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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 Posts Public Version of Section 301 Petition on China's Green Technology Practices
September 13, 2010 by Barbara Chaves|Other U.S.

The Office of the U.S. Trade Representative has posted the public version of the Section 301 petition filed by the United Steelworkers Union regarding a broad array of Chinese green technology policies and practices that USW believes violate world trade rules and threaten the U.S. alternative and renewable energy sector. (See ITT's Online Archives or 09/10/10 news, 10091015, for BP summary of the petition.)

CIT Rules Certain Flavorings are Food Preparations and Not Broth
August 16, 2010 by Marie Rapport|Penalties and Courts

In Aromont USA Inc., v. U.S., the Court of International Trade determined that certain food flavorings (derived from veal, chicken, duck, lamb, beef, fish, lobster, mushroom or vegetable stock), imported from France should not be classified as soups or broths, but instead as unfinished food preparations, principally used as ingredients in gravies, sauces, and salad dressings.

Topics:Harmonized Tariff Schedule, Customs duty, Court of International Trade
New Bill on Section 301 Sanctions Against Foreign Internet Trade Barriers
July 12, 2010 by Cindy Arevalo|Top News

On July 1, 2010, Representative Lofgren (D) and 9 co-sponsors1 introduced H.R. 5694, the One Global Internet Act of 2010, to combat trade barriers that threaten the maintenance of a single, open, global Internet, mandate unique technology standards as a condition of market access and related measures; and to promote the free flow of information.

USTR May Reduce or Remove 10% Canada Softwood Lumber Duty
May 28, 2010 by Marie Rapport|Other Agency Postings

The Office of the U.S. Trade Representative has issued a notice seeking comment on the possible modification or termination of its April 2009 imposition of a 10% additional duty on imports of softwood lumber from certain Canadian provinces, as Canada is taking steps to address the situation through the imposition of a 10% export charge.