Section 301 of the Trade Act of 1974
US law authorizing retaliation against violations of trade agreements / From Wikipedia, the free encyclopedia
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Section 301 of the U.S. Trade Act of 1974 (Pub. L.Tooltip Public Law (United States) 93–618, 19 U.S.C. § 2411, last amended March 23, 2018[1]) authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce. Section 301 cases can be self-initiated by the United States Trade Representative (USTR) or as the result of a petition filed by a firm or industry group. If USTR initiates a Section 301 investigation, it must seek to negotiate a settlement with the foreign country in the form of compensation or elimination of the trade barrier. For cases involving trade agreements, the USTR is required to request formal dispute proceedings as provided by the trade agreements.[2] The law does not require that the U.S. government wait until it receives authorization from the World Trade Organization (WTO) to take enforcement actions, and the President is increasingly focused on enforcing intellectual property (IP) rights (under Agreements that may be outside of the WTO) under the "Special" 301 amendments[3] but the U.S. has committed itself to pursuing the resolution of disputes under WTO agreements through the WTO dispute settlement mechanism, which has its own timetable.[4]