NEW YORK -- The assistant U.S. trade representative for textiles acknowledged there are changes to NAFTA "you may not like," before he pitched changes to the pact that could be beneficial for the garment industry. Bill Jackson, who noted that textiles is the only sector to have a dedicated office at USTR, was speaking Nov. 7 at the Apparel Importers Trade and Transportation Conference. United States Fashion Industry Association President Julia Hughes, who was interviewing Jackson, agreed that the rewrite is "a mixed bag" for her industry.
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.
A first group of CBP information requests related to imports covered by the Section 301 tariffs on goods from China is expected to go out in the next couple weeks, Baker & McKenzie lawyer Ted Murphy said in a Nov. 6 blog post. CBP has said it plans to initially focus on imported electronics and will be adding new auditors to its field offices (see 1810230022). "Our contacts in Regulatory Audit have informed us that, as part of this effort, a first 'wave' of CF-28s (Requests for Information) since the imposition of the Section 301 duties will be issued in 2-4 weeks," Murphy said.
China and trade war watchers were aflutter after President Donald Trump and Chinese President Xi Jinping had a phone call Nov. 1 and both sides sounded upbeat. Trump tweeted that it was "a long and very good conversation," mostly about trade, and that "those discussions are moving along nicely." In China, the readout from Xinhua emphasized how seriously the U.S. it taking its preparation for the in-person meeting later this month in Argentina, and said that Trump said, "it is very important for the heads of state of the United States and China to keep frequent, direct communication.... Trump also said he attaches importance to a good relationship with Xi and is willing to extend, through Xi, his good wishes to the Chinese people."
The Consumer Technology Association has hired Akin Gump to draft a complaint, which, if pursued in the Court of International Trade, would seek an injunction blocking the Section 301 tariffs on $200 billion worth of Chinese imports before the duties are scheduled to rise to 25 percent on Jan 1., said several sources familiar with CTA’s plans. The association is shopping the draft around with other anti-tariff trade groups, seeking their legal and financial backing to support a court challenge, the sources said.
The Retail Industry Leaders Association sent President Donald Trump a letter praising his plan to meet with the Chinese president, and said that raising tariffs on nearly $200 billion in Chinese imports to 25 percent on Jan. 1 would dampen the economy. The organization said it supports "targeted trade actions against intellectual property theft, unfair dumping or subsidies," but not the broad application of Section 301 tariffs. Direct engagement with President Xi "is vital to resolving this trade dispute and ensuring it does not undermine our nation’s record-setting economic expansion and hurt American families," RILA President Sandra Kennedy wrote Oct 24. Meanwhile, The Wall Street Journal on Oct. 25 reported that the U.S. won't engage in trade talks with China until the country's government presents a proposal to address U.S. intellectual property concerns.
DALLAS -- Audio companies are bracing for the impact of the 10 percent Section 301 tariffs on Chinese imports that took effect a month ago, and are holding out hope that the Jan. 1 increase to 25 percent won't come to pass, vendors said at the fall meeting of the Home Technology Specialists of America. JL Audio, which sells subwoofers for the home market and speakers, subs and amplifiers for the marine and automotive spaces, is raising prices 6 percent on Nov. 15 on its home product line, said Doug Henderson, senior vice president-home audio.
A letter from 10 Democratic senators to U.S. Trade Representative Robert Lighthizer complained about the fact that no exclusion process has been set up for the nearly $200 billion in goods from China subject to an additional 10 percent tariff under Section 301. Sen. Tim Kaine, who led the letter, asked why there hasn't been an exclusion process for the third tranche, while there is one for the first and second rounds of the tariffs. The senators urged that an exclusion process be established immediately, given that this third tranche of tariffs is set to increase to 25 percent on Jan. 1. Kaine also asked if there is any intention to implement an exclusion application process, and if so, how it will be implemented. A group of House lawmakers also asked Lighthizer about the exclusions process earlier this month (see 1810160049). A Republican Senate trade staffer said Oct. 23 that USTR is not pursuing an exclusion process for this larger list. He said the office still hasn't granted any exclusions from the first two lists, and allowing applications for the third tranche would be a logistical problem.
PALM SPRINGS, Calif. -- Piecemeal bond increases to satisfy CBP insufficiency notices won’t be enough to dig importers out of the hole created by recently imposed sections 232 and 301 tariffs on aluminum and steel and products from China, respectively, said Dave Jordan of Roanoke Trade on Oct. 20. While CBP looks at duties paid over the past 12 months to set bond requirements, importers have likely seen their duty liability spike in the past few months since the tariffs were imposed, and will “probably end up with an insufficiency letter again in a few months” as more time passes with the tariffs in effect, he said, speaking at the Western Cargo Conference. Importers should do their own calculations, taking the month with the highest amount of duties paid, multiplying that by 12 months and setting a bond at 10 percent of that amount. For example, an importer that averaged $500,000 in duties paid over the last two months should extrapolate that to $6 million over the year and get a bond for $600,000. Some importers' products covered by multiple trade remedies could see bond requirements rise substantially, Jordan said. One of his clients, an importer of solar panels subject to Section 201 safeguards and Section 301 tariffs, started with an $800,000 bond that’s now up to $11 million, he said. CBP has urged importers to be “proactive” in setting their bond amounts (see 1808210029), given the recent spike in insufficiency notices (see 1807260011).
International Trade Today is providing readers with some of the top stories for Oct. 15-19 in case they were missed.
U.S. Trade Representative Robert Lighthizer should put in place a process for exclusion from the 10 percent Section 301 tariffs on $200 billion worth of Chinese imports, which the Trump administration imposed last month (see 1809240015), a group of 169 members of Congress said in an Oct. 15 letter to the USTR. While the USTR allowed for exclusions to each of the first two lists of Section 301 tariffs, there's been no mention from the administration about a similar process for the latest list of tariffs. A wide range of industries asked the USTR for an exclusion process in a letter last month (see 1809270038).