Section 301 – Korea's Acts, Policies, and Practices Concerning Coupang (Petition)

A Section 301 matter is a U.S. trade proceeding concerning an alleged unreasonable, discriminatory, or burdensome act, policy, or practice of a foreign government that affects U.S. commerce. “Petition” generally means a party has asked the U.S. Trade Representative (USTR) to investigate; it does not, by itself, mean that an additional import duty or other restriction has been imposed. The reference to Korea’s practices concerning Coupang identifies the subject of the proceeding, not necessarily a product classification or a final trade remedy.

An importer could be affected if the proceeding later leads to a trade action covering particular products, services, companies, or transactions. The relevant terms to learn are “scope” (what the action covers), “country of origin” (where the goods are legally considered made), “Harmonized Tariff Schedule (HTSUS) classification” (the product code used for U.S. entry), and “effective measure” (an action currently in force). Whether a shipment is covered depends on the official notice and its conditions, not just the fact that it involves Korea or Coupang.

What to check

• Check the latest official USTR notice to determine whether the matter is only a petition or has progressed to an investigation, finding, or trade action.
• Read the measure’s scope carefully, including covered products, services, entities, transactions, exclusions, and any entry or origin conditions.
• Confirm the product’s HTSUS classification and country of origin using the applicable customs records and, when needed, a customs broker or binding ruling process.
• Do not assume that a Korean seller, marketplace, or brand establishes Korean country of origin; verify where the goods were manufactured or substantially transformed.
• Review entry instructions and official customs guidance before applying any additional duty, exclusion, certification, or reporting treatment.