Section 301 of the Trade Act of 1974

March 13, 2026, the Congressional Research Service published an updated version report "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. As of March 2026, there are four ongoing investigations under Section 301. In 2025, the second Trump Administration initiated investigations 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). In 2026, the Administration initiated two investigations into excess industrial capacity (14 countries and the European Union) and action on forced labor practices (59 countries and the European Union). 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.

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