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New guidance on the Inflation Reduction Act’s “foreign entities of concern” provision didn’t do much to clarify things.
If you’re in the market for a new car and considering cashing in on the $7,500 federal tax credit for an electric vehicle, I have good news. Also bad news.
The good news is, starting January 1, the credit will be a lot easier to claim. You won’t need to meet a certain level of tax liability to qualify or wait for your tax refund. You can transfer the credit to the dealership and take $7,500 off the sticker price right then and there.
The bad news is that suddenly, nobody knows which — if any — EVs will qualify. On Friday, the Biden administration proposed additional guidelines limiting where the components in eligible EVs are allowed to come from. Those guidelines won’t be finalized until early next year. But all signs indicate that the list of qualifying vehicles is set to shrink.
These changes aren’t coming out of nowhere — they’re part of the way the EV tax credit in the Inflation Reduction Act was designed. Over time, the law phases in additional rules that ask more of automakers in terms of onshoring their production and supply chains and minimizing their reliance on China. Beginning in 2024, if a vehicle contains any battery components that were manufactured or assembled by what’s known as a “foreign entity of concern,” it will no longer meet the requirements for the tax credit. Beginning in 2025, the same rule applies to vehicles containing critical minerals that were extracted or processed by a foreign entity of concern.
What, exactly, is a foreign entity of concern? Under U.S. law, the term applies to a company that is “owned by, controlled by, or subject to the jurisdiction or direction of” North Korea, Russia, Iran, or, yes, China. But what constitutes ownership or control is somewhat fuzzy.
“The implications are enormous because right now, it seems as if every battery that's going into an electric vehicle has some material ties to China,” Jay Turner, a professor of environmental studies at Wellesley College and author of a book on the history of batteries, told me.
In the proposal published Friday, the Biden administration recommended three criteria for interpreting the rule that it hopes will further strengthen American manufacturing of EV components and help diversify supply chains:
1. If the company producing the battery component or mineral is headquartered or incorporated in China, or if the relevant production activities occur in China, the vehicle will not qualify for an IRA tax credit.
2. If China has a 25% or more voting interest, board control, or equity interest in the company producing the component or mineral, the vehicle will not qualify.
3. If a company licenses or contracts with a Chinese firm, and the license entitles the Chinese firm to “exercise effective control” over production, the vehicle will not qualify.
This is a strict interpretation that’s likely to knock some vehicles off the eligibility list. But in a series of meetings with reporters on Wednesday, officials from the Department of the Treasury and Department of Energy said they didn’t know which or how many vehicles would be affected. “Part of the goal here is to put out this rule, and then the auto companies are going to come back to us,” said Wally Adeyomo, Deputy Secretary of the Treasury. “And then we will know which cars qualify.”
Automakers and EV experts have been anxiously awaiting guidance on the IRA’s foreign entities of concern provision. Adeyomo stressed that companies have been aware that these new rules would be coming ever since the law passed and have been making investments to ensure “that their cars would be able to qualify for this over the long term.”
Though it’s hard to fact check that claim, according to an EV supply chain database maintained by Turner and his students, at least 19 battery component factories have been announced in the U.S. and Canada since the passage of the IRA; none are yet operating, but automakers also have the option to buy components from U.S. trade partners. A report on the EV supply chain published by the International Energy Agency in 2022 notes that while China dominates cell component production, controlling 70% of capacity for cathodes and 85% of anodes, Japan and South Korea also had “considerable shares of the supply chain.”
Turner said it was conceivable that there will be models that qualify for the first phase of the rule beginning in January, which only applies to these battery components, but he was skeptical automakers would be able to continue qualifying in 2025, when the limits on critical minerals go into effect. “The further you get up the supply chain, the greater the exposure is to China,” he said. “It's not because China's got all of the critical minerals. It's that China has the processing facilities to turn those minerals into highly refined materials that are needed for the batteries.”
