Sens. Bob Menendez, D-N.J., and Bill Cassidy, R-La., introduced a bill that would refund tariffs on imports that were hit with 25% tariffs during the Airbus-Boeing dispute, and also would prevent tariffs from being applied to goods on the water in the future.
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.
Sen. Mark Warner, D-Va., one of the primary movers behind the Chips Act, told an audience that more domains need policymakers' attention so that they don't wake up to find that China has become dominant in an important emerging technology. He noted that before becoming a politician, he "was in the telecommunication space," and said that realizing that China is dominating 5G with two heavily subsidized champion companies was the "final wake-up call" that engagement and deeper trade with China is not the right way to go.
The early submissions to the Office of the U.S. Trade Representative on whether the 7.5% and 25% tariffs on Chinese goods should continue were heavily against continuing the action. More than 90% of the 27 submissions either said end all the tariffs or urged dropping the ones that affect businesses or workers.
The Office of the U.S. Trade Representative is extending exclusions from Section 301 China tariffs for 81 products related to the COVID-19 pandemic through February 2023, it said in a notice released Nov. 23. The exclusions, originally granted Dec. 29, 2020, were scheduled to expire Nov. 30, USTR said. “In light of the continuing efforts to combat COVID, the exclusions have been extended for an additional 90 days, through February 28, 2023,” USTR said in an emailed announcement.
Exclusions from Section 301 China tariffs for 81 medical care products related to COVID-19 will be extended until the end of February 2023, the Office of the U.S. Trade Representative said in a pre-publication notice released Nov. 23. The exclusions had been set to expire Nov. 30.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 14-20:
A report from Republicans on the Joint Economic Committee in Congress said that while the Federal Reserve is doing the right thing to drive down inflation, Congress should act to remove Section 301 tariffs on Chinese imports, and Section 232 tariffs on steel and aluminum. "These 2018-2020 era tariffs are currently in effect on $280 billion of U.S. imports, imposing a $50 billion annual cost burden on U.S. producers and consumers that use imported goods. Estimates suggest that removing recently imposed tariffs on imports from China, steel and aluminum imports, and Canadian lumber imports could deliver a one-time inflation reduction of 1.3 percentage point," the report said. There is no mechanism for Congress to roll back the softwood lumber duties, as they are antidumping and countervailing duties. However, the U.S. used to lower the trade remedies when the cost of lumber rose above certain thresholds.
The Information Technology and Innovation Foundation says the Section 301 tariffs on Chinese imports have been fruitless, and antidumping and countervailing duty laws also are inadequate to counter the wide variety of abuses from China -- industrial espionage, forced technology transfer, discrimination against foreign sales in China, as well as enormous subsidies. "It is time for the U.S. government, ideally working with allies, to craft and implement a new set of trade defense instruments," ITIF Founder Robert Atkinson wrote in a white paper released Nov. 21.
Simon Lester, president of China Trade Monitor and WorldTradeLaw.net, said he doesn't expect any large changes in the Biden administration's trade policy following the midterm elections. In a blog post Nov. 15, Lester wrote that while the administration could look at the election results as not provoking too much of a backlash to its trade policy, it's more likely that the election cycle was favorable to Democrats, due to the Supreme Court's Dobbs decision and "terrible" GOP candidates.
With the expected shift to a Republican majority in the House -- and the retirement from Congress of former Ways and Means Chairman Kevin Brady -- Republicans will have three choices to lead the powerful committee.