On July 6, 2026, the U.S. Court of International Trade (CIT) issued an Order announcing resolution of all pending but stayed China Section 301 cases because of the June 15, 2026 U.S. Supreme Court decision denying the petition for a writ of certiorari in HMTX Industries LLC v. United States. To facilitate resolution of
Section 301 Investigations
USTR Launches Section 301 Investigation into Germany’s Underpayment for Pharmaceutical Products
On June 18, 2026, the Office of the U.S. Trade Representative (USTR) announced that it was launching an investigation of Germany under Section 301 of the Trade Act of 1974. The investigation will seek to determine “whether persistent underpayment for innovative pharmaceutical products by Germany is unreasonable or discriminatory and burdens or restricts U.S. commerce.” …
U.S. Supreme Court Declines Review of China Section 301 Tariff Challenge
On June 15, 2026, the U.S. Supreme Court denied without comment the plaintiff group’s petition for certiorari in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.). The petition sought review of the U.S. Court of Appeals for the Federal Circuit…
USTR Proposes Tariffs of 10% to 12.5% in 60 Section 301 Forced Labor Investigations
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…
USTR in Brazil Section 301 Investigation Determination Proposes 25% Tariffs
On June 1, 2026, the Office of the U.S. Trade Representative (USTR) issued its determination that certain of Brazil’s acts, policies, and practices related to (i) digital trade and electronic payment services; (ii) unfair, preferential tariffs; (iii) anti-corruption enforcement; (iv) intellectual property protection; (v) ethanol market access; and (vi) illegal deforestation are unreasonable and burden…
USTR Launches Section 301 Investigation into Vietnam’s Acts, Policies, and Practices Related to Intellectual Property
On May 29, 2026, the U.S. Trade Representative (USTR) announced that it was launching an investigation of Vietnam under Section 301 of the Trade Act of 1974. 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…
USTR Initiates Second Four-Year Review of Section 301 Tariff Actions on Imports of Certain Chinese Products
On May 6, 2026, the U.S. Trade Representative (USTR) issued a notice initiating its second statutory four-year review of Section 301 tariffs on imports of certain Chinese products initially implemented by the Trump administration in its 2018 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The first step…
USTR Launches Section 301 Investigations into Forced Labor Practices
On March 12, 2026, the U.S. Trade Representative (USTR) announced that it was launching Section 301 investigations into 60 trade partners to determine whether they have been engaged in forced labor practices. The investigations, to be conducted pursuant to Section 301of the Trade Act of 1974, include China, the European Union, India, and Mexico. A…
USTR Initiates Section 301 Investigations into the Acts, Policies & Practices of Certain Economies Relating to Structural Excess Capacity and Production in Manufacturing Sector
By Scott E. Diamond** & David M. Schwartz on
On March 11, 2026, the Office of the U.S. Trade Representative (USTR) initiated investigations into the Acts, Policies, and Practices of Certain Economies Relating to Structural Excess Capacity and Production in Manufacturing Sectors under Section 301 of the Trade Act of 1974. This announcement had been expected since the Supreme Court of the United States…
Plaintiffs in China Section 301 Tariff Litigation File Petition with U.S. Supreme Court Seeking Review of Federal Circuit Decision
On February 20, 2026, lead counsel for the plaintiff group in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.), filed a Petition for a Writ of Certiorari with the U.S. Supreme Court seeking review of the U.S. Court of Appeals…