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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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Bessent: 'We'll See' on EU Deal, More Agreements Before July 9
July 3, 2025 by Mara Lee|Top News

Treasury Secretary Scott Bessent said in an interview with CNBC on July 3 that the Vietnam deal is "finalized in principle" and that 20% will replace the current 10% reciprocal tariff. As for which goods will be subject to 40% tariffs, Bessent didn't add any clarity. "A huge amount of the trade that comes from Vietnam is what’s called transshipment from China," he said. "We’ll see what happens with the transshipment."

Importer Says Frozen Eel Entries Aren't Transformed in China, Remain US Products
June 27, 2025 by Jacob Kopnick|Penalties and Courts

Importer American Eel Depot filed a pair of complaints at the Court of International Trade on June 27 to contest CBP's classification of its frozen roasted eel under Harmonized Tariff Schedule subheading 1604.17.10 and secondary subheading 9903.88.03, subjecting the goods to Section 301 duties. The company argued that its goods aren't products of China but, in fact, have a country of origin of the U.S. (American Eel Depot v. United States, CIT # 21-00278, -00279).

Topics:Customs duty, Court of International Trade
Experts: If IEEPA Tariffs Struck Down, Tariffs Still Will Rise
June 27, 2025 by Mara Lee|Top News

Two former general counsels from the Office of the U.S. Trade Representative disagreed sharply about the need for the current aggressive tariff hikes. But Jennifer Hillman, who is helping to write amicus briefs for members of Congress challenging the legality of International Emergency Economic Powers Act tariffs, and Steven Vaughn, who served in the first Trump administration, agree what would happen if the current administration loses the case.

Topics:Customs duty, Court of International Trade, Reciprocal tariffs
House Dems Ask Administration to Exempt Baby Goods From China Tariffs
June 26, 2025 |Congress

Rep. Ayanna Pressley, D-Mass., and 25 other House Democrats asked Treasury Secretary Scott Bessent to tell them by July 10 whether the administration is going to carve out baby products from tariffs on Chinese goods. In a letter publicized June 26, the members noted that Bessent said exempting baby products was under consideration on May 7, and that the president also said he would "take a look at it" in response to questions that day.

Topics:Section 301 tariff exclusions
Importer Says Its Steel Wire Is Product of Japan Under Prior Use of 'Substantial Transformation' Test
June 13, 2025 by Jacob Kopnick|Penalties and Courts

Importer Monarch Metals told the Court of International Trade that its stainless steel wire imports are products of Japan and not China, meaning its goods were improperly subjected to Section 301 and Section 232 tariffs. In a complaint filed June 13, Monarch Metals said that under CBP's prior application of the substantial transformation test to steel wire, no substantial transformation occurs by drawing steel rod into steel wire (Monarch Metals v. United States, CIT # 24-00266).

Topics:Customs duty, Court of International Trade