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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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Ways and Means Trade Leader Says Section 301 Tariff Changes 'Constructive'
December 1, 2023 |Congress

Rep. Earl Blumenauer of Oregon, the top Democrat on the House Ways and Means Trade Subcommittee, acknowledged in a hallway interview at the Capitol that he has been briefed that the Biden administration will lift Section 301 tariffs from some products as part of its review of the action against Chinese trade abuses.

Senators Say Reductions in Section 301 Tariffs Planned
November 21, 2023 by Mara Lee|Top News

The text of a recent letter sent to the White House by Sens. Sherrod Brown, D-Ohio, and Bob Casey, D-Pa., suggests that they have been told there will be reductions in Section 301 tariffs, and they said in the letter that they have serious concerns that these reductions "will enable China and other global competitors to resume their anti-competitive activities without consequences. While not the subject of interagency review, we share similar concerns about reductions in 232 tariffs, as well as related actions that would undermine American steel and aluminum producers as a result of negotiations with the European Union on the Global Arrangement on Sustainable Steel and Aluminum."

Topics:Section 232 Tariffs
CBP Finds China to Be Country of Origin for Lexmark Printers
November 20, 2023 by Noah Garfinkel|Top News

China is the country of origin for Lexmark printers imported from Mexico for both Section 301 trade duties and country of origin marking, CBP said in a recently released ruling. CBP found that the printer transports incorporated into the printer, which were made in China, were critical for the printer to feed the paper and to print copies, and were the component that imparted essential character, rather than the printed circuit board assemblies, which were assembled in Mexico.

Topics:Section 301 tariff exclusions, Customs duty, Court of International Trade, USMCA
Biden, Xi Won't Talk 301 Tariffs in Meeting This Week, US Official Says
November 13, 2023 |White House

President Joe Biden isn’t planning to bring up issues surrounding Section 301 tariffs in a planned meeting with Chinese President Xi Jinping in California on Nov. 15, a senior administration official said during a call with reporters last week. The official said the “question of economic and trade relationship” will be discussed, but the two leaders likely won’t delve into specifics.

Ending PNTR for China Would Leave 'Lasting Scar' on US Economy, Auto Sector, Study Says
November 9, 2023 by Brian Feito|Trade Business

Eliminating permanent normal trade relations (PNTR) with China would “leave a lasting scar” on the U.S. economy, costing each U.S. household $11,000 in real income over the period 2024 to 2028 and reducing competition and efficiency over the long term, according to a report released by the U.S.-China Business Council on Nov. 9.

Topics:Section 301 tariff exclusions, Permanent normal trade relations (PNTR)