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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. Subsequent rounds of Section 301 actions against China have continued since. The Office of the U.S. Trade Representative administers Section 301 tariffs, and has also created an exclusion process for importers to seek exemptions from the tariffs.

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CBO Says House de Minimis Bill Would Collect $23.5B in Tariffs, Cost CBP Little
August 19, 2024 by Mara Lee|Top News

The nonpartisan Congressional Budget Office has projected that applying Section 301 tariffs to the contents of packages that previously benefited from de minimis, as proposed in the House (see 2407080049), would increase revenue from tariffs by about $23.5 billion in the 2024-2034 period, but would only require reprogramming of ACE and more money for data storage and ACE maintenance, not new CBP officers. The CBO estimated that improving ACE would cost $3 million, and that CBP would need $2 million annually to maintain the system.

Topics:Forced Labor
USTR Makes Technical Fixes to 2 Section 301 Exclusions
August 6, 2024 |USTR

The Office of the U.S. Trade Representative is amending two exclusions from Section 301 tariffs to conform the tariff numbers in the descriptions of the exclusions to recent tariff schedule changes, it said in an Aug. 6 notice. The affected exclusions are found at U.S. Notes 20(vvv)(iv)(10) and 20(vvv)(iv)(11) to subchapter III of Chapter 99. The conforming amendments are effective July 1.