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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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Section 301 Tariffs Cannot Stand on 'Conclusory and Post Hoc Rationales,' Plaintiffs Tell Trade Court
December 6, 2022 by Jacob Kopnick|Top News

DOJ briefs in the massive Section 301 litigation don't demonstrate that the Office of the U.S. Trade Representative considered "major objections contemporaneously with its decisions" to impose the lists 3 and 4A tariffs, the plaintiffs argued in a Dec. 5 reply brief at the Court of International Trade. While USTR relies on presidential direction as the post hoc justification of its decisions, the court already ruled that out as a means of satisfying the Administrative Procedure Act, the brief said. To now satisfy the APA, the U.S. may take new action, but the lists 3 and 4A tariffs may not stay in place based on "conclusory and post hoc rationales," the plaintiffs said (In Re Section 301 Cases, CIT #21-00052).

Topics:Section 301 tariffs, Customs duty, Court of International Trade