FBB Federal Relations partner Ray Bucheger told members of the Pacific Coast Council of Customs Brokers and Freight Forwarders Associations that while the message on the Hill is discouraging on extending current Section 301 exclusions, his firm is working on legislation for the companies that received exclusions too late to get refunds for the tariffs paid.
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.
Talks toward a comprehensive trade agreement with the United Kingdom would likely continue under a Joe Biden administration, though when a deal could be reached is unclear, K&L Gates partner Stacy Ettinger said during a webinar on how trade policy would change if there is an administration change after the election, or progress if there is a second Trump administration. Ettinger, a staffer for Senate Minority Leader Sen. Chuck Schumer, D-N.Y., before joining the private sector, was joined by former White House trade staffer Clete Willems, now at Akin Gump, during a webinar Oct. 20 hosted by American University's law school.
An economist in Europe and one in the U.S. say policymakers talking about the vulnerabilities of supply chains are drawing the wrong conclusions from the shortages of personal protective equipment, but while they say policy decisions should be fact-based, it's not clear that procurement professionals can influence the politicians. Simon Evenett, an international trade professor at Switzerland's University of St. Gallen, said during a Peterson Institute for International Economics program that in most medical goods and medicines, China is not the largest supplier, though it is for PPE.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 12-18:
International Trade Today is providing readers with the top stories from Oct. 13-16 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The International Trade Commission on Oct. 14 issued Revision 23 to the 2020 Harmonized Tariff Schedule. The latest edition implements extensions to exclusions from Section 301 tariffs on products from China under new subheadings 9903.88.60 and 9903.88.61 (see 2010010038). A few technical corrections are also made to General Note 11 on USMCA.
The Washington counsel for the U.S. Fashion Industry Association told members that it's not time yet to think about moving production out of Vietnam, in light of the recently announced Section 301 investigation into currency manipulation in that country (see 2010050036).
The following lawsuits were filed at the Court of International Trade during the week of Oct. 5-11:
International Trade Today is providing readers with the top stories from Sept. 28-Oct. 2 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 28-Oct. 4: