On June 2, 2026, the Office of the U.S. Trade Representative (USTR) issued its determination under Section 301 of the Trade Act of 1974 that certain acts, policies, and practices of 60 economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor are unreasonable and burden or restrict U.S. commerce.  While acknowledging that some trading partners “have taken initial steps to prevent the importation of forced labor goods, including through USMCA and commitments in Agreements on Reciprocal Trade,” Ambassador Jamieson Greer stated that each trading partner “must do more to ensure that trade does not perversely encourage and entrench forced labor globally.” 

These Section 301 investigations were initiated on March 12, 2026.  See Thompson Hine Update of March 17, 2026, for additional background information.  The USTR has prepared a reportActs, Policies, and Practices of Various Economies Related to the Failure to Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced with Forced Labor, that sets forth the findings in each investigation.  The report notes that 54 economies have failed to impose a legal prohibition on the importation of goods produced wholly or in part with forced labor and to effectively enforce such a prohibition; and, that six economies have failed to effectively enforce a forced labor import prohibition. The USTR has determined that the failure of each of the investigated economies to impose and effectively enforce a forced labor import prohibition is unreasonable because it: (1) undermines the universal aim of eliminating forced labor; (2) permits firms that avail themselves of forced labor to produce goods at a lower cost and thereby distort market conditions for firms that do not use forced labor; (3) undermines the profitability of firms that do not use forced labor; and (4) contributes to the circumvention of existing forced labor import prohibitions.

In issuing its Notice of Determination, the USTR is proposing that appropriate action would include applying tariffs as follows:  (i) For economies that impose a forced labor import prohibition; have taken on commitments related to forced labor import prohibitions through an Agreement on Reciprocal Trade; or have imposed a partial regime with the effect of preventing the importation of certain forced labor goods, a proposed additional duty rate of 10%; (ii) For all other economies, a proposed duty rate of  12.5%.  Annex A to the Notice sets forth proposed exemptions for certain goods, including all articles and parts currently subject to section 232 tariffs and raw materials that if subject to the proposed additional tariffs could lead to the unavailability of domestic supply.  The proposed exempt Harmonized Tariff Schedule of the United States (HTS) list in Annex A also includes products that could cause economy-wide disruptions if subject to the proposed additional tariffs and certain products that cannot be grown or produced in sufficient quantities in the United States or obtained from other sources. The proposed exemptions include informational materials (e.g., books), donations, and accompanied baggage. Finally, the proposed exemptions include articles for which additional tariffs may not contribute substantially to the elimination of the investigated acts, policies, and practices described in the Notice of Determination.

Next Steps

The USTR is accepting public comments on the proposed actions and will hold a public hearing in July.

  • Interested persons should submit requests to appear at the public hearing, along with a summary of the testimony, by June 22, 2026. 
  • Public comments on the proposed actions are due no later than July 6, 2026. 
  • USTR will hold a public hearing on the proposed actions on July 7, 2026.
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Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.