Addressing China's Laws, Policies, Practices, and Actions Related to Intellectual Property, Innovation, and Technology

This memorandum directs the U.S. Trade Representative to determine whether to launch an investigation under Section 302(b) of the Trade Act of 1974 into China's laws, policies, and practices related to intellectual property, innovation, and technology transfer. The document frames these Chinese policies as threats to American economic interests, innovation, and jobs, but does not itself impose any tariffs or trade actions—it only initiates a decision-making process about a potential investigation.

Federal Register Open PDF 82 FR 39007

Timeline

Immediate

USTR must determine whether to investigate China's IP and technology transfer practices

Near term (90d)

Potential initiation of Section 302(b) investigation if USTR determines to proceed

Long term

Possible trade remedies or negotiations depending on investigation findings
Potential restructuring of U.S.-China technology transfer relationships

Risks & tensions

No explicit deadline provided for USTR determination—timing is discretionary

Document stops short of mandating investigation, creating uncertainty about follow-through

Framing of technology transfer issues may escalate U.S.-China trade tensions

Subsequent administration actions (Section 301 investigation announced August 2017) went beyond this memorandum's scope