Supply chain disruptions due to China's lockdown to contain the coronavirus pandemic may end up not being as relevant as the worldwide economy shudders and stalls. Kurt Tong, former consul general to Hong Kong and a business consultant with the Asia Group, told reporters March 16: “You can have supply chain shocks that are being masked by the fact that there’s no demand for the goods.” He said the abrupt reversal of economic activity means “shipments are going to come down.” Tong and others were speaking on a webinar about trade and the coronavirus.
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.
The Office of the U.S. Trade Representative issued new medical supply product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs "are reflected in 19 specially prepared product descriptions, which cover 39 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, speaking to reporters on a conference call March 10, addressed his participation in a friend of the court brief by saying that he hasn't turned away from the idea of legislating in favor of lawsuits. Grassley, along with the top Democrat on his committee and other senators, entered a friend of the court brief designed to force the administration to publish its report on why imported autos and auto parts are a threat to national security (see 2003090034). He said both the law that contains Section 232 and the law that allowed for the Section 301 tariffs on China need to be fixed to give Congress more say on tariff policy. “I think we can do more in the legislative approach than you can in the courts, but we’re looking at both,” he said. “You take every opportunity you can to make sure the Constitution is followed.”
The International Trade Commission recently issued Revision 5 to the 2020 Harmonized Tariff Schedule. The new version implements recent changes to Section 301 tariffs on the European Union related to the Boeing-Airbus dispute at the World Trade Organization (see 2002180040). New subheading 9903.89.52 is added for newly tariffed knives from the United Kingdom and Germany. Subheading 9903.89.05 should be amended to increase the tariff on new airplanes from France, Germany, Spain and the U.K. from 10% to 15%, but the change was not actually made in the tariff schedule. Notes 21(a), (g) and (q) are amended to reflect the changes, including the removal of a classification for blended Scotch and Irish whiskies that carried no additional duty. These changes took effect March 5.
The COVID-19 outbreak will have “a longer and larger impact” on imports at major U.S. retail container ports than previously thought, the National Retail Federation said March 9. “Factory shutdowns and travel restrictions in China continue to affect production,” it said. Though plants continue to come back online, “there are still issues affecting cargo movement, including the availability of truck drivers to move cargo to Chinese ports,” it said. “Uncertainty has expanded exponentially.” NRF canvassed its membership and found 40% are seeing disruptions to their supply chains, and another 26% “expect to see disruptions as the situation continues,” it said. U.S. retail ports handled 1.82 million 20-foot-long cargo containers or their equivalents in January, up 5.7% from December, but down 3.8% from January 2019, when the Section 301 tariffs spurred “unusually high numbers” of imports, NRF said. It estimates February port activity will be 12.6% lower than a year earlier and is forecasting an 18.3% decline in year-over-year March volume.
The Office of the U.S. Trade Representative will grant a series of medical product exclusions from List 4 Section 301 tariffs on products from China, it said in a pre-publication copy of a notice. The new exclusions, which are based on 59 separate exclusion requests, cover eight Harmonized Tariff Schedule subheadings: 3401.19.0000, 3926.90.9910, 4015.19.0550, 4818.90.0000, 6210.10.5000, 6307.90.6090, 6307.90.6800 and 6307.90.9889.
CBP has assessed about $59 billion in duties under the major trade remedies started during the Trump administration as of March 4, according to CBP's trade statistics page. That includes $47.8 billion in duties from the Section 301 tariffs on goods from China, and $335 million in Section 301 tariffs on goods from the European Union. CBP also has assessed about $6.8 billion under the Section 232 tariffs on steel and $2 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines, washing machine parts and solar cells account for $1.6 billion in assessed tariffs. CBP's statistics account for refunds provided to importers.
The Office of the U.S. Trade Representative issued new medical supply product exclusions from the fourth group of Section 301 tariffs on goods from China. The new exclusions from the tariffs "are reflected in 8 10-digit HTSUS subheadings, which cover 59 separate exclusion requests," according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, told reporters March 3 that he still wants to advance legislation that would reform Section 232 -- and he suggested that a greater congressional role might be warranted for Section 301, as well. “I want to move 232 and a number of members of my Finance Committee have talked to me about doing it,” he said, immediately adding that the bill is not an attack on President Donald Trump. He said that while the president's use of tariffs has shown Congress the shortcomings of the laws that allowed national security tariffs on steel and massive tariffs on China, his interest is in reasserting some congressional prerogatives on trade.
The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 1 that are set to expire May 14 (see 1905100034) should last another year, it said in a notice. The agency will start accepting comments on the extensions on March 12. The comments are due by April 12, it said. The USTR has granted extensions to only six exclusions so far (see 1912190060).