not integrated with equipment for solar cell testing, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
Machines designed for transporting polysilicon material to growth furnaces and machines designed for transporting monocrystalline ingots (boules) and wafers throughout the solar wafer manufacturing process, including machines for loading or unloading solar wafers during the diamond wire slicing process (described in statistical reporting number 8486.40.0030).
Machines designed for lifting, handling, loading, or unloading of solar wafers of a thickness not exceeding 200 micrometers, for use in solar wafer manufacturing (described in statistical reporting number 8486.40.0030).
Annex C—Changes to Harmonized Tariff Schedule of the United States
1. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified by inserting the following new headings 9903.91.01, 9903.91.02 and 9903.91.03 in numerical sequence, with the material in the new headings inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.91.01
Effective with respect to entries on or after September 27, 2024, articles the product of China, as provided for in subdivision (b) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 25%
9903.91.02
Effective with respect to entries on or after September 27, 2024, articles the product of China, as provided for in subdivision (c) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 50%
9903.91.03
Except as provided in heading 9903.91.10, effective with respect to entries on or after September 27, 2024, articles the product of China, as provided for in subdivision (d) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 100%”
2. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2025, subchapter III of chapter 99 of the HTSUS is modified by inserting the following new headings 9903.91.04 and 9903.91.05 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.91.04
Effective with respect to entries on or after January 1, 2025, and before January 1, 2026, articles the product of China, as provided for in subdivision (e) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 25%
9903.91.05
Effective with respect to entries on or after January 1, 2025, articles the product of China, as provided for in subdivision (f) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 50%”
3. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2026, subchapter III of chapter 99 of the HTSUS is modified by inserting the following new headings 9903.91.06, 9903.91.07, and 9903.91.08 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
( printed page 76602)
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.91.06
Effective with respect to entries on or after January 1, 2026, articles the product of China, as provided for in subdivision (g) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 25%
9903.91.07
Effective with respect to entries on or after January 1, 2026, articles the product of China, as provided for in subdivision (h) of U.S. note 31 to this subchapter
The duty provided in the applicable subheading + 50%
9903.91.08
Effective with respect to entries on or after January 1, 2026, articles the product of China, as provided for in subdivision (i) of U.S. note 31 to this subchapter
4. Effective on September 27, 2024, subchapter III of chapter 99 of the HTSUS is modified by inserting the following new U.S. note 31 in numerical sequence:
“31. (a) As provided in headings 9903.91.01, 9903.91.02, 9903.91.03, 9903.91.04, 9903.91.05, 9903.91.06, 9903.91.07 and 9903.91.08 and subheading 9903.92.10, products of China shall be subject to additional
ad valorem
rates of duty, as provided for in this note. The products of China that are subject to additional
ad valorem
rates of duty in accordance with this note are products of China that are classified in the subheadings, or described in the statistical reporting numbers, enumerated in this note.
“Notwithstanding U.S. note 1 to this subchapter, all products of China that are subject to the additional
ad valorem
rate of duty imposed by headings 9903.91.01, 9903.91.02, 9903.91.03, 9903.91.04, 9903.91.05, 9903.91.06, 9903.91.07 and 9903.91.08 and subheading 9903.92.10, shall also be subject to the general rates of duty imposed on products of China classified in the subheadings, or described in the statistical reporting numbers, enumerated in this note.
“Products of China that are classified in the subheadings, or described in the statistical reporting numbers, enumerated in this note that are eligible for special tariff treatment under general note 3(c)(i) to the HTSUS, or that are eligible for temporary duty exemptions or reductions under subchapter II to chapter 99, shall be subject to the additional
ad valorem
rate of duty imposed by headings 9903.91.01, 9903.91.02, 9903.91.03, 9903.91.04, 9903.91.05, 9903.91.06, 9903.91.07 and 9903.91.08 and subheading 9903.92.10.
“The additional duties imposed by headings 9903.91.01, 9903.91.02, 9903.91.03, 9903.91.04, 9903.91.05, 9903.91.06, 9903.91.07 and 9903.91.08 and subheading 9903.92.10, do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings 9802.00.40, 9802.00.50, and 9802.00.60, and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50, and 9802.00.60, the additional duties apply to the value of repairs, alterations, or processing performed abroad, as described in the applicable subheading. For heading 9802.00.80, the additional duties apply to the value of the article less the cost or value of such products of the United States, as described in heading 9802.00.80.
“Products of China that are provided for in headings 9903.91.01, 9903.91.02, 9903.91.03, 9903.91.04, 9903.91.05, 9903.91.06, 9903.91.07 and 9903.91.08 and subheading 9903.92.10 and classified in one of the subheadings, or described in the statistical reporting numbers, enumerated in this note shall continue to be subject to antidumping, countervailing, or other duties, fees, exactions and charges that apply to such products, as well as to the additional
ad valorem
rate of duty imposed by headings 9903.91.01, 9903.91.02, 9903.91.03, 9903.91.04, 9903.91.05, 9903.91.06, 9903.91.07, and 9903.91.08 and subheading 9903.92.10.”
