Special 301 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

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

Upcoming Deadline to File Comments: USTRs Section 301 China Tariff Exclusions Proceeding

On December 26, 2023, the Office of the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions on goods from China until May 31, 2024.

The exclusions refer to additional duties imposed on goods from China pursuant to an earlier Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

In December 2022, the agency determined to extend the exclusions and extended them again in May 2023 and September 2023 through December 31, 2023. This latest Federal Register notice announces the agency’s determination to further extend the exclusions until May 31, 2024 and open up the ability to comment on the exclusions. The public docket will open on January 22, 2024 and will close on February 21, 2024.

This latest extension provides USTR additional time to orderly phase out certain exclusions and align others with the objectives determined during the agency’s ongoing four-year review of Section 301 China tariffs.

The agency also announced that it will open a docket to gather public comments on whether to further extend particular exclusions. The focus of the evaluation will be on:

The availability of products covered by the exclusion from sources outside China
Efforts undertaken to source products covered by the exclusion
Why additional time is needed
On what timeline, if any, the sourcing of products covered by the exclusion is likely to shift outside of China

USTR will also consider whether or not extending the exclusion will impact U.S. interests.

Exclusion Background

In […]

By Jennifer Diaz|2024-01-15T20:21:09-05:00January 5, 2024|China, Import, Special 301, U.S. Trade Representative (USTR)|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|2022-12-25T23:20:15-05:00October 14, 2022|AD/CVD, EAR, HTS, Import Alert, International Trade, IRAN, People's Republic of China, Russian Harmful Foreign Activities Sanctions Regulations, SDN List, Special 301, Trade Policy, 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 Labor (DOL), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|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|2022-07-01T11:08:46-04:00March 25, 2022|301 INVESTIGATIONS, Export, Import, International Trade, Snapshot, Special 301, U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), Uncategorized|Comments Off

Customs and Trade Law Weekly Snapshot

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

CBP

In Fiscal Year 2021, CBP at the LA/Long Beach Seaport seized More Than $760 Million in Counterfeit and Prohibited Products, a 652% increase over the previous year.
CBP issues guidance regarding the extension of product exclusions from additional Section 301 China duties on certain medical-care products to address COVID-19.
With changes to the HTSUS classification systems possibly coming as early as January 1, 2021, U.S. importers should review their classifications and ensure compliance with U.S. regulations

BIS

The Bureau of Industry and Security (BIS) requests public comment regarding areas and priorities for U.S. and EU export control cooperation under the Trade and Technology Council.
- Comments are due by January 14, 2022
On November 26, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding 27 foreign entities and individuals to the Entity List for engaging in activities that are contrary to the national security or foreign policy interests of the United States.

China

In their most substantial talk since President Biden took office, Chinese President Xi Jinping has warned that encouraging Taiwanese independence would be “playing with fire”.
On November 12, 2020, the President declared a national emergency to deal with the extraordinary threat to the national security, foreign policy, and economy of the United States constituted by certain companies of the People’s Republic of China.
Airbnb subject to regulatory risk under […]

By Jennifer Diaz|2021-12-16T12:09:54-05:00December 17, 2021|301 INVESTIGATIONS, AD/CVD, Best Practices, China, EAR, Enforcement, Export, HTS, Import, International Law, International Trade, Investigation, ITAR, Penalty, Pre-compliance, Seizures, Snapshot, Special 301, Trade Policy, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Food and Drug Administration (FDA), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off

Customs and Trade Law Snapshot

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

The Bureau of Industry and Security (BIS)

BIS published a report summarizing the findings of a Department of Commerce investigation into the effect of imports of titanium sponge on the national security of the United States.
BIS is seeking public comments concerning the imposition of export controls on certain Brain-Computer Interface (BCI) emerging technology, particularly with respect to its impact on U.S. national security
- Comments due by December 10, 2021.
- Contact us at info@diaztradelaw.com for help submitting your comment.
BIS published this final rule to amend the Export Administration Regulations (EAR) to update the AG Common Control List for dual-use biological equipment.
- This rule is effective October 5, 2021.

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By Jennifer Diaz|2021-11-04T16:14:39-04:00November 5, 2021|301 INVESTIGATIONS, Best Practices, China, China Trade War, EAR, Export, Forced Labor, Import, International Law, International Trade, Special 301, Supply Chain, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Labor (DOL), U.S. Trade Representative (USTR), Uncategorized, Vietnam|Comments Off

Insight on Last 6 Months of Biden/Congress on Trade

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By Jennifer Diaz|2021-07-22T09:11:38-04:00July 21, 2021|Canada, China, China Trade War, Countries, COVID-19, Cuba, Customs Expert, Enforcement, Export, Forced Labor, Import, International Business, International Law, International Trade, IRAN, Mexico, Seizures, Special 301, Supply Chain, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR), Uncategorized, USMCA|Comments Off

301 Exclusion Extensions for COVID-19 Related Products

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). […]

By Jennifer Diaz|2021-10-12T14:38:04-04:00April 13, 2021|301 INVESTIGATIONS, Best Practices, China, China Trade War, COVID-19, Customs Expert, Enforcement, HTS, Import, International Business, International Trade, Special 301, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|Comments Off

US Imposes Additional Tariffs on EU Goods

On Wednesday, January 6, 2021, the Office of the United States Trade Representative (USTR), announced the revision of its Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute (86 FR 674).

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