Section 301 of the Trade Act of 1974
Section 301 is found in Title III (Sections 301–310) of the Trade Act of 1974 (19 U.S.C. §§ 2411–2420). It authorises the USTR to investigate and take action against foreign government acts, policies, or practices that are "unreasonable or discriminatory" and that burden or restrict US commerce. The USTR may initiate investigations on its own motion or in response to a petition by an interested party. Once launched, the USTR must seek consultations with the target government, solicit public comments, and hold a hearing. The statutory deadline for completion is 12–18 months.
- Remedies available: imposition of tariffs or other import restrictions; withdrawal of trade agreement concessions; binding agreements with the foreign government.
- If import restrictions are chosen, USTR must prioritise tariffs over other measures.
- Section 301 actions expire after four years unless a continuation request is received and reviewed.
- The most prominent prior use was the 2018 investigation into China's technology transfer and intellectual property practices, which led to tariffs on over $350 billion of Chinese goods.
- The current 2026 investigations are novel in explicitly targeting "structural excess capacity" across a broad swathe of manufacturing sectors globally.
● Tracked since March 12, 2026 · last seen May 04, 2026 · updates as the daily brief publishes
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