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  • 14 hours ago
The Trump administration is using Section 301 to investigate 16 countries, including Taiwan, for what it calls unfair trade practices. US trade lawyer James Ransdell says the law gives Washington broad and flexible authority to impose tariffs, and is less vulnerable to court challenges than the emergency powers tool struck down by the US Supreme Court.

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00:00So James, the U.S. is investigating 16 countries, including Taiwan, for potentially discriminatory
00:06or unfair trade practices under a law known as Section 301. There's been a lot of sections
00:12thrown around recently in tariff law, Section 122, 232. How does Section 301 compare to these
00:19other tariff authorities? So of all the many tariff authorities that are being kicked around
00:24now, Section 301 probably comes the closest to the way that the Trump administration had
00:29conceived of the International Emergency Economic Powers Act tariffs sort of granting them very
00:38broad authority, very flexible authority. The difference really comes in the procedure leading
00:43up to those tariffs. Very broad standard, nonspecific, much like AIBA in that regard. But they still
00:51have to go through the process. They'll publish a report. The statute gives them a year to do
00:56so. They can move much faster. And the schedule they've announced suggests that they intend
01:02this to run no longer than that 150-day period that the current sort of, I guess, Band-Aid
01:10Section 122 tariffs are going to last. Just last month, the U.S. Supreme Court overturned
01:17the tariffs under an emergency law that you just mentioned, also known as AIEPA. Could we
01:22see that same thing here with Section 301? I don't think court cases are likely to be
01:27filed challenging the ability to impose tariffs pursuant to 301 because the statute's fairly
01:33explicit in that regard. So why have these 16 countries been singled out? And once these
01:38investigations are complete, do you expect all the countries will have tariffs imposed on
01:42them? So what these countries overlap with most, I guess, strikingly, is the list of countries
01:51that had some sort of reciprocal trade deal with the administration prior to the AIEPA tariffs being
01:59held unlawful by the Supreme Court. Question whether you include the People's Republic of China
02:07in that group, given that their deal was really more of a detente, my expectation would be that
02:13all of them are going to end up with a Section 301 tariff placed upon them. On the other hand,
02:19my expectation would be that the countries that had reciprocal trade deals going into the Section
02:25301 investigation are going to come out with a tariff arrangement that looks essentially identical
02:32or very close to identical to the deal rate that was negotiated previously. And so for a lot of
02:40countries, that actually looks better than the current Section 122 tariffs.
02:45You know, ever since the AIEPA tariffs were overturned last month, there's been a lot of debate in Taiwan
02:50about whether a recent trade deal struck with Washington was worth it. Now that Section 301 is on the
02:56table, does that change the picture for Taiwan?
02:59I think for a lot of people right now contemplating, you know, whether Taiwan acted correctly or wisely
03:07in sort of coming to a deal under the AIEPA tariffs would be to observe that, you know, tariff version
03:161.0 under AIEPA is likely to look very similar to tariff version 2.0 under Section 301. And so,
03:24although there's, you know, obviously this sort of transition period between 1.0 and 2.0,
03:30it seems like the ultimate landing place is going to be quite similar.
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