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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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Trade Skeptic Says Coming de Minimis Bill Is 'Very Pathetic'
April 11, 2024 by Mara Lee|Top News

Lori Wallach, head of Rethink Trade and a longtime free-trade skeptic, said the House Ways and Means Committee plans to vote next week on a new bill to restrict de minimis, which wouldn't allow goods subject to Section 301 tariffs to enter through the de minimis pathway. The Section 301 tariffs covered roughly two-thirds of Chinese exports at the time the last round was imposed, but trade flows have shifted as a result of the tariffs, as imports of those tariff lines from China fell by 13%, according to the International Trade Commission.

Former USTR General Counsel Joins Wiley as Partner
April 9, 2024 |Trade People

Greta Peisch, former general counsel for the Office of the U.S. Trade Representative, has joined Wiley Rein as a partner in the International Trade Practice, the firm announced. At USTR, Peisch led the office's "enforcement agenda," including World Trade Organization and trade agreement disputes and Section 201 and Section 301 proceedings, the firm said. Before joining USTR, Peisch served as senior international trade counsel for the Senate Finance Committee.