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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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Chinese Mobile Access Equipment Exporter Files Complaint Challenging First AD Review
January 10, 2025 by Kathryn Nucci|Litigation

In a Jan. 8 complaint at the Court of International Trade, exporter Zhejiang Dingli Machinery challenged the results of the first administrative review of the antidumping duty order on Chinese-origin mobile access equipment (Zhejiang Dingli Machinery v. United States, CIT # 24-00221).

Topics:Court of International Trade activity, Country of origin cases, Section 301 tariffs
Retractable Drops Suit on 100% Section 301 Tariff Hike on Needles, Syringes
January 9, 2025 by Jacob Kopnick|Top News

Importer Retractable Technologies on Jan. 7 dropped its lawsuit at the Court of International Trade against the Office of the U.S. Trade Representative's 100% Section 301 duty hike on needles and syringes. The company voluntarily dismissed the action without prejudice and declined to comment on the decision (Retractable Technologies v. United States, CIT # 24-00185).

Topics:Court of International Trade activity, Section 301 tariffs
CAFC Hears Oral Argument in Massive Section 301 Case
January 9, 2025 by Jacob Kopnick|Top News

The U.S. Court of Appeals for the Federal Circuit on Jan. 8 heard oral argument in the massive Section 301 litigation, primarily probing the litigants' positions regarding how to interpret the term "modify" in the statute and whether the statute allows the U.S. trade representative to impose duties in response to retaliatory measures from China (HMTX Industries v. United States, Fed. Cir. # 23-1891).

Topics:Court of Federal Appeals Trade activity, Country of origin cases, Section 301 tariffs, Differential Pricing Analysis