U.S. Trade Representative Katherine Tai, speaking at the University of Chicago, sidestepped a question about whether the administration would change the Section 301 tariffs, saying that although "there's a lot of drama and emotion around tariffs," the China tariffs are "the least interesting aspect of the management of our trade and economic relationship."
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.
Trade groups representing importers of motor vehicles are asking the Interagency Autos Committee to advocate for allowing used cars made during the NAFTA years to enter duty free if those vehicles qualified for NAFTA benefits, and to make it easier to prove that cars built since July 1, 2020, qualify for USMCA tariff benefits.
Both of Georgia's senators, plus Sens. Sherrod Brown, D-Ohio, and Marco Rubio, R-Fla., urged the Biden administration to raise Section 301 tariffs on Chinese solar panels, cells and wafers. They said a Chinese panel costs more than 60% less than U.S.-made panels.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 22-28:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Ending most favored nation status for Chinese imports -- as advocated for by the House Select Committee on China and some other China hawks in Congress -- would increase consumer prices for laptops and smart phones by more than $100, and cause purchases of those goods to fall sharply, according to a recent study commissioned by the Consumer Technology Association.
U.S. Trade Representative Katherine Tai says that her agency and Congress "will need to work closely together" to address the fact that "existing rules of origin have left openings" for Chinese firms with operations outside China to avoid Section 301 tariffs and, depending where the operations occur, benefit from free trade agreements.
U.S. Chamber of Commerce CEO Suzanne Clark criticized the Biden administration for not only choosing to avoid tariff liberalizing trade negotiations, but also for walking away from long-time positions on digital trade provisions. Clark, who was speaking at a press conference after the Chamber's annual State of American Business event, declined to say whether a second Donald Trump administration or another term of Joe Biden would be worse on trade.
House Ways and Means Committee Trade Subcommittee Chairman Adrian Smith, R-Neb., said he thinks the chances are good for renewing the Generalized System of Preferences benefits program in 2024, due to bipartisan interest in the legislation. "A lot of members have examples from their district of why we need GSP." He added that a three-year lapse of the benefit program is "inexcusable."
Sen. Sherrod Brown, D-Ohio, who warned the White House that reducing the scope of the Section 301 tariff list or reducing tariff levels "could undermine efforts to shore up our domestic manufacturing and supply chains," said he doesn't know the details of what products might leave the target list if the White House hikes tariffs on electric vehicles or their batteries.