The following lawsuits were filed at the Court of International Trade during the week of Nov. 15-21:
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.
At a hearing on supply chain challenges, the committee chairman described deregulation and disinvestment as two root causes, panelists cited overregulation and labor shortages, and there was intense disagreement between the parties on whether the surge in demand for imports was the result of foolish policy or wise economic support for households during the pandemic.
The China package passed by the Senate -- which includes instructions to reopen Section 301 tariff exclusion applications, and a renewal of both the Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill -- will go to a conference committee to reconcile the Senate bill with various pieces of House legislation, one of which changes the burden of proof on goods from Xinjiang. None of the House bills touches on tariffs, and none offers funding for chipmakers, a centerpiece of the Senate bill. Senate Majority Leader Chuck Schumer, D-N.Y. had earlier planned to attach the China package to the must-past National Defense Authorization Act, but after Republican opposition, they decided this was a better way to get the House-Senate talks going.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 8-14:
The Office of the U.S. Trade Representative will extend the exclusions from Section 301 China tariffs on goods used to treat COVID-19 for six months, it said in a notice posted on the agency's website. The exclusions were set to expire Nov. 30, but USTR said it will extend the 99 product exclusions to May 31.
The former minister counselor for trade affairs in the U.S. Embassy in Beijing told an audience that in the last few years, Chinese government officials "feel like they've outflanked us on the trade front." James Green, who was speaking on a Flexport webinar on the future of U.S.-China trade policy, said that officials were pleasantly surprised that the tariffs on most exports to the U.S. did not hurt their economy more. And, he said, between sealing the Regional Comprehensive Economic Partnership and applying to join the Trans-Pacific Partnership, they also feel like they have other options for exporting when things with the U.S. sour.
The Office of the U.S. Trade Representative will extend most of the exclusions from Section 301 China tariffs on goods used to treat COVID-19 for six months, it said in a notice posted on the agency's website. For the 81 exclusions being extended, the new expiration date is May 31, 2022. All the exclusions were slated to expire Nov. 14, but USTR is allowing a "transition period" and that expiration date will be Nov. 30, it said.
David Spooner, Washington counsel for the U.S. Fashion Industry Association, said that while the U.S. trade representative's China policy speech was underwhelming, he doesn't think the possibility of renewing 549 exclusions that expired at the end of last year will be the only olive branch to importers hurt by the China trade war. "Will we see other [expired] exclusions open to renewal? A new window open for exclusions? I hear 'yes.' When that will happen, and what that will look like, remains unclear," Spooner said at a virtual USFIA conference Nov. 9.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 1-7:
Watch and clock importers are required to include origin information about the components when subject to the Section 301 tariffs on goods from China, CBP said in an Nov. 8 CSMS message. "In circumstances where the band or case component in watches or clocks are made in China, if the band or case component(s) are not substantially transformed and are subject to Section 301 duties, then all of the components need to be constructively separated into their component parts and each component separately valued and reported on separate entry summary lines," CBP said.