Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

The European Commission and the US announced on 24 April 2026 the signing of a Memorandum of Understanding (MoU) on a strategic partnership on critical minerals, accompanied by an EU-US Critical Minerals Action Plan. The framework deepens cooperation on supply-chain security across the strategic raw-materials list shared between the two jurisdictions — joint financing, recycling, mutual recognition of strategic- project status under the EU Critical Raw Materials Act (filed: 2024-05-23-eu-crma-entry-into-force) and US IRA §30D / §45X frameworks (filed: 2022-08-16-us-inflation-reduction-act). The agreement is positioned as a joint response to non-market practices in third-country supply chains for the named materials.

President Trump signed Executive Order "Ending Certain Tariff Actions" on 20 February 2026 (Federal Register doc 2026-03832, published 25 February 2026), terminating the additional ad-valorem duties imposed under nine prior IEEPA-based executive orders. The order followed within hours of the US Supreme Court's 6-3 decision the same day in Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026), holding that the International Emergency Economic Powers Act does not authorize the President to impose tariffs and vacating the Trump 2.0 IEEPA tariff regime. The EO directs CBP to cease collection "as soon as practicable"; CSMS guidance set the collection-end date at 12:00 a.m. eastern on 24 February 2026. The order explicitly preserves all underlying national-emergency declarations and all non-IEEPA trade actions — Section 232 of the Trade Expansion Act, Section 301 of the Trade Act, Section 122 of the Trade Act, and Section 201 — so the Section 232 cascade and the paired Section 122 10% temporary surcharge (effective 24 Feb 2026) remain in force. This is the first SCOTUS-driven repeal of a presidential tariff regime in the modern era and recalibrates the entire post-2024 US tariff architecture by removing IEEPA as a legal pillar.

President Trump signed a Presidential Proclamation on 20 February 2026 invoking Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) to impose a temporary 10% ad-valorem import surcharge on articles imported into the United States, effective 12:01 a.m. EST on 24 February 2026. The proclamation was issued within hours of the US Supreme Court's 20 February 2026 ruling in Learning Resources, Inc. v. Trump, which held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to set tariffs and vacated the IEEPA-based reciprocal-tariff regime previously in effect. The Section 122 surcharge is statutorily limited to 150 days (terminates 24 July 2026 absent Congressional extension) and the statute caps any such surcharge at 15% ad valorem. Goods qualifying as USMCA originating from Canada or Mexico are exempt; CAFTA-DR textile/apparel articles meeting specified rules of origin are exempt; and a substantial product-exception list excludes critical minerals, energy products, certain pharmaceuticals, electronics, vehicles, aerospace products, specified agricultural goods, and goods already subject to Section 232 duties (the Section 122 duty does not stack on Section 232).

On 27 December 2025, Codelco and SQM formally closed NovaAndino Litio SpA, the 50:50 joint venture (with a golden share for state-owned Codelco) mandated by the 2023 National Lithium Strategy to bring the Salar de Atacama under state operational control. The vehicle is formed by merging Codelco's subsidiary Minera Tarar SpA with SQM's SQM Salar SpA, governed by a six-director board (three Codelco, three SQM), and runs until 2060 under a CORFO contract amendment that extends operations beyond SQM's previous 2030 lease expiry. SQM manages operations 2025-2030, Codelco from 2031 onward; the Chilean state captures up to ~70% of operating margins through 2030 and ~85% from 2031. As part of the closing, SQM transferred all of its mining concessions in the Salar de Maricunga to Codelco. President Boric and the Cabinet Económico formally endorsed the venture on 29 December 2025, when the first board meeting was held in Santiago.

China's Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) jointly issued Announcement No. 58 of 2025 on 9 October 2025, adding high-energy-density lithium-ion batteries (cells and packs, >=300 Wh/kg), artificial graphite anode materials, related production equipment, and key manufacturing technologies to the dual-use export control list under licence requirement. The controls were scheduled to take effect 8 November 2025 but were suspended the day before via Announcement No. 70 (2025), which deferred entry-into-force until 10 November 2026 in the context of the US-China Busan economic-trade arrangement. Controls remain legislatively adopted and will become operative unless the suspension is renewed or withdrawn.

