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Sourcing strategy · country of origin

Moving production out of China: what changes under US trade rules

Moving assembly from China to Vietnam, Mexico or India takes a product out of the China Section 301 duties only if the work done there changes the product's country of origin. Some duties follow the new country anyway, the forced-labor import ban follows the inputs, and the battery tax-credit test follows the owner. This page goes through what a move changes and what it does not.

The test: substantial transformation

The China Section 301 duties apply to products of China. CBP's Section 301 page says the duties are based on country of origin, not country of export (CBP). For goods made from materials of more than one country, origin is the last country where the goods underwent a "substantial transformation" (19 CFR 134.1(b)), meaning they became "a new and different article of commerce with a name, character, or use distinct" from what went in (19 CFR 177.22(a)).

CBP has said in terms that this is the test for Section 301: "When determining the country of origin for purposes of applying trade remedies under Section 301, the substantial transformation analysis is applicable" (rulings H313087 and H339851). Textiles and apparel are different: their origin is set by the rules in 19 CFR 102.21.

How CBP has decided real cases

RulingFactsOrigin
N320280 (2021)All-terrain vehicles: all 1,375 parts made in China, assembled in Thailand over about four hours across 22 stationsThailand
N303710 (2019)Vacuum cleaners: about 30% of components from China; sub-assemblies and final assembly in VietnamVietnam
H339851 (2025)Consumer drones: protest granted because the importer documented that final assembly and core sub-assemblies were done in MalaysiaMalaysia
H313087 (2021)Golf clubs: Chinese shafts and grips; heads machined in Mexico from Chinese castings, then assembled thereChina
H304677 (2023)Printers: main mechanism assembled in China; circuit-board assemblies made and installed in MexicoChina

The pattern is not "how much was done abroad" but whether the work abroad made the product what it is. Each ruling binds only on its own facts (19 CFR 177.9), so a company planning a move can ask CBP for a ruling on its own product before committing. The drone case also shows that the outcome can turn on the paperwork: records of where each step was done.

What a move changes, and what it does not

RuleIf origin moves out of China
China Section 301 duties (7.5% to 100%)Fall away, because they apply only to products of China
Section 301 forced-labor dutyUsually still applies, at the new country's rate (below)
Section 232 duties (metals, auto parts, semiconductors)Still apply; they are product-based
UFLPA forced-labor presumptionStill applies to Xinjiang inputs wherever the product is finished
Battery tax-credit entity rulesUnchanged if the plant is owned or controlled from China
Antidumping and countervailing ordersCan follow the product if Commerce finds circumvention

The forced-labor duty by destination

The 2026 Section 301 forced-labor tariff covers 60 economies, and every common alternative to China is one of them:

CountryRateHeading
Vietnam, Thailand, Philippines+12.5%9903.05.84, .77, .64
Malaysia, India, Indonesia, Mexico+10%9903.05.54, .44, .45, .55
TaiwanTotal of at least 10%, including the normal duty9903.05.75, .76
South Korea, JapanTotal of at least 12.5%, including the normal duty9903.05.70, .71; 9903.05.48, .49

Products of Mexico and Canada that enter duty-free under the USMCA are exempt (U.S. note 52(g) and (h), heading 9903.05.94). USMCA qualification has its own rules of origin, including regional value content paths, set out in General Note 11 to the tariff schedule and 19 CFR part 182. Neither the USTR notice nor note 52 says how origin is decided for the forced-labor duty itself; we would expect the same substantial-transformation test, but have not found that stated.

What does not work

The 40% "transshipment" duty announced in 2025 was imposed under IEEPA (Executive Order 14326) and ended with the other IEEPA tariffs on February 24, 2026. The tariff schedule still prints its heading; CBP says such headings are inactive.

What China restricts on its side

Inputs and owners still count

Sources: 19 CFR 102.21, 134.1, 177.9, 177.22 and part 182; CBP rulings as linked; USITC HTS 2026 Revision 21 (General Note 11; chapter 99 U.S. note 52); 91 FR 47318; 19 U.S.C. 1304, 1517, 1592 and 1677j; 88 FR 57419; MOFCOM/MOST Announcement No. 28 of 2025; CBP UFLPA guidance. Last checked October 14, 2026. General information, not legal or customs advice; origin is decided on the facts of each product.

Last checked 2026-10-14