U.S. Imposes Forced Labor-Related Section 301 Tariffs; Lithium-Ion Batteries and Key Raw Materials Exempt

The U.S. government will impose additional Section 301 tariffs on 60 economies, including South Korea, citing their failure to sufficiently adopt and enforce import bans on goods produced with forced labor. For non-exempt Korean products, additional tariffs will be imposed so that the combined rate of the existing most-favored-nation (MFN) tariff and the Section 301 tariff reaches 12.5%. The measure will take effect on July 24, U.S. Eastern Time.

However, batteries and a broad range of key battery raw materials are included in the exemption list. According to the final product list released by the Office of the United States Trade Representative (USTR), lithium-ion batteries under HTSUS 8507.60.00 will not be subject to the additional Section 301 tariffs. Among lithium raw materials, lithium carbonate under 2836.91.00 and lithium oxides and hydroxides under 2825.20.00 are also exempt.

Major nickel and cobalt raw materials used in the battery supply chain are also included in the exemption list. Exempt nickel products include ores and concentrates under 2604.00.00, mattes under 7501.10.00, oxides and hydroxides under 2825.40.00, nickel sulphate under 2833.24.00, and unwrought non-alloyed and alloyed nickel under 7502.10.00 and 7502.20.00. Exempt cobalt products include ores and concentrates under 2605.00.00, oxides and hydroxides under 2822.00.00, cobalt sulphate under 2833.29.10, cobalt carbonate under 2836.99.10, as well as cobalt mattes, intermediate products, powders, and unwrought metal.