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Section 301 tariffs

Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.

The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions -- particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.

The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Subsequent rounds of Section 301 actions against China have continued since. The Office of the U.S. Trade Representative administers Section 301 tariffs, and has also created an exclusion process for importers to seek exemptions from the tariffs.

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Witnesses Recommend Requiring Importers to Trace Origin of Chips in Products
June 6, 2025 by Mara Lee|Top News

Expert witnesses testified that the Harmonized Tariff Schedule code needs to be refined so that different sizes of semiconductor chips have their own numbers, and, more radically, suggested that the best way to mitigate overdependence on China for legacy chips is to require importers to report where the chips were designed and fabricated within products they are importing.

Topics:U.S. Trade Representative (USTR), Customs duty
PNTR Bill Author Says Non-Strategic Goods Should Have Lower Rate
June 3, 2025 by Mara Lee|Congress

House Select Committee on China Chairman John Moolenaar, R-Mich., said his vision of revoking Permanent Normal Trade Relations status for China is not to move Chinese goods to Column 2, but to create a new tariff schedule just for Chinese goods, with high rates reserved for strategic goods. Moolenaar, who has sponsored legislation to end PNTR (see 2501240061), described the approach he'd like to see at a Center for a New Security conference June 3.

Topics:Section 301 tariff exclusions, Customs duty, Permanent normal trade relations (PNTR)