PolicyBrief
S. 206
119th CongressJan 23rd 2025
Restoring Trade Fairness Act
IN COMMITTEE

The Restoring Trade Fairness Act revokes normal trade relations with China, mandates significant tariff increases on Chinese imports, and establishes a dedicated fund to support U.S. industries impacted by retaliatory trade measures.

Tom Cotton
R

Tom Cotton

Senator

AR

LEGISLATION

Restoring Trade Fairness Act: New Tariffs Set to Phase in 35% Minimum Tax on Chinese Imports

The Restoring Trade Fairness Act fundamentally rewrites the U.S. relationship with its largest trading partner by stripping China of its 'normal trade relations' status. Effective immediately upon enactment, this bill tosses out the preferential low tariff rates (averaging 3.4%) that have been in place for decades and replaces them with much higher 'Column 2' rates. The bill doesn't stop at just reverting to old standards; it mandates that the President set a new floor for these tariffs at 35% for most goods, and a staggering 100% for specific critical items listed in the legislation. These increases are designed to phase in over five years, starting with a 10% jump in the first six months and reaching the full, higher rates by year five.

The Price of the Checkout Counter

For the average person, this bill hits closest to home in the wallet. By removing the 'de minimis' exemption under Section 7, the bill ends the practice of allowing small shipments—think your $40 fast-fashion haul or a $15 replacement charging cable—to enter the country duty-free. If you’re a small business owner who sources inventory from Chinese platforms or a consumer who enjoys low-cost direct shipping, those prices are likely to climb as every single item becomes subject to new taxes and stricter valuation rules. The bill requires all Chinese goods to be appraised based on their 'United States value'—essentially the price they sell for here rather than what they cost to make—which could lead to even higher duty calculations at the border (SEC. 5).

A Safety Net for the Fallout

Legislators are clearly expecting a counter-punch from Beijing. To manage this, SEC. 8 creates a 'retaliation trust fund' fueled by the very tariffs collected from these new rules. If you’re a farmer who suddenly finds your soybean exports blocked by Chinese retaliatory taxes, or if you work in the semiconductor or aircraft industries, this fund is designed to step in and buy your products if you can't find another buyer at a fair price. Interestingly, any leftover cash at the end of the year doesn't go back to taxpayers; it’s funneled straight to the Department of Defense to buy specific munitions, like Harpoon and Javelin missiles, intended to bolster defenses in the Indo-Pacific region.

Executive Control and Economic Shifts

This isn't just a tax bill; it’s a massive shift in power to the Oval Office. Under SEC. 4, the President gains the authority to hike duties even higher than the 35% floor or outright ban certain products if they are deemed a threat to national security or human rights. While the goal is to bring manufacturing jobs back to U.S. soil and reduce reliance on an adversarial government, the transition could be rocky. For a construction foreman or a tech developer, this might eventually mean more local jobs, but in the short term, it likely means navigating supply chain hiccups and higher costs for the raw materials and components that currently only come from China.