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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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Plaintiffs Ask Court to Reverse Dismissals in LED Lamp Customs Spat Due to 'Excusable Neglect'
October 22, 2021 by Jacob Kopnick|Top News

The Court of International Trade should reconsider its dismissals of multiple classification lawsuits over LED lamps because the events that resulted in the dismissals constituted "excusable neglect," counsel for Target and other LED importers argued in an Oct. 15 motion. In 10 cases making the classification challenge, the plaintiffs' counsel, John Peterson of Neville Peterson, argued that the plaintiffs' failure to extend the case's stay on the Customs Case Management Calendar "reasonably resulted from events both practical and circumstantial" (Target General Merchandise, Inc. v. United States, CIT #14-00283).

Topics:Court of International Trade activity, Tariff classification rulings, Harmonized Tariff Schedule
Lawyers Seeing 'Uptick' in Importer Lawsuits Against Brokers
October 19, 2021 by Ian Cohen|Top News

RANCHO MIRAGE, California -- Lawyers are seeing a rise in cases filed against customs brokers for failing to meet their fiduciary duties, said Cameron Roberts, a Roberts & Kehagiaras trade attorney. Many of the cases involve importers who allege their brokers didn’t correctly advise them about issues related to forced labor, Section 301 tariffs and certain agriculture imports, he said. “All of these issues are being put at the foot of the broker,” Roberts said, speaking during the Oct. 15 Western Cargo Conference.

Importer Kicks Off Classification Row Over Hoverboards
October 18, 2021 by Jacob Kopnick|Litigation

Electric scooters, known has hoverboards, were assessed duties under the wrong Harmonized Tariff Schedule subheading upon entry into the U.S., importer 3BTech said in an Oct. 15 complaint at the Court of International Trade. Kicking off litigation in its customs battle, 3BTech argued that even if CBP's HTS subheading of choice is correct, the products were granted Section 301 China tariff exclusions (3BTech, Inc. v. United States, CIT #20-00159).

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, Harmonized Tariff Schedule