The following lawsuits were filed at the Court of International Trade during the week of March 21-27:
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.
Rep. Kevin Brady, the top Republican on the House Ways and Means Committee, said that when Republicans meet privately with U.S. Trade Representative Katherine Tai ahead of her testimony March 30, they will argue that the Section 301 exclusions announced last week (see 2203230070) were far too limited.
A senior fellow at the American Enterprise Institute says U.S. Trade Representative Katherine Tai "seems unable to persuade the White House" to fashion new tools to confront China, and complains that if the administration has postponed a second Section 301 investigation, that's a mistake.
A leading voice in the House behind the Uyghur Forced Labor Prevention Act introduced a bipartisan bill that would remove permanent normal trade relations from China and instead would require annual affirmations from the administration that "the Chinese government is making serious and sustained improvement in respecting human rights" in order to retain most-favored-nation tariffs.
After the Office of the U.S. Trade Representative agreed to reinstate 64% of expired Section 301 tariff exclusions (see 2203230070), business interests said it should go further, while the Coalition for a Prosperous America said the decision was wrongheaded.
The Office of the U.S. Trade Representative on March 23 announced the extension of 352 exclusions from Section 301 tariffs on China. The exclusions, all of which had expired, resume effect as of Oct. 12, 2021, and will remain in effect through Dec. 31, 2022, USTR said.
The U.S. Trade Representative on March 23 announced the extension of 352 exclusions from Section 301 tariffs on China. The exclusions, all of which had expired, resume effect as of Oct. 12, 2021, and will remain in effect through Dec. 31, 2022, USTR said.
The Office of the U.S. Trade Representative is wading into “unchartered waters” if it tries extending the lists 1 and 2 Section 301 tariffs on China past their four-year expiration deadlines under the 1974 Trade Act (see 2203140004), David Olave, a Sandler Travis associate and trade policy adviser, said in an email. List 1 is due to expire July 6, List 2 only seven weeks later on Aug. 23.
The following lawsuits were filed at the Court of International Trade during the week of March 14-20:
The government can seek reclassification of an importer's merchandise in court at a higher duty rate, even when CBP didn't previously pursue the rate increase against the importer, DOJ said in March 15 brief in support of its counterclaim in a tariff classification suit brought by Cyber Power -- which says the counterclaim sets a dangerous precedent (Cyber Power Systems (USA) Inc. v. United States, CIT #21-00200).