“(b) Heading 9903.91.01 applies to products of China that are classified in the 8-digit subheadings, or described in the 10-digit statistical reporting numbers, enumerated in this subdivision, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024:
(1) N95 respirators of textiles, described in statistical reporting numbers 6307.90.9842 or 6307.90.9844
(2) Respirators of textiles, other than N95 respirators, described in statistical reporting number 6307.90.9850
(3) Face masks of textiles, other than disposable, described in statistical reporting number 6307.90.9875
(4) Lithium-ion batteries of a kind used as the primary source of electrical power for electrically powered vehicles of subheadings 8703.40, 8703.50, 8703.60, 8703.70 or 8703.80, described in statistical reporting number 8507.60.0010
(5) 2602.00.00
(6) 2605.00.00
(7) 2606.00.00
(8) 2608.00.00
(9) 2610.00.00
(10) 2611.00.60
(11) 2825.90.30
(12) 2841.80.00
(13) 2844.41.00
(14) 2844.42.00
(15) 2844.43.00
(16) 2844.44.00
(17) 2849.90.30
(18) 7202.60.00
(19) 7202.93.40
(20) 7202.93.80
(21) 7206.10.00
(22) 7206.90.00
(23) 7207.11.00
(24) 7207.12.00
(25) 7207.19.00
(26) 7207.20.00
(27) 7208.10.15
(28) 7208.10.30
(29) 7208.10.60
(30) 7208.25.30
(31) 7208.25.60
(32) 7208.26.00
(33) 7208.27.00
(34) 7208.36.00
(35) 7208.37.00
(36) 7208.38.00
(37) 7208.39.00
(38) 7208.40.30
(39) 7208.40.60
(40) 7208.51.00
(41) 7208.52.00
(42) 7208.53.00
( printed page 76603)
(43) 7208.54.00
(44) 7208.90.00
(45) 7209.15.00
(46) 7209.16.00
(47) 7209.17.00
(48) 7209.18.15
(49) 7209.18.25
(50) 7209.18.60
(51) 7209.25.00
(52) 7209.26.00
(53) 7209.27.00
(54) 7209.28.00
(55) 7209.90.00
(56) 7210.11.00
(57) 7210.12.00
(58) 7210.20.00
(59) 7210.30.00
(60) 7210.41.00
(61) 7210.49.00
(62) 7210.50.00
(63) 7210.61.00
(64) 7210.69.00
(65) 7210.70.30
(66) 7210.70.60
(67) 7210.90.10
(68) 7210.90.60
(69) 7210.90.90
(70) 7211.13.00
(71) 7211.14.00
(72) 7211.19.15
(73) 7211.19.20
(74) 7211.19.30
(75) 7211.19.45
(76) 7211.19.60
(77) 7211.19.75
(78) 7211.23.15
(79) 7211.23.20
(80) 7211.23.30
(81) 7211.23.45
(82) 7211.23.60
(83) 7211.29.20
(84) 7211.29.45
(85) 7211.29.60
(86) 7211.90.00
(87) 7212.10.00
(88) 7212.20.00
(89) 7212.30.10
(90) 7212.30.30
(91) 7212.30.50
(92) 7212.40.10
(93) 7212.40.50
(94) 7212.50.00
(95) 7212.60.00
(96) 7213.10.00
(97) 7213.20.00
(98) 7213.91.30
(99) 7213.91.45
(100) 7213.91.60
(101) 7213.99.00
(102) 7214.20.00
(103) 7214.30.00
(104) 7214.91.00
(105) 7214.99.00
(106) 7215.10.00
(107) 7215.50.00
(108) 7215.90.10
(109) 7215.90.30
(110) 7215.90.50
(111) 7216.10.00
(112) 7216.21.00
(113) 7216.22.00
(114) 7216.31.00
(115) 7216.32.00
(116) 7216.33.00
(117) 7216.40.00
(118) 7216.50.00
(119) 7216.99.00
(120) 7217.10.10
(121) 7217.10.20
(122) 7217.10.30
(123) 7217.10.50
(124) 7217.10.60
(125) 7217.10.70
(126) 7217.10.80
(127) 7217.10.90
(128) 7217.20.15
(129) 7217.20.30
(130) 7217.20.45
(131) 7217.20.60
(132) 7217.20.75
(133) 7217.30.15
(134) 7217.30.30
(135) 7217.30.60
(136) 7217.30.75
(137) 7217.90.10
(138) 7217.90.50
(139) 7218.10.00
(140) 7218.91.00
(141) 7218.99.00
(142) 7219.11.00
(143) 7219.12.00
(144) 7219.13.00
(145) 7219.14.00
(146) 7219.21.00
(147) 7219.22.00
(148) 7219.23.00
(149) 7219.24.00
(150) 7219.31.00
(151) 7219.32.00
(152) 7219.33.00
(153) 7219.34.00
(154) 7219.35.00
(155) 7219.90.00
(156) 7220.12.10
(157) 7220.12.50
(158) 7220.20.10
(159) 7220.20.60
(160) 7220.20.70
(161) 7220.20.80
(162) 7220.90.00
(163) 7221.00.00
