Microchip Technology halted all Huawei shipments in mid-September in compliance with the further Commerce Department export restrictions on the Chinese tech giant that were imposed in August (see 2008170043), said President-Chief Operating Officer Ganesh Moorthy on a Thursday investor call for fiscal Q2, ended Sept. 30. Huawei generated about 2% of Microchip’s Q2 revenue, down sequentially from Q1, said Moorthy, who will succeed Steve Sanghi as CEO March 1 as Sanghi transitions to executive chairman. Microchip is working with Commerce “to apply for licenses for products and technologies that we believe have no impact” on U.S. national security, he said. “We do not know if or when such licenses may be granted,” so Microchip assumes no Huawei revenue in the fiscal third quarter ending Dec. 31, he said. Huawei's push to complete manufacturing of all products before the shipment ban took effect caused wide-scale supply chain "constraints" during the September quarter, he said. The rush of Huawei’s competitors to replace the business Huawei lost “further stressed the supply chain,” he said. The “ongoing shift” of semiconductor manufacturing out of China to avoid the Section 301 tariffs also pressured “the capacity in other Asian countries where we manufacture through our partners,” he said. The supply chain disruptions "are continuing into the December quarter,” he said.
Section 301 Tariffs
Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.
The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump Administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump Administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions—particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.
The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
China as a policy won't comment on Tuesday's U.S. election because it's an "internal affair," said a Foreign Affairs Ministry spokesperson Friday when asked about remarks by a Joe Biden aide that the Democratic nominee, if elected president, would consult with allies on what to do about the Section 301 tariffs on Chinese imports. “China's policy on the United States remains highly stable and consistent,” said the spokesperson. “We are committed to developing a China-U.S. relationship featuring non-conflict, non-confrontation, mutual respect and win-win cooperation.” Biden would seek “collective leverage” against China by bonding with allies to curb Beijing's allegedly unfair trade practices, campaign foreign policy adviser Jeffrey Prescott told Reuters Wednesday. Biden won’t “lock into any premature position before we see exactly what we’re inheriting,” said Prescott when asked if Biden would lift the tariffs unilaterally if elected.
The Coalition for Prosperous America, supporting Trade Act Section 301 tariffs on China, complained Tuesday about the "cadre of legal firms" suing the Trump administration over tariffs on goods from Lists 3 and 4A (see 2009220027). "The equivalent of tariff ambulance chasers" recruited the companies to file the lawsuits, blogged Kenneth Rapoza. The analyst mentioned Sandler Travis, which said in a recent client notice there's still time to file similar challenges, and noted the role of Sandler Travis lawyer Lenny Feldman as co-chair of the Customs and Border Protection's Commercial Customs Operations Advisory Committee. The blog post highlighted Akin Gump, which filed the first lawsuit, for being the largest lobbying operation in Washington and representing ZTE. The law firms didn't comment Wednesday.
More than a dozen classifications of tech goods from China eligible for "preferential" tariff treatment under the U.S.-Mexico-Canada Agreement on free trade remain subject to applicable Trade Act Section 301 tariffs, Customs and Border Protection ruled. It's dated last Friday and was released by CBP this week. "The country of origin of the subject goods for purposes of Section 301 is China and therefore, subject to the Section 301 duties," said CBP. The goods include hard drives, modems, switchers, routers and power supplies.
The Office of the U.S. Trade Representative notified Sonos it got extension through Dec. 31 of the exclusion from the List 4A Section 301 tariffs on speaker imports from China, said the company in a Thursday SEC filing. The exclusion extension eliminates the 7.5% tariffs until year-end. Sonos sources the speakers under the Harmonized Tariff Schedule's 8517.62.0090 subheading for a wide swath of Bluetooth goods, one of 87 categories granted USTR extensions Aug. 31 (see 2008310033). Sonos, whose exclusion was granted in March (see 2005110034), has begun the process of seeking refunds for the $30 million in tariffs paid through July, said Chief Financial Officer Brittany last month (see 2008060030). The company is continuing plans to diversify its supply chain into Malaysia, Bagley said on the August call. Sonos turned to Malaysia to reduce exposure to the tariffs on Chinese-sourced wireless mesh networking audio components. The company planned to have “significant” U.S.-bound production from Malaysia ramped up by Dec. 31, but due to COVID-19-related government restrictions on manufacturing in Malaysia, reaching scale will take until mid-2021, Bagley said.
