United States Increases Tariffs on More Chinese Products
by Chris Mitchell, IPC vice president, global government relations
Key Summary
• The United States increased tariffs from 10 percent to 25 percent on $200 billion in Chinese products
• New exclusions were added to earlier tariff lists, including items commonly used in manufacturing
• Negotiations had shown progress, but U.S. officials said China backtracked on key commitments
• Additional tariff increases on all Chinese imports remain possible depending on future talks
• China has pledged retaliatory tariffs, keeping trade tensions high
The U.S. Trade Representative (USTR) has published the official Federal Register notice increasing tariffs from 10 percent to 25 percent on another $200 billion worth of Chinese products, effective at 12:01 a.m. on Friday. Meanwhile, the USTR also has added more products to the list of exclusions from the first round of tariffs. The list includes numerous codes for items used in manufacturing, including spools of aluminum and steel and coils; push-button switches; DC electric motors and AC electric motors. U.S. and Chinese officials have met regularly since January to resolve long-standing trade issues with the goal of de-escalating trade tensions and easing the tit-for-tat tariff increases that took effect last year. Officials from both countries have reported progress in negotiations over the past few months, but the U.S. posture changed abruptly last week. U.S. officials, according to news reports, felt that Chinese officials had “backtracked” on key commitments, including IP and technology transfer reforms. In response, President Trump personally decided to increase tariffs this week. Meetings between senior U.S. and Chinese trade officials are scheduled to resume today. We are unlikely to see an agreement this week, as had been the goal. President Trump has suggested that he may also impose new or increased tariffs on all Chinese products imported into the U.S., but a decision that bold would hinge on the President’s estimation of whether a deal can get done and what pressure is necessary to strike it. The Chinese have promised retaliatory tariffs. As always, please contact me if you have concerns, insights or questions.
U.S. officials said Chinese negotiators pulled back from commitments on issues such as intellectual property and technology transfer. In response, President Trump directed the tariff rate to increase as a pressure tactic in the ongoing trade discussions.
The increase applied to $200 billion in Chinese imports, while some exclusions were added for earlier lists, including items like spools, coils, push-button switches, and electric motors that are widely used in manufacturing operations.
Yes. Meetings between senior trade officials were scheduled to resume, but an agreement was not expected immediately. Negotiations have continued since January, though progress stalled due to disagreements over key reform commitments.
President Trump suggested the possibility of imposing tariffs on all Chinese imports if needed to influence negotiations. Whether this occurs depends on the administration’s assessment of progress and strategic pressure required to secure a deal.
Export Controls in Flux
To help electronics companies comply with these rules and stay abreast of developments, IPC recently held three training workshops in California, Illinois, and Virginia, with the California and Virginia workshops sponsored and hosted by TTM Technologies.
Featured speaker Gary Stanley – president of Global Legal Services, PC, and one of the nation’s top legal experts on export controls – gave an in-depth presentation that covered the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity, with a focus on printed circuit boards and electronics.
Among the key points that Gary stressed were the following:
• Correctly determining the commodity jurisdiction (State Dept./ITAR versus Commerce Dept./EAR) and the commodity classification (U.S. Munitions List versus Commerce Control List) is the most critical step in complying with U.S. export controls, because only then will you know what licensing requirements apply.
• Communicate, communicate, communicate! Open lines of communication within your company's functional areas, e.g. legal, sales, procurement, IT, HR, as well as you’re your customers and suppliers, is essential to avoiding export control mistakes.
• Measures relating to Trusted Suppliers, DFARS cybersecurity, and export controls certainly overlap, but each regulatory area has its own special requirements.
• The most effective export control managers typically display intellectual curiosity, attention to detail, extroversion, and political skills. The last trait is important because export control managers must occasionally say “no” to their CEOs and colleagues, while maintaining their cooperation and support.
The workshops also featured remarks by Special Agents from the U.S. Department of Commerce’s Bureau of Industry & Security, Office of Export Enforcement, who addressed, among other things, “red flags” to be aware of when approached by a potential customer, especially if that potential customer is new, foreign, and/or unknown to your company.
Other speakers at the workshop presented on IPC-1791, Trusted Electronic Designer, Fabricator and Assembler Requirement; supply-chain risk management within the U.S. Department of Defense printed-circuit-board supply chain; and the DoD Executive Agent for Printed Circuit Board and Interconnect Technology.
It is the responsibility of the company to understand all export control rules and regulations and ensure that they are in compliance. That’s why IPC will continue to make educational opportunities available on this topic, and why we encourage you to ensure that your company has solid export-control-compliance measures in place.Engineer Connects Education, Industry and IPC
A chance encounter between Moyer and IPC President and CEO, John W. Mitchell led to a partnership in developing an online, instructor-led Introductory PCB Design course offered through IPC. The first class just ended. The next class starts on May 7 and is open for registration. The six-week online IPC PCB Design Fundamentals course utilizes interactive webinars, on-demand recorded class sessions, job-specific exercises, and team projects to facilitate mastery of the key concepts required by circuit board designers. IPCEF took the opportunity to ask Moyer about his experience teaching his first IPC class.
