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Updated January 11, 2021


U.S. Tariff Policy: Overview

Introduction
A tariff is a customs duty levied on imported and exported
goods and services. Historically, countries used tariffs as a
primary means of collecting revenue. Today, other taxes
account for most government revenue in developed
countries. Tariffs are now typically used to protect domestic
industries or as leverage in trade negotiations and disputes.

The U.S. Constitution empowers Congress to set tariffs, a
power that Congress has partially delegated to the
President. The United States is also a member of the World
Trade Organization (WTO)  and a party to a number of trade
agreements, which include specific tariff-related
commitments.  Congress and the President thus create U.S.
tariff policy within the context of a rules-based global
trading system.

Rules-Based Global Trading System
The rules-based global trading system was established
following World War II. It began as the General Agreement
on Tariffs and Trade (GATT), which was later integrated
into a larger set of agreements establishing the WTO. This
system has aimed to reduce trade barriers and prevent trade
wars by establishing rules for the use of tariff and nontariff
barriers to trade. Among this system's core rules with
regard to tariffs are

  Nondiscrimination.  Under the most-favored nation
   (MFN)  rule, a country must extend any trade
   concession, such as a reduced tariff rate, granted to one
   country member  to all other WTO members. There are
   exceptions, such as preferential rates for FTAs, special
   treatment for developing countries, and WTO-allowed
   responses to unfair trading practices.
  Binding  Commitments.   Through multilateral
   negotiations, countries bind themselves to ceilings on
   tariff rates for specific imports. That ceiling is called the
   bound rate, which can be higher than actual applied
   rates. Lowering bound rates has been a general goal of
   each of the multilateral negotiations.
  Transparency.  The WTO   requires members to publish
   and report their tariff rates and other trade regulations.
  Safety Valves. The WTO  agreements permit members
   to raise tariffs to address unfair trade practices and to
   allow domestic industries to adjust to sudden surges in
   imports in some circumstances.
Following the establishment of the GATT in 1947 and the
WTO   in 1995, global tariff rates declined significantly,
spurring trade and opening markets for U.S. exports. Since
the establishment of the WTO, the value of exports of U.S.
goods have increased more than 160% adjusted for
inflation.


Figure  1. Weighted Average  Applied  Tariff Rates



    25                                               _W~





    Is
    20
              Euop


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Source: World Bank.
Notes: Weighted average of applied tariff rates globally and among
the five largest economies by GDP. Gaps indicate missing data.

U.S.   Tariff  Policy

Who   Makes   U.S. Tariff Policy?
The Constitution grants the power to lay and collect duties
and to regulate commerce with foreign nations to Congress.
The Constitution grants the authority to negotiate
international agreements to the President. Since tariffs are
no longer a primary source of revenue, they have
increasingly become an instrument of U.S. international
trade and foreign policy. As such, Congress now works
with the President to set tariff policy by granting authority
to negotiate trade agreements and to adjust tariffs in certain
other circumstances.

Presidential Trade Promotion  Authority (TPA). Prior to
the 1930s, Congress usually set tariff rates itself. As U.S.
and global tariff rates increased during the Great
Depression, U.S. exports decreased. Congress responded by
authorizing the President to negotiate reciprocal trade
agreements that reduced tariffs through proclamation
authority up to a pre-set boundary. Hence, such an
agreement could enter into force without further
implementing legislation. However, nontariff barriers to
trade (such as discriminatory technical standards) became a
greater focus of trade negotiations in the late 1960s. As a
result, it became difficult to predict the substance of the
negotiations and authorize changes to existing U.S. laws by
proclamation before the negotiations took place. Congress
addressed this challenge in 1974 by establishing expedited
procedures to implement more complicated future trade
agreements. Under these procedures, currently known as
Trade Promotion Authority (TPA), Congress establishes
U.S. trade negotiating objectives as well as consultation and
notification requirements. If the President satisfies these


ttps://crsreports.congress.gov

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