By: Arthur Bodek

Further to its recent notice, the USTR announced on September 19, 2024 that it is seeking comments on whether to increase China 301 tariffs to 25% for 3 subheadings covering certain tungsten products and 50% for 2 subheadings covering wafers and polysilicon. Further background can be found here.

The specific items are as follows:

Tungsten

• 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).
• 8101.99.80 (Tungsten, articles nesoi).

Wafers / Polysilicon

• 2804.61.00 (Silicon containing by weight not less than 99.99 percent of silicon).
• 3818.00.00 (Chemical elements doped for use in electronics, in the form of discs, wafers etc., chemical compounds doped for electronic use).

A portal for public comments will be open from September 23 – October 22, 2024. The USTR specifically invites comments on

• The extent to which the proposed modification would enhance the effectiveness of the tariff actions in obtaining the elimination of or in counteracting China’s acts, policies, and practices related to technology transfer, intellectual property and innovation; and
• The likely effects of the proposed modification on the U.S. economy, including consumers.

Please do not hesitate to contact any of our attorneys if we can assistance in the preparation of such comments or to further discuss the overall impact of the China 301 action on your company’s operations.