The 76 New Section 301 Investigations: What U.S. Importers Need to Know Before April 15

On March 11 and 12, 2026, USTR launched the most expansive use of Section 301 trade authority in U.S. history: 76 simultaneous investigations targeting 16 economies for manufacturing overcapacity and 60 economies for failure to enforce forced labor import bans. These investigations are designed to produce new, permanent, country-specific tariffs to replace the temporary Section 122 surcharge before it expires on July 24. The public comment deadline is April 15, 2026. If your supply chain touches any of the 60+ economies under investigation, your tariff rates could change within months.

Key Takeaways

USTR launched two sets of Section 301 investigations on March 11 and 12, 2026: one targeting structural excess manufacturing capacity in 16 economies, and one targeting 60 economies for failure to enforce forced labor import prohibitions.

Written public comments for both investigations are due by April 15, 2026. Public hearings begin April 28 (forced labor) and May 5 (excess capacity).

USTR has pledged to complete these investigations on an "accelerated timetable," with the stated goal of having replacement tariffs ready by approximately July 24, 2026, when Section 122 expires.

Section 301 tariffs have no statutory rate cap and no expiration date. They are considered the most durable replacement for the struck-down IEEPA tariffs.

The 60 economies in the forced labor investigation account for 99% of all goods imported into the United States in 2024.

Importers should identify which of their products, countries of origin, and supply chains are implicated and begin scenario modeling immediately.

What Is a Section 301 Investigation?

Section 301 of the Trade Act of 1974 gives the U.S. Trade Representative the authority to investigate foreign trade practices that are "unreasonable or discriminatory" and that "burden or restrict U.S. commerce." If the investigation produces an affirmative determination, USTR can impose tariffs, trade restrictions, or other remedies.

The short answer is: Section 301 is the legal mechanism the administration is using to build permanent, country-specific tariffs that replace the temporary Section 122 surcharge. Unlike Section 122 (limited to 15% and 150 days), Section 301 tariffs have no rate cap and no expiration.

Key definition: Structural excess capacity means manufacturing capacity that persistently exceeds domestic and global demand, often sustained by government subsidies, below-market lending, or other policy interventions that untether production from market signals.

Section 301 is the same authority used to impose tariffs on Chinese goods beginning in 2018, which escalated to rates of 25% to 100% across four separate tranches covering nearly all Chinese imports. Those tariffs have survived more than 4,000 legal challenges and remain in effect today.

Which Countries Are Under Investigation?

Investigation 1: Structural Excess Capacity (16 Economies)

Initiated March 11, 2026. This investigation examines whether manufacturing overcapacity in the following economies burdens U.S. commerce:

China, the European Union (with specific citations of Germany and Ireland), Japan, Korea, Taiwan, Singapore, Vietnam, India, Indonesia, Malaysia, Thailand, Cambodia, Bangladesh, Mexico, Switzerland, and Norway.

USTR alleges that these economies are producing more goods than they can consume domestically, creating persistent trade surpluses that displace U.S. production. Government interventions cited include subsidies, subsidized lending, currency practices, inadequate labor and environmental protections, and the maintenance of unprofitable "zombie" firms.

Notable: Canada is not included in this investigation.

Investigation 2: Forced Labor Import Prohibitions (60 Economies)

Initiated March 12, 2026. This investigation examines whether 60 economies have failed to impose and effectively enforce prohibitions on importing goods produced with forced labor. The 60 economies represent the United States' top sources of imported goods and account for 99% of all goods imported in 2024.

The full list includes: Algeria, Angola, Argentina, Australia, the Bahamas, Bahrain, Bangladesh, Brazil, Cambodia, Canada, Chile, China, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, the European Union, Guatemala, Honduras, Hong Kong, India, Indonesia, Iraq, Ireland, Israel, Italy, Japan, Jordan, Korea, Kuwait, Malaysia, Mexico, Morocco, Netherlands, Nicaragua, Nigeria, Norway, Oman, Pakistan, Peru, Philippines, Qatar, Saudi Arabia, Singapore, South Africa, Sri Lanka, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, United Arab Emirates, United Kingdom, Vietnam, and others.

