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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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Foreign Affairs Subcommittee Talks Tariffs, Anti-Coercion Bill
May 19, 2023 by Mara Lee|Congress

The leaders of the House Foreign Affairs Subcommittee on the Indo-Pacific are trying to pass legislation to give the president the ability to respond to economic coercion of allies, but Chair Young Kim, R-Calif., asked witnesses at a subcommittee hearing she convened to advise what else could be done to stand up to China's economic aggression.

WITA Panelists Say Scalpel, Not Sledgehammer Needed for Additional China Tariffs
May 19, 2023 by Mara Lee|Top News

Although experts gathered to talk about what legislative initiatives a House select committee on China might recommend, and they did that, they couldn't resist speculating about what the Biden administration will do to confront China's broken promises to liberalize and open up. The program, organized by the Washington International Trade Association, was held May 19.

Topics:Permanent normal trade relations (PNTR) , Trump tariffs
ITC Issues Revision 5 to 2023 HTS, Extending Four COVID Section 301 Exclusions
May 18, 2023 by Ben Perkins|Other U.S.

The International Trade Commission recently released Revision 5 to the 2023 Harmonized Tariff Schedule, which extended four COVID-related product exclusions covered by secondary subheading 9903.88.66 until June 1, 2023 (see 2305120054). Those products are currently exempted from additional duties imposed by Section 301 tariffs of 25% under subheading 9903.88.01.

Topics:Harmonized Tariff Schedule, Customs duty
Chinese Motors Not 'Substantially Transformed' Into Actuator Cable Assembles in Mexico, CBP Rules
May 16, 2023 by Ben Perkins|Top News

Actuator cable assemblies assembled in Mexico from Chinese motors and various parts from China, Taiwan, the U.S. and Mexico are products of China based on the motor's predetermined end use, CBP said in a recent ruling -- the first publicly released that cites the Court of International Trade's recent decision in an origin case involving Cyber Power (see 2302270064).

Topics:U.S. Trade Representative (USTR), Customs duty, Court of International Trade, CBP CROSS Rulings