Trade Remedies

Section 301 Tariffs

Also known as: Section 301 · 301 Tariffs · 301 Duties

Punitive tariffs imposed by USTR under the Trade Act of 1974 to address unfair foreign trade practices — most prominently against China since 2018.

Section 301 of the Trade Act of 1974 (19 U.S.C. §§ 2411–2420) authorizes the U.S. Trade Representative to investigate and respond to foreign acts, policies, or practices that are unjustifiable, unreasonable, or discriminatory and that burden or restrict U.S. commerce. The available remedies include increased tariffs, import restrictions, and the withdrawal of trade concessions.

The current Section 301 program targets China's acts and policies related to technology transfer, intellectual property, and innovation. After a 2017 investigation, USTR imposed four tranches of tariffs:

  • List 1 — $34B in Chinese imports, 25%, effective July 6, 2018 (aerospace, IT, semiconductors, machinery)
  • List 2 — $16B, 25%, effective August 23, 2018 (semiconductors, plastics, chemicals)
  • List 3 — $200B, initially 10% in September 2018, raised to 25% in May 2019 (broad consumer and industrial goods)
  • List 4A — $300B at 7.5%, effective September 2019 (apparel, footwear, electronics)

Section 301 duties are declared under Chapter 99 of the HTSUS — typically subheadings 9903.88.01 through 9903.88.15 — on top of the underlying Chapter 1–97 rate.

Following the statutory four-year review completed in May 2024, USTR raised duties on strategic sectors: electric vehicles to 100%, lithium-ion batteries to 25%, solar cells to 50%, semiconductors to 50%, and medical products including syringes, needles, and personal protective equipment. Additional increases on tungsten, polysilicon, and wafers took effect in January 2025.

Importers can request product-specific exclusions through periodic exclusion processes; granted exclusions are published as separate Chapter 99 provisions.

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Related Terms

Section 301 List 1

The first tranche of Section 301 tariffs on Chinese imports, imposing 25% duties on approximately $34 billion of aerospace, IT, semiconductor, and machinery products, effective July 6, 2018.

Section 301 List 2

The second tranche of Section 301 tariffs on Chinese imports, imposing 25% duties on approximately $16 billion of semiconductors, plastics, and chemicals, effective August 23, 2018.

Section 301 List 3

The third and largest tranche of Section 301 tariffs on Chinese imports — approximately $200 billion in coverage, initially at 10% in September 2018, raised to 25% in May 2019.

Section 301 List 4A

The fourth tranche of Section 301 tariffs on Chinese imports, covering approximately $300 billion of consumer goods at 7.5% (originally 15%), effective September 1, 2019.

Tariff Exclusion Process

A USTR or Commerce administrative process allowing importers to request that specific products be excluded from Section 301 or Section 232 duties — granted exclusions appear as separate Chapter 99 provisions.

Chapter 99

Chapter 99 is the US-only HTS chapter where temporary tariff measures are applied, including Section 301, Section 232, and IEEPA duties, declared as a second 9903 line on the entry.
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