(164) 7222.11.00
(165) 7222.19.00
(166) 7222.20.00
(167) 7222.30.00
(168) 7222.40.30
(169) 7222.40.60
(170) 7223.00.10
(171) 7223.00.50
(172) 7223.00.90
(173) 7224.10.00
(174) 7224.90.00
(175) 7225.11.00
(176) 7225.19.00
(177) 7225.30.11
(178) 7225.30.30
(179) 7225.30.51
(180) 7225.30.70
(181) 7225.40.11
(182) 7225.40.30
(183) 7225.40.51
(184) 7225.40.70
(185) 7225.50.11
(186) 7225.50.60
(187) 7225.50.70
(188) 7225.50.80
(189) 7225.91.00
(190) 7225.92.00
(191) 7225.99.00
(192) 7226.11.10
(193) 7226.11.90
(194) 7226.19.10
(195) 7226.19.90
(196) 7226.20.00
(197) 7226.91.05
(198) 7226.91.15
(199) 7226.91.25
(200) 7226.91.50
(201) 7226.91.70
(202) 7226.91.80
(203) 7226.92.10
(204) 7226.92.30
(205) 7226.92.50
(206) 7226.92.70
(207) 7226.92.80
(208) 7226.99.01
(209) 7227.10.00
(210) 7227.20.00
(211) 7227.90.10
(212) 7227.90.20
(213) 7227.90.60
(214) 7228.20.10
(215) 7228.20.50
(216) 7228.30.40
(217) 7228.30.60
(218) 7228.30.80
(219) 7228.40.00
(220) 7228.50.10
(221) 7228.50.50
(222) 7228.60.10
(223) 7228.60.60
(224) 7228.60.80
(225) 7228.70.30
(226) 7228.70.60
(227) 7229.20.00
(228) 7229.90.10
(229) 7229.90.50
(230) 7229.90.90
(231) 7301.10.00
(232) 7302.10.10
(233) 7302.10.50
(234) 7302.40.00
(235) 7302.90.10
(236) 7302.90.90
(237) 7304.11.00
(238) 7304.19.10
(239) 7304.19.50
(240) 7304.22.00
(241) 7304.23.30
(242) 7304.23.60
(243) 7304.24.30
(244) 7304.24.40
(245) 7304.24.60
(246) 7304.29.10
(247) 7304.29.20
(248) 7304.29.31
(249) 7304.29.41
( printed page 76604)
(250) 7304.29.50
(251) 7304.29.61
(252) 7304.31.30
(253) 7304.31.60
(254) 7304.39.00
(255) 7304.49.00
(256) 7304.51.10
(257) 7304.51.50
(258) 7304.59.10
(259) 7304.59.20
(260) 7304.59.60
(261) 7304.59.80
(262) 7304.90.10
(263) 7304.90.70
(264) 7305.11.10
(265) 7305.11.50
(266) 7305.12.10
(267) 7305.12.50
(268) 7305.19.10
(269) 7305.19.50
(270) 7305.20.20
(271) 7305.20.40
(272) 7305.20.60
(273) 7305.20.80
(274) 7305.31.20
(275) 7305.31.40
(276) 7305.31.60
(277) 7305.39.10
(278) 7305.39.50
(279) 7305.90.10
(280) 7305.90.50
(281) 7306.11.00
(282) 7306.19.10
(283) 7306.19.51
(284) 7306.21.30
(285) 7306.21.40
(286) 7306.21.80
(287) 7306.29.10
(288) 7306.29.20
(289) 7306.29.31
(290) 7306.29.41
(291) 7306.29.60
(292) 7306.29.81
(293) 7306.30.10
(294) 7306.30.30
(295) 7306.30.50
(296) 7306.40.10
(297) 7306.40.50
(298) 7306.50.10
(299) 7306.50.30
(300) 7306.50.50
(301) 7306.61.10
(302) 7306.61.30
(303) 7306.61.50
(304) 7306.61.70
(305) 7306.69.10
(306) 7306.69.30
(307) 7306.69.70
(308) 7306.90.10
(309) 7306.90.50
(310) 7601.10.30
(311) 7601.10.60
(312) 7601.20.30
(313) 7601.20.60
(314) 7601.20.90
(315) 7604.10.10
(316) 7604.10.30
(317) 7604.10.50
(318) 7604.21.00
(319) 7604.29.10
(320) 7604.29.30
(321) 7604.29.50
(322) 7605.11.00
(323) 7605.19.00
(324) 7605.21.00
(325) 7605.29.00
(326) 7606.11.30
(327) 7606.11.60
(328) 7606.12.30
(329) 7606.12.60
(330) 7606.91.30
(331) 7606.91.60
(332) 7606.92.30
(333) 7606.92.60
(334) 7607.11.30
(335) 7607.11.60
(336) 7607.11.90
(337) 7607.19.60
(338) 7607.20.10
(339) 7608.10.00
(340) 7608.20.00
(341) 7609.00.00
(342) 7901.11.00
(343) 7901.12.10
(344) 7901.12.50
(345) 7901.20.00
(346) 8001.10.00
(347) 8001.20.00
(348) 8101.10.00
(349) 8103.20.00
(350) 8112.21.00
(351) 8112.92.30
(352) 8507.90.40”.
“(c) Heading 9903.91.02 applies to products of China that are classified in the following 8-digit subheadings, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024:
(1) 8541.42.00
(2) 8541.43.00”.
