Consumer electronics company Sonos forecasts a $30 million blow to fiscal year 2020 profits, resulting from the 15 percent Section 301 List 4A tariffs that took effect Sept. 1, Chief Financial Officer Brittany Bagley said on a Q4 call Nov. 21. Most of the impact will be in the holiday quarter, she said. Citing “frequent speculation” about trade negotiations, Bagley said, “We are assuming for the purposes of this call that this remains in effect for the full year at 15 percent.” To mitigate tariff exposure, the company is diversifying its supply chain out of China and has accelerated production of U.S.-bound products in Malaysia. That capacity is “ramping up quickly, and we believe we will have largely eliminated the go-forward impact of tariffs by the end of the fiscal year,” Bagley said.
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 Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on forged steel fittings from India (A-533-891) and South Korea (A-580-904), and its recently initiated countervailing duty investigation on forged steel fittings from India (C-533-892).
The trade war that President Donald Trump began with China 16 months ago is creating pain for businesses, but there's a deeper strategic mistake to consider, said Matthew Goodman, senior vice president for Asian economics at the Center for Strategic and International Studies. Goodman, who was speaking during the first session in a Congressional Trade Series on Nov. 19, said, “I still don't know what the basic strategic goal is here." He said he didn't know whether the administration wants to get structural changes to China's economy, as it claims, or whether it wants to reduce the bilateral trade deficit, or to contain China's rise.
CBP has assessed about $46.4 billion in duties under the major trade remedies started during the Trump administration as of Nov. 13, according to CBP's trade statistics page. That includes $36.8 billion in duties from the Section 301 tariffs on goods from China and $34.7 million duties from the Section 301 tariffs on goods from the EU (see 1910020044). CBP also has assessed about $6.4 billion under the Section 232 tariffs on steel and $1.8 billion under tariffs on aluminum. The Section 201 trade remedies on washing machines, washing machine parts and solar cells (see 1801230052), imposed Jan. 23, 2018, account for $1.2 billion in assessed tariffs.
Mattress bases largely sourced from China but assembled in Vietnam undergo a substantial transformation and are not subject to the Section 301 tariffs on goods from China, CBP said in an Oct. 30 ruling. The ruling, NY N306524, came in response to a request from lawyer George Tuttle on behalf of Ergomotion. The company asked CBP to confirm that the mattress bases are “country of origin Vietnam, and not subject to China Section 301 duties," CBP said.
International Trade Today is providing readers with some of the top stories for Nov. 4-8 in case they were missed.
A new Port of Los Angeles report bears out predictions the port made when the first Section 301 tariffs on Chinese goods were announced 20 months ago that the duties would raise consumer prices and cause other economic harm, Gene Seroka, the port’s executive director, told a media briefing on Nov. 12. The study found that “on an annual basis, on the goods moving through our port complex, an additional $31 billion to $35 billion U.S. dollars is attached to what you and I spend at the store,” Seroka said.
The U.S Trade Representative issued some new product exclusions from Section 301 tariffs on the third list of products from China, granting exemptions for two 10-digit tariff subheadings, according to a pre-publication copy of a notice posted to the agency’s website Nov. 7. The product exclusions apply retroactively to Sept. 24, 2018 the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020. New subheading 9903.88.34 will be used for these products.
Imports at major U.S. retail container ports this month are expected to see their “final surge” of 2019 ahead of the 15 percent List 4B Section 301 tariffs set to take effect Dec. 15 in Chinese goods, the National Retail Federation said. “Retailers are encouraged by reports that China and the United States have agreed to remove at least some of the existing tariffs once a ‘phase one’ deal is signed,” NRF said. “We are eager to see concrete evidence that the trade war is coming to an end with a final deal that removes all tariffs.” There is “no word” from the Trump administration on the fate of the List 4B tariffs still set for December, it said. “Industry planning is in a state of confusion with the on-again, off-again tariff increases and the widening of trade disputes.”
The Office of the U.S. Trade Representative issued a new set of product exclusions from the 25 percent Section 301 tariffs on goods from China. The exclusions include products from the third list of Section 301 goods. The new exclusions "are reflected in 2 ten-digit HTSUS subheadings and 34 specially prepared product descriptions, which cover 42 separate exclusion requests," according to the notice.