The signals that tariffs will not go up on $200 billion worth of Chinese imports on March 2 is a small relief for businesses, according to Venable partner Lindsay Meyer, but they're still challenged by the difficulty "of forecasting what the second half of this year will present." Some importers that work with Venable are getting their suppliers to shoulder some of the additional tariff costs; others are declining to enter two-year contracts unless there's the ability to reopen the deals if tariffs increase. "The companies, they’re making their plans cautiously," she said. "I think the anxiety level isn’t at a level 10 that it was, but it certainly hasn’t dropped down below 5."
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. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
International Trade Today is providing readers with some of the top stories for Feb. 11-15 in case they were missed.
Bank of America Merrill Lynch research analysts take a "benign view" of the likelihood of new Section 232 tariffs on the auto sector and an increase to the Section 301 tariffs on goods from China, they said in a Feb. 15 report. Aditya Bhave and Ethan Harris, both global economists at the bank, said that while the Commerce Department seems likely to conclude that auto imports are a national security threat, "sustained auto tariffs" are not expected. "Reasons include delays in the release of the report, the extent of lobbying pressure against the tariffs, and the Trump administration’s hesitance to slap tariffs on consumer products, of which autos are among the most visible," the economists said.
A Chinese Foreign Ministry spokesperson in Beijing sidestepped questions on Feb. 14 about President Donald Trump’s remarks suggesting he might be willing to let the March 1 deadline “slide” for raising the 10 percent Section 301 tariffs to 25 percent on $200 billion worth of Chinese imports if U.S and Chinese negotiators are close to reaching a comprehensive trade agreement. Treasury Secretary Steven Mnuchin and U.S. Trade Representative Robert Lighthizer are in Beijing for the latest round of trade talks. “We all hope that a deal could be reached,” the spokesperson said. “At present all we could do is ensure that the two delegations could concentrate on having a good round of consultation and work for a mutually accepted and mutually beneficial outcome, which is also to the benefit of the world.”
CBP created Harmonized System Update (HSU) 1901 on Feb. 11, containing 397 Automated Broker Interface records and 89 harmonized tariff records, it said in a CSMS message. The update includes changes mandated by Presidential Proclamation 9834 (see 1812270038), as well as adjustments required by the Office of the U.S. Trade Representative's announcement of new exemptions from Section 301 tariffs on China (see 1902110018). Modifications required by the verification of the 2019 Harmonized Tariff Schedule (HTS) are included as well.
International Trade Today is providing readers with some of the top stories for Feb. 4-8 in case they were missed.
CBP on Feb. 10 added the ability in ACE for importers to file entries with exclusions from Section 301 duties, it said in a CSMS message issued two days earlier. Filers of imported products that were granted an exclusion should report the regular chapter 1-97 Harmonized Tariff Schedule number, as well as subheading 9905.88.05 for products subject to Section 301 duties on products from China but that have been granted an exemption by the Office of the U.S. Trade Representative. “Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.05 is submitted,” CBP said.
Tariffs on allies make it harder to convince China to change its abuses, senators said, as members from both parties held a press conference to criticize Trump administration tariff policies. They were kicking off a lobbying effort from business owners and farmers around the country called Tariffs Hurt the Heartland, which began Feb. 6.
The National Retail Federation is optimistic about a de-escalation of the U.S.-China trade war but won’t close the door on joining a legal challenge if the Trump administration hikes the 10 percent Section 301 tariffs to 25 percent after March 1, CEO Matthew Shay told us Feb. 6. “I’m not sure we’re ready to go there yet,” Shay said of a court challenge.
With less than a month before the 10 percent Section 301 tariffs on Chinese imports are scheduled to rise to 25 percent (see 1812140034), resolving the U.S.-China trade dispute “is a tall order, under the best of circumstances,” Baker McKenzie customs lawyer Ted Murphy blogged Monday. “By most accounts, the two sides are still far apart” in their quest to negotiate a comprehensive trade deal by the March 2 deadline, he said. Murphy doubts “a substantive solution will be reached in the next 30 days.” The “question is whether China’s offer to purchase more U.S. products” and impose “some small structural changes” in its trade practices will be sufficient to get the Trump administration to “declare victory” and again postpone the tariff hike while the two sides keep talking, he said.