Articles Tagged with Section 301 Tariffs

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On September 13, 2024 USTR announced modifications to the tariffs originally imposed under Section 301 of the Trade Act of 1974 to pressure China to eliminate unreasonable policies and practices related to technology transfer and intellectual property protection. The changes reflect a comprehensive review of the duties required by statute.

USTR’s announcement follows its May 14, 2024 report on the four-year anniversary review of the Section 301 tariffs. The May 14, 2024, report stated that USTR would continue existing Section 301 tariffs on most products and proposed new or increased tariffs on products in certain strategic sectors, including lithium-ion batteries, lead acid battery parts, electric vehicles, critical minerals, permanent magnets, semiconductors, solar cells, ship-to-shore cranes, steel and aluminum and medical and personal protective equipment. USTR proposed granting certain limited exclusions for solar manufacturing equipment and for machinery used in domestic manufacturing.

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On September 15, 2020, a World Trade Organization (“WTO”) panel found that the Trump Administration’s unilateral tariffs imposed on Chinese products violated WTO rules regarding nondiscrimination and import tariff rates agreed to by the United States.  The dispute concerned China’s challenge to the Trump Administration’s tariffs imposed pursuant to the Trump Administration’s investigation under Section 301 of China’s intellectual property and technology transfer practices.  Specifically, China challenged USTR List 1 (discussed here) and List 3 (discussed here).

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On September 1, a new round of Section 301 duties will be imposed on “List 4” products. President Trump previously announced plans for these duties, but had delayed implementation in June citing progress on the negotiations with China leading up to the G20 summit. Reportedly, however, the recently resumed talks have not led to the progress desired by the Administration. In his series of tweets announcing the 10 percent tariff, President Trump stated that China had failed to purchase increased quantities of U.S. agricultural goods and reduce the flow of fentanyl into the United States.

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