John Podesta, senior advisor to the president on clean energy innovation, said that Biden is “rewriting that story.” Officials pointed to a recent report from the Lawrence Berkeley National Laboratory, which found that the Salton Sea region in California has enough mineable lithium to support more than 375 million batteries for EVs. Turner’s database shows at least a dozen projects planned, rumored, or under construction to process minerals including lithium, cobalt, and graphite.
The guidance also raises questions about a $3.5 billion factory that Ford is building in Michigan to bring the production of safer, cheaper EV batteries to the U.S. The company is licensing technology from the Chinese company CATL, the world’s largest battery manufacturer, to produce batteries made of lithium, iron, and phosphate — which are more abundant than the cobalt and nickel used in the dominant batteries on the market. But the deal has come under scrutiny from House Republicans, who accuse CATL of having business ties to mining companies that use forced labor. Ford put construction on hold in September.
When asked about CATL, Deputy Secretary of Energy David Turk said the agency has not evaluated any individual company’s situation, but that they designed the licensing guidance to ”get at who has effective control in these kinds of situations.“
That could mean Ford is off the hook. Months ago, analysts told The Washington Post that the Chinese company will have little control over the Ford plant’s daily operations. “The way they structured this deal, they are keeping CATL at arm’s length as much as possible,” Sam Abuelsamid, head of e-mobility research at Guidehouse Insights, said.
The Biden administration is attempting to race forward on two sets of goals that are somewhat at odds with each other: speeding adoption of EVs while shifting their production away from China, thereby stimulating domestic industry and creating domestic jobs. When I spoke to Jane Nakano, a senior fellow at the Center for Strategic and International Studies, earlier this week, she said that if the Biden administration went with a strict 25% threshold for ownership, it could really accelerate automakers’ efforts to diversify sourcing away from China. “But that will take some time,” she added. “In the immediate future, many of the companies may simply try to compete without being able to access the consumer tax credit.”
Turner said that the question is not whether automakers can compete with low-cost EVs produced in China, but rather whether they can put out EVs that are cheaper than conventional cars on the market here.
“Once you get to the point that EVs are cheaper and we have a robust enough charging network that people aren't worried about running out of juice, I think that'll be the tipping point,” he said.
I should note that if you’re interested in this purely as a prospective consumer of an EV, the only thing you need to know is that your options to take advantage of the tax credit might be more limited come January. However, there is one weird trick to get around this and have a lot more options: Leasing. None of the rules around sourcing, assembly, or ownership apply to leased vehicles.
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Businesses were already bracing for a crash. Then came another 50% tariff on Chinese goods.
When I wrote Heatmap’s guide to driving less last year, I didn’t anticipate that a good motivation for doing so would be that every car in America was about to get a lot more expensive.
Then again, no one saw the breadth and depth of the Trump administration’s tariffs coming. “We would characterize this slate of tariffs as ‘worse than the worst case scenario,’” one group of veteran securities analysts wrote in a note to investors last week, a sentiment echoed across Wall Street and reflected in four days of stock market turmoil so far.
But if the economic downturn has renewed your interest in purchasing a bike or e-bike, you’ll want to act fast — and it may already be too late. Because Trump’s “Liberation Day” tariffs stack on top of his other tariffs and duties, the U.S. bicycle trade association PeopleForBikes calculated that beginning on April 9, the day the newest tariffs come into effect, the duty on e-bikes from China would be 79%, up from nothing at all under President Biden. The tariff on most non-electric bikes from China, meanwhile, would spike to 90%, up from 11% on January 1 of this year. Then on Tuesday, the White House announced that it would add another 50% tariff on China on top of that whole tariff stack, starting Wednesday, in retaliation for Beijing’s counter-tariffs.
Prior to the latest announcement, Jay Townley, a founding partner of the cycling industry consulting firm Human Powered Solutions, had told me that if the Trump administration actually followed through on a retaliatory 50% tariff on top of those duties, then “we’re out of business because nobody can afford to bring in a bicycle product at 100% or more in tariffs.”
