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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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Importer Drops Suit on Tariff Classification of Agricultural Sprayers
January 27, 2025 by Jacob Kopnick|Litigation

Importer Northern Tool & Equipment Co. dropped its customs suit at the Court of International Trade, which contested the classification of its agricultural sprayers. CBP liquidated the goods under Harmonized Tariff Schedule subheadings 8424.49.0000 and 8424.41.1000, dutiable at 2.4% and free of duty, respectively, and secondary subheading 9903.88.03, which carries a 25% Section 301 duty. The importer claimed that the goods should fall under subheading 9817.00.5000, free of duty. Counsel for Northern Tool didn't immediately respond to request for comment (Northern Tool & Equipment v. United States, CIT # 22-00197).

Topics:Court of International Trade activity
Importer Mitsubishi Says US Misrepresenting Several Court Holdings in Reply
January 22, 2025 by Kathryn Nucci|Top News

Responding to U.S. opposition to its summary judgment motion, importer Mitsubishi Power Americas said Jan. 17 that the government “proffered nothing to dispute” expert testimony that shows its products are neither filters nor purifiers and misunderstood the way they actually work (Mitsubishi Power Americas v. U.S., CIT #21-00573).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity
Partner in Government Regulations Practice Departs Jones Day
January 21, 2025 by Jacob Kopnick|Trade People

Regulatory attorney Brett Shumate left his position as partner at Jones Day on Jan. 17, the firm said in a notice to the Court of International Trade. Shumate had appeared as counsel for various companies in the massive Section 301 litigation before the trade court. Shumate joined Jones Day as a partner in 2019 after serving as the deputy assistant attorney general for the federal programs branch in DOJ's civil division.

Topics:Court of International Trade activity
US Settles With Plywood Importer in 2021 Case
January 21, 2025 |Litigation

The United States and plywood importer Richmond International Forest Products settled their 2021 case in the Court of International Trade Jan. 16. The parties agreed in a motion for stipulated judgment that the exporter’s entries of Chinese-origin plywood were subject to antidumping, countervailing and Section 301 duties. Its Cambodia-origin plywood, however, was not subject to any of the three (Richmond International Forest Products v. United States, CIT #s 21-00063, -00318, -00319).

Topics:Court of International Trade activity, Country of origin cases