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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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De Minimis Bill Carving Out Section 301 Goods Reintroduced
January 29, 2025 by Mara Lee|Congress

Rep. Greg Murphy, R-N.C., reintroduced a bill to disallow the use of de minimis entry for packages that include goods subject to Section 301 tariffs. The bill passed the House Ways and Means Committee in 2024 (see 2404180068). Murphy said in a Jan. 28 news release that two-thirds of de minimis imports are from China. "By updating our De Minimis law, we are creating a fairer playing field for American businesses to compete and ending abuse by Chinese companies," he said.

Bipartisan Bill Introduced to End PNTR, Change Bound Rates for All Countries to Column 2
January 24, 2025 by Mara Lee|Congress

A bipartisan bill has been introduced in the House that would require that the minimum tariff charged on Chinese goods be 35%, that tariffs higher than 35% in Column 2 of HTS be applied to some Chinese imports, 100% tariffs on hundreds of items on the Section 301 target list, and that the bound rates for U.S. tariffs, as declared at the World Trade Organization, should be changed to Column 2 for all countries.

Topics:Customs duty, Permanent normal trade relations (PNTR)
Former Sen. Says Folks Underestimating Coming Tariffs; Worries Crony Capitalism Will Result
January 23, 2025 by Mara Lee|Top News

Former Pennsylvania Sen. Pat Toomey, who voted against USMCA because he felt it moved too much in the direction of managed trade, told an audience at a Council on Foreign Relations event Jan. 23 that, despite all of his talk of tariffs, "a lot of folks will be surprised at the extent to which President [Donald] Trump will pursue broad, aggressive tariffs."

Topics:World Trade Organization (WTO), USMCA