Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

At the APEC Busan summit on 30 October 2025, Presidents Trump and Xi reached the "Economic and Trade Arrangement Between the United States and the People's Republic of China," subsequently implemented on the US side by the executive order "Modifying Reciprocal Tariff Rates Consistent with the Economic and Trade Arrangement" (issued 4 November 2025; effective 12:01 am EST on 10 November 2025; published in the Federal Register on 7 November 2025 as 90 FR 50729 / 2025-19826) and on the Chinese side by a series of MOFCOM and State Council Tariff Commission announcements (notably MOFCOM 2025 No. 90 of 8–9 November 2025). The arrangement is structurally parallel to the already-filed US-Japan, US-Korea and US-Taiwan framework deals but uniquely material because it freezes the highest-stakes bilateral tariff and export-control confrontation of the post-2024 reset. Core US commitments: (i) reciprocal-tariff "additional ad valorem rate of duty" on PRC-origin goods reduced from a prior 20% IEEPA-fentanyl + 10% IEEPA-reciprocal stack to a 10% rate (i.e., the prior 24% / 34% scheduled escalation is suspended), extended through 10 November 2026; (ii) US BIS suspends the so-called "affiliates rule" expanding entity-list controls to majority-owned subsidiaries of listed Chinese firms; (iii) USTR pauses Section 301 maritime / shipbuilding / logistics countermeasures against Chinese vessels for one year. Core PRC commitments: (i) MOFCOM suspends for one year (until 10 November 2026) the 9 October 2025 extraterritorial rare-earth export-control package — including controls on REE processing equipment, lithium-battery manufacturing equipment, and superhard materials; (ii) PRC suspends retaliatory tariffs on a broad swath of US agricultural products through 31 December 2026; (iii) commitment to purchase ≥25 million metric tonnes of US soybeans annually in 2026-2028 and to resume sorghum and log imports; (iv) suspension of MOFCOM antitrust and "unreliable-entity" probes against named US semiconductor and chip-equipment companies; (v) cooperation on fentanyl precursor enforcement. The arrangement does not repeal underlying authorities (IEEPA tariffs, MOFCOM export-control list, Entity List) — it is a calibrated mutual freeze with a one-year sunset and quarterly review checkpoints.

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.

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), enacted as Division H of P.L. 118-50 (21st Century Peace through Strength Act), prohibits app stores and internet hosting services from distributing, maintaining, or updating "foreign adversary controlled applications" — defined explicitly to include ByteDance Ltd and its subsidiaries (TikTok). ByteDance was given 270 days from enactment (until January 19, 2025) to execute a "qualified divestiture" — selling TikTok to an owner with no operational relationship with a foreign adversary — or face a nationwide distribution ban. The Supreme Court unanimously upheld the law's constitutionality in TikTok, Inc. v. Garland (January 17, 2025), rejecting First Amendment challenges and affirming the national-security rationale grounded in data-collection concerns.

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.

The Defense Production Act of 1950 (Pub. L. 81-774, 64 Stat. 798, codified at 50 U.S.C. §§4501–4568) is the foundational US statute governing wartime and emergency industrial mobilization. Signed by President Truman on 8 September 1950 during the Korean War, the Act empowers the President to compel industrial priority-rated ordering (Title I / DPAS), authorize direct investment in domestic production capacity for critical industries (Title III), and conduct investment security review (Title VII, precursor to CFIUS). Reauthorized approximately 50 times, most recently extended through September 2025 by Pub. L. 115-263 (2018) and further extended under NDAA FY2026; it has been invoked by every Administration since 1950 and has accelerated dramatically since 2020 to target critical-minerals processing, semiconductor manufacturing, battery supply chains, biopharmaceuticals, and energy infrastructure.