China's Ministry of Commerce on 9 October 2025 issued Announcements No. 61 and No. 62, jointly constituting the largest single architectural escalation of PRC export controls to date. No. 61 expands the controlled rare-earth list from 7 to 12 of 17 elements (adding holmium, erbium, thulium, europium, ytterbium) and — for the first time — imposes extraterritorial application via a 0.1% de-minimis rule, a foreign-direct-product (FDP) rule, and a 50%-affiliate rule, directly mirroring US BIS architecture. No. 62 places rare-earth extraction, smelting, separation, magnet manufacturing, and recycling technologies (including IP licensing, investment, and provision to foreign persons) under export licensing. PRC-direct exports were controlled from publication; the de-minimis and FDP offshore-items provisions were due to take effect 1 December 2025. On 7 November 2025 MOFCOM Announcement No. 70 suspended both measures until 10 November 2026 as part of the post-APEC Trump-Xi tariff detente — see amendments block.

Commission Implementing Regulation (EU) 2025/1564 of 24 July 2025 is the EU's largest-ever trade countermeasure package: additional customs duties on approximately €93 billion of US-origin goods (Annexes I–XIII) plus an export prohibition on specified EU products to the United States (Annex XIV), adopted under Regulation (EU) No 654/2014 (the EU commercial-policy enforcement regulation) in response to the second Trump administration's Section 232 reinstatement and automobile tariffs. The regulation supersedes and repeals Commission Implementing Regulation (EU) 2025/778 and three earlier rebalancing CIRs. Application was suspended from 5 August 2025 following the EU-US trade framework agreement of 27 July 2025; the suspension was extended by a further six months from 4 February 2026. CIR 2025/1564 remains in force as a conditionally-reinstateable rebalancing framework while negotiations continue.

H.R.1, the "One Big Beautiful Bill Act" (Public Law 119-21), was signed into law by President Trump on 4 July 2025. The budget-reconciliation statute is the single largest reversal of the 2022 Inflation Reduction Act (IRA) industrial-policy framework: it accelerates the termination of IRA-era clean- energy tax credits and overlays a new "Foreign Entity of Concern" (FEOC) / "Prohibited Foreign Entity" (PFE) regime on the credits that survive. The §25E used-EV credit, the §30D new clean-vehicle credit, the §45W commercial clean-vehicle credit, and the §30C alternative-fuel-refueling-property credit terminate for vehicles or property placed in service after 30 September 2025. The §25C energy-efficient home improvement credit and the §25D residential clean-energy credit terminate for property placed in service after 31 December 2025. The §45Y clean-electricity production credit and §48E clean-electricity investment credit are eliminated for wind and solar facilities placed in service after 31 December 2027, with a safe harbour for projects whose construction begins on or before 4 July 2026. From 1 January 2026, projects beginning construction must satisfy "material assistance" thresholds limiting the share of components, subcomponents and critical minerals sourced from prohibited foreign entities (PRC, Russia, Iran, DPRK and entities controlled by them). For §45Y/§48E facilities the threshold starts at 40% non-PFE content in 2026 and steps up by 5 percentage points per year through 2030; for §45X advanced manufacturing PTC the analogous schedule begins at 50% in 2026 and rises through the decade. CBO scored the package's energy-credit terminations as generating roughly USD 280bn of revenue (gross), of which USD 77.4bn from §25D termination, USD 21.2bn from §25C, USD 77.8bn from §30D, USD 104.5bn from §45W, and USD 2bn from §30C, partially offsetting the bill's other tax cuts. The bill simultaneously re-authorises and broadens the §48D advanced manufacturing investment tax credit for semiconductor fabs, raising the credit rate from 25% to 35% for property placed in service after 31 December 2025 (preserving the CHIPS Act-aligned semiconductor leg of the IRA-era stack). The OBBBA therefore reshapes the IRA from a broad-based clean-energy + EV + manufacturing pull-through into a narrower, China-decoupling industrial policy concentrated on semiconductors and (residually) §45X battery / critical- mineral processing.

