The Biden administration will issue a notice of proposed rulemaking to forbid all goods subject to major trade actions, including Section 301 tariffs, from de minimis entry, the White House announced. It will also issue a notice of proposed rulemaking to require information submissions for de minimis packages, including the 10-digit HTS code and the person receiving the goods.
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.
It's not clear whether removing all Chinese goods or apparel from de minimis would shrink the universe of duty-free imports the most, but the latter approach, combined with a restriction for Section 301 tariff targets, may be gaining support on the Hill.
Vice President Kamala Harris called the former president's idea of imposing tariffs on imports from all countries "the Trump sales tax" during the Sept. 10 presidential debate, saying it would increase the cost of everyday goods by 20%.
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 19-25, Aug. 26 - Sept. 1, Sept. 2-8:
House Ways and Means Trade Subcommittee Chairman Adrian Smith, R-Neb., said members of Congress have a wide range of views "of what the reaction should be" to compliance weaknesses in de minimis shipments. "But I think we need to continue the conversation and look for solutions that can generate the results we need," he said. Smith said he thinks Congress can pass a de minimis bill this year.
The House of Representatives will not be voting on a de minimis restriction as part of its "China week," according to a list of 31 bills published by its leadership Sept. 3. House Speaker Mike Johnson, R-La., had said in July that he expected changes to de minimis to be part of the package (see 2407080049).
National Security Adviser Jake Sullivan told China's foreign minister that the U.S. is still concerned about the Chinese government's "unfair trade policies and non-market economic practices," according to a White House readout that focused more on military and law enforcement issues than trade.
Princeton University professor Aaron Friedberg, who serves on the U.S.-China Economic and Security Review Commission, says his recent Foreign Affairs essay on addressing Chinese exporting ambitions is an effort to put forward a vision of what "we want the global economy to actually look like," something he says has been missing in the piecemeal efforts of Section 301 tariffs, EU trade defenses and anti-coercion instruments and other reactions to Chinese nonmarket overcapacity.
The Center for Strategic and International Studies "Trade Guys" said that while there is some pressure on Congress to get the Generalized Systems of Preferences benefits program renewed, and restrict de minimis, competing pressures make it unlikely bills will become law this year.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 12-18: