The EU’s New Tariffs on Chinese Electric Vehicles

The European Commission recently announced the imposition of additional duties on imported Chinese electric vehicles (EVs), with rates reaching up to 38.1%. This move, set to take effect in July, aims to counteract what the EU perceives as excessive subsidies granted to Chinese manufacturers. However, this decision may provoke significant retaliatory measures from Beijing.

Background and Context

The EU’s decision follows a pattern seen in recent trade dynamics between the US and China. Less than a month ago, Washington announced plans to quadruple duties on Chinese EVs to 100%. The new tariffs, ranging from 17.4% to 38.1% on top of the standard 10% car duty, reflect a strong stance against what the EU views as unfair trade practices.

This policy shift marks a significant change in the EU’s trade approach, especially given the importance of the automotive industry. The EU has historically used trade defenses against China, but the focus on such a critical sector indicates a more aggressive strategy.

Impact on the Market

The new tariffs translate into billions of euros in extra costs for Chinese carmakers, a burden they will bear during a period of slowing demand and falling prices in their domestic market. European automakers, already facing competitive pressure from more affordable Chinese EVs, might find some relief. Chinese EVs currently hold about 8% of the EU market share, a figure projected to rise to 15% by 2025, largely due to their lower prices compared to EU-made models.

Despite the new tariffs, some experts believe that the impact on Chinese manufacturers will be limited. Industry representatives have indicated that the tariffs, averaging around 20%, were anticipated and won’t significantly affect the majority of Chinese firms.

Potential Retaliation from China

The announcement has not gone unnoticed by Beijing. The Chinese government has already expressed its intent to safeguard its interests, viewing the EU’s measures as protectionist. This tension echoes previous trade disputes, where both sides imposed tit-for-tat tariffs, affecting various industries.

China has also started an anti-dumping investigation into European imports, signaling potential broader retaliatory actions. This development raises concerns among European industries heavily reliant on exports to China, such as the automotive and spirits sectors.

Strategic Considerations for Stakeholders

For Western companies that export vehicles from China to Europe, the EU’s decision presents new challenges. These companies have been deemed cooperative by the EU and may face lower tariff rates, but the overall uncertainty could disrupt their supply chains and market strategies.

The European automotive industry is divided on the issue. While some welcome the protection against cheap imports, others warn that tariffs could harm the industry by increasing costs and limiting market access. There is a consensus that the negative effects of tariffs could outweigh the benefits, especially for industries with significant exports to China.

Future Outlook

The EU’s provisional duties are set to apply from July 4, with the investigation continuing until November. The outcome could lead to definitive duties lasting up to five years. The potential for retroactive tariffs further complicates the situation.

As the international trade landscape evolves, stakeholders must stay informed and agile. Companies may need to adjust their sourcing strategies, explore new markets, or invest in local production to mitigate the impact of these tariffs. Additionally, ongoing diplomatic negotiations and trade discussions will likely shape the future of EU-China economic relations.

In conclusion, the EU’s decision to impose additional tariffs on Chinese EVs represents a significant shift in trade policy, reflecting broader geopolitical tensions and economic strategies. Businesses involved in the automotive sector, as well as those in related industries, should closely monitor developments and prepare for potential changes in the global trade environment.



Section 301 Exclusions Set to Expire

In 2018, the U.S. Trade Representative (USTR) invoked Section 301 of the Trade Act of 1974 to address China’s unfair trade practices related to technology transfer, intellectual property, and innovation. This led to a series of tariff increases on two-thirds of U.S. imports from China. To mitigate potential harm, the USTR introduced a policy allowing stakeholders to request “tariff exclusions.” While this process has been met with both support and skepticism, it remains a crucial aspect of U.S.-China trade relations.

Challenges and Concerns

Despite the USTR’s efforts to address concerns about the negative impact of tariffs, challenges persist. Some Members of Congress question the USTR’s discretion in granting or denying exclusion requests, raising doubts about the effectiveness of this approach. These concerns became particularly pronounced in the wake of the COVID-19 pandemic, which disrupted supply chains and heightened the need for certain products. However, others argue against exclusions, fearing that they may undermine the overall efficacy of Section 301 or hinder efforts to encourage domestic manufacturing of critical goods.

Biden Administration’s Approach

The Biden Administration, continuing the review of its trade strategy for China, has not aimed at broader tariff relief. Instead, actions in 2021 and 2022 focused on extending exclusions related to medical supplies essential in combating the pandemic.

Background and Exclusion Process

The USTR’s Section 301 investigation identified four key areas justifying U.S. action against China. In response to stakeholder concerns during the tariff increase proposals, the USTR established a tariff exclusion process, allowing interested parties to request exemptions for specific imports. The criteria for granting exclusions include considerations such as product availability from non-Chinese sources, economic harm to importers or U.S. interests, and strategic importance to Chinese industrial programs.

As of January 2020, the USTR received 52,746 exclusion requests, with a 13% approval rate. Exclusions covered 99 tariff subheadings and 2,129 product descriptions, providing relief for certain importers.

COVID-19 and Medical-Care Products

The USTR’s response to the COVID-19 pandemic saw a prioritization of exclusion requests for medical products in short supply. Exclusions on COVID-19 response products have been extended multiple times, demonstrating a commitment to addressing urgent needs.

Reinstating Previous Tariff Exclusions

In October 2021, the USTR sought comments on reinstating 549 expired or expiring exclusions. In March 2022, it announced the reinstatement of 352 eligible exclusions, subsequently extending them through September 2023. Importers may file claims for tariff refunds for products covered by these exclusions.

Four-Year Review Process

The USTR initiated a four-year review in May 2022, considering the effectiveness and impact of Section 301 actions. The agency expected to conclude the review in the fall of 2023, maintaining actions in place while leaving room for potential modifications. Two extensions were granted during that time, but USTR Tai is expected to make recommendations whether to renew again or allow them to expire. 

Issues for Congress

Congress and the USTR face the task of addressing issues surrounding Section 301, with some members proposing amendments to Title III of the Trade Act of 1974. The ongoing dialogue involves discussions on recalibrating tariffs, aligning them with strategic priorities, or maintaining them for negotiation leverage.

The exclusions are set to expire 12/31/2023 and if another extension isn’t passed, the tariffs will return 1/1/2024.

Importers navigating the complex landscape of Section 301 tariff exclusions should partner with a trusted logistics expert. Future Forwarding, with our commitment to staying current on the latest policies and our team of expert staff, is well-equipped to guide businesses through the evolving policies and processes. As uncertainties loom over potential tariff changes in 2024, having a strategic logistics partner becomes essential for informed decision-making and proactive risk management. Reach out to us today to find out more.

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