The Office of the U.S. Trade Representative seeks comment by Aug. 20 whether to extend for another year new List 4A Section 301 tariff exclusions on Chinese imports that are set to expire Sept. 1. Each exclusion will be evaluated independently, said the agency Monday. The focus will be whether, despite the first imposition of the additional duties, the particular product remains available only from China.
A “key thing” about the Trade Act Section 301 tariff exclusions on Chinese goods that have been granted or extended is that most end Dec. 31, Nicole Bivens Collinson, Sandler Travis president-international trade and government relations, told a Sports & Fitness Industry Association webinar Thursday. If President Donald Trump is reelected, she believes his administration “will view that as a mandate” for eradicating tariff exclusions permanently. As an importer, “I would be looking at January as having tariffs in place without any exclusions,” she said. If U.S.-China relations further deteriorate, Collinson fears the 7.5% List 4A tariffs will increase to 25%, she said. “We also have a List 4B that has no tariffs on them right now. That could change as well." The Office of the U.S. Trade Representative didn’t comment.
The $38 million in Trade Act Section 301 tariff costs iRobot incurred in 2019 inflicted a hit of 3 percentage points on its gross margin for the year, said CEO Colin Angle. IRobot assumes the List 3 tariff exclusion that landed last month on the robotic vacuum cleaners it sources from China will expire at the end of 2020, he said. U.S. Trade Representative Robert Lighthizer “made it quite explicit” in congressional testimony last month that any granted List 3 exemptions “would expire at the end of the year,” said Angle Wednesday after quarterly results. The company’s “cash position” improved when it recently started receiving “cash payments associated with our tariff refunds” from the Trump administration, said Chief Financial Officer Julie Zeiler. “We anticipate receiving the $57 million in tariff-related refunds owed to us over the next 12 months.” IRobot is “continuing to push with all energy to drive the diversification of our manufacturing base,” said Angle. Delay in shifting production to Malaysia and bringing it to scale “has been one of the impacts of COVID-19,” he said. “There’s travel bans in place” that inhibit “sending people into Malaysia, which has created a delay,” he said. The company is trying to get that work “back on track,” he said. “We do believe that by the end of 2021, we’ll be in a situation where we are effectively geographically diversified and U.S.-China trade policy does not substantially affect our business anymore.” Europe is the region most reliant on brick-and-mortar, and stores were shuttered for much of the quarter, he said. Europe’s e-commerce infrastructure also is less “mature” and the system buckled under the weight of demand for essential products during the pandemic, he said. E-commerce revenue grew about 50% in Q2 from the year-ago quarter and was more than 70% of total quarterly revenue, said Angle. IRobot stock closed $79.35, down 7.49%.
Bipartisan legislation would direct the Office of the U.S. Trade Representative to extend expiring exclusions on Trade Act Section 301 tariffs on Chinese goods for at least a year. Thursday's bill, sponsored by Rep. Jackie Walorski, an Indiana Republican on the Ways and Means Committee, and House Agriculture Committee Chairman Collin Peterson, D-Minn., would give USTR some discretion. It would exempt the agency from the extension requirement on any product deemed to be important to the Made in China 2025 industrial program or if extending the exclusions would cause “severe harm” to the U.S. USTR would have 15 days from enactment to give Ways and Means and the Senate Finance Committee "detailed justification" for any exemption. The practice has been to extend expiring tariff exclusions through a series of notice and comment rulemakings (see 2007150051). USTR didn’t comment Friday.
U.S. trading partners “must abide by global trade rules so that American businesses can compete on a level playing field,” Americans for Free Trade, a coalition of 160 trade associations, wrote Senate Finance and House Ways and Means committee leaders Wednesday. “We disagree with the continued and indiscriminate use of tariffs to achieve those goals.” Four rounds of Trade Act Section 301 tariffs on Chinese imports are causing “unnecessary harm" while "creating little leverage to achieve further concessions,” it said. The Trump administration vows to keep the tariffs until a phase 2 trade agreement with China, but that “seems less likely with each passing day,” said the coalition. The tariffs “have sown uncertainty in the world’s economy and mistrust with trading partners and have hindered, not helped, the U.S. response to the COVID-19 outbreak,” it said. Congress should also “demand” that the Office of the U.S. Trade Representative “improve” the tariff exclusions process and raise the portion of exemptions “so that it provides meaningful relief.” Of nearly 53,000 exclusion requests U.S. importers filed for relief from the tariffs, 75.4% were denied (see 2006220047). USTR didn’t comment Thursday.