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1 1 (July 22, 2021)

handle is hein.crs/goveeef0001 and id is 1 raw text is: Congressional ______ ~.Research Service ~nformrng the legis aive debate since 1914____________________ Section 301 Tariffs on Goods from China: International and Domestic Legal Challenges Updated July 22, 2021 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. Although these legal challenges involve the Section 301 investigation and tariff actions initiated by the Trump Administration, the Biden Administration has thus far signaled its intent to leave the tariffs in place, and the related legal disputes remain ongoing. 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 (IP), 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 Chinese practices or policies justified action under Section 301: (1) 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. The USTR also initiated a dispute at the WTO about China's technology licensing practices, although it was suspended while the United States and China negotiated the Phase One trade agreement; since then, authority for the WTO panel lapsed. 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 reviewed the extent to which the tariff subheadings . . . include products Congressional Research Service https://crsreports.congress.gov LSB10553 CRS Legal Sidebar Prepared for Members and Committees of Congress

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