“(d) Heading 9903.91.03 applies to products of China that are classified in the following 8-digit subheadings, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024:
(1) 8702.40.31
(2) 8702.40.61
(3) 8702.90.31
(4) 8702.90.61
(5) 8703.60.00
(6) 8703.70.00
(7) 8703.80.00
(8) 8703.90.01
(9) 9018.31.00
(10) 9018.32.00”.
“(e) Heading 9903.91.04 applies to facemasks of textiles, disposable, of China, described in statistical reporting number 6307.90.9870, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2025, and before January 1, 2026.”
“(f) Heading 9903.91.05 applies to products of China that are classified in the following 8-digit subheadings, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2025:
(1) 4015.12.10
(2) 8541.10.00
(3) 8541.21.00
(4) 8541.29.00
(5) 8541.30.00
(6) 8541.49.10
(7) 8541.49.70
(8) 8541.49.80
(9) 8541.49.95
(10) 8541.51.00
(11) 8541.59.00
(12) 8541.90.00
(13) 8542.31.00
(14) 8542.32.00
(15) 8542.33.00
(16) 8542.39.00
(17) 8542.90.00”.
“(g) Heading 9903.91.06 applies to products of China that are classified in the following 8-digit subheadings, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2026:
(1) 2504.10.10
(2) 2504.10.50
(3) 2504.90.00
(4) 8505.11.00
(5) 8507.60.00”.
“(h) Heading 9903.91.07 applies to products of China that are described in the following 10-digit statistical reporting numbers, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2026:
(1) N95 respirators of textiles, described in statistical reporting numbers 6307.90.9842 or 6307.90.9844
(2) Respirators of textiles, other than N95 respirators, described in statistical reporting number 6307.90.9850
(3) Face masks of textiles, described in statistical reporting numbers 6307.90.9870 or 6307.90.9875”.
“(i) Heading 9903.91.08 applies to products of China classified in 8-digit subheading 4015.12.10, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after
( printed page 76605)
12:01 a.m. eastern standard time on January 1, 2026.”
5. Effective with respect to goods of China entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024, subchapter III of chapter 99 of the HTSUS is modified by inserting the following new heading 9903.92 and new subheadings 9903.92.10 and 9903.92.80 in numerical sequence, with the material in the new headings and subheadings inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.92
Effective with respect to entries, on or after September 27, 2024, of overhead traveling cranes, transporter cranes, gantry cranes, bridge cranes and mobile lifting frames, other than overhead traveling cranes on fixed support and other than mobile lifting frames on tires, articles the product of China (provided for in subheading 8426.19.00):
9903.92.10
Except as provided in heading 9903.91.09, ship-to-shore gantry cranes, configured as a high- or low-profile steel superstructure and designed to unload intermodal containers from vessels with coupling devices for containers, including spreaders or twist-locks (provided for in subheading 8426.19.00)
The duty provided in the applicable subheading + 25%
9903.92.80
Other (provided for in subheading 8426.19.00
The duty provided in the applicable subheading”
6. Effective with respect to products of China that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024, and before May 14, 2026, subchapter III of chapter 99 of the HTSUS is modified by inserting the following new heading 9903.91.09 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.91.09
Notwithstanding subheading 9903.92.10, effective with respect to entries, on or after September 27, 2024, of ship-to-shore gantry cranes, configured as a high- or low-profile steel superstructure and designed to unload intermodal containers from vessels with coupling devices for containers, including spreaders or twist-locks, articles the product of China (provided for in subheading 8426.19.00), that are fulfilling in whole or in part an executed contract for sale dated prior to May 14, 2024 for goods that are entered for consumption, or withdrawn from warehouse for consumption, in the United States prior to May 14, 2026
The duty provided in the applicable subheading”
7. Effective with respect to products of China that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 27, 2024, and before January 1, 2026, subchapter III of chapter 99 of the HTSUS is modified by inserting the following new heading 9903.91.10 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
( printed page 76606)
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.91.10
Notwithstanding heading 9903.91.03, effective with respect to entries of enteral syringes, of China, on or after September 27, 2024, and before January 1, 2026 (described in statistical reporting number 9018.31.0080)
