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1 1 (November 13, 2020)

handle is hein.crs/govdcpc0001 and id is 1 raw text is: Research Servi Section 301 Tariffs on Goods from China: International and Domestic Legal Challenges November 13, 2020 In August 2017, the Office of the U.S. Trade Representative (USTR) initiated an investigation under Section 301 of the Trade Act of 1974, into several allegedly unreasonable or discriminatory trade practices carried out by the People's Republic of China (China). On March 22, 2018, the Trump Administration issued a report finding that several of these practices were unreasonable or discriminatory and burdened U.S. commerce. Following this announcement, the Administration imposed additional tariffs on a variety of imported goods from China. These tariffs, imposed in four stages between 2018 and 2019, have been challenged by China and numerous U.S.-based importers in international and domestic legal fora. This Sidebar analyzes the litigation at the World Trade Organization (WTO) and before the U.S. Court of International Trade (CIT). Background On August 24, 2017, USTR announced an investigation into whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are actionable under authorities delegated to the President in Sections 301 through 310 of the Trade Act of 1974, often referred to as Section 301. On March 22, 2018, USTR issued a report finding that four such practices or policies justified action under Section 301: (1) China's forced technology transfer requirements; (2) cyber-enabled actions to acquire U.S. IP and trade secrets illegally; (3) discriminatory and nonmarket licensing practices; and (4) state-funded strategic acquisition of U.S. assets. (For more information on the Section 301 report and subsequent actions, see this CRS Report and In Focus.) After USTR issued its report on the outcome of its Section 301 investigation, it determined that imposing tariffs on approximately $50 billion worth of U.S. imports from China was an appropriate response, as well as filing a dispute with the WTO about China's technology licensing practices. On June 20, 2018, USTR issued a list of products covered by the first round of tariffs (List 1), with an annual trade value of approximately $34 billion. The Notice of the action indicated the U.S. Government had reviewed the extent to which the tariff subheadings . . . include products containing industrially significant technology to tailor the tariffs to those products affected by the practices identified during the Section 301 investigation. USTR issued a second list of products (List 2), covering approximately $16 billion worth of imports, on August 16, 2018. The Notice of the second action indicated this amount was identified to Congressional Research Service https://crsreports.congress. gov LSB10553 CRS Legai Sidebar Prepared for Members and Commi :tees o Congress ----------------------------------------------------------------- ----------

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