Fair Trade with China Enforcement Act, Sec. 101 ("Establishment of list of certain products receiving support from government of People's Republic of China pursuant to Made in China 2025 policy")

Requires the United States Trade Representative to annually list Chinese products, including AI, receiving government support under the Made in China 2025 policy. Identifies specific industries such as AI, robotics, and quantum computing for inclusion.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Competitive dynamics

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

This document has minimal coverage of AI risk domains. It primarily addresses competitive dynamics (6.4) through its focus on state-sponsored industrial policy and trade competition. There is no substantive coverage of AI-specific risks, safety concerns, discrimination, privacy, misinformation, or other technical AI risks. The document is a trade policy instrument focused on identifying Chinese government-supported products rather than governing AI risks.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities
  • Information
  • Scientific Research & Development Services
  • Health Care & Social Assistance

All other sectors had no coverage in this document.

Sectors Summary

This document governs trade monitoring across multiple manufacturing and technology sectors. It has broad coverage across Agriculture/Mining/Construction/Manufacturing, Information (AI, semiconductors, computing), Transportation (railway, vehicles, aircraft), and Scientific R&D sectors. The focus is on identifying Chinese government-supported products in strategic industries rather than regulating AI use within specific sectors.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative amendment to the Trade Act of 1974, creating mandatory obligations for the United States Trade Representative with specific timelines and enforcement mechanisms.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress
  • Summary: The document is a Congressional act amending the Trade Act of 1974, indicating Congress as the proposing authority.

Target

  • Entity Types: AI_Developer, AI_Infrastructure_Provider
  • Entities: Products manufactured or produced in, or exported from, the People's Republic of China; Government of the People's Republic of China; Communist Party of China
  • Summary: The document targets Chinese products receiving government support under Made in China 2025, specifically including AI, semiconductors, quantum computing, and robotics industries. While the immediate target is the USTR's listing obligation, the ultimate targets are Chinese manufacturers and the Chinese government's industrial policy.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Trade Representative
  • Summary: The USTR is explicitly designated as the authority responsible for creating and maintaining the list of Chinese products, with specific timelines and criteria for enforcement.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: United States Trade Representative
  • Summary: The USTR is responsible for annual monitoring and updating of the list, effectively serving as both enforcer and monitor of this policy.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

No lifecycle stages identified.

AI Lifecycle Summary

The document does not substantively cover AI lifecycle stages. It is a trade policy instrument that requires listing of AI products receiving Chinese government support, but does not govern the development, deployment, or operation of AI systems. The focus is on trade monitoring and economic competition rather than AI governance.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document mentions AI products and related technologies (semiconductors, quantum computing, high-capacity computing) but only in the context of identifying products for a trade monitoring list. It does not define AI models, AI systems, or provide technical specifications. The mention is purely categorical for trade policy purposes.

https://www.congress.gov/bill/118th-congress/senate-bill/153
https://agora.eto.tech/instrument/791
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Document data from AGORA, CSET Emerging Technology Observatory.