On 10–11 May 2025 in Geneva, US Treasury Secretary Scott Bessent and USTR Jamieson Greer met with PRC Vice Premier He Lifeng and on 12 May 2025 issued the "Joint Statement on US-China Economic and Trade Meeting in Geneva," producing the first bilateral de-escalation of the post-2 April 2025 reciprocal-tariff stand-off. The agreement was implemented on the US side via Executive Order 14298 of 12 May 2025 ("Modifying Reciprocal Tariff Rates To Reflect Discussions With the People's Republic of China," published in the Federal Register 21 May 2025 as 90 FR 21831 / 2025-09297) and on the Chinese side via State Council Tariff Commission Announcement No. 4 of 2025. Effective 12:01 a.m. EDT on 14 May 2025, both sides suspended for 90 days (through 12 August 2025) the 24 percentage points of additional ad valorem duty layered on top of the prior 10% reciprocal rate, while the 10% reciprocal rate itself was retained. On the US side this reduced the headline reciprocal-tariff burden on PRC-origin goods from a 125% scheduled rate (under EOs 14259 and 14266) to 10%; combined with the still-in-force 20% IEEPA-fentanyl tariff under Executive Order 14195 (separately filed: `2025-02-01-us-trump-fentanyl-tariffs-canada-mexico-china`), the effective additional rate on most Chinese imports came down to ~30%. China made a parallel 24pp suspension on US-origin goods (from a 125% retaliatory rate to 10%) and additionally suspended non-tariff countermeasures imposed since 2 April 2025 (export controls, unreliable-entity designations, MOFCOM probes). The truce is structurally a calibrated freeze of the reciprocal-tariff ladder under the April 2025 regime, not a repeal: the underlying EO 14257 / IEEPA framework remains intact and was scheduled to re-engage at the 24pp escalated rate on 12 August 2025 absent further extension. The Geneva agreement is the precursor to the August 2025 Stockholm extension and the October 2025 Busan Economic and Trade Arrangement (separately filed: `2025-10-30-us-china-busan-economic-trade-arrangement`).

China's Ministry of Commerce and General Administration of Customs announced on 4 April 2025 export licensing requirements on seven medium and heavy rare-earth elements: samarium, gadolinium, terbium, dysprosium, lutetium, scandium and yttrium. Exporters must apply for individual licences citing the end-user and end-use, with licences granted at MOFCOM's discretion. The announcement came two days after the 2 April Trump reciprocal-tariff package and was widely interpreted as a proportional response. Unlike the December 2024 Ga/Ge/Sb ban this is not US-specific on its face — but in practice licence approvals through April-June 2025 were heavily skewed away from US-bound shipments.

President Trump signed Executive Order 14257 on 2 April 2025 declaring a national emergency over US trade deficits and imposing a baseline 10% ad-valorem tariff on imports from nearly all trading partners effective 5 April, with higher country-specific "reciprocal" rates effective 9 April. The rate schedule was constructed from a formula tied to bilateral goods-trade deficits and ranged from 10% (UK, Singapore, Brazil, Australia, others) through 20% (EU), 24% (Japan), 25% (Korea), 32% (Taiwan, Indonesia, Switzerland), 34% (China, later raised to 84% then 125% during the April escalation), 46% (Vietnam), 49% (Cambodia). Multiple subsequent EOs paused the country-specific rates for 90 days for non-China destinations on 9 April while keeping the 10% baseline, pending bilateral negotiations.

The European Commission published Implementing Regulation (EU) 2024/2754 on 29 October 2024 imposing definitive countervailing duties on imports of new battery electric vehicles (BEVs) originating in China, effective the day after publication. Following a 13-month investigation initiated by Commissioner Dombrovskis in October 2023, the rates layered on top of the existing 10% MFN duty are: BYD 17.0%, Geely 18.8%, SAIC 35.3%, Tesla 7.8% (individually-investigated), 17.0% for sampled cooperating producers, 20.7% for non-sampled cooperating producers, 35.3% for non-cooperating producers. Duties are payable for five years from entry into force unless reviewed earlier. The measure followed a member-state vote with Germany voting against and France/Italy in favour.

