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Section 301 of the Trade Act of 1974 (CRS Report for Congress)

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Release Date Revised May 13, 2024
Report Number IF11346
Report Type In Focus
Authors Andres B. Schwarzenberg
Source Agency Congressional Research Service
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Summary:

Section 301 of the Trade Act of 1974 grants the Office of the United States Trade Representative (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. Prior to the Trump Administration and since the establishment of the World Trade Organization (WTO) in 1995, the United States used Section 301 authorities primarily to build cases and pursue dispute settlement at the WTO. Former President Trump was more willing than previous officials to act unilaterally under these authorities. The Trump Administration attributed this shift in policy to its determination to close a persistent gap between U.S. and foreign government practices that it said disadvantaged U.S. firms. In addition, it justified many of its tariff actions—particularly those against China—by pointing to alleged weaknesses in WTO dispute settlement procedures and the inadequacy or nonexistence of WTO rules to address certain Chinese trade practices. It also cited the failure of past trade negotiations and agreements to enhance reciprocal market access for U.S. firms and workers. The recent use of Section 301 has been the subject of congressional and broader international debate. In 2021, the Biden Administration took a number of steps to eliminate certain foreign practices and policies that were the subject of Section 301 investigations. The Administration continues to review its strategy for China, and so far, it has extended and reinstated certain tariff exclusions and is conducting a review of all Section 301 actions against China.
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