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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U.S. TELECOM CARRIERS RAISE COMPETITION CONCERNS TO USTR

February 1, 2001 by Mary Greczyn|Miscellaneous

While countries such as Japan and Mexico are starting to remove obstacles to competition, serious problems persist, telecom companies and equipment makers told U.S. Trade Representative’s (USTR) office. USTR sought comments in Jan. as part of annual review on effectiveness of U.S. trade agreements involving telecom products and services, including World Trade Organization’s (WTO) basic telecom agreement. Commenters also pointed frequently to competition hurdles in European Union (EU) member states, urging U.S. in some cases to seek stricter implementation of existing EU directives. Concerns raised by telecom companies, which in part centered on interconnection rates, provide road map of lingering telecom market-opening issues that would face USTR under Bush nominee Robert Zoellick.

FCC must-carry rules are filled with ‘legal and factual errors,’ ...

January 29, 2001 |Miscellaneous

FCC must-carry rules are filled with “legal and factual errors,” EchoStar said in letter signed by Vp-Gen. Counsel David Moskowitz. EchoStar joined rival DirecTV and Satellite Bcstg. & Communications Assn. in challenging constitutionality of must- carry rules in federal lawsuit. Under FCC rules, DBS companies must carry all stations in each market they serve. Satellite companies say those rules eat up valuable capacity and constrain their business. Moskowitz said Commission made “flatly mistaken observation” that Fla. federal court found Satellite Home Viewer Act that mandated must-carry rules to be constitutional. The court “never made such a finding and indeed it could not have, as it concerned a complaint relating to distant, not local signals.” EchoStar also criticized FCC for relying on “unsubstantiated comments” from NAB “without any empirical or other support” and treating them as facts. Finally, EchoStar said, satellite carriers in general, and EchoStar in particular, had devoted substantial resources to ensuring that all local TV broadcast signals carried on satellite systems enjoy superior signal quality.

FCC BEGINS REVIEW OF WHETHER WIRELESS SPECTRUM CAP IS NEEDED

January 25, 2001 by Mary Greczyn|Miscellaneous

As expected, FCC has embarked on reexamination of whether there is continued need for spectrum cap and cellular cross- interest rule for commercial mobile radio service providers. Notice of proposed rulemaking (NPRM) issued late Wed. (CD Jan 23 p1), but approved by FCC last Fri., seeks comment on whether wireless market has changed significantly since last time agency examined issue in 1999, when it decided to keep spectrum limits intact to safeguard competition. Point is to examine whether competition has grown to extent that spectrum restrictions can be lifted or relaxed, NPRM said. Questions in notice included role FCC plays in examining market impact of wireless deals vs. purview of Dept. of Justice.

KENNARD SEEN AS ‘HONORABLE’ BUT LACKING IN POLITICAL SAVVY

January 19, 2001 |Miscellaneous

As FCC Chmn. Kennard departs today, he leaves legacy as extremely decent man who might have been more effective if he were more of a politician, industry officials told us. “He is a prince of a man, honorable, honest,” said one telecom lobbyist. “But I don’t believe he’s a politician at heart and it’s hard for that kind of person to survive the political cauldron in Washington.” No one we talked with disputed Kennard’s honorable nature. Even his ideological opposite, Comr. Furchtgott-Roth, said Thurs. that he viewed Kennard’s departure to make way for Republican as “somewhat bittersweet” because Kennard was “one of the finest, most decent individuals I've ever met.”

FCC'S AOL-TW DEAL APPROVAL STOKES OPEN ACCESS, ITV RULES DEBATES

January 16, 2001 by Alan Breznick and Dinesh Kumar|Miscellaneous

Now that FCC finally has approved AOL’s takeover of Time Warner (TW) with additional regulatory conditions, cable operators, consumer groups, phone companies, state and local regulators, ISPs, broadcasters, DBS providers, cable overbuilders and others already are girding for next big fights over extending those regulations to rest of cable industry. Likely new battle fronts include 2 separate FCC proceedings on cable open access issue and interactive TV (ITV) rules, each of which covers part of leading conditions imposed on AOL-TW by FTC and FCC. Another new battle front could be expected bill in new Congress that would create comprehensive regulatory scheme for all broadband services, whether delivered by cable, telephone, satellite or wireless technologies. “It’s going to be more diffuse,” said Precursor Group CEO Scott Cleland. “The progress will still be made but it will be more difficult to track.”

POWELL AT CES EXPRESSES RELUCTANCE TO MOVE TO PROMOTE DTV

January 9, 2001 |Miscellaneous

LAS VEGAS -- FCC Comr. Powell endorsed free market vs. govt. regulation, pleasing consumer electronics officials at the CES here Sat. But reaction was more muted when he also indicated reluctance for govt. to move aggressively to spur DTV transition. Powell, who is widely rumored to become next chmn. of FCC, was interviewed one-on-one by CEA Pres. Gary Shapiro, also rumored to be candidate for position in new Bush Administration, despite recently signing new 10-year contract with CEA.

FCC WEIGHS RANGE OF SPECTRUM OPTIONS FOR 3G SERVICES

January 5, 2001 by Mary Greczyn|Miscellaneous

FCC unanimously adopted notice of proposed rulemaking (NPRM) that eyes frequencies, including those now occupied by military users, for 3rd-generation and other advanced wireless services. Commission also denied petition by Satellite Industry Assn. (SIA) seeking additional spectrum for mobile satellite services (MSS), move that Multichannel Multipoint Distribution Service (MMDS) licensees opposed (CD Aug 30 p1). FCC adopted notice Dec. 29, meeting White House’s year-end deadline for approving item, although text hadn’t been released by our deadline.