Section 301
Trade Act of 1974 (Unfair Trade Practices)
Section 301 authorises the USTR to investigate foreign countries' acts, policies, or practices that are "unreasonable or discriminatory" and burden US commerce, and to respond with retaliatory tariffs or trade restrictions. Unlike Section 122, it requires a formal investigation with public comment periods and specific findings of unfair practices before action can be taken. It does not cap tariff levels and can be targeted at specific products or sectors.
- Administered by: Office of the US Trade Representative (USTR), an Executive Office of the President
- Process: Initiation → Investigation → Findings → Proposed Action → Comment Period → Final Action
- Most prominent use: China Section 301 tariffs (2018-present) following investigation into IP theft and technology transfer — tariffs ranging from 7.5% to 25% on hundreds of billions of dollars in goods
- India-specific vulnerability: India has been investigated under Section 301 for trade barriers in pharmaceuticals, e-commerce (data localisation, FDI restrictions), agricultural products, and digital services
- No tariff cap under Section 301 — rates can exceed 100% in extreme cases
- Distinguishable from: Section 201 (safeguard tariffs — WTO-authorised, time-limited, requires injury finding by USITC)
● Tracked since February 21, 2026 · last seen March 12, 2026 · updates as the daily brief publishes
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