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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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USTR Decides Against Section 301 Investigations of Israel, Dom Rep
July 15, 2011 by Barbara Chaves|Top News

The Office of the U.S. Trade Representative has announced decisions not to initiate two “Section 301” investigations1. The decisions are in response to separate petitions filed in May 2011 requesting investigation of alleged: (i) misconduct by the Government of Israel during the negotiation in the 1980s of the U.S.-Israel Free Trade Agreement; and (ii) expropriations without adequate compensation by the Dominican Republic, resulting in an alleged breach of the Dominican Republic’s obligations under the DR-CAFTA2, etc.

U.S. Terminates All 100% Duties in EU Beef Hormone Dispute
May 27, 2011 by Barbara Chaves|Top News

The Office of the U.S. Trade Representative has announced that it is terminating all of the remaining 100% duty rates imposed on certain products of European Union countries as a result of the EU’s failure to comply with the 1999 World Trade Organization rulings in the EU-U.S beef hormones dispute. The USTR states that it is taking this action due to a 2010 court ruling, even though the 100% duty rates had been set to expire in August 2012 under an agreement reached with the EU.

Topics:Customs duty, Drawback, World Trade Organization (WTO)
Super 301 Trade Enforcement Priorities Act Introduced in Senate
April 5, 2011 by Cindy Arevalo|Congress

On March 31, 2011, Senator Brown (D) and two co-sponsors1 introduced S. 708, the Trade Enforcement Priorities Act of 2011, a bill to give the federal government more authority to address trade barriers that undermine U.S. workers and domestic manufacturing by reinstating “Super 301” authority.

Domestics Say Preferences and WTO Action Are Remedies for 301 Investigation on China Green Practices
January 5, 2011 by Barbara Chaves|Top News

The following are highlights of the 75 comments received in response to the Office of the U.S. Trade Representative’s October 2010 request for comments on its initiation of a Section 301 investigation1 on China’s green technology trade and investment practices. Most of the domestic industry comments suggested remedies for these practices.

Topics:World Trade Organization (WTO)
New Excise Tax on Foreign Procurement Signed into Law
January 4, 2011 by Cindy Arevalo|Congress

On January 2, 2011, the President signed into law H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 2010. As enacted, H.R. 847 contains a new excise tax on foreign procurement which was opposed by several trade groups.