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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 1 to 2023 HTS, Including Extension of COVID Exclusions
February 21, 2023 by Ben Perkins|Other U.S.

The International Trade Commission posted Revision 1 to the 2023 Harmonized Tariff Schedule. The update includes a technical correction to the USMCA rules of origin and a minor correction for organic surface-active agents (other than soap). The update also implements the extension through May of exclusions from Section 301 tariffs for 81 medical care products related to COVID-19 (see 2302020065) and implements corrections to descriptions and tariff numbers of two other Section 301 exclusions (see 2302090027). Also, the update removes Western Sahara from country designations and codes in the statistical annexes.

Topics:USMCA
USTR Makes Technical Fixes to 2 Section 301 Exclusions
February 9, 2023 |USTR

The Office of the U.S. Trade Representative is amending two exclusions from Section 301 tariffs to correct the description of one and conform the tariff number to recent tariff schedule changes of the other, it said in a notice. The affected exclusions are found at U.S. Notes 20(ttt)(iv)(42) and 20(ttt)(iii)(36) to subchapter III of Chapter 99. Both exclusions were recently extended through September 2023 (see 2212160052).

Trade Subcommittee Chairman Open to CNL Reform, Anxious for GSP and MTB Renewal
February 8, 2023 by Mara Lee|Top News

The head of the Ways and Means Committee's Trade Subcommittee said that the Generalized System of Preferences benefits program never should have lapsed for two years, and he believes there's interest among House Democrats and Republicans "to get this done in a direct fashion that is timely and useful."

Topics:Section 301 tariff exclusions, Generalized System of Preferences (GSP), African Growth and Opportunity Act (AGOA)
CIT Hears Arguments Over USTR's APA Compliance in Considering Comments on Section 301 Tariffs
February 7, 2023 by Jacob Kopnick|Top News

The Court of International Trade held oral arguments on Feb. 7 in the massive litigation over the lists 3 and 4A Section 301 tariffs. During the nearly two-hour affair, Judges Mark Barnett, Claire Kelly and Jennifer Choe-Groves probed the parties' positions on whether the Office of the U.S. Trade Representative complied with the Administrative Procedure Act by properly considering comments made on the proposed tariffs when imposing the duties on $500 billion of Chinese goods (In Re Section 301 Cases, CIT # 21-00052).

Topics:Customs duty, Court of International Trade