The duty provided in the applicable subheading”
8. Effective with respect to products of China that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on January 1, 2024, and before June 1, 2025, subchapter III of chapter 99 of the HTSUS is modified:
(a) by inserting the following new heading 9903.88.70 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively:
Heading/
subheading
Article description
Rates of duty
1
2
General
Special
“9903.88.70
Effective with respect to entries on or after January 1, 2024, and before June 1, 2025, articles the product of China, as provided in U.S. note 20(www) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative
The duty provided in the applicable subheading”
(b) by inserting the following new U.S. note 20(www) to subchapter III of chapter 99 in numerical sequence:
“(www) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.02 and provided for in U.S. notes 20(c) and (d) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.02. See 83 FR 40823 (August 16, 2018) and 83 FR 47236 (September 18, 2018). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties imposed by heading 9903.88.02 and U.S. note 20(d) to this subchapter shall not apply to the products of China described herein and classified in the specified subheadings of heading 8486 of the tariff schedule, when such products of China are entered with a claim for the tariff treatment provided in heading 9903.88.70 of this subchapter:
(1) Silicon growth furnaces, including Czochralski crystal growth furnaces, designed for growing monocrystalline silicon ingots (boules) of a mass exceeding 700 kg, for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000)
(2) Band saws designed for cutting or slicing cylindrical monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into square or rectangular ingots (boules), for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000)
(3) Machines designed to align and adhere square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 200 kg to plastic support boards on metal mounting plates to provide support during diamond wire sawing, for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000)
(4) Diamond wire saws designed for cutting or slicing square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers (described in statistical reporting number 8486.10.0000)
(5) Wire guide roller machines, presented with diamond wire saws designed for slicing square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers, all of the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000)
(6) Coolant fluid recycling machines, presented with diamond wire saws designed for slicing square or rectangular monocrystalline silicon ingots (boules) of an initial mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers, all of the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000)
(7) Degumming machines designed to remove adhesives from solar wafers (described in statistical reporting number 8486.10.0000)
(8) Texturing, etching, polishing, and cleaning machines designed to prepare, repair, clean, etch, polish or texture the solar wafer substrate, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, all the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.20.0000)
(9) Thermal diffusion quartz-tube furnaces, designed to diffuse dopant impurities into square or rectangular silicon wafers, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next or boat loading or unloading machines, all the
( printed page 76607)
foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000)
(10) Plasma-enhanced or low-pressure chemical vapor deposition machines designed to deposit amorphous or nanocrystalline layers on one or both surfaces of a solar wafer, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000)
(11) Physical vapor deposition (PVD) machines, designed to deposit a thin film of transparent conducting oxide on one or both surfaces of a solar wafer, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000)
(12) Screen printing line machines, including sintering furnaces for printing conducting contacts on both surfaces of a solar wafer, whether or not integrated with automation equipment for transferring solar wafers from one process station to the next, and whether or not integrated with equipment for solar cell testing, all the foregoing for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000)
(13) Machines designed for transporting polysilicon material to growth furnaces and machines designed for transporting monocrystalline ingots (boules) and wafers throughout the solar wafer manufacturing process, including machines for loading or unloading solar wafers during the diamond wire slicing process (described in statistical reporting number 8486.40.0030)
