International Trade Today is providing readers with the top stories from April 19-23 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
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.
At a webinar on U.S.-Vietnam economic relations, Ambassador Ha Kim Ngoc said Vietnam is working to narrow the trade deficit with the U.S., whether by buying more American agricultural exports or encouraging Vietnamese businesses to open factories in the U.S. "I don’t think we can solve the problem overnight, with COVID-19 and the increased demand of the goods from Southeast Asia, and particularly Vietnam," he said April 27.
The Office of the U.S. Trade Representative announced a technical correction that allows refunds for products exported after the tariffs were hiked from 10% to 25% but on the water at the time the increase was announced. The notice, set for Federal Register publication April 26, says goods that left China before May 10, 2019, and entered the U.S. before June 15, 2019, and are covered by a Section 301 exclusion, are now excluded.
A witness at a Senate Finance Committee hearing on China and trade competitiveness told senators that if the Miscellaneous Tariff Bill and his company's Section 301 exclusion aren't granted retroactively, Element Electronics would be forced to move production out of the U.S.
The origin of electric vehicle motors and the applicability of Section 301 tariffs depends on where the two most important components of the engine are made, said CBP in a recently released ruling. In response to a country of origin ruling request from LG Electronics, CBP considered multiple manufacturing scenarios for the motors.
The following lawsuits were filed at the Court of International Trade during the week of April 12-18:
International Trade Today is providing readers with the top stories from April 12-16 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The top Republican on the House Ways and Means Committee said the delay in extending the Generalized System of Preferences benefits program and passing a new Miscellaneous Tariff Bill “has real consequences for our businesses and families, especially right now.”
The three-judge panel in the Section 301 litigation before the U.S. Court of International Trade scheduled an April 26 status conference for 9:30 a.m. EDT, an order signed Thursday said. The conference is an apparent try at hammering out a compromise between plaintiffs and defendants over the disputed refund relief issue for importers seeking to have the lists 3 and 4A tariffs vacated. Broad disagreement separates the HMTX-Jasco plaintiffs in the sample case from the government over whether importers who prevail on the merits of the massive litigation would be entitled to tariff refunds on customs entries whose liquidations are final, according to a joint status report filed April 12 with the court (see 2104130036). The impasse had HMTX-Jasco attorneys from Akin Gump warning they would move April 22 for a declaratory judgment that the court has the authority to order refunds of liquidated entries if the plaintiffs win. They alternatively threatened to seek a court injunction to suspend liquidations on all goods from China with lists 3 and 4A tariff exposure until the litigation is resolved. Scheduling the status conference for four days after the Akin Gump deadline suggests those motions are now on hold, pending the outcome of the conference. Akin Gump and DOJ didn’t comment Friday.
The Section 301 tariffs on Chinese goods imposed under President Donald Trump had “a significant impact” on Panasonic North America, Jeff Werner, vice president-corporate and government affairs, told the Consumer Technology Association virtual Innovation Policy Summit April 14. “We did everything we could to sort of mitigate that, including a robust use of the exclusions process,” he said.