What Changed
Effective September 27, 2024Effective September 27, 2024, USTR implemented the 2024 Section 301 statutory review increases. Electric vehicles from China were raised from 25% to 100%. Solar cells and modules were raised from 25% to 50%. Steel and aluminum downstream articles from China were raised from 7.5% to 25%. These 2024 increase rates REPLACE the base list rates — they do not stack on top of them.
Rate Changes
| Item | Before | After |
|---|---|---|
| Chinese EVs (HTS 8703) | 25% S301 | 100% S301 |
| Chinese solar cells/modules (HTS 8541) | 25% S301 | 50% S301 |
| Chinese steel downstream articles | 7.5% S301 | 25% S301 |
Who's Affected
US importers of Chinese EVs, solar panels, steel downstream articles, and related products. The EV tariff effectively bars most Chinese EVs from the US market at 100%. Solar manufacturers using Chinese cells face 50% tariffs on those inputs.
Analysis
Section 301 China Tariffs: EVs to 100%, Solar to 50% (effective 2024-09-27). Effective September 27, 2024, USTR implemented the 2024 Section 301 statutory review increases. Section 301 of the Trade Act of 1974 authorizes the USTR to investigate and respond to unfair trade practices by foreign governments, including subsidies and discriminatory policies that harm US commerce. The ongoing Section 301 action against China was initiated in 2018 and covers tens of billions of dollars in Chinese imports across four product lists. A four-year statutory review conducted in 2024 resulted in targeted increases on strategic sectors — electric vehicles, solar cells, batteries, semiconductors, and critical minerals — reflecting bipartisan consensus on the need to protect US competitiveness in clean energy and technology. Section 301 tariffs stack on top of the base MFN rate and, for certain products, on top of the Section 122 surcharge as well, creating compound tariff rates that can exceed 100% for some Chinese goods. The 2024 review confirmed that existing tariffs on Chinese goods will remain in force, providing businesses with certainty that Section 301 rates are not a temporary measure. USTR's approach of using "replacement rates" — where the 2024 increases replace the base list rates rather than stacking on top of them — is critical to understand when calculating effective tariff costs. For example, Chinese EVs face a 100% Section 301 rate that replaces the prior 25% rate; they do not face 125%.
Impact & Next Steps
Importers of Chinese goods should verify the specific List (1, 2, 3, or 4A) that applies to their HTS codes, as rates vary by list. The 2024 review replacement rates (EVs at 100%, solar at 50%) apply as final rates, not as additions to prior rates. Country-of-origin rules apply: products substantially transformed in China are subject to S301 even if shipped from a third country. Consider supply chain diversification for strategic categories to reduce S301 exposure.