Section 301 investigations
Also known as: Section 301 investigation
Facts (57)
Sources
USTR initiates Section 301 investigations of 60 US trade partners ... jdsupra.com Mar 17, 2026 16 facts
claimThe Trump administration intends to use Section 301 investigations and accompanying tariff threats to pressure United States trade partners into adopting and implementing forced labor import prohibitions.
procedureThe timeline for the initial steps of the Section 301 investigations is as follows: (1) March 12, 2026: Initiation of investigation and opening of public docket; (2) April 15, 2026: Deadline for written comments and requests to appear at hearings; (3) April 28 – May 1, 2026: Public hearings in Washington, DC; (4) Seven calendar days after the last day of the public hearing: Deadline for submission of post-hearing rebuttal comments.
claimOn March 12, 2026, the United States Trade Representative (USTR) initiated Section 301 investigations under the Trade Act of 1974 into the acts, policies, and practices of 60 US trade partners regarding their failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
claimAffirmative determinations in the Section 301 investigations initiated by the United States Trade Representative would allow President Trump to impose tariffs and other trade restrictions on imports or to enter into negotiations with the relevant government.
measurementThe USTR and President Trump set an unofficial target date of July 24, 2026, for the completion of the Section 301 investigations and remedy determinations.
claimThe list of 60 economies subject to the Section 301 investigations includes entities that have already adopted or implemented prohibitions on imports made by forced labor and supply chain due diligence standards, such as the European Union, Canada, and Mexico.
procedureAfter concluding a Section 301 investigation, the USTR typically holds additional notice and comment periods to receive input on specific proposed remedies before taking action.
claimThe USTR stated an intention to conduct the Section 301 investigations on an expedited basis, although the initiation notice does not specify the actions the USTR is taking to expedite these procedures.
claimSection 301 investigations are categorized as either 'mandatory' or 'discretionary' depending on the nature of the alleged foreign conduct.
measurementThe statutory time limit for a discretionary Section 301 investigation is 12 months.
referenceWhite & Case published a detailed analysis of the industrial excess capacity Section 301 investigations titled 'USTR initiates Section 301 investigations of 16 US trade partners targeting industrial excess capacity.'
quoteThe Office of the United States Trade Representative (USTR) stated that Section 301 investigations will proceed on an “accelerated timeframe,” covering most major trade partners and addressing issues including “industrial excess capacity, forced labor, pharmaceutical pricing practices, discrimination against US technology companies and digital goods and services, digital services taxes, ocean pollution, and practices related to the trade in seafood, rice, and other products.”
claimOn March 10, 2026, the Office of the United States Trade Representative (USTR) announced the initiation of a Section 301 investigation targeting industrial excess capacity in 16 US trade partners: China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, South Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, and India.
measurementThe United States Trade Representative selected the 60 economies for the Section 301 investigations based on them being the top 60 sources of goods imported into the United States in 2024, which accounted for 99% of all goods imported in that year.
claimPresident Trump and the USTR described the Section 301 investigations as part of a broader plan to replace tariffs previously imposed under the International Emergency Economic Powers Act (IEEPA).
claimPresident Donald Trump directed the Office of the United States Trade Representative (USTR) to initiate new Section 301 investigations targeting US trade partners to provide a legal basis for longer-term tariffs.
USTR Initiates New Section 301 Trade Investigations Into 60 Partners steptoe.com Mar 17, 2026 12 facts
claimThe administration intends to complete the Section 301 investigations initiated in March 2026 before the temporary 10% global tariffs imposed under Section 122 of the Trade Act of 1974 expire on July 24, 2026.
claimOn March 11 and 12, 2026, the Office of the United States Trade Representative (USTR) initiated Section 301 investigations into the acts, policies, and practices of 60 trading partners regarding structural excess capacity in manufacturing and the failure to enforce prohibitions on goods produced with forced labor.
claimThe Section 301 investigation regarding structural excess capacity and production covers 16 trading partners: Bangladesh, Cambodia, China, the European Union, India, Indonesia, Japan, Korea, Malaysia, Mexico, Norway, Singapore, Switzerland, Taiwan, Thailand, and Vietnam.
