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13 March 2026 USTR initiates Section 301 investigations into 60 economies regarding imported goods produced with forced labor; comment period and hearings announced
The United States Trade Representative (USTR) announced on 12 March 2026 that it has initiated investigations under Section 301 of the Trade Act of 1974 into the acts, policies and practices of 60 economies related to the "failure to impose and effectively enforce a ban on the importation of goods produced with forced labor." The United States (US) government may, depending on the outcome of the investigation, impose tariff or nontariff measures targeting products of the subject economies to address any identified burdens on US commerce. The USTR opened the comment period on 12 March 2026; written comments and requests to appear at hearings are due by 15 April 2026 at 11:59 p.m. ET; public hearings begin 28 April 2026 and may continue through 1 May 2026. Written comments should be submitted to docket USTR-2026—0133 and requests to appear (with a summary of testimony) to docket USTR-2026—0134 via https://comments.ustr.gov/s/. Following the US Supreme Court's ruling in Learning Resources, Inc., et al. v. Trump, the Administration announced plans to quickly implement alternative legal tools for imposing tariffs, including initiation of several investigations under Section 301 of the Trade Act of 1974. For more on the Supreme Court's decision, see EY Global Tax Alert, US Supreme Court rules IEEPA does not authorize presidents to impose tariffs, dated 20 February 2026. The USTR has now announced that it initiated Section 301 investigations to assess whether the failure of the 60 economies listed to establish and effectively enforce a prohibition on the importation of goods produced with forced labor is unreasonable or discriminatory and burdens or restricts US commerce. Despite broad international commitments to eliminate forced labor, the USTR stated that partner countries have failed to implement or effectively deploy enforcement mechanisms. The USTR notes that forced labor therefore remains embedded deep within supply chains (e.g., cotton in garments, minerals in solar products and auto parts, palm oil) skewing competition and burdening US commerce. The investigation's focus is on economies that have, according to USTR, failed to prohibit the importation of goods produced with forced labor:
Pursuant to the Trade Act, the USTR has consulted advisory committees and the inter-agency Section 301 Committee and will seek consultations with the respective governments. Following the investigations, the USTR will determine whether the acts, policies or practices are actionable under Section 301. These investigations may lead to additional duties or import restrictions targeting products from listed economies in which the USTR finds failure to effectively prohibit and enforce against forced-labor imports. Companies should assess exposure to supply chains and products potentially implicated, prepare evidence-based submissions, and consider participating in hearings to inform the USTR's record on commercial impacts and feasible remedies.
To testify, submit a request to appear via the portal by 15 April 2026, indicating the relevant investigation(s) and including a summary of testimony; remarks will be limited to five minutes to allow time for questions from the Section 301 Committee. Post-hearing rebuttal comments must be filed within seven days after the last day of the hearing and should be limited to rebutting or supplementing hearing testimony. All submissions must be in English. Comments must be submitted through the USTR portal: https://comments.ustr.gov/s/. Identification and contact information must be provided; third-party filers (e.g., law firms, trade associations, customs brokers) should identify the full legal name of the organization represented and the primary point of contact. The notice states that the USTR "may not consider [submissions] if insufficient information is provided." Pages containing business confidential information (BCI) must be clearly marked as "BUSINESS CONFIDENTIAL" and bracketed or highlighted. Include a written certification that the information would not customarily be released to the public and submit a public version of any BCI submission. The USTR will post attachments to the docket for public inspection, except for properly designated BCI.
Document ID: 2026-0629 | ||||||
