The Office of the U.S. Trade Representative (USTR) on Dec. 23 issued a notice in which it has determined China’s acts, policies, and practices are actionable under Section 301 of the Trade Act of 1974 and an appropriate response includes taking tariff action now on semiconductors from China, with an initial tariff level of 0%, increasing in 18 months on June 23, 2027, to a rate to be announced not fewer than 30 days prior to that date.
These new Section 301 tariffs would be additional to the existing 50% Section 301 tariff on semiconductors from China imposed pursuant to the Section 301 investigation related to forced technology transfer. USTR said it will continue to monitor the efficacy of this action, the progress made toward resolution of this matter, and the need for any additional action.
This action applies to the following 8-digit subheadings:
Tariff Code and HS Description
28046100 – Silicon containing by weight not less than 99.99 percent of silicon
38180000 – Chemical elements doped for use in electronics, in the form of discs,
wafers etc., chemical compounds doped for electronic use
85411000 – Diodes, other than photosensitive or light-emitting diodes
85412100 – Transistors, other than photosensitive transistors, with a dissipation rating
of less than 1 W
85412900 – Transistors, other than photosensitive transistors, with a dissipation rating
of 1 W or more
85413000 – Thyristors, diacs and triacs, other than photosensitive devices
85414910 – Other photosensitive semiconductor diodes, other than light-emitting
85414970 – Photosensitive transistors
85414980 – Photosensitive semiconductor devices nesoi, optical coupled isolators
85414995 – Other photosensitive semiconductor devices, other than diodes or
transistors, nesoi
85415100 – Other semiconductor-based transducers, other than photosensitive
transducers
85415900 – Other semiconductor devices, other than semiconductor-based
transducers, other than photosensitive devices, nesoi
85419000 – Parts of diodes, transistors, similar semiconductor devices, photosensitive
semiconductor devices, LED's and mounted piezoelectric crystals
85423100 – Electronic integrated circuits: processors and controllers
85423200 – Electronic integrated circuits: memories
85423300 – Electronic integrated circuits: amplifiers
85423900 – Electronic integrated circuits: other
85429000 – Parts of electronic integrated circuits and microassemblies
To implement the USTR’s determination, subchapter III of chapter 99 of the HTSUS is modified by the Annex of this notice, effective Dec. 23, 2025.
Products of China that are provided for in HTSUS heading 9903.91.05 and described in subdivision (f)(ii) of note 31 to subchapter III of chapter 99 of the HTSUS, as established by the Annex of this notice, shall continue to be subject to antidumping, countervailing, or other duties, fees, exactions and charges that apply to such products. Any product covered by the Annex to this notice, except any product that is eligible for admission under ‘domestic status’ as defined in 19 CFR 146.43, which is subject to the additional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after the effective date of the additional duties only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41. 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
