USTR Launches New Section 301 Actions: Key Developments For Importers

The Office of the United States Trade Representative (USTR) has recently announced a series of significant Section 301 actions targeting a range of trade-related concerns, including intellectual property protection, forced labor, and alleged unfair trade practices. Collectively, these developments demonstrate the Administration’s continued willingness to utilize Section 301 as a tool to address perceived barriers to U.S. commerce and advance broader trade policy objectives. 

Vietnam

On May 29, 2026, USTR published a Federal Register Notice announcing an investigation of Vietnam under Section 301 of the Trade Act of 1974. The investigation follows identifying Vietnam as a Priority Foreign Country in the 2026 Special 301 Report, which was published on April 30, 2026. The investigation will seek to determine whether Vietnam’s persistent failure to resolve long-standing concerns about intellectual property (IP) protection and enforcement is unreasonable or discriminatory and burdens or restricts U.S. commerce

Once the investigation is complete, Ambassador Greer will determine what, if any, responsive action should be taken to address them. Comments in this proceeding are due July 2, 2026. 

Brazil

On June 2, 2026, USTR published a Federal Register Notice announcing a determination under Section 301 that certain of Brazil’s acts, policies, and practices are unreasonable and burden or restrict U.S. commerce, and are thus actionable under Section 301(b) of the Trade Act. These acts, policies, and practices include: 

• Digital trade and electronic payment services  
• Unfair, preferential tariffs 
• Anti-corruption enforcement 
• Intellectual property protection 
• Ethanol market access 
• Illegal deforestation  

As a result of this determination, the USTR has proposed responsive action for public comment, while the United States continues to engage intensively with Brazil to seek resolution of U.S. concerns. 

Interested persons should submit requests to appear at the hearing, along with a summary of the testimony, by June 22, 2026. 

Written comments are due by July 1, 2026. USTR will hold a hearing about the proposed action on July 6, 2026. 

60 Investigations Relating to Forced Labor 

On June 2, 2026, USTR published a Federal Register notice setting out the agency’s actionability determination and proposed actions against 60 economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor. USTR determined that these failures are unreasonable and burdens or restricts U.S. commerce, and are thus actionable under Section 301(b) of the Trade Act.   

USTR also released a comprehensive report that outlines the findings in each investigation.  

As a result of these determinations in the investigations, USTR is proposing additional duties on all products of the investigated economies, except as provided in Annex A to the Federal Register notice. For economies that impose a forced labor import prohibition, that have committed to impose and enforce such a prohibition through an Agreement on Reciprocal Trade, or economies that have imposed a partial regime with the effect of preventing the importation of certain forced labor goods, the proposed tariff rate is 10%. For all other economies, the proposed tariff rate is 12.5%.  

Requests to appear at the hearings, along with a summary of testimony, must be submitted by June 22, 2026.  

Written comments are due by July 6, 2026.  

Key Takeaways for Importers 

While these actions do not immediately impose new duties or restrictions, they provide important insight into USTR’s current enforcement priorities and the types of trade practices drawing increased government scrutiny. Section 301 investigations can ultimately result in additional tariffs, trade restrictions, compliance obligations, and supply chain disruptions for affected industries. 

Companies with global supply chains should pay close attention to these developments and should consider filing comments in the proceedings. For assistance in understanding how these developments may impact your business, contact Diaz Trade Law: 305-456-3830 or info@diaztradelaw.com. 

Learn more: 

• USTR Announces Section 301 Investigation into Nicaragua’s Acts, Policies, and Practices Related to Labor Rights, Human Rights, and the Rule of Law 
• USTR Finalizes Action on 301 Tariffs 
• ICYMI: USTR Opens Exclusion Process for Domestic Manufacturing Machinery 
• Section 301 Investigation into Forced Labor Practices — US Allies and FTA Partners Under Scrutiny 
• White House Announces Further Section 301 Tariff Hikes on Chinese Goods 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.