claimFollowing the Supreme Court's February 20, 2026 ruling against IEEPA-based tariffs, President Trump announced plans to use other trade authorities, including Section 301 investigations and Section 122 of the Trade Act of 1974, to reinstate tariffs on most imports.
claimThe USTR is conducting a Section 301 investigation into 60 trading partners regarding their alleged failure to impose and effectively enforce prohibitions on the importation of goods produced with forced labor.
claimThe USTR's Section 301 investigation into structural excess capacity will focus on economies that exhibit structural excess capacity and production, such as those with large or persistent trade surpluses or underutilized or unused capacity.
claimThe USTR forced labor Section 301 investigation includes all 16 trading partners covered in the separate Section 301 investigation into excess capacity, as well as Australia, Brazil, Canada, the Philippines, and the United Kingdom.
procedureComments and requests to appear at public hearings regarding the USTR's March 2026 Section 301 investigations are due by April 15, 2026.
claimSection 301 investigations into China and Brazil were launched in 2025 and remain pending.
claimThe Section 301 investigations initiated by the USTR in March 2026 aim to determine if foreign government practices regarding manufacturing excess capacity and forced labor enforcement are 'unreasonable' or 'discriminatory' and burden or restrict US commerce.
claimThe administration may use the new Section 301 investigations and related tariffs to maintain the framework of Agreements on Reciprocal Trade (ART) reached with 19 trading partners over the preceding year, potentially replacing the now-invalidated IEEPA reciprocal tariffs with Section 301 tariffs.
claimUS Trade Representative Jamieson Greer has identified potential areas for future Section 301 investigations, including pharmaceutical pricing practices, digital trade discriminatory practices, digital services taxes, ocean pollution, and trade in seafood, rice, and other products.
USTR Initiates Section 301 Investigations into Failures to Enforce a ... kslaw.com Mar 13, 2026 11 facts
claimThe extent to which the United States Administration solicits and considers public input during Section 301 investigations will likely influence its exposure to litigation risk in future court challenges.
referenceJudicial review of Section 301 investigations focuses on compliance with the Administrative Procedure Act and whether the Office of the United States Trade Representative (USTR) followed the procedural requirements outlined in the statute.
claimThe Section 301 investigations provide an opportunity for the U.S. Administration to address issues creating unnecessary costs for new and expanding U.S. manufacturing investments.
claimThe USTR docket for public comments regarding the Section 301 investigations into forced labor will open on March 18, 2026.
procedureThe USTR is inviting stakeholders, including industry participants and trade associations, to provide written comments on the Section 301 investigation, specifically addressing the investigation's scope, evidence of harm, and suggestions for tariff and non-tariff actions.
claimThe Section 301 investigations initiated on March 12, 2026, aim to determine if the failure of the identified economies to prohibit the importation of goods produced with forced labor is unreasonable, discriminatory, or burdens/restricts U.S. commerce.
claimCourts have largely upheld the use of Section 301 authority by the United States government, including in litigation that challenged the Section 301 investigation into China conducted during the first Trump Administration.
claimOn March 12, 2026, the United States Trade Representative (USTR) announced the initiation of Section 301 investigations under the Trade Act of 1974 regarding 59 countries and the European Union for failing to impose and effectively enforce prohibitions on the importation of goods produced with forced labor.
perspectiveThe current Section 301 investigations represent a more aggressive use of the trade enforcement tool than has been seen in recent years, as they target a broad range of economies and manufacturing sectors simultaneously.
claimThe Section 301 investigations initiated on March 12, 2026, are expected to provide a statutory basis for the U.S. Administration to reimpose tariffs, potentially allowing the Administration to reestablish the scope and level of tariffs that existed under the International Emergency Economic Powers Act of 1977 (IEEPA) prior to a Supreme Court decision striking them down.
claimSection 301 investigations provide the U.S. President with leverage to adjust trade remedies to address policy objectives and allow the USTR to align tariff scope and levels with current trade, economic, and national security priorities.
