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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 Moves to Set Aside Dismissal of Customs Suit Due to Calendaring Mistake
May 7, 2024 by Jacob Kopnick|Litigation

Importer van Gelder on May 3 moved to set aside the Court of International Trade's dismissal of its case for failure to prosecute, arguing that its counsel "overlooked -- by virtue of a calendaring mistake" -- the new deadline for the case after it was extended on the customs case management calendar (van Gelder v. U.S., CIT # 21-00160).

Topics:Court of International Trade activity
Router Importer Seeks Duty Refund on Reimported Entries From China
April 29, 2024 by Jacob Kopnick|Top News

Importer Netgear filed a complaint at the Court of International Trade on April 26 seeking reliquidation of re-imported LTE routers under duty-free Harmonized Tariff Schedule subheading 9802.00.50. The company is seeking refunds of any overpayments of Merchandise Processing Fees and Harbor Maintenance Fees, along with a refund of Section 301 duties (Netgear v. United States, CIT # 22-00129).

Topics:Court of International Trade activity
Importer Challenges CBP's Denial of Section 301 Exclusion for Car Side Protective Attachments
April 23, 2024 by Jacob Kopnick|Litigation

Importer MKI Enterprise Group, doing business as Winbo USA, filed a complaint at the Court of International Trade on April 22 to contest CBP's denial of a Section 301 exclusion for its entries of "steel side protective attachments for motor vehicles, specifically side bars, fern bars, and bars" from China (MKI Enterprise Group v. United States, CIT # 22-00131).

Topics:Court of International Trade activity, Country of origin cases
Animal Medication Importer’s Case Given More Time After Complaint Amended 2 Years Later
April 15, 2024 by Kathryn Nucci|Litigation

In a third amended scheduling order, the Court of International Trade set a new Aug. 13 deadline for motions in a case that has been ongoing since 2022. The extension follows an amended complaint filed April 1 in which plaintiff Zoetis Services said that CBP had classified a “nearly identical” product to its own under a Harmonized Tariff Schedule heading it preferred (Zoetis Services LLC v. U.S., CIT #22-00056).

Topics:Court of International Trade activity, Country of origin cases
Vehicle Side Bar Exporter Says Section 301 Tariff Exclusion Not Principal Use Provision
April 11, 2024 by Kathryn Nucci|Litigation

An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).

Topics:Country of origin cases
Former USTR General Counsel Joins Wiley as Partner
April 10, 2024 |Trade People

Greta Peisch, former general counsel for the Office of the U.S. Trade Representative, has joined Wiley Rein as a partner in the International Trade Practice, the firm announced. At USTR, Peisch led the office's "enforcement agenda," including World Trade Organization and trade agreement disputes and Section 201 and Section 301 proceedings, the firm said. Before joining USTR, Peisch served as senior international trade counsel for the Senate Finance Committee.