The Office of the United States Trade Representative (USTR) has initiated a new set of investigations under Section 301 of the Trade Act of 1974 targeting foreign acts, policies, and practices related to structural excess capacity and production in key manufacturing sectors. These investigations may ultimately lead to new or increased tariffs or other trade measures on imports from a wide range of U.S. trading partners.
What Section 301 Investigations Are
Section 301 authorizes USTR to investigate and respond to foreign government acts, policies, and practices that are “unjustifiable,” “unreasonable,” or “discriminatory” and burden or restrict U.S. commerce. USTR may self‑initiate investigations, seek consultations with the governments concerned, and, where appropriate, recommend trade remedies such as additional tariffs following completion of the investigation.
Countries Covered
USTR’s new investigations focus on economies with apparent structural excess capacity and production in various manufacturing sectors, reflected in large or persistent trade surpluses against the United States. The economies identified are: Bangladesh, Cambodia, China, the European Union, India, Indonesia, Japan, Korea, Malaysia, Mexico, Norway, Singapore, Switzerland, Taiwan, Thailand, and Vietnam.
Likely Products and Sectors Affected
According to USTR’s announcement and accompanying fact sheet, the investigations will examine excess capacity and production across a range of manufacturing industries where trading partners have a higher production than the domestic demand. While the initiation notice does not enumerate specific tariff lines, stakeholders should expect heightened scrutiny and potential trade actions in capital‑intensive manufacturing sectors, such as basic metals, machinery, transportation equipment, chemicals, and related intermediate industrial products.
Key Deadlines and Opportunities to Participate
USTR will accept public input through its online docket as part of these investigations. The docket for comments is scheduled to open on March 17, 2026. Interested parties should submit written comments and any requests to appear at the hearing, along with a summary of the testimony, by April 15, 2026, to be assured of consideration. USTR will hold a public hearing beginning on May 5, 2026.
Companies that export to the United States from the listed economies, rely on imports from those economies, or compete with imports in the U.S. market may wish to participate in the process. Submitting comments and testimony can help shape the record on how any proposed actions would affect U.S. producers, importers, downstream industries, and consumers.
Legal Advice
Our team has assisted with advising on Section 301 investigations, submitting written comments in Section 301 proceedings before the USTR, and representing clients in federal government hearings. Please let us know should you have questions about potential exposure or wish to participate in these proceedings.
Links to Initiation Documents
USTR Fact Sheet on Section 301 Investigations into Structural Excess Capacity