ARTICLE
5 September 2024

Foley Automotive Update

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Foley & Lardner

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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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Analysis by Julie Dautermann, Competitive Intelligence Analyst

Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology. Contact the authors, your Foley relationship partner, or our Automotive Team to discuss and learn more.

Key Developments

  • New UAW  contracts that raise wages and benefits at automotive suppliers could have broader impact on the supply base, according to a report in  Crain's Detroit.
  • Delays or revisions of certain EV investments are expected to help automakers conserve cash and provide time to lower EV-related production costs. However, these spending and production changes “will hurt major parts suppliers, which have to adjust their businesses,” according to analysts featured in  The Wall Street Journal.
  • U.S. new light-vehicle sales are projected to rise 7% year-over-year and reach a SAAR of 15.2 million units in August,  according to a  forecast from S&P Global Mobility. Battery-electric vehicle sales are expected to reach 8.1% of total new light-vehicle sales  in August, and this is similar to the BEV share in July.
  • J.D. Power  expects BEVs  to account for 9% of total U.S. new light-vehicle sales in 2024, down from a previous forecast of 12.4%, and up from 7.6% of total sales in 2023. The forecast also predicts BEVs will represent 36% of U.S. new-vehicle sales by 2030.
  • Hybrid, plug-in hybrid and battery-electric vehicles collectively represented 19% of total new light-vehicle sales in the U.S. in the first half of 2024
  • The Office of the U.S. Trade Representative  could issue a final determination “in the coming days” on Section 301 tariff increases for Chinese goods that include EVs and lithium-ion batteries. The Biden administration first announced the tariffs in  May 2024.
  • Both Republicans and Democrats are  expected to continue to use tariffs to address trade and geopolitical issues, regardless of the outcome of the 2024 presidential election. Former President Donald Trump  stated he could implement a 10% across-the-board duty on imported goods and a 60% tariff on goods from China. While Vice President Kamala Harris has not provided many details on her potential trade policies, she emphasized that a universal 10% tariff would  raise consumers' expenses.
  • Canada  plans to impose a 100% tariff on imports of EVs made in China, and tariffs of 25% on certain imported steel and aluminum products.

OEMs/Suppliers

  • Ford  will modify certain diversity, equity and inclusion initiatives, and end participation in surveys such as the Human Rights Campaign's Corporate Equality Index, according to a report in  The Detroit News.
  • Volvo  will invest approximately $700 million to establish a new North American heavy-duty truck factory in Monterrey, Mexico.
  • Volkswagen is  considering plant closures in Germany for the first time in the company's history due to market challenges that include reduced vehicle sales, large investments required to produce EVs, and increased competition from Chinese automakers.

Electric Vehicles and Low Emissions Technology

  • The number of plug-in hybrid models available for purchase in the U.S. has  nearly doubled since 2019.
  • The U.S. Department of Transportation on August 27  announced $521 million in grants to establish over 9,200 EV charging ports and build alternative-fueling infrastructure across 29 states, eight tribal areas, and the District of Columbia. The number of publicly available EV charging ports is estimated at 192,000, and this reflects growth of over 60% since the start of the Biden-Harris administration.
  • GM  GM  Bloomberg.
  • Volkswagen  will reassess a previous plan to establish six battery cell plants by 2030. In the near term, the automaker intends to focus on its upcoming battery plants in Salzgitter, Germany, Valencia, Spain and Ontario, Canada.
  • GM  postponed until year-end a $330 million second tranche of investment intended to support development of the Thacker Pass lithium mining project in Nevada.

Automated, Autonomous or Connected Vehicles Technologies

  • The Wall Street Journal provided an update of key challenges that AI-driven vehicles will pose to engineers, programmers and other stakeholders.
  • Uber and GM's self-driving unit Cruise  will launch a service in 2025 that will allow customers to book robotaxis on the ride-sharing platform. Cruise recently resumed service in Houston, Phoenix and Dallas with safety drivers present in vehicles.
  • Chinese robotaxi operator WeRide Inc delayed plans for a U.S. initial public offering, and stated more time is required to complete transaction documents.

Market Trends and Regulatory

  • The National Highway Traffic Safety Administration  closed an investigation into inappropriate hard braking and sudden stops by Cruise vehicles. Federal agencies that include NHTSA are still investigating reports that Cruise vehicles encroached on pedestrians in certain areas.
  • The 5G Automotive Association  urged the Federal Communications Commission  to schedule a vote on rules to support cellular vehicle-to-everything (C-V2X) technology in the 5.9 gigahertz band.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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