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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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ITC Issues Revision 11 to 2023 HTS, Extends Section 301 Exemptions
September 22, 2023 by Ben Perkins|Other U.S.

The International Trade Commission recently released Revision 11 to the 2023 Harmonized Tariff Schedule, which extended the dates of subheadings 9903.88.67 and 9903.88.68 through Dec. 31. Both subheadings cover product exclusions from Section 301 tariffs. The 67 subheading covers a variety of pumps, actuators and other mechanical appliances of Chapters 84, 85, 86, and 90. The 68 subheading covers a variety of medical devices.

Topics:Harmonized Tariff Schedule
Tai Pushing for Steel Deal to Arrive on Schedule
September 22, 2023 by Mara Lee|Top News

U.S. Trade Representative Katherine Tai, speaking by video link at an Atlantic Council/Atlantik-Brücke program in Berlin Sept. 22, said she remains "very hopeful that we will have something to show the rest of the world in the next six-week period" as EU and U.S. negotiators continue to try to harmonize both trade defenses and approaches to privileging trade in green steel and aluminum.

Topics:Section 301 tariff exclusions, Customs duty
GSP Renewal Hearing Covered CNL Reform, Stricter ROO, Eligibility Rules
September 21, 2023 by Mara Lee|Top News

House Ways and Means Trade Subcommittee Chairman Adrian Smith, R-Neb., underscored the need to lower tariffs through the Generalized System of Preferences benefits program for American businesses during high inflation at a hearing on reforming GSP, and asked his colleagues to "move forward with open minds and the urge to get things done."

Topics:Customs duty, Generalized System of Preferences (GSP)
CIT Decision Calls Finality of Liquidation Into Question for Non-CBP Cases, Law Firm Says
September 18, 2023 by Jacob Kopnick|Penalties and Courts

Liquidation may not be final in cases where CBP is "acting at the behest of another agency," law firm Neville Peterson said in a Sept. 13 blog post commenting on the Court of International Trade's ruling in AM/NS Calvert v. U.S. In that decision, the trade court entries subject to Section 232 steel and aluminum duties may not be final, given that the case contests the applications of product-specific exclusions granted by the Commerce Department and not by CBP (see 2309070037).

Topics:Customs duty, Court of International Trade, Section 232 Tariffs
Tube Mills Classified as 'Machine Tools' Despite Use of Rollers, CBP Says
September 15, 2023 by Ben Perkins|Top News

A direct forming hollow section line or “tube mill" is correctly classified under Harmonized Tariff Schedule of the U.S. heading 8462 as a machine tool rather than under heading 8455 as a metal-rolling mill, according to a recently released CBP ruling. The ruling came in response to an application for further review of a denied protest filed by Dundee Products.

Topics:Customs duty, CBP CROSS Rulings