The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
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.
Treasury Secretary Janet Yellen, who has in the past been a skeptic of the utility of the broad scope of Section 301 tariffs on Chinese imports (see 2205180036), rejected the premise of a reporter's question that the U.S. could remove tariffs to "extend an olive branch" to China.
Members of the Select Committee on China led a letter from 66 House members to the leaders of the House Ways and Means Committee, complaining that the expiration of the Generalized System of Preferences benefits program has benefited China and led importers who had capitalized on GSP to return to China.
The following lawsuits were filed at the Court of International Trade during the weeks of June 26 - July 2 and July 3-9:
The ability to import low-value packages without paying duties is a benefit to consumers and businesses, the U.S. Chamber of Commerce and other trade groups that use de minimis are arguing, as they lobby against bipartisan efforts to curtail de minimis eligibility.
The following lawsuits were filed at the Court of International Trade during the week of June 19-25:
The top Democrat on the House Ways and Means Committee has reintroduced a bill eliminating Chinese shippers' eligibility for de minimis, keeping the ban on China, and adding a requirement that remaining de minimis shipments include at a minimum: a description; an HTS code; a country of origin, shipper, importer; and a U.S. value. The new version also dropped language around sections 232 and 301 tariffs in the previous version.
Hybrid hydraulic floor jacks are eligible for exclusion from Section 301 duties under Harmonized Tariff Schedule secondary subheading 9903.88.46, CBP headquarters ruled in a recently released ruling. CBP said that the ruling came in response to an application for further review from Costco regarding the applicability of Section 301 tariffs on its imported Arcan 3-ton Professional Grade Hybrid Service Jacks.
The following lawsuits were filed at the Court of International Trade during the weeks of May 15-21 and 22-28:
The high-profile House Select Committee on China is recommending that the de minimis threshold of $800 be reduced "with particular focus on foreign adversaries including the PRC."