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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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Vehicle Side Bar Exporter Says Section 301 Tariff Exclusion Not Principal Use Provision
April 11, 2024 by Kathryn Nucci|Litigation

An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).

Topics:Country of origin cases, Harmonized Tariff Schedule, Section 301 tariffs
Former USTR General Counsel Joins Wiley as Partner
April 10, 2024 |Trade People

Greta Peisch, former general counsel for the Office of the U.S. Trade Representative, has joined Wiley Rein as a partner in the International Trade Practice, the firm announced. At USTR, Peisch led the office's "enforcement agenda," including World Trade Organization and trade agreement disputes and Section 201 and Section 301 proceedings, the firm said. Before joining USTR, Peisch served as senior international trade counsel for the Senate Finance Committee.

Topics:Section 301 tariffs
Importer Dismisses Customs Suit on Boronized Steel Tubing
March 22, 2024 by Jacob Kopnick|Litigation

Importer Maple Leaf Marketing filed a stipulation of dismissal in its customs suit on the classification of boronized steel tubing. Before the dismissal, the case served as a forum for the government to argue that it could assert counterclaims in customs cases. The U.S. moved to redesignate its counterclaim as a defense, which the Court of International Trade granted after finding that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the government assert a counterclaim challenging CBP's classification (see 2306140053). The original counterclaim said that the steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs, are subject to Section 301 tariffs and correctly classified as unfinished steel tubes (Maple Leaf Marketing v. United States, CIT # 20-03839).

Topics:Court of International Trade activity, Country of origin cases, Section 301 tariffs
Ball Bearings Exporter Asks CIT to Reject Partial AFA or Grant Separate Rate
March 7, 2024 by Kathryn Nucci|Litigation

Another ball bearings exporter threw its complaint into the ring March 5 to contest a recent antidumping duty administrative review. It alleged that the Commerce Department unnecessarily applied partial adverse facts available and needlessly conducted a pricing differential analysis for the mandatory respondent (Zhejiang Jingli Bearing Technology Co. v. U.S., CIT # 24-00038).

Topics:Section 301 tariffs, Differential Pricing Analysis, Antidumping Surrogate Values