U.S. Trade Representative Initiates Section 301 Investigations into U.S. Trading Partners

By Joseph Carilli Jr., Ed Floyd

On 11 March 2026, the U.S. Trade Representative (“Trade Representative”) initiated investigations pursuant to Section 301 of the Trade Act of 1974 (“Section 301”). The investigations are into the acts, policies, and practices of the economies of China, the European Union (EU), Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, and India related to structural excess capacity and production in certain manufacturing sectors.

Prior to this announcement, the Trade Representative had indicated that the United States would act under Section 301 to replace the tariffs imposed under the International Emergency Economic Powers Act invalidated by the Supreme Court. (Our recent Case by Case podcast on Learning Resources Inc. v. Trump discusses this – listen here). Importantly, the Trade Representative stated that these investigations will be completed by the time the five-month period for the recent tariffs pursuant to Section 122 of the Trade Act of 1974 has elapsed. The President had imposed these tariffs in the immediate wake of the Supreme Court’s decision.

Now that the Trade Representative has initiated an investigation, the inter-agency Section 301 Committee will hold public hearings and seek public comments in connection with the investigations per the following schedule:

• 17 March 2026: USTR will open dockets for submission of written comments and requests to appear at the hearings.
• 15 April 2026, at 11:59 p.m. EST: To be assured of consideration, submit written comments and any requests to appear at the hearings, along with a summary of the testimony, by this date.
• 5 May 2026: The Section 301 Committee will convene public hearings in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, beginning at 10:00 a.m., continuing, as necessary, until 8 May 2026.
• Seven calendar days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments.

An investigation into an act, policy, or practice is the first step in the process for the Trade Representative to reach a determination whether an act, policy, or practice is “unjustifiable” and “burdens or restricts” U.S. commerce. Section 301(a) of the Trade Act of 1974 (codified at 19 U.S.C. §2411).

If the Trade Representative determines in the affirmative, the Trade Representative is authorized, subject to the specific direction, if any, of the U.S. President, inter alia, to “impose duties or other import restrictions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative determines appropriate.” Section 301(c) the Trade Act of 1974. In a future post, we will examine this process in detail and compare the authority under Section 301 with other authorities of the Trade Representative to impose similar duties or import restrictions.