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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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House Republicans Tell USTR to Open Section 301 Probe for Canadian DST
July 11, 2024 |Congress

Republicans on the House Ways and Means Committee are asking the Biden administration to open a Section 301 investigation on the discriminatory effects of Canada's recently enacted digital services tax. The administration earlier conducted investigations on other countries planning DSTs, but did not impose tariffs, as talks on a global taxation solution proceed.

Topics:USMCA
House Speaker Wants to Move de Minimis Bill
July 8, 2024 by Mara Lee|Top News

House Speaker Mike Johnson, R-La., said July 8 that he hopes to have a "significant package of China-related legislation" signed into law this year, including a provision that moved out of the House Ways and Means Committee that would make goods subject to Section 301 tariffs ineligible for de minimis treatment. All goods from China would have to enter with a 10-digit Harmonized Tariff Schedule classification code upon entry so that CBP could enforce the law. That bill also included new penalties for de minimis violations beyond forfeiture of the package (see 2404180068). Johnson said these changes would "rein in the de minimis privilege" that China is exploiting.