International Trade Blog

Now that Brexit is finalized, many are wondering what this means for trade between the United States and the United Kingdom. Both countries were restricted from formerly negotiating a trade pact while the U.K. was part of the European Union (EU). However, unbeknownst to many, the U.S. and the U.K. held informal talks for some time prior to Brexit so that a structure would be ready when the time came.

Former President Trump was very much in favor of a deal with the U.K., even though conceptually he did not like bilateral trade agreements. Part of this was his affinity for U.K. Prime Minister Boris Johnson and some antipathy for EU leaders. President Biden is also expected to pursue a trade deal with the U.K.

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The first and second parts of this series, Section 301 of the Trade Act of 1974: Yesterday, Today and Tomorrow, illustrated how, for many years,  Section 301 was used to eliminate trade barriers and open markets to U.S. exports. However, the average business may not have become familiar with this law until President Trump began to invoke it and impose tariffs against China in 2018. The Office of the United States Trade Representative (USTR)—after a notice in the Federal Register and a period for public comment—determined that China violated Section 301 by denying market access to United States companies and infringing on their intellectual property rights. Based on this finding, President Trump imposed the first round of 15% tariffs on $34 billion of Chinese goods covered in what is referred to as List 1.

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In the first article of this series—How Section 301 Investigations and Tariffs Have Impacted Trade—I gave an introduction to Section 301 of the Trade Act of 1974, a trade law with a long history and one which has been used more frequently during the Trump administration. I traced the use of the law through the founding of the World Trade Organization (WTO) and the historic Japanese semiconductor investigations in the mid 1980s.

Today I'll look at Special 301, which emerged in the late 1980s and 1990s to address trade barriers to U.S. companies due to the ineffective protection and enforcement of intellectual property rights.   

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The past two years, importers and exporters have become increasingly familiar with Section 301 of the Trade Act of 1974: the Trump administration has used it extensively to impose tariffs on approximately $370 billion in Chinese-origin goods. But you may be less familiar with how this versatile statute was used over the past 45 years to eliminate trade barriers with other countries and open markets to U.S. exports. 

This article looks at how the use of Section 301 has evolved since its inception and examines one of the more significant earlier investigations under the law. Look for future articles about how the law is being used in regards to China and on strategies companies should be using to monitor its use.    

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