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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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As Section 301 List 4A Tariff Notice Hits Two-Year Anniversary, CIT Filings Pace Ticks Up
August 23, 2021 by Paul Gluckman|Top News

There’s been a steady recent uptick in the volume of Section 301 complaints at the Court of International Trade, but lawyers with active cases told us they're not sure if that has anything to do with the two-year anniversary of the Federal Register notice on Aug. 20, 2019, that put the List 4A tariffs into effect on Sept. 1, 2019, on goods from China. All the roughly 3,800 complaints inundating the court, and counting, seek to vacate the lists 3 and 4A tariffs and get the paid tariffs refunded on grounds that the duties are unlawful under the 1974 Trade Act and violate 1930 Administrative Procedure Act protections against sloppy rulemakings.

Topics:Court of International Trade activity, Country of origin cases
Court to Hold Sept. 1 Status Conference on Section 301 Repository
August 19, 2021 by Paul Gluckman|Litigation

The U.S. Court of International Trade, per an order Aug. 18, scheduled a status conference in the Section 301 litigation for 10 a.m. on Sept. 1, two days before CBP is required to create a repository for importers to request liquidation suspensions of customs entries from China with lists 3 or 4A tariff exposure. The court has extended the deadline three times since ordering CBP to establish the repository in its July 6 preliminary injunction order (see 2108170049). The plaintiffs’ steering committee and the Department of Justice negotiated agreements on some previously contested terms for setting up the repository but are still far apart on others.

Topics:Court of International Trade activity
Court Extends Section 301 Liquidation Injunction, Repository Deadline
August 18, 2021 |Litigation

The Court of International Trade extended to Oct. 4 from Sept. 2 the preliminary injunction preventing the liquidation of unliquidated customs entries with Section 301 lists 3 or 4A tariff exposure, said an order signed late Aug. 16 by Judges Claire Kelly and Jennifer Choe-Groves. The judges also extended to Sept. 3 from Aug. 20 the deadline for CBP to create a repository for the subject customs entries. It’s the court's third deadline extension since Kelly and Choe-Groves ordered CBP to establish the repository in a July 6 preliminary injunction order.

Topics:Court of International Trade activity, Country of origin cases, Section 301 tariffs