News & Analysis as of

Section 301 Trade Act of 1974

Kelley Drye & Warren LLP

New Actions Announced by the Biden-Harris Administration May Signal Changes to De Minimis Exemption

On September 13, the Biden-Harris Administration published a fact sheet regarding its intended plans for tackling the exponential increase of shipments claiming the de minimis exemption and calls upon Congress to complement...more

Pillsbury Winthrop Shaw Pittman LLP

USTR Calls for Stakeholder Comments Following the Report on the Four-Year Review of the Section 301 Tariffs

On May 22, USTR followed up the recommendations in its March 14 report with specific proposals for increases in Section 301 tariffs. There will be an exclusion process allowing interested parties to request temporary...more

Alston & Bird

Biden Administration to Increase Tariffs on Chinese Imports in Strategic Sectors

Alston & Bird on

The Biden Administration is increasing Section 301 tariffs on a wide range of Chinese imports for “strategic sectors.” Our International Trade & Regulatory Group examines the plan....more

Fenwick & West LLP

Expanded § 301 Tariffs on Chinese Semiconductors, Solar, Batteries, and Other Strategic Sectors

Fenwick & West LLP on

On May 14, 2024, the Office of the United States Trade Representative (USTR) announced expansions to tariffs under § 301 of the Trade Act of 1974 (§ 301) on imports from China, including tariff increases on currently covered...more

WilmerHale

USTR Issues Federal Register Notice on New Section 301 Tariffs on Chinese Products and Machinery Exclusion Process

WilmerHale on

On May 22, the Office of the US Trade Representative (USTR) issued a Federal Register notice that provides additional information on the new or increased tariffs on select Chinese-origin products that USTR previously...more

Pillsbury - Global Trade & Sanctions Law

USTR Issues Long Awaited Report on the 4-Year Review of the Section 301 Tariffs

On May 14, 2024, the U.S. Trade Representative (“USTR”) published the Four-Year Review of Actions Taken in the Section 301 Investigation (“Report”), which addresses the four-year review of China-related tariffs under Section...more

Holland & Knight LLP

Biden Administration Announces Completion of China Section 301 Review and New Tariffs

Holland & Knight LLP on

The Biden Administration announced on May 14, 2024, the completion of its review of China's trade practices under Section 301 of the Trade Act of 1974. The White House announcement maintains current tariffs on Chinese imports...more

King & Spalding

USTR Releases the Results Of Its Four-Year Review Of China Section 301 Tariffs

King & Spalding on

The existing Section 301 duties will continue, with tariff increases on $18 billion of Chinese imports in strategic sectors (to be implemented by forthcoming regulations following a notice and comment process) - On May 14,...more

Torres Trade Law, PLLC

U.S. Trade Representative Initiates Section 301 Investigation of China’s Attempts to Dominate Maritime Industries

Torres Trade Law, PLLC on

On April 17, 2024, the United States Trade Representative (“USTR”) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 (“Section 301”) regarding China’s acts, policies, and practices to dominate the...more

Husch Blackwell LLP

Section 301 Exclusion Update

Husch Blackwell LLP on

On December 26, 2023, the United States Trade Representative (“USTR”) announced that it will further extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section...more

Husch Blackwell LLP

USTR Extends Reinstated Section 301 Exclusions And COVID-Related Section 301 Exclusions

Husch Blackwell LLP on

On September 6, 2023, the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section 301 of...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Another China Competition Bill: The Future of Section 301 Exclusions

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to...more

Wiley Rein LLP

U.S. Court of International Trade Upholds Section 301 Duties on China

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In a highly significant decision on March 17, 2023, a three-judge panel of the U.S. Court of International Trade (CIT) issued an opinion upholding the U.S. Trade Representative’s (USTR) imposition in 2018 and 2019 of a third...more

Holland & Knight LLP

USTR Continues 4-Year Review of Actions Taken Against China Under Section 301

Holland & Knight LLP on

The U.S. Trade Representative (USTR) is accepting public comments through Jan. 17, 2023, on its four-year review of actions taken in the Section 301 investigation against China. Responses can be submitted through the USTR...more

McDermott Will & Emery

Calling All US IP Owners: Submit Your Comments on IP-Lax States

The Office of the US Trade Representative (USTR) seeks public commentary regarding countries that deny adequate and effective protection of intellectual property rights, or deny fair and equitable market access to US persons...more

Torres Trade Law, PLLC

USTR Accepting Comments on China Section 301 Tariffs Beginning November 15th

Torres Trade Law, PLLC on

The Office of the United States Trade Representative (“USTR”) is conducting a review of the China Section 301 tariffs that were put into place in 2018 under the Trump administration. The USTR is required to review its tariffs...more

King & Spalding

USTR Opens Comment Process to Continue, Modify, Remove, or Expand Section 301 China Tariffs

King & Spalding on

Detailed questionnaire also seeks extensive information on economic impacts of the tariffs - On November 1, 2022, the Office of the United States Trade Representative (“USTR”) released a questionnaire (the “Questionnaire”)...more

Venable LLP

Section 301 Update: USTR Seeks Public Comment on the Efficacy of Section 301 Tariffs

Venable LLP on

​​​​​​​In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - October 2022 - Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s...

The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade....more

Cozen O'Connor

Section 301 Petition Concerning Mexican Seasonal and Perishable Agricultural Products Filed

Cozen O'Connor on

On September 8, 2022, 22 of Florida’s 27 U.S. Representatives, along with both of Florida’s U.S. Senators, filed a petition with the Office of the U.S. Trade Representative seeking relief under Section 301 of the Trade Act of...more

Wiley Rein LLP

USTR Maintains Section 301 Duties on China and Moves to New Phase of Reviews

Wiley Rein LLP on

On September 2, 2022, the Office of the U.S. Trade Representative (USTR) announced its intention to conduct the second phase of a review of the necessity of tariffs imposed on certain Chinese-origin goods pursuant to Section...more

White & Case LLP

USTR Extends Section 301 Tariff Exclusions for Medical Products; Further Tariff Relief Under Consideration

White & Case LLP on

On May 27, 2022, the Office of the US Trade Representative (USTR) published a Federal Register notice extending Section 301 tariff exclusions for certain China-origin medical products needed to address the COVID-19 pandemic....more

Holland & Knight LLP

USITC Opens Investigation into Economic Impact of Section 301 and Section 232 Tariffs

Holland & Knight LLP on

The U.S. International Trade Commission (USITC) announced in a notice issued on May 5, 2022, the commencement of a retrospective investigation of the economic impacts of Section 301 and Section 232 tariffs on the most...more

WilmerHale

USTR Initiates Four-Year Review of Section 301 Tariffs on Products of China

WilmerHale on

On May 5, the Office of the US Trade Representative (USTR) published a Federal Register notice initiating a statutorily-mandated “four-year review” of the Section 301 tariffs that USTR has imposed on a wide range of...more

Wiley Rein LLP

U.S. International Trade Commission Opens Investigation into Impact of Section 232 and Section 301 Duties

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On May 5, 2022, the U.S. International Trade Commission (the ITC) issued a draft Federal Register notice detailing the schedule for a new general fact-finding investigation into the economic impact of Section 232 and Section...more

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