Concerns over trading partner trade practices and the U.S. trade deficit have been a focus of the Trump Administration. Citing these concerns and others, the President has imposed tariffs under three U.S. laws and authorities that allow the Administration to unilaterally impose trade restrictions: (1) Section 201 (Table 1) on U.S. imports of washing machines and solar products; (2) Section 232 (Table 2) on U.S. imports of steel and aluminum, and potentially autos and uranium, and (3) Section 301 (Table 3) on U.S. imports from China. Congress delegated aspects of its constitutional authority to regulate foreign commerce to the President through these trade laws. These statutory authorities allow presidential action, based on agency investigations and other criteria, to impose import restrictions to address specific concerns (see text box). They have been used infrequently in the past two decades, in part due to the 1995 creation of the World Trade Organization (WTO) and its enforceable dispute settlement system. Prior to this Administration, U.S. import restrictions were last imposed under these trade laws in 1982 for Section 232, 2001 for Section 301, and 2002 for Section 201. For more on the impact of these actions, see CRS Insight IN10971, Escalating Tariffs: Potential Impacts.
U.S. Laws Related To Trump Administration Trade Actions Section 201 of the Trade Act of 1974—Allows the President to impose temporary duties and other trade measures if the U.S. International Trade Commission (ITC) determines a surge in imports is a substantial cause or threat of serious injury to a U.S. industry. Section 232 of the Trade Expansion Act of 1962—Allows the President to take action to adjust imports of products the Department of Commerce finds to be imported into the United States in such quantities or under such circumstances as to threaten to impair U.S. national security. Section 301 of the Trade Act of 1974—Allows the United States Trade Representative (USTR) to suspend trade agreement concessions or impose import restrictions if it determines a U.S. trading partner is violating trade agreement commitments or engaging in discriminatory or unreasonable practices that burden or restrict U.S. commerce. |
Increasing U.S. tariffs or imposing other import restrictions through these laws potentially opens the United States to complaints that it is violating its WTO and free trade agreement (FTA) commitments. Several U.S. trading partners, including Canada, China, Mexico, and the European Union, have initiated dispute settlement proceedings and imposed retaliatory tariffs in response. The retaliatory actions also raise questions with regard to their adherence to WTO commitments.
The tables below provide a timeline of key events related to each U.S. trade action. In addition to tariffs, the President has imposed quotas, or quantitative limits on U.S. imports of certain goods from specified countries, as well as tariff-rate quotas (TRQs), for which one tariff applies up to a specific quantity of imports and a higher tariff applies above that threshold.
Key Dates |
|
U.S. Import Restriction |
Solar Cells: 4-year TRQ with 30% above quota tariff, descending 5% annually. Solar Modules: 4-year 30% tariff, descending 5% annually. Large Residential Washers: 3-year TRQ, 20% in quota tariff descending 2% annually, 50% above quota tariff descending 5% annually. Large Residential Washer Parts: 3-year TRQ, 50% above quota tariff, descending 5% annually. |
Countries Affected |
Canada excluded from the duties on washers. Certain developing countries excluded if they account for less than 3% individually or 9% collectively of U.S. imports of solar cells or large residential washers, respectively. All other countries included. |
Current Status |
Effective February 7, 2018. |
Key Dates |
|
U.S. Import Restriction |
Aluminum: 10% tariffs on specified list of aluminum imports effective indefinitely. Steel: 25% tariffs on specified list of steel imports effective indefinitely; 50% tariffs on steel imports from Turkey. |
Countries Affected |
Aluminum: Australia and Argentina* permanently exempted. Steel: Australia, Argentina*, Brazil*, and South Korea* permanently exempted. All other countries included. (*) Quantitative import restrictions imposed in place of tariffs. |
Current Status |
Effective March 23, 2018. (Retaliation also in effect, see CRS Insight IN10971, Escalating Tariffs: Potential Impacts.) |
Key Dates |
|
U.S. Import Restriction |
Stage 1—25% import tariff on 818 U.S. imports (final, approx. $34 billion) Stage 2—25% import tariff on 279 U.S. imports (final, approx. $16 billion). Stage 3—10% import tariff increasing to 25% on January 1, 2019 on 5,745 U.S. imports (final, approx. $200 billion). |
Countries Affected |
China |
Current Status |
Stage 1—Effective July 6, 2018. Stage 2—Effective August 23, 2018. Stage 3—Effective September 24, 2018. (Retaliation also in effect, see CRS Insight IN10971, Escalating Tariffs: Potential Impacts.) |