USTR Initiates Section 301 Investigations Against Dozens of Countries Which Could Result in New Tariffs Replacing the IEEPA Tariffs and Other Measures - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / March 16, 2026
The U.S. Trade Representative has initiated two investigations under Section 301 of the Trade Act of 1974. Under this provision, the U.S. will investigate whether an act, policy, or practice of a foreign country either: a) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or b) is unjustifiable and burdens or restricts United States commerce.
In the event of affirmative determinations by the USTR, the administration is authorized to take actions designed to affect goods or services of the foreign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States commerce. Such actions may include, among other things, the imposition of import duties or other import restrictions.
It is widely understood that these investigations are intended to result in tariffs to replace the IEEPA tariffs recently invalidated by the Supreme Court. It is expected that any final action will be taken in advance of July 24, 2026 (the date on which the authority for the current Section 122 surcharge expires).
Before finalizing any contemplated actions, the administration will seek public comments and hold public hearings.
The specifics of the two investigations and the associated opportunities to provide public comment and participate in the public hearings are summarized below.
1. Acts, Policies, and Practices of Certain Economies Relating to Structural Excess Capacity and Production in Manufacturing Sectors
On March 11, 2026, the USTR initiated an investigation of the economies of key trading partners that have developed excess production capacity leading to, among other things, overproduction and large or persistent trade surpluses, as well as underutilized and unused capacity, in manufacturing sectors. The investigation will focus on the economies of China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, and India.
Key dates in the public comment process are as follows:
• March 17, 2026: USTR will open the docket for the submission of written comments and requests to appear at the hearings.
• April 15, 2026: Deadline for the submission of written comments and any requests to appear at the hearings, along with a summary of the testimony.
• May 5, 2026: The Section 301 Committee will convene public hearings, continuing, as necessary, until May 8th.
• Seven calendar days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments.
2. Acts, 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
On March 12, 2026, the USTR initiated an investigation regarding the acts, 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. As alleged, such acts threaten domestic producers who must compete with foreign goods produced with an artificial cost advantage and may harm U.S. workers and citizens through distorting competition and the purchase of goods produced under exploitative conditions.
This investigation will focus on the economies of Algeria, Angola, Argentina, Australia, The Bahamas, Bahrain, Bangladesh, Brazil, Cambodia, Canada, Chile, China (PRC), Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, El Salvador, European Union, Guatemala, Guyana, Honduras, Hong Kong (China), India, Indonesia, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Libya, Malaysia, Mexico, Morocco, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Peru, Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Sri Lanka, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Türkiye, United Arab Emirates, United Kingdom, Uruguay, Venezuela and Vietnam.
Notably, the March 12th Section 301 investigation covers all of the countries identified in the March 11th investigation (and many more). As such, it is possible that some countries could find themselves subject to tariffs imposed under two separate Section 301 investigations (in addition to otherwise applicable tariffs).
Key dates in the public comment process are as follows:
• Current: the USTR has already opened a docket for the submission of written comments and requests to appear at the hearings.
• April 15, 2026: Deadline for the submission of written comments and any requests to appear at the hearings, along with a summary of the testimony.
• April 28, 2026: The Section 301 Committee will convene public hearings, continuing, as necessary, until May 1st.
• Seven calendar days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments.
In prior actions, the administration has indicated that the absence of comments opposing a proposed action has been a factor in favor of proceeding with such action. We have frequently assisted our clients in preparing comments and hearing testimony in connection with Section 301 proceedings and have had successes in advancing arguments that resulted in the exclusion of products from the final action.
Please contact any of our attorneys for further information or if we can be of assistance with the public comment and hearing process.
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Cybersecurity - Ready.gov
Cyberattacks can occur in many ways, including:
• Accessing your personal computers, mobile phones, gaming systems and other internet- and Bluetooth-connected devices.
• Damaging your financial security, including identity theft.
• Blocking your access or deleting your personal information and accounts.
• Complicating your employment or business services.
• Impacting transportation and the power grid.
