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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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CIT Reclassifies US Counterclaim in Customs Spat on Boronized Steel Tubing as Defense
June 15, 2023 by Jacob Kopnick|Top News

The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases
CIT Dismisses Suit on Illegal Mexican Fish Trade, Redesignates US Counterclaim in Customs Case
June 14, 2023 |Bulletin

The Court of International Trade granted three conservation groups' bid to dismiss a suit seeking to compel the Interior Department to respond to a request to certify Mexico had not done enough to curb illegal fishing and trade of the totoaba fish, further threatening the endangered vaquita porpoise. The conservation groups and Interior reached a settlement in April, under which the agency made the certification, which allows the president to impose restrictions on trade with Mexico.

Topics:Court of International Trade activity, Country of origin cases
Jon Yormick Brings Section 301 Cases From Flannery Georgalis to New Firm
June 5, 2023 by Jacob Kopnick|Trade People

Attorney Jon Yormick took 29 cases with him when he moved from Flannery Georgalis to create his own firm, Yormick Law LLC, his office confirmed with Trade Law Daily. Yormick began the process of filing notices of attorney substitutions in the cases, all of which are attached to the massive Section 301 litigation. The 29 cases involve 36 total companies that migrated with Yormick. The firm was founded on Jan. 1 as a relaunch of Yormick's small firm practice, last referred to as Law Offices of Jon P. Yormick Co., which existed from 1995-2019.

Topics:Court of International Trade activity