It’s difficult to overstate how existential the tariffs are for the bicycle industry. Imports account for 97% of the bikes purchased in the United States, of which 87% come from China, making it “one of the most import-dependent and China-dependent industries in the U.S.,” according to a 2021 analysis by the Coalition for a Prosperous America, which advocates for trade-protectionist policies.
Many U.S. cycling brands have grumbled for years about America’s relatively generous de minimis exemption, a policy of waiving duties on items valued at less than $800. The loophole — which is what enables shoppers to buy dirt-cheap clothes from brands like Temu, Shein, and Alibaba — has also allowed for uncertified helmets and non-compliant e-bikes and e-bike batteries to flood the U.S. market. These batteries, which are often falsely marketed as meeting international safety standards, have been responsible for deadly e-bike fires in places like New York City. “A going retail for a good lithium-ion replacement battery for an e-bike is $800 to $1,000,” Townley said. “You look online, and you’ll see batteries at $350, $400, that come direct to you from China under the de minimis exemption.”
Cyclingnews reported recently that Robert Margevicius, the executive vice president of the American bicycle giant Specialized, had filed a complaint with the Trump administration over losing “billions in collectable tariffs” through the loophole. A spokesperson for Specialized defended Margevicius’ comment by calling it an “industry-wide position that is aligned with PeopleForBikes.” (Specialized did not respond to a request for clarification from Heatmap, though a spokesperson told Cyclingnews that de minimis imports permit “unsafe products and intellectual property violation.” PeopleForBikes’ general and policy counsel Matt Moore told me in an email that “we have supported reforming the way the U.S. treats low-value de minimis imports for several years.”)
Trump indeed axed China’s de minimis exemption as part of his April 2 tariffs — a small win for the U.S. bicycle brands. But any protection afforded by duties on cheap imported bikes and e-bikes will be erased by the damage from high tariffs imposed on China and other Asian countries. Fewer than 500,000 bicycles in a 10 million-unit market are even assembled in the United States, and essentially none is entirely manufactured here. “We do not know how to make a bike,” Townley told me flatly. Though a number of major U.S. brands employ engineers to design their bikes, when it comes to home-shoring manufacturing, “all of that knowledge resides in Taiwan, China, Vietnam. It isn’t here.”
In recent years, Chinese factories had become “very proficient at shipping goods from third-party countries” in order to avoid European anti-dumping duties, as well as leftover tariffs from Trump’s first term, Rick Vosper, an industry veteran and columnist at Bicycle Retailer and Industry News, told me. “Many Chinese companies built bicycle assembly plants in Vietnam specifically so the sourcing sticker would not say ‘made in China,’” he added. Of course, those bikes and component parts are now also subject to Trump’s tariffs, which are as high as 57% for Vietnam, 60% for Cambodia, and 43% for Taiwan for most bikes. (A potential added tariff on countries that import oil from Venezuela could bump them even higher.)
The tariffs could not come at a worse time for the industry. 2019 marked one of the slowest years for the U.S. specialty retail bike business in two decades, so when COVID hit — and suddenly everyone wanted a bicycle as a way of exercising and getting around — there was “no inventory to be had, but a huge influx of customers,” Vosper told me. In response, “major players put in huge increases in their orders.”
But by 2023, the COVID-induced demand had evaporated, leaving suppliers with hundreds of millions of dollars in inventory that they couldn’t move. Even by discounting wholesale prices below their own cost to make the product and offering buy-one-get-one deals, dealers couldn’t get the bikes off their hands. “All the people who wanted to buy a bike during COVID have bought a bike and are not ready to buy another one anytime soon,” Vosper said.
Going into 2025, many retailers were still dealing with the COVID-induced bicycle glut; Mike Blok, the founder of Brooklyn Carbon Bike Company in New York City, told me he could think of three or four tristate-area shops off the top of his head that have closed in recent months because they were sitting on inventory.