Moyer responded, “It’s very rewarding to give back to the next generation of board designers by teaching PCB design both at the university level through Sacramento State University as well as through the new IPC EDGE training portal. I have been able to successfully design and build PWBs and CCAs for some of the most extreme environments and a lot of that knowledge flows directly from IPC’s standards and certification activities.”
Moyer is also the faculty advisor of our first IPC Student Chapter at Sacramento State. He partnered with student Scott O’Hair, an IPC Emerging Engineer, to start the chapter with O’Hair as the first IPC student chapter president.
Scott O’Hair added, “My experience as an IPC Emerging Engineer really expanded my knowledge of the electronics industry. I received a lot of insight from my mentors and attending IPC APEX EXPO give you the chance to see some impressive technology in action. The networking events can open up career opportunities as well and I wanted to share those benefits with my fellow students.”
The Sacramento State IPC Student Chapter was the first of six chapters launched during IPC APEX EXPO 2019. Aaron Birney, IPC’s manager of education programs, describes IPC Student Chapters as “a way for students to engage IPC members and learn about real-world manufacturing processes, make connections within the industry, and lay the groundwork for internships.”
The IPC Education Foundation, a 501©(3) organization, focuses on strengthening and shaping the emerging workforce by providing educational opportunities, connecting the emerging workforce with industry opportunities, improving the perception of the industry, and offering scholarships to deserving students.
For more information on the IPC Education Foundation, contact Birney at AaronBirney@ipc.org or visit www.ipcef.org.IPC’s PCB Technology Trends Study Details How PCB Manufacturers Meet Current and Future Technology Demands
Every Day is a Good Day to Focus on Worker Health and Safety
North American PCB Sales Growth Stays Strong, Order Growth Slows
IPC’s monthly PCB industry statistics are based on data provided by a representative sample of both rigid PCB and flexible circuit manufacturers selling in the USA and Canada. IPC publishes the PCB book-to-bill ratio at the end of each month. Statistics for the current month are normally available in the last week of the following month.
IPC APEX EXPO 2019: Hear from the Attendees
U.S. Tax Law Boosts Growth, But Uncertainties Loom
By Chris Mitchell, vice president, global government relations
Key Summary
• The TCJA reshaped the U.S. tax code to promote competitiveness and support electronics industry growth.
• Key provisions include a lower corporate tax rate, full expensing for investments, and preservation of the R&D tax credit.
• Several TCJA provisions will phase out or shift starting in 2022 and 2023, creating uncertainty.
• Pending regulations and unresolved tax extenders leave key details incomplete for manufacturers.
• IPC highlights long-term planning needs as major TCJA benefits expire without congressional action.
Monday, April 15 was the deadline for millions of Americans to file their income tax returns, so this is a good time to review the Tax Cuts and Jobs Act of 2017 (TCJA) as well as the current tax policy landscape and how these rules are affecting the electronics industry. TCJA Fostering Economic Growth In passing the TCJA, Congress restructured the U.S. tax code for the first time since 1986. IPC applauded the bill’s passage because of the need to replace an outdated tax code with one that promoted competitiveness and innovation in our industry and economy-wide. Several provisions were especially important to the electronics industry, including: • Lowering the corporate tax rate from 35 percent to 21 percent; • Allowing full and immediate expensing of capital investments placed in service between September 27, 2017 and January 1, 2023; and • Safeguarding the R&D tax credit. • The bill also allows many small businesses that are organized as “pass through” companies to claim a 20 percent deduction for the non-wage portion of pass-through income.
These provisions have helped generate stronger-than-expected GDP growth and near record-low unemployment. In fact, the number of U.S. job vacancies has exceeded the number of unemployed Americans for months. Most economists are forecasting continued growth through 2019. Changes Coming in a Few Years Even as we celebrate the success of the TCJA, we should be mindful of work yet to do and new issues that have come up. Here are a few that affect our industry:
• Bonus Depreciation Starts Ramping Down in 2023. The TCJA provided for 100 percent bonus depreciation for capital expenditures, spurring investments in plant and equipment. However, the law phases out bonus depreciation from 2023 to 2026. Bonus depreciation enjoys wide support on Capitol Hill, so there will be attempts to prevent its expiration. Some skeptics believe bonus depreciation is more appropriate as a tool for reversing economic downturns, while others say it is accelerating automation and jeopardizing jobs. We expect a tough fight to extend this provision past 2023.