(14) Machines designed for lifting, handling, loading, or unloading of solar wafers of a thickness not exceeding 200 micrometers, for use in solar wafer manufacturing (described in statistical reporting number 8486.40.0030)
9. Effective on September 27, 2024, subdivision (s)(i) of note 20 to subchapter III of chapter 99 of the HTSUS is modified by deleting “6307.90.98” and subdivision (s)(ii) of note 20 to subchapter III of chapter 99 of the HTSUS is modified by inserting the following in numerical order: “5. Other made-up articles of textile materials, provided for in subheading 6307.90.98, except for respirators of textiles, described in statistical reporting numbers 6307.90.9842, 6307.90.9844 or 6307.90.9850, and except for face masks of textiles, other than disposable, described in statistical reporting number 6307.90.9875;”.
10. Effective on September 27, 2024, subdivision (s)(i) of note 20 to subchapter III of chapter 99 of the HTSUS is modified by deleting “8507.60.00” and subdivision (s)(ii) of note 20 to subchapter III of chapter 99 of the HTSUS is modified by inserting the following in numerical order: “6. Lithium-ion batteries, provided for in subheading 8507.60.00, except for lithium-ion batteries of a kind used as the primary source of electrical power for electrically powered vehicles of subheadings 8703.40, 8703.50, 8703.60, 8703.70 or 8703.80, described in statistical reporting number 8507.60.0010”.
11. Effective on September 27, 2024, note 20(b) to subchapter III of chapter 99 is modified by deleting the following 8-digit subheading numbers:
(1) 8702.40.31
(2) 8702.40.61
(3) 8702.90.31
(4) 8702.90.61
(5) 8703.60.00
(6) 8703.70.00
(7) 8703.80.00
(8) 8703.90.01
12. Effective on September 27, 2024, note 20(d) to subchapter III of chapter 99 is modified by deleting the following 8-digit subheading numbers:
(1) 8541.42.00
(2) 8541.43.00
13. Effective on September 27, 2024, note 20(s)(i) to subchapter III of chapter 99 is modified by deleting the following 8-digit subheading numbers:
(1) 7206.10.00
(2) 7206.90.00
(3) 7207.11.00
(4) 7207.12.00
(5) 7207.19.00
(6) 7207.20.00
(7) 7208.10.15
(8) 7208.10.30
(9) 7208.10.60
(10) 7208.25.30
(11) 7208.25.60
(12) 7208.26.00
(13) 7208.27.00
(14) 7208.36.00
(15) 7208.37.00
(16) 7208.38.00
(17) 7208.39.00
(18) 7208.40.30
(19) 7208.40.60
(20) 7208.51.00
(21) 7208.52.00
(22) 7208.53.00
(23) 7208.54.00
(24) 7208.90.00
(25) 7209.15.00
(26) 7209.16.00
(27) 7209.17.00
(28) 7209.18.15
(29) 7209.18.25
(30) 7209.18.60
(31) 7209.25.00
(32) 7209.26.00
(33) 7209.27.00
(34) 7209.28.00
(35) 7209.90.00
(36) 7210.11.00
(37) 7210.12.00
(38) 7210.30.00
(39) 7210.41.00
(40) 7210.49.00
(41) 7210.50.00
(42) 7210.61.00
(43) 7210.69.00
(44) 7210.70.30
(45) 7210.70.60
(46) 7210.90.10
(47) 7210.90.60
(48) 7210.90.90
(49) 7211.13.00
(50) 7211.14.00
(51) 7211.19.15
(52) 7211.19.20
(53) 7211.19.30
(54) 7211.19.45
(55) 7211.19.60
(56) 7211.19.75
(57) 7211.23.15
(58) 7211.23.20
(59) 7211.23.30
(60) 7211.23.45
(61) 7211.23.60
(62) 7211.29.20
(63) 7211.29.45
(64) 7211.29.60
(65) 7211.90.00
(66) 7212.10.00
(67) 7212.20.00
(68) 7212.30.10
(69) 7212.30.30
(70) 7212.30.50
(71) 7212.40.10
(72) 7212.40.50
(73) 7212.50.00
(74) 7212.60.00
(75) 7213.10.00
(76) 7213.20.00
(77) 7213.91.30
(78) 7213.91.45
(79) 7213.91.60
(80) 7213.99.00
(81) 7214.20.00
(82) 7214.30.00
(83) 7214.91.00
(84) 7214.99.00
(85) 7215.10.00
(86) 7215.50.00
(87) 7215.90.10
(88) 7215.90.50
(89) 7216.10.00
( printed page 76608)
(90) 7216.21.00
(91) 7216.22.00
(92) 7216.31.00
(93) 7216.32.00
(94) 7216.33.00
(95) 7216.40.00
(96) 7216.50.00
(97) 7216.99.00
(98) 7217.10.10
(99) 7217.10.20
(100) 7217.10.30
(101) 7217.10.50
(102) 7217.10.60
(103) 7217.10.70
(104) 7217.10.80
(105) 7217.10.90
(106) 7217.20.15
(107) 7217.20.30
(108) 7217.20.45
(109) 7217.20.60
(110) 7217.20.75
(111) 7217.30.15
(112) 7217.30.30
(113) 7217.30.60
(114) 7217.30.75
(115) 7217.90.10
(116) 7217.90.50
(117) 7218.10.00
(118) 7218.91.00
(119) 7218.99.00
(120) 7219.11.00
(121) 7219.12.00
(122) 7219.13.00
(123) 7219.14.00
(124) 7219.21.00
(125) 7219.22.00
(126) 7219.23.00
(127) 7219.24.00
(128) 7219.31.00
(129) 7219.32.00
(130) 7219.33.00
(131) 7219.34.00
(132) 7219.35.00
(133) 7219.90.00
(134) 7220.12.10
(135) 7220.12.50
(136) 7220.20.10
(137) 7220.20.60
(138) 7220.20.70
(139) 7220.20.80
(140) 7220.90.00
(141) 7221.00.00
(142) 7222.11.00
(143) 7222.19.00
(144) 7222.20.00
(145) 7222.30.00
(146) 7222.40.30
(147) 7222.40.60
(148) 7223.00.10
(149) 7223.00.50
(150) 7223.00.90
(151) 7224.10.00
(152) 7224.90.00
(153) 7225.11.00
(154) 7225.19.00
(155) 7225.30.11
(156) 7225.30.30
(157) 7225.30.51
(158) 7225.30.70
(159) 7225.40.11
(160) 7225.40.30
(161) 7225.40.51
(162) 7225.40.70
(163) 7225.50.11
(164) 7225.50.60
(165) 7225.50.70
(166) 7225.50.80