Notable: this list includes close U.S. allies and developed economies like Australia, Canada, the EU, Israel, Japan, Norway, South Korea, Switzerland, and the United Kingdom, most of which have never faced serious forced labor allegations from U.S. authorities. This breadth underscores that the investigation is designed to create the legal basis for broad tariff authority, not just to address forced labor in a handful of countries.

What Is the Timeline?

The span from March 11 to July 24 is 135 days. Although Section 301 investigations normally must be completed within 12 months, USTR has explicitly stated it will move on a "much quicker timetable," with the intent of having replacement tariffs ready before Section 122 expires.

What Could the New Tariffs Look Like?

Section 301 allows USTR to impose tariffs at any rate on goods from any investigated economy. There is no statutory cap. The tariffs can be country-specific (different rates for different countries) and product-specific (different rates for different product categories).

The most likely outcome is a set of country-specific tariff rates calibrated to approximate the duty rates that were in effect under the struck-down IEEPA regime. Under IEEPA, rates varied by trading partner. India faced 18%. China was at 10% (after reductions through bilateral deals). Many other countries faced rates between 10% and 46%.

Section 301 tariffs would allow the administration to reimpose similar country-specific rates with a stronger legal foundation. However, the actual rates will depend on the findings of each investigation, public comments received, and political considerations.

For importers, this means the flat 10% Section 122 surcharge could be replaced by differentiated rates that are higher for some countries and lower for others. The tariff rate you pay on July 25 may be very different from the rate you pay on July 23.

How Do These Investigations Affect Your Supply Chain?

If You Source From the 16 Excess Capacity Economies

Your products could face new Section 301 tariffs on top of existing MFN rates, Section 232 duties, and any remaining Section 301 tariffs already in place (such as the China lists). The manufacturing sectors USTR has flagged as affected by overcapacity include steel, aluminum, and metals fabrication, automotive and auto parts, solar panels and renewable energy equipment, batteries and energy storage, electronics and semiconductors, chemicals and plastics, textiles and apparel, machinery and industrial equipment, and consumer goods.

If your product falls within any of these categories and originates in one of the 16 investigated economies, you should model the impact of new Section 301 tariffs at rates ranging from 10% to 25% or higher.

If You Source From the 60 Forced Labor Investigation Economies

Because the 60 investigated economies represent 99% of U.S. goods imports, virtually every importer is potentially affected. The forced labor investigation creates a legal basis for tariffs on goods from any country found to have inadequate forced labor enforcement, which could apply broadly.

However, the practical impact will depend on USTR's findings and whether the investigation produces blanket tariffs or targeted measures. Importers with supply chains in countries known for forced labor risks (China, Malaysia, Thailand, Vietnam, Bangladesh, Cambodia) face the most immediate exposure.

What Should Importers Do Before April 15?

1. Identify Your Exposure

Map your import entries by country of origin against the two investigation lists. Determine which of your products, volumes, and duty values are at risk if new Section 301 tariffs are imposed on those origins.

2. Consider Submitting Comments

USTR has specifically invited comments on whether the investigated practices are unreasonable or discriminatory, the extent to which they burden U.S. commerce, and what actions USTR should take, including the "level and scope" of any additional duties or import restrictions. If your products would be disproportionately harmed by new tariffs, or if you have information about the practices under investigation, submitting comments (directly or through an industry association) is the most direct way to influence the outcome.

3. Model Tariff Scenarios for Your Top Products

For each of your highest-volume import origins among the investigated economies, calculate your current total duty (MFN + Section 232 + Section 301 + Section 122) and then model what happens if the Section 122 surcharge is replaced by a new Section 301 tariff at 10%, 15%, 20%, and 25%. The range between these scenarios is your exposure window.

4. Evaluate Alternative Sourcing

If the scenario modeling shows significant cost increases for certain origins, identify alternative suppliers in countries that may face lower rates or that have stronger FTA coverage. The time to qualify alternative suppliers is before new tariffs take effect, not after.

