301 INVESTIGATIONS Archives | Customs & International Trade Law Blog

USTR Launches New Section 301 Actions: Key Developments for Importers

The Office of the United States Trade Representative (USTR) has recently announced a series of significant Section 301 actions targeting a range of trade-related concerns, including intellectual property protection, forced labor, and alleged unfair trade practices. Collectively, these developments demonstrate the Administration’s continued willingness to utilize Section 301 as a tool to address perceived barriers to U.S. commerce and advance broader trade policy objectives.

Vietnam

On May 29, 2026, USTR published a Federal Register Notice announcing an investigation of Vietnam under Section 301 of the Trade Act of 1974. The investigation follows identifying Vietnam as a Priority Foreign Country in the 2026 Special 301 Report, which was published on April 30, 2026. The investigation will seek to determine whether Vietnam’s persistent failure to resolve long-standing concerns about intellectual property (IP) protection and enforcement is unreasonable or discriminatory and burdens or restricts U.S. commerce

Once the investigation is complete, Ambassador Greer will determine what, if any, responsive action should be taken to address them. Comments in this proceeding are due July 2, 2026.

Brazil

On June 2, 2026, USTR published a Federal Register Notice announcing a determination under Section 301 that certain of Brazil’s acts, policies, and practices are unreasonable and burden or restrict U.S. commerce, and are thus actionable under Section 301(b) of the Trade Act. These acts, policies, and practices include:

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By Jennifer Diaz|2026-06-05T11:10:39-04:00June 5, 2026|301 INVESTIGATIONS, Enforcement, International Trade, Special 301, Tariffs, Trade Policy, U.S. Trade Representative (USTR)|Comments Off

USTR Announces Section 301 Investigation into Nicaragua’s Acts, Policies, and Practices Related to Labor Rights, Human Rights, and the Rule of Law

The United States Trade Representative (USTR) announced the investigation regarding Nicaragua’s acts, policies, and practices related to labor rights, human rights, and the rule of law under Section 301 of the Trade Act of 1974. This is the first 301 investigation involving policies and practices that may violate labor rights and human rights.

301 Background

Section 301 of the Trade Act of 1974 is designed to address unfair foreign practices affecting U.S. commerce. It grants USTR a range of authorities to investigate unfair trade practices and to enforce U.S. rights under trade agreements.

Under 301, the U.S. government may impose trade sanctions on foreign countries that engage in acts that are burdensome to U.S. commerce or that violate trade agreements.

The law does not limit the scope of investigations, but it does mention several categories of activities that are subject to 301 action, including:

(1) a violation that denies U.S. rights under a trade agreement

(2) an “unjustifiable” action that “burdens or restricts” U.S. commerce

(3) an “unreasonable” or “discriminatory” action that “burdens or restricts” U.S. commerce.

“Commerce” is defined to include goods, services, and investment.

Previous examples of 301 investigations include investigations into China’s technology transfer practices, Vietnam’s currency manipulation, and Digital Services Taxes in various countries.

Nicaragua Investigation

The investigation into Nicaragua’s acts follows numerous credible reports that the Ortega-Murillo regime engages in human rights and labor rights violations and dismantling the rule of law. Activities cited by USTR include:

Politically-motivated arrests and imprisonments
Repression of members of religious groups and non-governmental organizations

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By Jennifer Diaz|2024-12-12T22:32:31-05:00December 12, 2024|301 INVESTIGATIONS, U.S. Trade Representative (USTR)|Comments Off

ICYMI: USTR Opens Exclusion Process for Domestic Manufacturing Machinery

On October 15, 2024, the Office of the United States Trade Representative (USTR) announced that it is opening a process for interested persons to request that certain machinery be temporarily excluded from Section 301 duties in the Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

301 Investigation Background

In August 2017, USTR initiated an investigation into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The agency released a report of its findings in March 2018 and in June 2018 began imposing additional duties on products of China in four tranches.

Under the Trade Act of 1974, the USTR is required to conduct a four-year review if they receive an appropriate request to continue an action taken under Section 301. The agency is required to review:

(A) the effectiveness in achieving the objectives of section 301 of (i) such action, and (ii) other actions that could be taken (including actions against other products or services), and
(B) the effects of such actions on the United States economy, including consumers.

In accordance with this requirement, USTR announced in May 2022 that it was commencing this review and opened a docket for interested persons to submit comments.

The agency received nearly 1,500 comments. Throughout 2023 and early 2024, USTR and the Section 301 Committee (a USTR-led, interagency Trade Policy Staff Committee) held numerous meetings with agency experts to consider the comments received.

In May 2024, USTR issued a formal proposal in […]

By Jennifer Diaz|2024-10-25T12:59:25-04:00October 25, 2024|301 INVESTIGATIONS, U.S. Trade Representative (USTR)|Comments Off

USTR Finalizes Action on 301 Tariffs

The United States Trade Representative (USTR) announced final tariff modifications following their statutory review of the Section 301 investigation of the People’s Republic of China’s (PRC) Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The final modifications include tariff increases on several products including critical minerals, batteries, and semiconductors.