Protect Yourself Against Cyberattacks
• Limit the personal information you share online. Change privacy settings and do not use location features.
• Keep software applications and operating systems up-to-date.
• Create strong passwords by using upper and lower case letters, numbers and special characters. Use a password manager and two methods of verification.
• Watch for suspicious activity that asks you to do something right away, offers something that sounds too good to be true, or needs your personal information. Think before you click. When in doubt, do NOT click.
• Protect your home and/or business using a secure Internet connection and Wi-Fi network, and change passwords regularly.
• Don’t share PINs or passwords. Use devices that use biometric scans when possible (e.g. fingerprint scanner or facial recognition).
• Check your account statements and credit reports regularly.
• Be cautious about sharing personal financial information, such as your bank account number, Social Security number or credit card number. Only share personal information on secure sites that begin with https://. Do not use sites with invalid certificates. Use a Virtual Private Network (VPN) that creates a more secure connection.
• Use antivirus and anti-malware solutions, and firewalls to block threats.
• Back up your files regularly in an encrypted file or encrypted file storage device.
• Do not click on links in texts or emails from people you don’t know. Scammers can create fake links to websites.
• Remember that the government will not call, text or contact you via social media about owing money.
• Keep in mind that scammers may try to take advantage of financial fears by calling with work-from-home-opportunities, debt consolidation offers and student loan repayment plans.
During a Cyberattack
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USTR Initiates 60 Section 301 Investigations Relating to Failures to Take Action on Forced Labor - USTR
WASHINGTON — Today (3/12/26), the United States Trade Representative initiated investigations of 60 economies under Section 301(b) of the Trade Act of 1974. The investigations will determine whether acts, policies, and practices of each of these economies related to the failure to impose and effectively enforce a ban on the importation of goods produced with forced labor are unreasonable or discriminatory and burden or restrict U.S. commerce. The list of economies subject to these investigations—60 of the largest trading partners of the United States—is below.
“Despite the international consensus against forced labor, governments have failed to impose and effectively enforce measures banning goods produced with forced labor from entering their markets. For too long, American workers and firms have been forced to compete against foreign producers who may have an artificial cost advantage gained from the scourge of forced labor,” said Ambassador Greer. “These investigations will determine whether foreign governments have taken sufficient steps to prohibit the importation of goods produced with forced labor and how the failure to eradicate these abhorrent practices impacts U.S. workers and businesses.”
Background
Section 301 of the Trade Act of 1974 is designed to address unfair foreign practices affecting U.S. commerce. Section 301 may be used to respond to unjustifiable, unreasonable, or discriminatory foreign government practices that burden or restrict U.S. commerce. Under Section 302(b) of the Trade Act, the United States Trade Representative may self-initiate an investigation under Section 301.
An investigation under Section 301(b) of the Trade Act examines whether the acts, policies, or practices of a foreign country are unreasonable or discriminatory and burden or restrict U.S. commerce. After considering the advice of the inter-agency Section 301 Committee, and consulting with appropriate advisory committees, the United States Trade Representative has initiated these investigations.
Upon initiation of an investigation, the United States Trade Representative must seek consultations with the economies whose acts, policies, or practices are under investigation. USTR has requested consultations with the governments of these economies in connection with these investigations. USTR will hold hearings in connection with these investigations on April 28, 2026. To be assured of consideration, interested persons should submit written comments, requests to appear at the hearing, along with a summary of the testimony, by April 15, 2026.
A pre-publication version of the Federal Register Notice is available here.
A docket for comments regarding the investigation will be available here.
A docket for requests to appear at the public hearing to be held in connection with this investigation will be available here.
Economies subject to these investigations:
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Ambassador Greer Signs the United States-Ecuador Agreement on Reciprocal Trade - USTR
WASHINGTON – Today, United States Trade Representative Jamieson Greer joined Ecuadorian Minister of Production, Foreign Trade and Investment Luis Alberto Jaramillo in signing the United States–Ecuador Agreement on Reciprocal Trade.
