Law Professor Says US Should Avoid Raising Section 301 Tariffs in Violation of WTO

The Biden administration's proposed Section 301 tariff hikes on various Chinese goods (see 2405220072) would continue to skirt World Trade Organization commitments and strip the global economy of international tribunals, which are key to curbing "persistent protectionism," said George Washington Law School professor Steve Charnovitz in comments on the proposed tariffs.

In his comments, Charnovitz pointed to a 2020 WTO panel ruling, which found former President Donald Trump's initial Section 301 tariffs to violate Articles I and II of the General Agreement on Tariffs and Trade. The professor said the U.S. "should uphold and respect international law, not be a casual violator of it." While this panel ruling hasn't been further adopted, that is due to American kneecapping of the Appellate Body, the comments said.

Charnovitz said that in this moment, the "need for the rule of law is especially vital in the multilateral trading system when large economies" continue to skirt WTO rules and engage in protectionism. Additional tariffs would also be "counterproductive" to achieving greater cooperation with China on many key issues, including dealing with Russian aggression, various nuclear threats, climate change and Taiwan.

Instead, Biden should look to pare down the Section 301 duties or eliminate them entirely, Charnovitz said. Higher tariffs on certain goods, including "facemasks, medical gloves, syringes and needles" are also bad policy moves, since U.S. consumers don't need higher prices on "these public health products," the comment said.