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MemoMemorandumTrump 45 · R

Presidential Memorandum

Actions by the United States Related to the Section 301 Investigation of China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation

This memorandum directs the U.S. Trade Representative to impose tariffs on Chinese goods under Section 301 findings that China engages in forced technology transfer, discriminatory licensing restrictions, state-directed acquisition of U.S. technology companies, and cyber-enabled theft of intellectual property. It also mandates WTO dispute settlement action and Treasury-led investment restrictions targeting Chinese acquisitions in sensitive U.S. industries, with reporting deadlines within 15 and 60 days.

Federal Register Open PDF 83 FR 13099

Impact dates

  1. USTR to report on WTO dispute settlement progress

  2. Treasury Secretary to report on investment restriction proposals

  3. USTR to publish proposed tariff list and intended tariff increases

Key directives

  • USTR shall publish proposed list of products and intended tariff increases within 15 days
  • USTR shall publish final list and implement tariffs after notice and comment
  • USTR shall pursue WTO dispute settlement on China's discriminatory licensing practices
  • Treasury Secretary shall propose executive branch action on Chinese investment restrictions using available statutory authority

Who is ordered

Timeline

Immediate

  • USTR to publish proposed tariff list within 15 days (by April 6, 2018)
  • USTR to consider tariff increases under Section 301

Near term (90d)

  • USTR to report on WTO dispute settlement progress within 60 days (by May 21, 2018)
  • Treasury Secretary to report on investment restriction proposals within 60 days (by May 21, 2018)
  • Final tariff list publication and implementation after notice and comment period

Long term

  • Potential sustained tariffs on Chinese goods
  • WTO dispute settlement proceedings
  • Ongoing investment restrictions on Chinese acquisitions in sensitive technologies
  • Structural shift in U.S.-China trade and technology relations

Risks & tensions

  • Retaliatory tariffs from China likely to harm U.S. agricultural and manufacturing exporters
  • Potential WTO compliance challenges to unilateral Section 301 tariffs
  • CFIUS and statutory authority ambiguity for Treasury investment restrictions—'any available statutory authority' suggests possible need for new legislation
  • Interagency coordination challenges between USTR, Treasury, and national security officials
  • Cyber theft findings may escalate beyond trade into broader bilateral confrontation
Presidential Memorandum: Actions by the United States Related to the Section 301 Investigation of China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation · Executive Orders