Blok, however, was cautiously optimistic about his own position. While he stressed that he isn’t a fan of the tariffs, he also largely sells pre-owned bikes. On the low end of the market, the tariffs will likely raise prices no more than about $15 or $20, which might not make much of a difference to consumer behavior. But for something like a higher-end carbon fiber bike, which can run $2,700 or higher and is almost entirely produced in Taiwan, the tariffs could mean an increase of hundreds of dollars for customers. “I think what that will mean for me is that more folks will be open to the pre-owned option,” Blok said, although he also anticipates his input costs for repairs and tuning will go up.
But there’s a bigger, and perhaps even more obvious, problem for bike retailers beyond their products becoming more expensive. “What I sell is not a staple good; people don’t need a bike,” Blok reminded me. “So as folks’ discretionary income diminishes because other things become more expensive, they’ll have less to spend on discretionary items.”
Townley, the industry consultant, confirmed that many major cycling brands had already seen the writing on the wall before Trump announced his tariffs and begun to pivot to re-sale. Bicycling Magazine, a hobbyist publication, is even promoting “buying used” as one of its “tips to help you save” under Trump’s tariffs. Savvy retailers might be able to pivot and rely on their service, customer loyalty, and re-sale businesses to stay afloat during the hard days ahead; Moore of PeopleForBikes also noted that “repair services may increase” as people look to fix what they already have.
And if you don’t have a bike or e-bike but were thinking about getting one as a way to lighten your car dependency, decarbonize your life, or just because they’re cool, “there are still good values to be found,” Moore went on. “Now is a great time to avoid a likely increase in prices.” Townley anticipated that depending on inventory, we’re likely 30 to 40 days away from seeing prices go up.
In the meantime, cycling organizations are scrambling to keep their members abreast of the coming changes. “PeopleForBikes is encouraging our members to contact their elected representatives about the very real impacts these tariffs will have on their companies and our industry,” Moore told me. The National Bicycle Dealers Association, a nonprofit supporting specialty bicycle retailers, has teamed up with the D.C.-based League of American Bicyclists, a ridership organization, to explore lobbying lawmakers for the first time in decades in the hopes that some might oppose the tariffs or explore carve-outs for the industry.
But Townley, whose firm Human Powered Solutions is assisting in NBDA’s effort, shared a grim conversation he had at a recent trade show in Las Vegas, where a new board member at a cycling organization had asked him “what can we do” about Trump’s tariffs.
“I said, ‘You’re out of time,” Townley recalled. “There isn’t much that can be done. All we can do is react.”
Any household savings will barely make a dent in the added costs from Trump’s many tariffs.
Donald Trump’s tariffs — the “fentanyl” levies on Canada, China, and Mexico, the “reciprocal” tariffs on nearly every country (and some uninhabited islands), and the global 10% tariff — will almost certainly cause consumer goods on average to get more expensive. The Yale Budget Lab estimates that in combination, the tariffs Trump has announced so far in his second term will cause prices to rise 2.3%, reducing purchasing power by $3,800 per year per household.
But there’s one very important consumer good that seems due to decline in price.
Trump administration officials — including the president himself — have touted cheaper oil to suggest that the economic response to the tariffs hasn’t been all bad. On Sunday, Secretary of the Treasury Scott Bessent told NBC, “Oil prices went down almost 15% in two days, which impacts working Americans much more than the stock market does.”
Trump picked up this line on Truth Social Monday morning. “Oil prices are down, interest rates are down (the slow moving Fed should cut rates!), food prices are down, there is NO INFLATION,” he wrote. He then spent the day posting quotes from Fox Business commentators echoing that idea, first Maria Bartiromo (“Rates are plummeting, oil prices are plummeting, deregulation is happening. President Trump is not going to bend”) then Charles Payne (“What we’re not talking about is, oil was $76, now it’s $65. Gasoline prices are going to plummet”).