The Biden administration announced on 14 May 2024 a package of Section 301 tariff increases on Chinese imports following the four-year statutory review of the original 2018-2019 tariffs. The hikes target sectors central to the US-China industrial-policy contest: BEVs went from 25% to 100%, lithium- ion EV batteries 7.5% → 25% (with non-EV battery cells rising in 2026), battery parts 7.5% → 25%, natural graphite + magnets 0% → 25% (phased to 2026), semiconductors 25% → 50% (phased to 2025), solar cells 25% → 50%, steel + aluminum products in selected categories 0-7.5% → 25%, ship-to-shore cranes 0% → 25%, certain medical products 0-7.5% → 50%. USTR issued the final determination on 13 September 2024 with most items effective 27 September 2024.

China's Ministry of Commerce and General Administration of Customs jointly announced (Announcement No. 33 of 2023) export-licensing controls on graphite products, effective 1 December 2023. The regime covers natural flake graphite and products thereof (including spherical graphite and graphite powder used in lithium-ion battery anodes) as well as high-purity, high-hardness, and high-strength synthetic graphite materials. Exporters must obtain dual-use-item licences from MOFCOM citing end-user and end-use; licences are granted at MOFCOM's discretion. The announcement came three days after the 17 October 2023 BIS advanced-chip-controls expansion, continuing the proportional-response pattern established with Ga/Ge in July.

Regulation (EU) 2023/1542 establishes a comprehensive EU statutory framework for all battery categories (portable, SLI, LMT, EV, industrial), imposing supply-chain due-diligence obligations for cobalt, lithium, nickel, and natural graphite; mandatory recycled-content thresholds; carbon-footprint declarations; a digital battery passport; and ambitious collection and recycling-efficiency targets, with rolling application dates running from February 2024 through August 2036. It repeals Battery Directive 2006/66/EC and applies to every economic operator placing batteries on the EU market, binding every EV, consumer-electronics, and stationary-storage supply chain that relies on DRC cobalt, Australian/Chilean lithium, Indonesian/Philippine nickel, and Chinese/Mozambican graphite.

The Inflation Reduction Act (Public Law 117-169), signed by President Biden on 16 August 2022, contains the largest single package of clean-energy and clean-manufacturing subsidies in US history — Congressional Budget Office scored the energy and climate provisions at $369B over 10 years, with subsequent Treasury / academic estimates reaching $800B-$1.2T as uptake exceeded baseline. Core mechanisms include the Section 30D Clean Vehicle credit ($7,500 per qualifying EV), the Section 45X Advanced Manufacturing Production Credit (per-unit credits for domestically-produced battery cells, modules, electrodes, and critical-mineral processing), the Section 48E Clean Electricity Investment Credit, and the Section 45V Clean Hydrogen Production Credit. Critically, the law contains Foreign Entity of Concern (FEOC) provisions barring credit eligibility for vehicles or components linked to entities controlled by China, Russia, Iran, or North Korea.

Indonesia accelerated the implementation of its raw nickel ore export ban, originally scheduled for 2022, to take effect on 1 January 2020. Announced 30 August 2019 by Minister Ignasius Jonan via ESDM Regulation No. 11/2019, the ban prohibits the export of nickel ore with grades below 1.7% Ni (effectively all Indonesian saprolite and limonite ore that previously flowed to Chinese stainless-steel and ferronickel mills) and forces ore to be processed domestically into intermediate products (nickel pig iron, ferronickel, mixed hydroxide precipitate, nickel sulfate). The policy is part of the long-running "hilirisasi" (downstream-isation) strategy and was the trigger for the >$30B wave of Chinese-led nickel- processing investment in Sulawesi (Morowali, Weda Bay) that has since made Indonesia the dominant global nickel producer.