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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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CBP Issues Harmonized System Update
June 13, 2024 by Noah Garfinkel|Customs

CBP created Harmonized System Update (HSU) 2406 on June 12, containing 7 Automated Broker Interface (ABI) records and 2 Harmonized Tariff Schedule records. The update includes an update to the Partner Government Agency (PGA) flag indicator (FD3) for FDA in support of the PGA message set, and it includes new Section 301 exclusions under subheading 9903.88.69 for articles of China that were extended from June 15, 2024, through May 31, 2025.

CBP Issues Fact Sheet Highlighting FY 2023 Milestones
June 13, 2024 |Customs

CBP unveiled a fact sheet on June 12 describing its activities and milestones that the agency reached in FY 2023. It said the U.S. processed over 1 billion de minimis shipments worth over $50 billion through postal, express, and non-express facilities. Within the de minimis program, CBP facilitated over 785 million transactions in Section 321 Data Pilot and Entry Type 86 Test, the fact sheet said.

Topics:Entry Type 86
Americans for Free Trade Asks for Longer Section 301 Tariff Exclusion Comment Period
June 10, 2024 |USTR

Americans for Free Trade, a coalition of more than 100 trade groups, asked the Office of the U.S. Trade Representative to extend a public comment period to respond to proposed changes to the Section 301 tariffs and a new product exclusion process limited to industrial machinery. They said another 30 days would be in the public interest.

Law Professor Says US Should Avoid Raising Section 301 Tariffs in Violation of WTO
June 6, 2024 by Jacob Kopnick|USTR

The Biden administration's proposed Section 301 tariff hikes on various Chinese goods (see 2405220072) would continue to skirt World Trade Organization commitments and strip the global economy of international tribunals, which are key to curbing "persistent protectionism," said George Washington Law School professor Steve Charnovitz in comments on the proposed tariffs.

Topics:World Trade Organization (WTO)