But according to Neil Dutta, head of economic research at Renaissance Macro Research, pointing to falling oil prices as a stimulus is just another example of the “4D chess” theory, under which some market participants attribute motives to Trump’s trade policy beyond his stated goal of reducing trade deficits to as near zero (or surplus!) as possible.
Instead, oil markets are primarily “responding to the recession risk that comes from the tariff and the trade war,” Dutta told me. “That is the main story.” In short, oil markets see less global trade and less global production, and therefore falling demand for oil. The effect on household consumption, he said, was a “second order effect.”
It is true that falling oil prices will help “stabilize consumption,” Dutta told me (although they could also devastate America’s own oil industry). “It helps. It’ll provide some lift to real income growth for consumers, because they’re not spending as much on gasoline.” But “to fully offset the trade war effects, you basically need to get oil down to zero.”
That’s confirmed by some simple and extremely back of the envelope math. In 2023, households on average consumed about 700 gallons of gasoline per year, based on Energy Information Administration calculations that the average gasoline price in 2023 was $3.52, while the Bureau of Labor Statistics put average household gasoline expenditures at about $2,450.
Let’s generously assume that due to the tariffs and Trump’s regulatory and diplomatic efforts, gas prices drop from the $3.26 they were at on Monday, according to AAA, to $2.60, the average price in 2019. (GasBuddy petroleum analyst Patrick De Haanwrote Monday that the tariffs combined with OPEC+ production hikes could lead gas prices “to fall below $3 per gallon.”)
Let’s also assume that this drop in gas prices does not cause people to drive more or buy less fuel-efficient vehicles. In that case, those same 700 gallons cost the average American $1,820, which would generate annual savings of $630 on average per household. If we went to the lowest price since the Russian invasion of Ukraine, about $3 per gallon, total consumption of 700 gallons would cost a household about $2,100, saving $350 per household per year.
That being said, $1,820 is a pretty low level for annual gasoline consumption. In 2021, as the economy was recovering from the Covid recession and before gas prices popped, annual gasoline expenditures only got as low as $1,948; in 2020 — when oil prices dropped to literally negative dollars per barrel and gas prices got down to $1.85 a gallon — annual expenditures were just over $1,500.
In any case, if you remember the opening paragraphs of this story, even the most generous estimated savings would go nowhere near surmounting the overall rise in prices forecast by the Yale Budget Lab. $630 is less than $3,800! (JPMorgan has forecast a more mild increase in prices of 1% to 1.5%, but agrees that prices will likely rise and purchasing power will decline.)
But maybe look at it this way: You might be able to drive a little more than you expected to, even as your costs elsewhere are going up. Just please be careful! You don’t want to get into a bad accident and have to replace your car: New car prices are expected to rise by several thousand dollars due to Trump’s tariffs.
With cars about to get more expensive, it might be time to start tinkering.
More than a decade ago, when I was a young editor at Popular Mechanics, we got a Nissan Leaf. It was a big deal. The magazine had always kept long-term test cars to give readers a full report of how they drove over weeks and months. A true test of the first true production electric vehicle from a major car company felt like a watershed moment: The future was finally beginning. They even installed a destination charger in the basement of the Hearst Corporation’s Manhattan skyscraper.
That Leaf was a bit of a lump, aesthetically and mechanically. It looked like a potato, got about 100 miles of range, and delivered only 110 horsepower or so via its electric motors. This made the O.G. Leaf a scapegoat for Top Gear-style car enthusiasts eager to slander EVs as low-testosterone automobiles of the meek, forced upon an unwilling population of drivers. Once the rise of Tesla in the 2010s had smashed that paradigm and led lots of people to see electric vehicles as sexy and powerful, the original Leaf faded from the public imagination, a relic of the earliest days of the new EV revolution.
Yet lots of those cars are still around. I see a few prowling my workplace parking garage or roaming the streets of Los Angeles. With the faded performance of their old batteries, these long-running EVs aren’t good for much but short-distance city driving. Ignore the outdated battery pack for a second, though, and what surrounds that unit is a perfectly serviceable EV.