(167) 7225.91.00
(168) 7225.92.00
(169) 7225.99.00
(170) 7226.11.10
(171) 7226.11.90
(172) 7226.19.10
(173) 7226.19.90
(174) 7226.20.00
(175) 7226.91.05
(176) 7226.91.15
(177) 7226.91.25
(178) 7226.91.50
(179) 7226.91.70
(180) 7226.91.80
(181) 7226.92.10
(182) 7226.92.30
(183) 7226.92.50
(184) 7226.92.70
(185) 7226.92.80
(186) 7226.99.01
(187) 7227.10.00
(188) 7227.20.00
(189) 7227.90.10
(190) 7227.90.20
(191) 7227.90.60
(192) 7228.20.10
(193) 7228.20.50
(194) 7228.30.40
(195) 7228.30.60
(196) 7228.30.80
(197) 7228.40.00
(198) 7228.50.10
(199) 7228.50.50
(200) 7228.60.10
(201) 7228.60.60
(202) 7228.60.80
(203) 7228.70.30
(204) 7228.70.60
(205) 7229.20.00
(206) 7229.90.10
(207) 7229.90.50
(208) 7229.90.90
(209) 7301.10.00
(210) 7302.10.10
(211) 7302.10.50
(212) 7302.90.10
(213) 7302.90.90
(214) 7304.11.00
(215) 7304.19.10
(216) 7304.19.50
(217) 7304.22.00
(218) 7304.23.60
(219) 7304.24.30
(220) 7304.24.40
(221) 7304.24.60
(222) 7304.29.10
(223) 7304.29.20
(224) 7304.29.31
(225) 7304.29.41
(226) 7304.29.50
(227) 7304.29.61
(228) 7304.31.30
(229) 7304.31.60
(230) 7304.39.00
(231) 7304.49.00
(232) 7304.51.10
(233) 7304.51.50
(234) 7304.59.10
(235) 7304.59.20
(236) 7304.59.60
(237) 7304.59.80
(238) 7304.90.10
(239) 7304.90.70
(240) 7305.11.10
(241) 7305.11.50
(242) 7305.12.10
(243) 7305.12.50
(244) 7305.19.10
(245) 7305.19.50
(246) 7305.20.20
(247) 7305.20.40
(248) 7305.20.60
(249) 7305.20.80
(250) 7305.31.20
(251) 7305.31.40
(252) 7305.31.60
(253) 7305.39.10
(254) 7305.39.50
(255) 7305.90.10
(256) 7305.90.50
(257) 7306.11.00
(258) 7306.19.10
(259) 7306.19.51
(260) 7306.21.30
(261) 7306.21.40
(262) 7306.21.80
(263) 7306.29.10
(264) 7306.29.20
(265) 7306.29.31
(266) 7306.29.41
(267) 7306.29.60
(268) 7306.29.81
(269) 7306.30.10
(270) 7306.30.30
(271) 7306.30.50
(272) 7306.40.10
(273) 7306.40.50
(274) 7306.50.10
(275) 7306.50.30
(276) 7306.50.50
(277) 7306.61.10
(278) 7306.61.30
(279) 7306.61.50
(280) 7306.61.70
(281) 7306.69.10
(282) 7306.69.30
(283) 7306.69.70
(284) 7306.90.10
(285) 7306.90.50
(286) 7601.10.30
(287) 7601.10.60
(288) 7601.20.30
(289) 7601.20.60
(290) 7601.20.90
(291) 7604.10.10
(292) 7604.10.30
(293) 7604.10.50
(294) 7604.21.00
(295) 7604.29.10
(296) 7604.29.30
( printed page 76609)
(297) 7604.29.50
(298) 7605.11.00
(299) 7605.19.00
(300) 7605.21.00
(301) 7605.29.00
(302) 7606.11.30
(303) 7606.11.60
(304) 7606.12.30
(305) 7606.12.60
(306) 7606.91.30
(307) 7606.91.60
(308) 7606.92.30
(309) 7606.92.60
(310) 7607.11.30
(311) 7607.11.60
(312) 7607.11.90
(313) 7607.19.60
(314) 7607.20.10
(315) 7608.10.00
(316) 7608.20.00
(317) 7609.00.00
(318) 8507.90.40
14. Effective on September 27, 2024, note 20(s)(ii)(4) to subchapter III of chapter 99 is modified by deleting “9401.71.00031” and by inserting “9401.71.0031” in lieu thereof.
15. Effective on September 27, 2024, note 20(u)(i) to subchapter III of chapter 99 is modified by deleting the following 8-digit subheading numbers:
(1) 7210.20.00
(2) 7215.90.30
(3) 7302.40.00
(4) 7304.23.30
16. Effective on January 1, 2025, note 20(b) to subchapter III of chapter 99 is modified by deleting the following 8-digit subheading numbers:
(1) 8541.21.00
(2) 8541.29.00
(3) 8541.30.00
(4) 8541.49.70
(5) 8541.49.80
(6) 8541.49.95
(7) 8541.51.00
(8) 8541.59.00
(9) 8541.90.00
17. Effective on January 1, 2025, note 20(d) to subchapter III of chapter 99 is modified by deleting the following 8-digit subheading numbers:
(1) 8541.10.00
(2) 8541.49.10
(3) 8542.31.00
(4) 8542.32.00
(5) 8542.33.00
(6) 8542.39.00
(7) 8542.90.00
18. Effective on January 1, 2025, note 20(s)(i) to subchapter III of chapter 99 is modified by deleting “4015.12.10”.
19. Effective on January 1, 2025, subparagraph 5 of subdivision (s)(ii) of note 20 to subchapter III of chapter 99 of the HTSUS is modified by deleting “and except for face masks of textiles, other than disposable, described in statistical reporting number 6307.90.9875” and by inserting “and except for face masks of textiles, described in statistical reporting numbers 6307.90.9870 or 6307.90.9875” in lieu thereof.
20. Effective on January 1, 2026, subdivision (s)(ii) of note 20 to subchapter III of chapter 99 of the HTSUS is modified by deleting subparagraph number 6 and its associated tariff language. Subparagraph number 5 of such subdivision is modified by deleting the semicolon at the end of the subparagraph and inserting a period in lieu thereof.
21. Effective on January 1, 2026, subdivision (b) of note 31 to subchapter III of chapter 99 of the HTSUS is modified by deleting subparagraph numbers 1, 2, 3, and 4, and their associated tariff language.
22. Effective on January 1, 2026, subdivision (f) of note 31 to subchapter III of chapter 99 of the HTSUS is modified by deleting “(1) 4015.12.10”.
