Category: Section 301

Section 301 Actions

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

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.

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Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

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.

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Section 301 Exclusions

Refunds Available? USTR Announces Reinstated Section 301 Exclusions

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).

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Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

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.

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Digital service tax investigation

Section 301 Digital Service Tax Investigation

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.

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China Vietnam USTR Investigation

China… Vietnam…What’s Next?

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.

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protests cit

To File or Not to File Protests?

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 …

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section 301 CIT Litigation

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

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 …

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