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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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Warren, Smith Ask Lutnick, Greer If Exclusions Will Be Offered to New Tariffs
January 17, 2025 |Congress

Two Democrats on the Senate Finance Committee asked Commerce Secretary nominee Howard Lutnick and U.S. Trade Representative nominee Jamieson Greer to "commit to putting in place a transparent and objective process that protects America’s small businesses and workers" if they decide to grant exclusions to new tariffs imposed by Donald Trump.

Democrats Reintroduce Bill to Block IEEPA's Use for Tariffs or Quotas
January 16, 2025 by Mara Lee|Congress

Reps. Suzan DelBene, D-Wash., and Don Beyer, D-Va., reintroduced a bill that would remove the possibility of a president using the International Economic Emergency Powers Act to impose quotas or tariffs. Most lawyers think Trump would use IEEPA for a global tariff. The statute is currently used to impose sanctions on parties in Iran, Belarus, Burma, Ethiopia and dozens of other countries.

Topics:Trump tariffs