International Trade Today is providing readers with some of the top stories for Feb. 25 - March 1 in case they were missed.
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. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
General Electric, a major U.S. exporter, remains supportive of "the notion of trying to open markets," said Drew Quinn, director of trade policy at GE. But, the tariffs the U.S. is using to try to bludgeon China into a more open stance are worse than the status quo, he said. Quinn, who was speaking at a March 5 Washington International Trade Association program on Asia, said that tariffs are generally pretty low on the aircraft engines, MRI machines and turbines it sells. There aren't a lot of investment barriers, either. "The biggest issue for us is the host country's industrial policies, and how they favor their national champions," he said. But even there, Quinn said, GE has found a way to work with foreign countries where it has facilities, and has been able to participate in subsidies. "We may have a different and less absolutist position than some people."
A deal is shaping up with China that would lift most of the Section 301 tariffs on Chinese imports, according to a report from The Wall Street Journal . The article cautioned it could still fall apart over enforcement, or over political pressures on either side that the deal is too favorable to the other country. President Donald Trump tweeted that "I have asked China to immediately remove all Tariffs on our agricultural products (including beef, pork, etc.) based on the fact that we are moving along nicely with Trade discussions.... and I did not increase their second traunch [sic] of Tariffs to 25% on March 1st. This is very important for our great farmers - and me!"
Because of the input from industry, the direction of the president, and "progress of the additional rounds of negotiations" with China since December 2018, the Office of the U.S. Trade Representative has announced that the duty for about 5,700 tariff lines will remain at 10 percent "until further notice." List 3 of the Section 301 tariff action was originally due to increase to 25 percent on Jan. 1, 2019, and that increase was delayed until March 2 because of the status of negotiations. This latest announcement was expected, because President Donald Trump tweeted Feb. 24 that the increase would not happen (see 1902240001). The 10 percent rate of additional duty for about $200 billion worth of Chinese products went into effect Sept. 24, 2018. The USTR noted that the Section 301 statute authorizes his office "to modify or terminate any action being taken under Section 301" if the action is no longer appropriate."
The day after U.S. Trade Representative Robert Lighthizer told Rep. Jackie Walorski at a hearing that he still believes there's no need for exclusions from 10 percent tariffs on Chinese imports, she and Rep. Ron Kind have introduced a bill that would force him to put the process in place. Their bill -- which has a Senate companion written by Sen. James Lankford, R-Okla., and Sen. Chris Coons, D-Del. -- is called the Import Tax Relief Act.
U.S. Trade Representative Robert Lighthizer, who is leading the China trade talks, downplayed the possibility that President Donald Trump and Chinese President Xi Jinping will sign a trade agreement a month from now. Lighthizer, who testified before the House Ways and Means Committee Feb. 27, was asked by Chairman Richard Neal, D-Mass., if he sees a package coming in the next few weeks. "I’m not foolish enough to think there’s going to be one negotiation that’s going to change all the practices in China," Lighthizer replied. "At the end of this negotiation, if we’re successful, there'll be a signing." But that's the beginning of a long process to monitor China's compliance with what it promises to do.
CBP created Harmonized System Update (HSU) 1902 on Feb. 26, containing 40 Automated Broker Interface records and 11 harmonized tariff records, it said in a CSMS message. The update includes changes related to the delayed increase to Section 301 tariffs on goods from China. "Changes were made to extend the 10 percent duty rate" on Harmonized Tariff Schedule subheading 9903.88.03, the agency said. "This will allow for pre filing of entries at the 10 percent duty rate. Further updates are possible after the forthcoming Federal Register notice is published."
International Trade Today is providing readers with some of the top stories for Feb. 19-22 in case they were missed.
A domestic steel manufacturer filed petitions on Feb. 20 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on carbon and alloy steel wire rod from China, India, Taiwan and Thailand, and new countervailing duties on the same product from China and India. Commerce will now decide whether to begin AD/CVD investigations on carbon and alloy steel threaded rod that could eventually result in the assessment of AD/CV duties. The petition was filed by Vulcan Steel Products.
President Donald Trump will again postpone an increase to Section 301 tariffs on China that had been set to take effect March 1, he said Feb. 24 in a pair of tweets. The delay comes as a result of “substantial progress in our trade talks with China on important structural issues including intellectual property protection, technology transfer, agriculture, services, currency, and many other issues,” he said.