Section 301 of the Trade Act of 1974

Title III of the Trade Act of 1974 (Sections 301-310, 19 U.S.C. §§2411-2420), titled "Relief from Unfair Trade Practices," is often collectively referred to as "Section 301." Under Section 301, Congress grants the Office of the United States Trade Representative (USTR) a range of responsibilities and authorities to investigate and take action (e.g., impose a tariff) to enforce U.S. rights under trade agreements and respond to certain foreign trade practices. There are two ongoing investigations under Section 301 related to various practices by Brazil and the implementation of the commitments made under the "Phase One" agreement by the People's Republic of China (PRC, or China). USTR recently concluded investigations into PRC shipping practices, PRC semiconductor practices, and labor and human rights practices in Nicaragua. Tariffs on imports from China imposed in 2018 under Section 301 during the first Trump Administration remain in effect.

The 119th Congress could consider the effectiveness of USTR's Section 301 actions in deterring certain foreign trade practices, the impact of actions taken under Section 301 on the U.S. economy, and whether the authorities are being used in the way Congress intends.

From the establishment of the World Trade Organization (WTO) in 1995 until the first Trump Administration, the United States used Section 301 primarily to build cases and pursue dispute settlement at the WTO. The first Trump Administration investigated foreign trade practices under Section 301 six times. Two investigations into China and the European Union (EU) resulted in the imposition of tariffs. In 2020, USTR imposed tariffs on imports from the EU under Section 301 based on the findings of a WTO dispute settlement body decision on EU subsidies on civil aircraft. Those tariffs were suspended in 2021.

Following a 2017 investigation into PRC practices related to forced technology transfer, intellectual property rights, and innovation, in 2018 USTR imposed tariffs ranging from 7.5% to 25% on around $370 billion worth of U.S. imports from China. In May 2024, under the Biden Administration, USTR concluded the statutory four-year review of Section 301 actions and their impact on the U.S. economy. Following the review, USTR maintained existing tariffs and increased tariffs on certain products (e.g., electric vehicles).

In 2024, the Biden Administration initiated three investigations under Section 301 that were completed in 2025. In each case, USTR determined that the policies under investigation were actionable under Section 301 but has not implemented actions that would increase tariffs or other import restrictions. Investigations into labor and human rights practices in Nicaragua (see text box) and PRC policies in the semiconductor industry, both initiated in December 2024, were determined to be actionable under Section 301 in late 2025 but resulted in no immediate additional tariffs. An investigation into PRC shipping and shipbuilding practices, initiated in April 2024, resulted in a January 2025 finding by the Biden Administration that PRC practices in this sector burden or restrict U.S. commerce, but proposed port fees and tariffs were suspended in 2025.

Read more HERE.