301 Investigation Background

In August 2017, USTR initiated an investigation into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The agency released a report of its findings in March 2018 and in June 2018 began imposing additional duties on products of China in four tranches.

Under the Trade Act of 1974, the USTR is required to conduct a four-year review if they receive an appropriate request to continue an action taken under Section 301. The agency is required to review:

(A) the effectiveness in achieving the objectives of section 301 of (i) such action, and (ii) other actions that could be taken (including actions against other products or services), and
(B) the effects of such actions on the United States economy, including consumers.

In accordance with this requirement, USTR announced in May 2022 that it was commencing this review and opened a docket for interested persons to submit comments.

The agency […]

By Jennifer Diaz|2024-09-17T15:54:25-04:00September 17, 2024|301 INVESTIGATIONS, China, Countries, U.S. Trade Representative (USTR)|Comments Off

White House Announces Further Section 301 Tariff Hikes on Chinese Goods

Today the White House announced sweeping new tariffs on Chinese goods. The tariffs will apply to a range of sectors including semiconductors, steel and aluminum, batteries, and medical products.

Electric vehicles were a focus of the announcement, with tariffs to increase from 25% to 100% this year.

Impacted Industries

The new tariffs apply to $18 billion worth of Chinese imports in the following sectors:

Steel and aluminum – increase from 0-7.5% to 25% in 2024
Semiconductors – increase from 25% to 50% by 2025
Electric vehicles (TVs) – increase from 25% to 100% in 2024
Batteries
- Lithium-ion EV batteries – increase from 7.5% to 25% in 2024
- Lithium-ion non-EV batteries – increase from 7.5% to 25% in 2026
- Battery parts – increase from 7.5% to 25% in 2024
- Natural graphite and permanent magnets – increase from 0% to 25% in 2026
- Certain critical minerals – increase from 0% to 25% in 2024
Solar cells – increase from 25% to 50% in 2024
Ship-to-shore cranes – increase from 0% to 25% in 2024
Medical products
- Syringes and needles – increase from 0% to 50% in 2024
- Certain PPE products – increase from 0-7.5% to 25% in 2024
- Rubber medical gloves – increase from 7.5% to 25% in 2026

Why Now?

The announcement follows a statutorily required two-year government review of “Section 301” duties that were first imposed during the Trump Administration. The Special 301 review considers the current state of global IP protection and enforcement, unfair innovation policies, and market access barriers. […]

By Jennifer Diaz|2024-06-20T21:36:05-04:00May 14, 2024|301 INVESTIGATIONS, Special 301, U.S. Trade Representative (USTR)|Comments Off

Customs Bulletin Weekly, Vol. 56, November 2, 2022, No. 43

Below is a recap for this week’s Custom’s Bulletin.

Elimination of Customs Broker District Permit Fee
- Section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641), provides that individuals and business entities must hold a valid customs broker’s license and permit to transact customs business on behalf of others. The statute also sets forth standards for the issuance of broker licenses and permits; provides for disciplinary action against brokers in the form of suspension or revocation of such licenses and permits or assessment of monetary penalties; and, provides for the assessment of monetary penalties against other persons for conducting customs business without the required broker’s license.
- On June 5, 2020, U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in the Federal Register (85 FR 34549), proposing the elimination of customs broker district permit fees in parts 24 and 111.
- Consistent with the June 5, 2020, notice, CBP is publishing a final rule to, among other things, eliminate customs broker districts (see ‘‘Modernization of the Customs Broker Regulations’’ RIN 1651–AB16). Specifically, CBP is transitioning all brokers to national permits and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. As a result of the elimination of customs broker districts, CBP is amending in this document the regulations to eliminate customs broker district permit fees.
Modernization of the Customs Broker Regulations
- This document adopts […]

By Jennifer Diaz|2022-11-03T10:21:31-04:00November 7, 2022|301 INVESTIGATIONS, AD/CVD, China Trade War, Customs Broker, Import, International Law, International Trade, U.S. Court of International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)|Comments Off

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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By Jennifer Diaz|2022-12-25T23:20:09-05:00October 21, 2022|301 INVESTIGATIONS, International Business, International Trade, People's Republic of China, Russia, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Justice (DOJ), U.S. Department of Labor (DOL), U.S. Federal Bureau of Investigation (FBI), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off

Customs and Trade Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know

Uyghur Forced Labor Prevention Act (UFLPA) and What You Need to Know?

On June 16, 2022, CBP held a webinar on the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA goes into effect June 21, 2022 so it is critical that importers are proactive about forced labor compliance in preparation for this implementation. During the webinar CBP discussed their recently published operational guidance for importers. This blog article provides an overview of CBP’s current enforcement environment and how UFLPA will change CBP’s enforcement procedures for imports generally, and specifically from the Xinjiang region. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

Background

Under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), CBP derives the authority for preventing the entry into the U.S. market of products made with forced labor by investigating and acting upon allegations of forced labor in supply chains. CBP issues Withhold Release Orders (WROs) and findings to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. CBP defines Forced labor as all work or service which is extracted from any person under the menace of any penalty for its nonperformance and for which the worker does not […]