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Section 301 of the Trade Act of 1974
Also known as: Section 201 of the Trade Act of 1974, Section 301 of the Trade Act, section 201 of the Trade Act of 1974
Facts (19)
Sources
International Trade Agreements and U.S. Tariff Laws everycrsreport.com May 12, 2025 8 facts
accountFollowing the creation of the World Trade Organization in 1995, the United States largely refrained from using Section 301 of the Trade Act of 1974 and instead pursued WTO dispute resolution.
claimThe statutory criteria for relief under Section 201 of the Trade Act of 1974 correspond to provisions under the GATT and the WTO Agreement on Safeguards.
procedureSection 301 of the Trade Act of 1974 requires the U.S. Trade Representative to consult with the foreign country involved in a trade dispute and, if a mutually acceptable resolution is not reached within a specified time frame, to request dispute settlement proceedings under the relevant trade agreement.
accountRecent U.S. administrations have used Section 201 of the Trade Act of 1974 to impose tariffs on solar cell products and residential washing machines.
claimSection 201 of the Trade Act of 1974 (19 U.S.C. § 2251) authorizes the U.S. President to impose temporary safeguard tariffs or take other actions if the U.S. International Trade Commission finds that a surge in imports is causing or threatening serious injury to a U.S. domestic industry.
claimSection 301 of the Trade Act of 1974 (19 U.S.C. § 2411) authorizes the U.S. Trade Representative to respond to foreign trade practices that violate U.S. rights under a trade agreement or are deemed unreasonable or discriminatory and burden or restrict U.S. commerce.
measurementIn 2018, the U.S. Trade Representative invoked Section 301 of the Trade Act of 1974 to impose tariffs on $300 billion of imports from the People's Republic of China.
procedureUnder Section 301 of the Trade Act of 1974, the U.S. Trade Representative may respond to foreign trade practices by imposing tariffs or fees, withdrawing concessions made under a trade agreement, or entering into new agreements.
Strategic Rivalry between United States and China swp-berlin.org 4 facts
claimSection 301 of the Trade Act of 1974 empowers the US Trade Representative to investigate and respond to unfair trade practices by America’s trade partners.
referenceThe United States Trade Representative published findings from an investigation into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation under Section 301 of the Trade Act of 1974.
referenceThe United States Trade Representative published an investigation report under Section 301 of the Trade Act of 1974 in March 2018, which describes China's industrial and technology policy as 'unfair and inequitable'.
referenceThe United States Trade Representative published 'Findings of the Investigation into China’s Acts, Policies, and Practises Related to Technology Transfer, Intellectual Property and Innovation under Section 301 of the Trade Act of 1974' in March 2018.
Tracking Trump's Trade Deals | Council on Foreign Relations cfr.org Mar 17, 2026 3 facts
claimTariffs authorized under Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974 remain in effect following the February 2026 Supreme Court ruling on IEEPA tariffs.
claimThe United States committed to providing Ecuador with preferential tariff treatment for originating goods, excluding actions under Title VII of the Tariff Act of 1930, section 232 of the Trade Expansion Act of 1962, and section 201 of the Trade Act of 1974, effective August 1, 2026.
claimU.S. Trade Representative Jamieson Greer stated that the administration would initiate several investigations under Section 301 of the Trade Act of 1974, continue ongoing 301 investigations involving Brazil and China, maintain existing Section 232 tariffs, and conclude ongoing investigations to yield new duty rates to replace Section 122 tariffs.
Initiation of Section 301 Investigations of Acts, Policies, and ... federalregister.gov Mar 17, 2026 2 facts
referenceActionable matters under Section 301 of the Trade Act of 1974 include acts, policies, and practices of a foreign country that are unreasonable or discriminatory and burden or restrict U.S. commerce.
claimUnder Section 301 of the Trade Act, an act, policy, or practice is defined as unreasonable if it is unfair and inequitable, even if it does not necessarily violate or conflict with the international legal rights of the United States.
USTR Launches 60 Section 301 Investigations on Forced Labor Trade linkedin.com Mar 16, 2026 1 fact
claimSection 301 of the Trade Act of 1974 targets unfair foreign practices that burden United States commerce.
USTR Launches Broad Section 301 Investigations Into Excess ... dwt.com 2 days ago 1 fact
claimPresident Donald Trump utilized Section 301 of the Trade Act of 1974 as one of his primary trade adjustment tools early in his presidential tenure.