Section 301 Tariffs

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On April 1, 2022, a three judge panel of the U.S. Court of International Trade (CIT) unanimously found that the Office of the United States Trade Representative’s (USTR’s) imposition of Section 301 List 3 and List 4A tariffs on Chinese products failed to comply with the Administrative Procedures Act (APA). Specifically, the court ruled that…

On August 24,2017, the Office of the U.S. Trade Representative (USTR) began a Section 301 investigation to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were actionable under the Trade Act of 1974. On March 22, 2018, USTR announced its affirmative findings and imposed…

On June 17, 2021, the House Ways and Means Committee advanced the Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021. The announced legislation follows Senate passage of similar GSP and MTB provisions, as well as Section 301 provisions in the Trade Act of 2021 as part of the omnibus U.S. Innovation…

On June 8, 2021, the Senate voted 68 to 32 to approve The American Innovation and Competition Act. Among other pieces of legislation, the omnibus package includes The Trade Act of 2021 which contains provisions to reestablish a Section 301 tariff exclusion and renewal process. Specifically, Division G (The Trade Act of 2021), Title III,…

On February 10, 2021, the CIT issued a procedural order that requires all Section 301 cases to receive notice under a master case named “In Re Section 301 Cases, CIT Ct. No. 21-cv-00052.” The decision was made in an effort to streamline the more than 3,500 lawsuits the CIT has received from importers…

On February 11, 2021, the Biden Administration decided not to increase tariffs against the European Union. In a Federal Register notice released today (Feb 12th), the Administration announced that “The U.S. Trade Representative together with the affected United States industry have agreed that it is unnecessary at this time to revise the action…

On December 28 and 29, the U.S. Trade Representative (USTR) conducted public hearings on Vietnam’s timber imports and currency practices. Participant lists and hearing transcripts are available below. Post-hearing rebuttal comments are due January 6 and 7.

More information on the initiation of the investigations and hearings is available in our October and November posts.…

In response to recent action by the European Union in the Large Civil Aircraft (Boeing-Airbus) Dispute in the World Trade Organization (“WTO”), the United States Trade Representative (“USTR”) has announced the inclusion of additional products to the list of EU goods subject to Section 301 tariffs.

Section 301 tariffs will apply to specified additional products…

The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A)…

On May 12, 2020, the China State Tariff Commission of the State Council issued a new round of tariff exemptions on China’s Batch 2 of $60 billion worth of US imports. China implemented retaliatory tariffs following the Trump administration’s imposition of Section 301 tariffs on Chinese imported goods. This is the second instance of exclusions…