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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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Apparel Trade Groups, Haitian Producers Pushing for Caribbean Basin Trade Partnership Renewal
August 31, 2020 by Mara Lee|Top News

With a month left to go before the expiration of the Caribbean Basin Trade Partnership Act benefits program, some lobbyists are starting to worry that a renewal won't get done. Beth Hughes, vice president of trade and customs policy for the American Apparel and Footwear Association, said Aug. 31 that her organization has been contacting the trade staffers at the Senate Finance Committee and House Ways and Means Committee since April or May, reminding them that the expiration is coming up. About a month ago, the trade staffers from both chambers were telling her that while they are aware of the deadline, they wanted to make sure that the administration supports renewal.

Topics:Customs duty, Forced Labor
Many List 4 Section 301 Tariff Exclusions Set to Expire Sept. 1
August 31, 2020 |Bulletin

Over half of all exclusions from list four Section 301 China tariffs are now set to expire Sept. 1, after the Office of the U.S. Trade Representative did not include them in a notice of extensions released the day before their slated expiration. In the notice, USTR granted extensions until Dec. 31 to only 87 of the over 200 list four exclusions published to date. That leaves over 100 exclusions to expire on schedule.

Topics:Section 301 tariff exclusions, Entry Type 86 , Customs duty
US, China Hold Phase One Trade Deal Update Call
August 25, 2020 by Mara Lee and Ian Cohen|Top News

After the first high-level review of the phase one trade deal, the principals talked about progress and ensuring the success of the U.S.-China trade agreement, but some believe the happy talk can't obscure that China and the U.S. are disentangling their mutual dependency in tech goods and services. “There is a re-alignment that is happening in real time,” Rideau Potomac Strategy Group President Eric Miller said in an Aug. 25 phone interview, the day after the call. U.S. and Chinese trade officials reemphasized their commitment to the phase one agreement during the Aug. 24 call, the Office of the U.S. Trade Representative said.

Topics:U.S. Trade Representative (USTR)