Category: Section 301

USTR Use of Section 301 to Impose Tariffs on China

Another China Competition Bill: The Future of Section 301 Exclusions #2

June 5, 2023

By Adrienne Braumiller, Partner & Founder

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 impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”

Read More »
Customs and International Trade

Key Legal Developments in 2023 Concerning United States Customs and International Trade

June 5, 2023

By Adrienne Braumiller, Partner & Founder, Harold Jackson, Associate Attorney, and Gavin Anderson, Braumiller Consulting Trade Advisor

Section 301 Tariffs on Chinese goods continues to be at the forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade Representative (USTR) began a two-phase notice-and-comment period in May 2022.

Read More »
Court of International Trade (CIT) and USTR

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

April 5, 2023

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.

Read More »
Court of International Trade (CIT) and USTR

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

February 1, 2023

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.

Read More »
Section 301 Actions

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

October 2, 2022

By: Harold Jackson, Braumiller Law Group Associate
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. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

Read More »
Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

June 12, 2022

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

Read More »
Section 301 Exclusions

Refunds Available? USTR Announces Reinstated Section 301 Exclusions

April 10, 2022

By: Brandon French, Associate, Braumiller Law Group

Since the end of 2020, almost all companies were forced to begin paying the Section 301 duties as most available exclusions expired. This was a major hit for companies who were relying on the exclusions, as the additional duties were either 25% (List 1, 2, and 3) or 15% (List 4A).

Read More »
Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

March 13, 2022

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

Read More »
Digital service tax investigation

Section 301 Digital Service Tax Investigation

February 1, 2021

By Jennifer Horvath, Partner, Braumiller Law Group

The primary focus of companies over the past few years has been on the Section 301 China tariffs. However, businesses should be aware of the ongoing Section 301 investigation into digital service taxes (DST) by certain countries.

Read More »
China Vietnam USTR Investigation

China… Vietnam…What’s Next?

December 12, 2020

By Jennifer Horvath, Partner, BLG 

Many people are aware of the Section 301 investigation into the unfair trade practices of the People’s Republic of China (PRC). However, a similar investigation has recently been initiated by the United States Trade Representative (USTR) into actions by Vietnam.

Read More »
protests cit

To File or Not to File Protests?

October 9, 2020

By: Adrienne Braumiller & Vicky Wu Braumiller Law Group
George Tuttle III, Law Offices of George R. Tuttle

On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under …

Read More »
section 301 CIT Litigation

Section 301 CIT Litigation: Current Status and What’s Next?

October 8, 2020

By: Brandon French, Associate Attorney, BLG

As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed …

Read More »
Taiwan

Taiwan, Invasion & Trade, Part 2

February 5, 2024

By: Victoria Holmes, Braumiller Law Group
President elect Lai Ching-te’s victory in Taipei ignited tensions across the Taiwan strait and now the geopolitical field waits to see if China

Read More »
USTR Use of Section 301 to Impose Tariffs on China

Another China Competition Bill: The Future of Section 301 Exclusions #2

June 5, 2023

By Adrienne Braumiller, Partner & Founder

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 impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”

Read More »
Customs and International Trade

Key Legal Developments in 2023 Concerning United States Customs and International Trade

June 5, 2023

By Adrienne Braumiller, Partner & Founder, Harold Jackson, Associate Attorney, and Gavin Anderson, Braumiller Consulting Trade Advisor

Section 301 Tariffs on Chinese goods continues to be at the forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade Representative (USTR) began a two-phase notice-and-comment period in May 2022.

Read More »
Court of International Trade (CIT) and USTR

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

April 5, 2023

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.

Read More »
Court of International Trade (CIT) and USTR

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

February 1, 2023

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.

Read More »
Section 301 Actions

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

October 2, 2022

By: Harold Jackson, Braumiller Law Group Associate
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. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

Read More »
Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

June 12, 2022

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

Read More »
Section 301 Exclusions

Refunds Available? USTR Announces Reinstated Section 301 Exclusions

April 10, 2022

By: Brandon French, Associate, Braumiller Law Group

Since the end of 2020, almost all companies were forced to begin paying the Section 301 duties as most available exclusions expired. This was a major hit for companies who were relying on the exclusions, as the additional duties were either 25% (List 1, 2, and 3) or 15% (List 4A).

Read More »
Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

March 13, 2022

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

Read More »
Digital service tax investigation

Section 301 Digital Service Tax Investigation

February 1, 2021

By Jennifer Horvath, Partner, Braumiller Law Group

The primary focus of companies over the past few years has been on the Section 301 China tariffs. However, businesses should be aware of the ongoing Section 301 investigation into digital service taxes (DST) by certain countries.

Read More »
China Vietnam USTR Investigation

China… Vietnam…What’s Next?

December 12, 2020

By Jennifer Horvath, Partner, BLG 

Many people are aware of the Section 301 investigation into the unfair trade practices of the People’s Republic of China (PRC). However, a similar investigation has recently been initiated by the United States Trade Representative (USTR) into actions by Vietnam.

Read More »
protests cit

To File or Not to File Protests?

October 9, 2020

By: Adrienne Braumiller & Vicky Wu Braumiller Law Group
George Tuttle III, Law Offices of George R. Tuttle

On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under …

Read More »
section 301 CIT Litigation

Section 301 CIT Litigation: Current Status and What’s Next?

October 8, 2020

By: Brandon French, Associate Attorney, BLG

As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed …

Read More »
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