US Trade Law: Understanding Section 301 Tariffs

Anyone sourcing products from countries like China (the most affected country) should check if these tariffs apply to their goods.

💡FACT CHECK: While 301 Tariffs do apply to as many as 60% of goods imported from China... it is a misconception that 301 Tariffs only apply to goods from China.

In addition to China, Section 301 tariffs have also been applied to goods from countries like the European Union, France, and India, often in response to issues such as digital services taxes or subsidies that impact U.S. industries.

However, the primary focus remains on China due to extensive trade imbalances and intellectual property concerns. Other countries could face Section 301 actions in the future if similar trade issues arise.

You can determine if Section 301 applies to your products by checking the Harmonized Tariff Schedule (HTS) code for your items.

Searching for your product via HTS code on the U.S. International Trade Commission (USITC) site or consulting with a customs broker can help identify if tariffs are imposed on your products. Make sure to factor these tariffs into your cost planning and ensure your customs paperwork accurately reflects any applicable duties.

Depending on the method of import for your goods, you may also be exempt from paying these tariffs — for example, goods imported using the de minimis exemption (the 321 program) are not Section 301-eligible.