ABSTRACT
In some sense, Section 301—or the process it enshrines in legislation—has existed since the Constitution was ratified. Over the years, there have been numerous examples of American presidents negotiating agreements with foreign countries to resolve trade matters. The history of Section 301 since 1974 is essentially one of the Congress tightening its control of the process and removing presidential discretion. In the 1979 Trade Act, Congress set clear deadlines for action under Section 301 and focused on foreign trade practices that violated trade agreements. In addition to creating Super 301, the 1988 Trade Act made a number of important changes to Section 301. The statute created Special 301. It also gave the US trade representative the central statutory role in making decisions on certain issues, including if and how to retaliate. The only major revisions to Section 301 since the 1988 Trade Act came in the implementing legislation for the Uruguay Round in 1994.
