Vice President Kamala Harris, the likely Democratic presidential nominee, has said that former President Donald Trump's tariff policy was a "trade tax that has resulted in American families spending as much as $1.4 billion more on everything from shampoo to washing machines."
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 Hyshield brand plant fertilizer produced by British Columbia-based Sipco Innovations ultimately should have China as its country of origin for marking purposes. However, the country of origin for the Hyshield product is Canada for Section 301 purposes, and it qualifies for preferential tariff treatment under USMCA, according to a May 8 ruling addressed to CBP’s Pharmaceuticals, Health and Chemicals Center of Excellence and Expertise in Newark, New Jersey, and recently released by CBP.
Republican presidential nominee Donald Trump, in a long acceptance speech at the Republican National Convention July 18, said Chinese companies are building large automobile factories in Mexico, and that "the United Auto Workers ought to be ashamed for allowing this to happen." He also said their leader "should be fired immediately, and every single autoworker, union and nonunion, should be voting for Donald Trump because we’re going to bring back car manufacturing, and we’re going to bring it back fast."
Republican presidential nominee Donald Trump, in a sit-down interview with Bloomberg shortly before the attempt on his life, argued that tariffs are "phenomenal" economically -- "and man, is it good for negotiation."
National Council of Textile Organizations CEO Kimberly Glas, speaking at a left-of-center think tank on trade policy, said that companies need to be able to file antidumping and countervailing duty cases without having to wait so long and pay so much money.
The following lawsuits were filed at the Court of International Trade during the week of July 1-7:
House Speaker Mike Johnson, R-La., said July 8 that he hopes to have a "significant package of China-related legislation" signed into law this year, including a provision that moved out of the House Ways and Means Committee that would make goods subject to Section 301 tariffs ineligible for de minimis treatment. All goods from China would have to enter with a 10-digit Harmonized Tariff Schedule classification code upon entry so that CBP could enforce the law. That bill also included new penalties for de minimis violations beyond forfeiture of the package (see 2404180068). Johnson said these changes would "rein in the de minimis privilege" that China is exploiting.
The following lawsuits were filed at the Court of International Trade during the weeks of June 10-16, 17-23 and 24-30:
Trade groups and major companies that make electric cars, light trucks and heavy trucks told the Office of the U.S. Trade Representative that domestic industry is not ready to take over from Chinese suppliers of graphite, artificial graphite and electric vehicle battery cells on the timelines the Section 301 tariff modifications propose.
A number of prominent trade groups, along with Winnebago, the motor home and powerboat maker with 6,000 employees, questioned the wisdom of a tariff hike from 7.5% to 25% on lithium-ion batteries outside the electric vehicle sector (Harmonized Tariff Schedule subheading 8507.60.0020).