ABSTRACT

Section 301 is simply a process whereby the administration, on its own volition or in response to a petition from US parties, seeks to eliminate a foreign trade barrier. Over two decades, three different versions of Section 301 have been created by law. The first and most basic is Section 301 itself, which traces its history back to the Trade Act of 1974. Section 301 has evolved into a process for identifying unfair foreign trade practices and initiating negotiations to eliminate those practices under the threat of trade retaliation. Ambassador Carla Hills, US trade representative under the Bush administration, noted that Super 301 is an entirely internal process and is most similar to posting the names of trading partners that practice unfair trade “on a bulletin board.” Super 301 was originated in the Omnibus Trade and Competitiveness Act of 1988 and was extended for 1989 and 1990.