Some leaders on the House Foreign Affairs Committee intend to file legislation to remove China's Most Favored Nation status, according to Rep. Ted Poe, R-Texas, chairman of the Subcommittee on Terrorism, Nonproliferation, and Trade. Poe said in a July 11 interview that Asia Subcommittee Chairman Ted Yoho and the ranking member on both subcommittees are all in agreement on the legislation. China has had MFN status with the U.S. since 1980, but that was made permanent only in 2001. In 1990, in the wake of the Tiananmen Square massacre, Congress included non-binding language suggesting the president rethink MFN for China.
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’s list of proposed tariff subheadings set for an additional 10 percent tariff on $200 billion in imports from China covers wide swaths of the tariff schedule that initially avoided Section 301 tariffs imposed July 6. While the 25 percent tariff already in place affects only goods of Chapters 84, 85, 86, 87, 88, 89 and 90 (with a few exceptions), USTR’s proposed list of additional subheadings includes products from nearly all sectors of the tariff schedule, with the notable exceptions of footwear and apparel and pharmaceuticals.
Tech interests will debate the ripple-effect consumer harms that may result from the Trump administration’s newest proposals to impose 10 percent Section 301 tariffs on $200 billion worth of Chinese imports. But the list of goods targeted for the 10 percent duties, released July 10 in an Office of the U.S. Trade Representative notice, doesn't include meaningful end-user consumer tech products like TVs.
The new tariffs proposed for a broad list of goods from China add to the existing concerns about the Trump administration's trade policy, said the chairmen of the House Ways and Means and Senate Finance committees. Ways and Means Chairman Kevin Brady, R-Texas, asked for an in-person meeting between the U.S. and Chinese presidents. "Despite the serious economic consequences of ever-increasing tariffs, today there are no serious trade discussions occurring between the U.S. and China, no plans for trade negotiations anytime soon, and seemingly little action toward a solution," Brady said in a July 10 statement.
The Consumer Technology Association, the National Retail Federation and the Semiconductor Industry Association are among groups and companies requesting to appear at a July 24 Office of the U.S. Trade Representative hearing about the Section 301 tariffs on a second list of 284 lines of Chinese-sourced products proposed for the higher duties (see 1806210029). The Retail Industry Leaders Association and the National Association of Foreign-Trade Zones are also among the commenters in docket USTR-2018-0018. Written comments are due July 23, and post-hearing rebuttal comments, July 31.
International Trade Today is providing readers with some of the top stories for July 2-6 in case they were missed.
The U.S. Trade Representative is proposing an additional 10 percent tariff on 6,031 8-digit tariff lines -- about $200 billion worth of imports. Those who wish to testify for or against the inclusion of an item on the list must file by July 27, and written comments are due by August 17. Hearings will be held August 20-23. Senior government officials said a decision on tariffs will be made sometime after August 30.
The Office of the U.S. Trade Representative on July 6 announced procedures for requesting product exclusions from Section 301 tariffs on products from China, on the same day that the 25 percent tariffs took effect (see 1807060012). Exclusion requests will be due by Oct. 9, and if granted will apply retroactively starting from July 6. Exclusions will be made on a “product basis,” so “a particular exclusion will apply to all imports of the product, regardless of whether the importer filed a request,” USTR said.
At 12:01 a.m. July 6, the additional 25 percent tariffs against Chinese imports across 818 8-digit tariff lines went into effect. Within a minute, China hit back, imposing a 25 percent tariff on 545 tariff lines. The Chinese government said the U.S. has started "the largest trade war in economic history." China said "the duties are typical bullying behavior, which will have a serious impact on the global industrial and value chain and will hinder the pace of global economic recovery, [and] trigger global market turmoil," according to an unofficial translation.
CBP will begin to apply a 25 percent Section 301 duty on goods found on a list of 818 8-digit tariff subheadings with country of origin China that are entered on or after 12:01 a.m. Eastern time July 6, said Alex Amdur, CBP director-antidumping and countervailing duty policy and programs, on a call held July 5 to answer questions from the trade community. Based on country of origin, not country of export, the tariffs will be applied based on the date of entry, and goods with an entry date prior to July 6 will not be subject, including in cases in which the filers “elect” such an entry date.