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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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Importer Kicks Off Classification Row Over Hoverboards
October 18, 2021 by Jacob Kopnick|Litigation

Electric scooters, known has hoverboards, were assessed duties under the wrong Harmonized Tariff Schedule subheading upon entry into the U.S., importer 3BTech said in an Oct. 15 complaint at the Court of International Trade. Kicking off litigation in its customs battle, 3BTech argued that even if CBP's HTS subheading of choice is correct, the products were granted Section 301 China tariff exclusions (3BTech, Inc. v. United States, CIT #20-00159).

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, Harmonized Tariff Schedule
CIT Has Jurisdiction to Hear Case Over Lack of Full Section 301 Refunds, Importer Argues
October 13, 2021 by Jacob Kopnick|Litigation

The Court of International Trade has jurisdiction to hear a case over CBP's failure to issue full Section 301 refunds, importer FD Sales Company argued in an Oct. 8 reply brief. Although CBP "approved" the importer's protest covering 60 entries seeking the refunds, FD Sales argued that the protest was effectively denied when CBP failed to fully grant the refunds, thus giving CIT jurisdiction under Section 1581(a) (FD Sales Company, LLC v. United States, CIT #21-00224).

Topics:Court of International Trade activity, Country of origin cases