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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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CIT Releases Questions Ahead of Oral Arguments in Section 301 Litigation on Preliminary Injunction
June 15, 2021 |Litigation

The Court of International Trade is set to hold oral arguments over a key relief question in the massive Section 301 litigation on June 17. Chief Judge Mark Barnett sent out four questions to the parties in a June 14 letter concerning the following: (1) how uncertainty over the court's authority to provide relief establishes that the plaintiffs are likely to suffer irreparable harm without this relief, (2) cases in which the U.S. Court of Appeals for the Federal Circuit found that CIT did not determine appropriate relief, (3) how the first question is articulated by the Supreme Court decision Winter v. Natural Resources Defense Council and (4) the court's authority to enter a money judgment instead of reliquidation in the event the plaintiff's preliminary injunction prevails. The oral arguments will be held over the motion for a preliminary injunction filed by the plaintiffs to freeze the liquidation of unliquidated entries from China with lists 3 and 4A tariff exposure (see 2106070017).

Topics:Court of International Trade activity
Protests Needed for Retroactive Section 301 Duty Exclusions, CIT Says
June 14, 2021 by Brian Feito|Top News

Importers must file protests to preserve their ability to obtain refunds under exclusions from Section 301 tariffs, the Court of International Trade said in a June 11 decision. Dismissing a lawsuit from importers ARP Materials and Harrison Steel Castings, Judge Miller Baker found the court did not have jurisdiction to hear their challenge since the importers did not timely file protests of the CBP liquidations assessing the Section 301 duties.

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, Section 232 Exclusions
Court Sets June 17 Oral Argument on Section 301 Injunction
June 11, 2021 |Litigation

The U.S. Court of International Trade scheduled oral argument for 10 a.m. June 17 via Webex on the preliminary injunction Section 301 sample case plaintiffs HMTX Industries and Jasco Products seek to freeze the liquidation of unliquidated customs entries from China with lists 3 and 4A tariff exposure. Akin Gump lawyers for HMTX and Jasco last week asked for oral argument (see 2106070017). They filed for the injunction April 23 after the government refused to stipulate that the plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful. The Justice Department opposes the injunction.

Topics:Court of International Trade activity, Section 301 tariffs
Protests Needed for Retroactive Section 301 Duty Exclusions, CIT Says
June 11, 2021 |Bulletin

Importers must file protests to preserve their ability to obtain refunds under exclusions from Section 301 tariffs, the Court of International Trade said in a June 11 decision. Judge Miller Baker dismissed a lawsuit from importers ARP Materials and Harrison Steel Castings Co., finding the court did not have jurisdiction to hear their challenge since they did not timely file protests of the CBP liquidations assessing the Section 301 duties. The importers had filed their lawsuits under CIT's residual Section 1581(i) jurisdiction, but that provision was unavailable because the importers were actually challenging a CBP classification decision, CIT said.

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, Section 232 Exclusions
Oral Argument Is Sought on Injunction to Freeze Section 301 Liquidations
June 8, 2021 |Litigation

Akin Gump lawyers for the Section 301 sample case plaintiffs, HMTX Industries and Jasco Products, asked the Court of International Trade to hold oral argument on the preliminary injunction they seek to freeze the liquidation of unliquidated entries from China with lists 3 and 4A tariff exposure. “This unprecedented litigation concerns billions of dollars, over 3,800 separate lawsuits, and an even larger number of individual plaintiffs,” their June 4 motion said. They filed for the injunction April 23 after the government refused to stipulate that the plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful. The government opposes the injunction and stands by its refusal of the stipulation due to the “uncertainty” of the case law on refund relief, it said May 14 (see 2105170007).

Topics:Court of International Trade activity, Section 301 tariffs