A domestic manufacturer filed petitions on Jan. 22 with the Commerce Department and the International Trade Commission requesting new antidumping duties on difluoromethane (R-32) from China. Commerce will now decide whether to begin an AD duty investigation on the refrigerant. The investigation was requested by Arkema.
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.
While the phase one deal is a welcome pause in trade war hostilities between China and the U.S., the president of the Asia Society Policy Institute said a conclusion to phase two -- which presumably would lift Section 301 tariffs -- won't come this year. The think tank's president, Kevin Rudd, who also is a former prime minister of Australia, said at a program Jan. 28, “I think the best way to look at the phase one deal is that it's a ceasefire. I wouldn't go beyond that, to be honest.” He added, “I don't think it's in either side's political interest to see phase two conclude or fail on this side of a presidential election.”
If TCL North America does not get the exclusions it seeks from the 15 percent List 4A Section 301 tariffs it has paid since Sept. 1 on flat-panel TV imports from China, it wants the Trump administration to weigh “reallocating” TVs to List 4B where there’s no current tariff exposure, the vendor said. TCL filed three separate exemption requests Jan. 23 at the Office of the U.S. Trade Representative public docket on tariff schedule subheadings 8528.72.64.30, 8528.72.64.40 and 8528.72.64.60, covering TV imports that vary by screen size. The “sole available source of LCD panels and supporting material components is China,” it said in all three applications.
CBP is awaiting official guidance from the Office of the U.S. Trade Representative for how to handle goods from China that fall under the six extended Section 301 exclusions (see 1912190060), a CBP official said during a Jan. 23 conference call. While USTR extended those exclusions beyond the Dec. 28, 2019, expiration date, the Harmonized Tariff Schedule code for those exclusions, 9903.88.05, became unusable after that date. A Federal Register notice from USTR will be necessary, the official said.
A pump assembly assembled in Mexico is subject to Section 301 duties, even though the electric motor that powers the pump is the only Chinese component and all of the other parts are Mexican, CBP said in a recent ruling. The assembly process in Mexico does not result in a substantial transformation of the motor, so the pump assembly remains a product of China, CBP said in HQ H303864, issued Dec. 26 and posted to the agency's CROSS database Jan. 9.
The volume of imports from China fell about 20 percent across the fourth quarter, Flexport executives noted during a webinar Jan. 21 -- which represents both shifting to other categories of goods and re-orienting supply chains. Ryan Petersen, CEO of the freight forwarder, said 64 percent of its clients are paying additional tariffs because of the Trump administration policies.
The International Trade Commission on Jan. 21 issued Revision 1 to the 2020 Harmonized Tariff Schedule. This latest version includes updates needed to implement the latest set of exclusions from list 3 of Section 301 tariffs on products from China (see 2001020035). The new exclusions are listed in new U.S. Note 20(pp) to subchapter III of chapter 99. New subheading 9903.88.37 is created for products entering under the exclusions, and conforming changes are made to other provisions throughout subchapter III. The exclusions take retroactive effect as of Sept. 24, 2018, the date that the list 3 tariffs took effect.
The phase one “economic and trade agreement” the U.S. and China signed Jan. 15 will take effect in 30 days and can be terminated by either country with 60 days' written notice, the deal's text said. Phase one is “a big step toward normalizing our trading relationship with China,” the Consumer Technology Association said, but “market uncertainty remains until we see permanent tariff removal.” The National Retail Federation also welcomed phase one but said phase two “can’t come soon enough.”
The Office of the U.S. Trade Representative posted a notice on the coming tariff decrease for goods from China on the 4A list that was part of the phase one trade deal between the countries (see 2001150033). “In light of the scheduled entry into force of the phase one agreement,” the goods on the 4A list will be subject to 7.5 percent tariffs, down from 15 percent, starting Feb. 14 at 12:01 a.m. EST, the USTR said.
Whether the flow of counterfeit goods shipped from China will abate as a result of the phase one U.S.-China trade agreement is yet to be seen, but Craig Allen, president of the U.S.-China Business Council, said the “language was pretty detailed and complete.” Allen, who was responding to a question from International Trade Today during a Jan. 16 conference call, said this represents “a huge shift in the official Chinese attitude. We should be appreciative of the Chinese government commitment here to better police that [counterfeit problem] internally and at their own border.”