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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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Rulemaking to Remove Section 301 Tariff Goods from De Minimis Coming
September 13, 2024 |Bulletin

The Biden administration will issue a notice of proposed rulemaking to forbid all goods subject to major trade actions, including Section 301 tariffs, from de minimis entry, the White House announced. It will also issue a notice of proposed rulemaking to require information submissions for de minimis packages, including the 10-digit HTS code and the person receiving the goods.

301 Tariffs on a Variety of Goods to Increase Sept. 27
September 13, 2024 by Mara Lee|Bulletin

Imports from China of electric vehicles, EV batteries, solar cells and wafers, face masks, needles and syringes, critical minerals and steel and aluminum will all be hiked Sept. 27, the Office of the U.S. Trade Representative announced Sept. 13, as part of a longer-term modification of Section 301 duties.

Topics:Section 301 tariff exclusions, U.S. Trade Representative (USTR), Entry Type 86 , Customs duty, Section 232 Tariffs
Trump Brushes Aside Tariff Criticism During Debate
September 11, 2024 |White House

Vice President Kamala Harris called the former president's idea of imposing tariffs on imports from all countries "the Trump sales tax" during the Sept. 10 presidential debate, saying it would increase the cost of everyday goods by 20%.

Desire for de Minimis Solution Bipartisan on House Ways and Means Committee
September 10, 2024 by Mara Lee|Top News

House Ways and Means Trade Subcommittee Chairman Adrian Smith, R-Neb., said members of Congress have a wide range of views "of what the reaction should be" to compliance weaknesses in de minimis shipments. "But I think we need to continue the conversation and look for solutions that can generate the results we need," he said. Smith said he thinks Congress can pass a de minimis bill this year.

Topics:Customs duty