Fact Sheet: USTR Initiates 60 Section 301 Investigations Relating to ... ustr.gov 6 facts
procedureThe Office of the United States Trade Representative (USTR) will hold public hearings covering each of the 60 economies subject to Section 301 investigations starting on April 28.
claimThe Office of the United States Trade Representative (USTR) is inviting public comments regarding 60 Section 301 investigations by April 15.
claimThe Office of the United States Trade Representative (USTR) has initiated Section 301 investigations into 60 specific economies: Algeria, Angola, Argentina, Australia, The Bahamas, Bahrain, Bangladesh, Brazil, Cambodia, Canada, Chile, China (People’s Republic of), Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, El Salvador, European Union, Guatemala, Guyana, Honduras, Hong Kong (China), India, Indonesia, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Libya, Malaysia, Mexico, Morocco, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Peru, Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Sri Lanka, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Türkiye, United Arab Emirates, United Kingdom, Uruguay, Venezuela, and Vietnam.
claimUnited States Trade Representative Ambassador Jamieson Greer launched Section 301 investigations into the acts, policies, and practices of 60 economies regarding their failure to impose and effectively enforce prohibitions on the importation of goods produced with forced labor.
claimNone of the 60 economies subject to the United States Trade Representative's Section 301 investigations appear to have both adopted and effectively enforced a forced labor import prohibition to date.
measurementThe Section 301 investigations initiated by the United States Trade Representative focus on 60 top United States trading partners, which collectively accounted for more than 99% of United States imports in 2024.
Initiation of Section 301 Investigations of Acts, Policies, and ... federalregister.gov Mar 17, 2026 5 facts
claimThe Office of the United States Trade Representative (USTR) initiated Section 301 investigations regarding acts, policies, and practices of economies listed in Annex A of the notice related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
measurementThe U.S. Trade Representative initiated the Section 301 investigations on March 12, 2026.
procedureInterested persons must submit written comments, requests to appear, and post-hearing rebuttal comments for the Section 301 investigation regarding forced labor importation via the docket number USTR-2026-0133 on the USTR portal.
procedureInterested persons wishing to testify at the hearing regarding the Section 301 investigation on forced labor must submit a notification of intent and summary of testimony via docket number USTR-2026-0134 on the USTR portal.
measurementThe docket number for written comments and rebuttal comments regarding the Section 301 investigations is USTR-2026-0133, and the docket number for requests to appear is USTR-2026-0134.
USTR Initiates 60 Section 301 Investigations Relating to Failures to ... ustr.gov Mar 12, 2026 5 facts
claimThe 60 US trade partners subject to the USTR Section 301 investigations regarding forced labor include Canada, Chile, China, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, El Salvador, the European Union, Guatemala, Guyana, Honduras, Hong Kong, India, Indonesia, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Libya, Malaysia, Mexico, Morocco, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Peru, the Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Sri Lanka, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Türkiye, the United Arab Emirates, the United Kingdom, Uruguay, Venezuela, and Vietnam.
procedureThe United States Trade Representative initiates a Section 301(b) investigation by examining whether the acts, policies, or practices of a foreign country are unreasonable or discriminatory and burden or restrict United States commerce, after considering the advice of the inter-agency Section 301 Committee and consulting with appropriate advisory committees.
measurementThe United States Trade Representative scheduled public hearings for the Section 301 investigations on April 28, 2026, with a deadline for written comments and requests to appear at the hearing set for April 15, 2026.
claimThe Office of the United States Trade Representative (USTR) initiated Section 301 investigations into 60 US trade partners regarding failures to take action on forced labor.
procedureUpon the initiation of a Section 301 investigation, the United States Trade Representative is required to seek consultations with the governments of the economies whose acts, policies, or practices are under investigation.
USTR Initiates Section 301 Investigations Relating to Structural ... ustr.gov Mar 11, 2026 2 facts
claimThe Office of the United States Trade Representative (USTR) will provide a docket for the public to submit requests to appear at the public hearing regarding the Section 301 investigations.
claimThe United States Trade Representative will open a docket for public comments regarding the Section 301 investigations on March 17, 2026.