• R&D Tax Credit Falls Short. Beginning in 2022, companies will be required to amortize R&D expenses over five years instead of claiming an immediate, full deduction as they do today. There are concerns that this will reduce R&D investment, and some in Congress are working to rewrite this provision. Moreover, a cadre of Congress members will continue to fight to increase the alternative simplified R&D credit from 14 percent to 20 percent to bring it in line with international competitors. But such an increase is considered unlikely.
• TCJA Regulations Still Pending. Significant portions of the tax law require the Treasury Department to issue implementing regulations, but many such rules are still in the proposal stage. Regulations can undergo significant changes as they go through the process, so IPC and its members will need to keep an eye on them and be prepared for further advocacy.
• Pass-throughs (S-Corps) Still Face Unfair Treatment and Significant Uncertainty. Pass-throughs have long argued for tax parity with C-Corps, and the authors of the TCJA sought to provide some relief by granting a 20 percent deduction on some pass-through income. However, legislative rules prevented Congress from making the relief permanent, and the deduction will vanish at the end of 2025. Because pass-through tax rates are tied to individual rates, any debate over changing them will get caught up in the political battle over marginal tax rates for individuals.
• Expiring Tax Provisions in Limbo. No sooner had the TCJA passed in 2017 than congressional efforts began to pass an “extenders packages” to reinstitute several old tax provisions that were left out of the bill. Currently, there are 29 so-called extenders that expired in 2017 and 2018, and we are beginning to see bipartisan interest in passing an extensions bill later this year. The two provisions with the most support are the biodiesel tax credit and the short-line rail maintenance credit. We will continue to monitor developments. • TCJA Exacerbates Budget Woes. The TCJA may be boosting economic growth, but it is not paying for itself. Tax revenues are falling below forecast, and the Trump administration’s FY2020 budget proposes $1 trillion+ annual deficits through FY2022. And that is a best-case scenario! Planning Ahead The TCJA made some very helpful changes to an outdated tax system. However, the tax writers also created a great deal of uncertainty by putting a time limit on some of the most significant and popular provisions, which are likely to expire in a few years absent a resurgence of bipartisanship. We know that many IPC members make long-term business decisions based on the tax code. Thus, your company may want to consider taking advantage of TCJA tax provisions while they last and working with IPC to advocate for smarter, more predictable tax policies in the future.
The law lowers corporate taxes, allows full expensing of capital investments, and preserves the R&D tax credit, supporting growth in the electronics sector.
Bonus depreciation enables full expensing of capital expenditures, but it begins phasing out in 2023 unless Congress intervenes.
Beginning in 2022, companies must amortize R&D costs over five years instead of taking an immediate full deduction.
Their 20 percent deduction is temporary and expires in 2025, tying their tax outlook to shifting individual tax rate debates.
Dozens of extenders remain unresolved, leaving companies without clarity on incentives they previously relied upon.
IPC Working to Revive R&D on Lead-Free Electronics in High-Reliability Sectors
from government, industry, academia, and other stakeholders. Founded in 2008 and housed by IPC since 2012, the PERM Council provides leadership and coordination of Pb-free electronics risk management activities in both government and industry.
A major focus of the PERM Council has been gathering enough detailed engineering knowledge to underpin the conversion from tin-lead solder to Pb-free in the ADHP sectors. In 2009, PERM supported an effort funded by the U.S. Department of Defense (DoD) to identify the knowledge gaps and estimate the cost to fill them. The cost estimate this “Pb-Free Manhattan Project” was about $110 million over three years, broken down into more than 100 “bite-size chunks” from $100,000 to $5 million.
Unfortunately, due to DoD budget cuts in the last decade, the “Manhattan Project” was never fully funded, although some companies and universities continued to work on the smaller chunks. In 2014, IPC completed a “re-baseline” and estimated that about $40-50 million was still needed to complete the knowledge base. To date, the R&D project is still incomplete.
Now, in 2019, IPC and a consortium of manufacturers and academic institutions are working with more than a dozen congressional offices to secure $15 million in federal funding to put the R&D back on track. The formal funding requests have been filed; congressional deliberations on defense spending are underway; and Congress is expected to send a defense appropriations bill to the president for his signature by late summer, at which time we will know whether we have been successful.
A great deal of policymaker education and advocacy will be necessary to achieve this goal in 2019 and to keep the momentum going in 2020 and beyond. The IPC Government Relations team will be working on the issue 24/7, but members of Congress are most interested in hearing from IPC members, i.e. the front-line business leaders in their states and congressional districts.
To learn more and contribute your expertise to IPC’s Pb-free electronics efforts, please visit the PERM Council page on IPC's website and contact me at ChrisMitchell@ipc.org to join our Advocacy Team.