International Trade Today is providing readers with some of the top stories for March 16-20 in case they were missed.
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.
A coalition of U.S. manufacturers seeks the imposition of new antidumping and countervailing duties on vertical shaft engines between 99 cc and up to 225 cc, and parts thereof, from China, it said in a petition filed with the Commerce Department and the International Trade Commission March 17. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CV duty orders and the assessment of AD and CV duties on importers.
The Office of the U.S. Trade Representative issued another set of product exclusions from the third group of Section 301 tariffs on goods from China. The new exclusions from the tariffs include "one 10-digit HTSUS subheading, which covers one exclusion request, and 176 specially prepared product descriptions, which cover 202 separate exclusion requests." according to the notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the third set of tariffs took effect. The exclusions will remain in effect until Aug. 7, 2020.
The Office of the U.S Trade Representative plans to issue some new product exclusions from Section 301 tariffs on the third list of products from China (see 2003230001), it said in a notice. The product exclusions apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020. New subheading 9903.88.43 will be used for these excluded products.
The country of origin of sticky notes made from big rolls of paper that are cut in Taiwan is based on the origin of the rolls of paper, CBP said in a Feb. 18 ruling. The cutting of the paper and adding of glue is not considered to be a substantial transformation, the agency said. Staples requested its ruling through David Newman, a lawyer representing the company.
President Donald Trump, asked about a letter from businesses and trade groups sent earlier on March 18 that said he should lift sections 232 and 301 tariffs, said he couldn't imagine why Americans would want that. “China is paying us billions and billions of dollars in tariffs and there’s no reason to do that,” reporters quoted him as saying at a press conference. "It could be that China will ask for a suspension or something. We’ll see what happens. China is having a very rough time.”
The Office of the U.S. Trade Representative is requesting comments on whether the set of tariff exclusions on Chinese imports on Section 301 List 1 that are set to expire June 4 (see 1906030038) should last another year, it said in a notice. The agency will start accepting comments on the extensions on April 1. The comments are due by April 30, it said. Each exclusion will be evaluated independently. The focus of the evaluation will be whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China. The companies are required to post a public rationale.
The U.S. imported 3.03 million TVs from all countries in January, a 26.1% increase from December, but a 24% decline from January 2019, according to Census Bureau data accessed March 15 through the International Trade Commission’s DataWeb tool. January TV imports were worth $798.23 million in customs value, up 9.8% from December, but down 24.8% from the previous January. The average January TV import was worth $263.20, which was 12.6% cheaper than in December and virtually unchanged from January a year earlier.
China accounted for 26% of imports of medical devices, protective gear and other supplies needed to fight the coronavirus epidemic before the trade war began, according to a recent paper by Peterson Institute for International Economics economist Chad Bown -- and after tariffs were put on the goods, those imports fell by 16%.
The Office of the U.S. Trade Representative will grant one-year extensions to 11 exclusions from the first list of Section 301 tariffs on China that were due to expire March 25, it said in a pre-publication copy of a notice posted to its website. The notice is silent on the other exclusions issued alongside the 11 that were granted extensions, so those appear set to expire on March 25.