That’s exactly what a new brand of EV restorers see. Last week, car site The Autopiancovered DIYers who are scooping up cheap old Leafs, some costing as little as $3,000, and swapping in affordable Chinese-made 62 kilowatt-hour battery units in place of the original 24 kilowatt-hour units to instantly boost the car’s range to about 250 miles. One restorer bought a new battery on the Chinese site Alibaba for $6,000 ($4,500, plus $1,500 to ship that beast across the sea).
The possibility of the (relatively) simple battery swap is a longtime EV owner’s daydream. In the earlier days of the electrification race, many manufacturers and drivers saw simple and quick battery exchange as the solution for EV road-tripping. Instead of waiting half an hour for a battery to recharge, you’d swap your depleted unit for a fully charged one and be on your way. Even Tesla tested this approach last decade before settling for good on the Supercharger network of fast-charging stations.
There are still companies experimenting with battery swaps, but this technology lost. Other EV startups and legacy car companies that followed Nissan and Tesla into making production EVs embraced the rechargeable lithium-ion battery that is meant to be refilled at a fast-charging station and is not designed to be easily removed from the vehicle. Buy an electric vehicle and you’re buying a big battery with a long warranty but no clear plan for replacement. The companies imagine their EVs as something like a smartphone: It’s far from impossible to replace the battery and give the car a new life, but most people won’t bother and will simply move on to a new car when they can’t take the limitations of their old one anymore.
I think about this impasse a lot. My 2019 Tesla Model 3 began its life with a nominal 240 miles of range. Now that the vehicle has nearly six years and 70,000 miles on it, its maximum range is down to just 200, while its functional range at highway speed is much less than that. I don’t want to sink money into another vehicle, which means living with an EV’s range that diminishes as the years go by.
But what if, one day, I replaced its battery? Even if it costs thousands of dollars to achieve, a big range boost via a new battery would make an older EV feel new again, and at a cost that’s still far less than financing a whole new car. The thought is even more compelling in the age of Trump-imposed tariffs that will raise already-expensive new vehicles to a place that’s simply out of reach for many people (though new battery units will be heavily tariffed, too).
This is no simple weekend task. Car enthusiasts have been swapping parts and modifying gas-burning vehicles since the dawn of the automotive age, but modern EVs aren’t exactly made with the garage mechanic in mind. Because so few EVs are on the road, there is a dearth of qualified mechanics and not a huge population of people with the savvy to conduct major surgery on an electric car without electrocuting themselves. A battery-replacing owner would need to acquire not only the correct pack but also potentially adapters and other equipment necessary to make the new battery play nice with the older car. Some Nissan Leaf modifiers are finding their replacement packs aren’t exactly the same size, shape or weight, The Autopian says, meaning they need things like spacers to make the battery sit in just the right place.
A new battery isn’t a fix-all either. The motors and other electrical components wear down and will need to be replaced eventually, too. A man in Norway who drove his Tesla more than a million miles has replaced at least four battery packs and 14 motors, turning his EV into a sort of car of Theseus.
Crucially, though, EVs are much simpler, mechanically, than combustion-powered cars, what with the latter’s belts and spark plugs and thousands of moving parts. The car that surrounds a depleted battery pack might be in perfectly good shape to keep on running for thousands of miles to come if the owner were to install a new unit, one that could potentially give the EV more driving range than it had when it was new.
The battery swap is still the domain of serious top-tier DIYers, and not for the mildly interested or faint of heart. But it is a sign of things to come. A market for very affordable used Teslas is booming as owners ditch their cars at any cost to distance themselves from Elon Musk. Old Leafs, Chevy Bolts and other EVs from the 2010s can be had for cheap. The generation of early vehicles that came with an unacceptably low 100 to 150 miles of range would look a lot more enticing if you imagine today’s battery packs swapped into them. The possibility of a like-new old EV will look more and more promising, especially as millions of Americans realize they can no longer afford a new car.