After October's deadline passed without an agreement between the U.S. and the EU on a global trade deal for steel and aluminum (see 2404040034), talks are still ongoing, the European Commission’s top trade official said during a news conference April 18.
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.
U.S. Trade Representative Katherine Tai gave testimony April 17 to the Senate Finance Committee regarding President Joe Biden’s 2024 trade policy agenda. She touched mainly on trade deal enforcement, U.S. exporters’ access to new markets and the USTR’s new stance on digital trade, though she also discussed issues such as forced labor and the upcoming legislation on the Generalized System of Preferences benefits program.
President Joe Biden on April 17 called for a “tripling” of Section 301 tariffs on Chinese steel and aluminum, urging the Office of the U.S. Trade Representative to “consider” the increase from the current average 7.5% rate in its ongoing review of Section 301 tariffs.
The Office of the U.S. Trade Representative is beginning a new Section 301 investigation on alleged unfair practices in China’s maritime, logistics and shipbuilding sectors, the agency said in a news release April 17.
The following lawsuits were filed at the Court of International Trade during the week of April 8-14:
U.S. Trade Representative Katherine Tai testified April 16 before the House Ways and Means Committee regarding the Biden administration’s trade policy agenda for 2024. She expressed support for upcoming legislation to renew the Generalized System of Preferences benefits program and to close the de minimis imports loophole (see 2404160029), and she detailed some of the administration’s values and aims for the upcoming year. “Our approach is one that addresses and advances the interests of all parts of our economy and does not pit Americans against Americans,” she said.
Sen. Sherrod Brown, D-Ohio, wrote to President Joe Biden saying that he should "take bold, aggressive action and to permanently ban" electric vehicles "produced by Chinese companies or whatever subsidiaries they establish to conceal their origins."
Lori Wallach, head of Rethink Trade and a longtime free-trade skeptic, said the House Ways and Means Committee plans to vote next week on a new bill to restrict de minimis, which wouldn't allow goods subject to Section 301 tariffs to enter through the de minimis pathway. The Section 301 tariffs covered roughly two-thirds of Chinese exports at the time the last round was imposed, but trade flows have shifted as a result of the tariffs, as imports of those tariff lines from China fell by 13%, according to the International Trade Commission.
U.S. Trade Representative Katherine Tai said she hopes "we can announce the result of [the Section 301] review soon," though she later declined to say whether that would be when she appears next week before the House and Senate committees that oversee her office.
American and Chinese officials discussed tariffs, export controls and market access issues during the April 2-5 first meetings of the U.S.-China Commercial Issues Working Group, both countries said in readouts after the talks.