23. Effective on January 1, 2024:
(1) subdivisions (c) and (d) of note 20 to subchapter III of chapter 99 are each modified: (a) by deleting “or (11)” and by inserting “(11)” in lieu thereof; and (b) by inserting “or (12) heading 9903.88.70 and U.S. note 20(www) to subchapter III of chapter 99” after “U.S. note 20(vvv)(ii) to subchapter III of chapter 99”; and
(2) the article description of heading 9903.88.02 is modified by deleting “or 9903.88.69,” and by inserting in lieu thereof “9903.88.69, or 9903.88.70,” in lieu thereof.
Annex D—Importer Certification
I hereby certify that:
(A) My name is [IMPORTER OF RECORD OFFICIAL'S NAME] and I am an official of [NAME OF IMPORTER OF RECORD], located at [ADDRESS OF IMPORTER OF RECORD].
(B) I hereby certify that the ship-to-shore crane(s) that was entered into the Customs territory of the United States under the entry summary number(s) identified below are fulfilling in whole or in part a contract for sale, purchase, or delivery in the United States of such ship-to-shore crane(s) that was in effect and dated as executed prior to May 14, 2024, that specifies that the ship-to-shore crane(s) is to be imported to or delivered within the United States before May 14, 2026, and that has not been modified on or later than May 14, 2024, with regard to delivery date.
(C) This certification applies to the following entries (repeat this block as many times as necessary):
Entry Number:
Applicable Line Item Number of the Entry (Declared Under 9903.91.09, HTSUS):
(D) I understand that [NAME OF IMPORTER OF RECORD] is required to provide U.S. Customs and Border Protection (CBP) with this certification at the time the entry summary is filed and that any additional supporting documentation must be provided upon request by CBP.
Signature
[NAME OF COMPANY OFFICIAL]
[TITLE OF COMPANY OFFICIAL]
Date
Annex E—Subheadings Eligible for Machinery Exclusion Process
HTSUS subheading
Product description
8417.10.00
Furnaces and ovens for the roasting, melting or other heat treatment of ores, pyrites or of metals.
8417.80.00
Industrial or laboratory furnaces and ovens nesoi (not elsewhere specified or included), including incinerators, nonelectric.
8418.69.01
Refrigerating or freezing equipment nesoi.
8419.33.10
Lyophilization apparatus; freeze drying units; spray dryers, for agricultural products.
8419.33.50
Lyophilization apparatus; freeze drying units; spray dryers, other than for agricultural products, nesoi.
8419.34.00
Other dryers for agricultural products (other than lyophilization apparatus; freeze drying units; spray dryers).
8419.35.10
Dryers for wood.
8419.35.50
Dryers for paper pulp, paper or paperboard.
8419.39.02
Other dryers other than of a kind used for domestic purposes, nesoi (other than lyophilization apparatus; freeze drying units; spray dryers).
8419.40.00
Distilling or rectifying plant, not used for domestic purposes.
8419.50.10
Brazed aluminum plate-fin heat exchangers.
8419.50.50
Heat exchange units, nesoi.
8419.60.10
Machinery for liquefying air or gas containing brazed aluminum plate-fin heat exchangers.
8419.60.50
Machinery for liquefying air or gas, nesoi.
( printed page 76610)
8419.89.10
Machinery and equipment for the treatment of materials (by a process which changes temperatures), for making paper pulp, paper or paperboard.
8419.89.60
Industrial machinery, plant or equip. for the treat. of mat., involving a change in temp., for molten-salt-cooled acrylic acid reactors.
8419.89.95
Industrial machinery, plant or equipment for the treatment of materials, by process involving a change in temperature, nesoi.
8420.10.10
Textile calendering or rolling machines.
8420.10.20
Calendering or similar rolling machines for making paper pulp, paper or paperboard.
8420.10.90
Calendering or other rolling machines, other than for metals or glass, nesoi.
8420.91.10
Cylinders for textile calendering or rolling machines.
8420.91.20
Cylinders for paper pulp, paper or paperboard calendering or rolling machines.
8420.91.90
Cylinders for calendering and similar rolling machines, nesoi.
8421.21.00
Machinery and apparatus for filtering or purifying water.
8421.29.00
Filtering or purifying machinery and apparatus for liquids, nesoi.
8421.39.01
Filtering or purifying machinery and apparatus for gases, other than intake air filters or catalytic conv. for internal combustion engines.
8422.19.00
Dishwashing machines other than of the household type.
8422.20.00
Machinery for cleaning or drying bottles or other containers.
8422.30.11
Can-sealing machines.
8422.30.91
Machinery for filling, closing, sealing, capsuling or labeling bottles, cans, boxes or other containers; machinery for aerating beverages; nesoi.
8422.40.11
Machinery for packing or wrapping pipe tobacco, candy and cigarette packages; combination candy cutting and wrapping machines.
8422.40.91
Packing or wrapping machinery, nesoi.
8428.70.00
Industrial robots.
8429.11.00
Self-propelled bulldozers and angledozers, for track laying.
8429.19.00
Self-propelled bulldozers and angledozers other than track laying.
Use this for formal legal and research references to the published document.
89 FR 76581
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Notice of Modification: China's Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation,” thefederalregister.org (September 18, 2024), https://thefederalregister.org/documents/2024-21217/notice-of-modification-china-s-acts-policies-and-practices-related-to-technology-transfer-intellectual-property-and-inno.