On March 11th 2026, the Office of the U.S. Trade Representative (USTR) initiated new Section 301 trade investigations targeting 16 trading partners: China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, South Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, and India.
Purpose of the Investigations
The investigations aim to address what USTR describes as “structural excess capacity and production in manufacturing sectors” leading to overproduction, persistent trade surpluses, and underutilized capacity. According to the Trade Representative, “across numerous sectors, many U.S. trading partners are disregarding market-based policies and producing more goods than they can consume or productively invest domestically”. The sectors identified include aluminum, automobiles, batteries, cement, chemicals, electronics, semiconductors, steel, solar modules, ships, robotics, and several others. The list is non-exhaustive and varies by country.
Legal Framework and Procedure
Unlike IEEPA tariffs — which the U.S. Supreme Court recently found to be illegitimate — Section 301 investigations must follow formal administrative procedures before any tariffs can be imposed. These include:
- A public comment period: 17 March 2026 – 15 April 2026
- A public hearing: starting 5 May 2026, potentially continuing until 8 May 2026
- Requests to appear at the hearing must be submitted by 15 April 2026
Tariffs are not expected to be imposed before the public hearing concludes.
Presidential Discretion
Once tariffs are imposed under Section 301, the President retains broad discretion to raise, lower, or expand their scope. However, the extent of this authority is currently subject to litigation, with a request pending before the U.S. Supreme Court concerning aspects of the existing China Section 301 duties.
Submission Instructions
Interested persons (companies and trade groups) can submit written comments, requests to appear at the hearing, summaries of testimony, and post-hearing rebuttal comments using the appropriate docket on the portal at https://comments.ustr.gov/s/.