5. Review Your Forced Labor Compliance

The forced labor investigation creates additional pressure on importers to demonstrate that their supply chains are free of forced labor inputs. If you have not already mapped your supply chain to sub-tier suppliers, screened against the UFLPA Entity List, and built documented evidence packages, start now. New Section 301 tariffs based on forced labor findings would add to existing UFLPA enforcement, creating a two-pronged compliance and cost burden. For a complete guide to forced labor compliance, see our UFLPA article.

6. Monitor the Hearings

The April 28 and May 5 hearing dates will provide the clearest public signal of USTR's direction. The questions USTR asks, the industries that testify, and the tone of the proceedings will indicate which countries and sectors are most likely to face the steepest new tariffs.

Frequently Asked Questions

What are the new Section 301 investigations?

USTR launched 76 investigations on March 11 and 12, 2026: 16 targeting structural excess manufacturing capacity and 60 targeting failure to enforce forced labor import prohibitions. These are the largest simultaneous use of Section 301 authority in U.S. history.

Why were these investigations launched?

The administration has stated that these investigations are designed to build the legal basis for permanent tariffs to replace the temporary Section 122 surcharge, which expires July 24, 2026. Section 301 provides tariff authority with no rate cap and no expiration date.

When is the public comment deadline?

April 15, 2026, at 11:59 p.m. EST. Comments must be submitted through the USTR electronic portal.

When do the public hearings take place?

Forced labor hearings begin April 28, 2026. Excess capacity hearings begin May 5, 2026. Both are held at the U.S. International Trade Commission in Washington, D.C.

Which countries are under investigation for excess capacity?

China, the EU, Japan, Korea, Taiwan, Singapore, Vietnam, India, Indonesia, Malaysia, Thailand, Cambodia, Bangladesh, Mexico, Switzerland, and Norway. Canada is not included.

Which countries are under investigation for forced labor?

60 economies representing the top U.S. import sources, accounting for 99% of goods imported in 2024. The list includes close allies like Australia, Canada, the EU, Japan, and the UK.

What tariff rates could result from these investigations?

Section 301 has no statutory rate cap. Existing Section 301 tariffs on Chinese goods range from 7.5% to 100%. The new tariffs could produce country-specific rates at any level USTR determines is appropriate.

Will the new tariffs replace the Section 122 surcharge?

That is the stated intent. USTR has pledged to complete these investigations on an accelerated timeline to have replacement tariffs ready by approximately July 24, 2026. Whether the timing works out perfectly is uncertain.

Do I need to do anything before April 15?

If your supply chain involves any of the investigated economies (which covers virtually all importers), you should identify your exposure, model tariff scenarios, and consider submitting written comments to USTR. The comment period is your opportunity to influence the outcome before rates are set.

How do these investigations relate to existing Section 301 tariffs on China?

The existing Section 301 tariffs on Chinese goods (Lists 1 through 4B) remain in effect. These new investigations could produce additional Section 301 tariffs on China and extend Section 301 coverage to the other investigated economies, many of which have never faced Section 301 tariffs before.

Can these investigations lead to tariffs on EU or Japanese goods?

Yes. Both the EU and Japan are named in the excess capacity investigation, and the EU is named in the forced labor investigation. Section 301 tariffs on European or Japanese goods would represent a major expansion of U.S. trade policy and would significantly affect importers in automotive, machinery, chemicals, and consumer goods sectors.

Where can I submit comments?

Through the USTR Comments Portal. Use docket USTR-2026-0067 for excess capacity comments and USTR-2026-0133 for forced labor comments. Hearing appearance requests go to dockets USTR-2026-0068 and USTR-2026-0134.

This guide reflects USTR Section 301 investigation announcements and timelines as of April 3, 2026. Investigation outcomes, tariff rates, and implementation timelines are subject to change based on findings, public comments, and political developments. Importers should monitor USTR Federal Register notices and the USTR comments portal for updates. For related topics, see our guides on Section 122 expiration, tariff stacking, UFLPA forced labor enforcement, and China sourcing landed cost.

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