“President Trump is unlocking commercially meaningful market access for American farmers and manufacturers, opening Ecuador’s market of over 18 million consumers to U.S. agricultural and industrial exports,” said Ambassador Greer. “Today’s agreement will further expand and diversify bilateral trade and investment to advance our shared interests while boosting America’s competitiveness in Latin America. I thank Ecuadorian Minister Luis Alberto Jaramillo for his commitment to creating more balanced and reciprocal trade with the United States.”
To read the text of the Agreement between the United States of America and the Republic of Ecuador on Reciprocal Trade, click here. To read the tariff schedule, click here.
To read the Joint Statement on Framework for United States-Ecuador Agreement on Reciprocal Trade, click here.
To read the Fact Sheet, click here.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Oil Country Tubular Goods From Socialist Republic of Vietnam: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
• Pentafluoroethane (R-125) From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Temporary Steel Fencing From the People's Republic of China: Final Affirmative Countervailing Duy Determination and Final Affirmative Determination of Critical Circumstances, in Part
• Tow-Behind Lawn Groomers and Certain Parts Thereof From the People's Republic of China: Continuation of Antidumping Duty Order
• Polypropylene Corrugated Boxes From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
• Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
• Steel Concrete Reinforcing Bar From the Republic of Türkiye: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order
• Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews:Hard Empty Capsules From Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam: Antidumping Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Wheels From the People's Republic of China: Initiation of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders
• Alloy and Certain Carbon Steel Threaded Rod From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2024-2025
• Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2023
• Utility Scale Wind Towers From Canada, the Socialist Republic of Vietnam, Indonesia, and the Republic of Korea: Continuation of Antidumping and Countervailing Duty Orders
• Large Diameter Welded Pipe From Canada: Notice of Initiation of Antidumping Duty Changed Circumstances Review
• Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2023-2024
• Certain Steel Wheels From the People's Republic of China: Initiation of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Truck Bed Covers From the People's Republic of China: Initiation of Countervailing Duty Investigation
• Large Diameter Graphite Electrodes From the People's Republic of China and India: Initiation of Countervailing Duty Investigations
• Pentafluoroethane (R-125) From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2023
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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CBP Reminds Travelers of Agricultural Import Rules for Passover and Easter Travel - U.S. Customs & Border Protection
WASHINGTON — As the Passover and Easter season approaches, those traveling with or importing fresh flowers, plants, seeds, fruits, vegetables, and decorated eggs, including confetti-filled eggs commonly known as cascarones, are reminded to check the latest import requirements regarding agricultural items.
Each day, U.S. Customs and Border Protection agriculture specialists enforce the regulations to help protect U.S. agriculture and natural resources from unwanted pests and related diseases.
Key Reminders for Travelers:
• Fresh Flowers: All fresh flowers must be declared upon arrival to the U.S. and will be inspected by CBP agriculture specialists. Some flowers may be prohibited depending on their country of origin and pest risk. Plant seeds and roots are not permitted in passenger baggage.
• Seeds: Seeds without appropriate certification are not allowed entry into the United States. Seeds require proper labeling, including, in many cases, a phytosanitary certificate.
• Fruits and Vegetables: Many fruits and vegetables, especially citrus, are restricted or prohibited due to the risk of invasive pests and diseases. Travelers should check USDA guidelines before packing these items.
• Decorated Eggs and Cascarones: Raw eggs are generally prohibited. Cascarones may be allowed if they are commercially prepared and free of raw egg residue. Improperly prepared eggs can pose a risk of spreading Highly Pathogenic Avian Influenza. All eggs and egg products, including chocolate cream-filled eggs, must be declared and may be subject to inspection or prohibition based on their origin and preparation. Surprise eggs with toys inside are prohibited from importation into the U.S., as they do not meet U.S. safety standards. must be declared upon entry.
Failure to declare prohibited items can result in fines and delays. For more information on importing or traveling with agriculture items, consult the CBP website.
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Ensuring Truthful Advertising of Products Claiming to be Made in America - The White House
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Policy. Americans have a right to clear, accurate, substantiated, and accessible information regarding whether products advertised as “Made in America” are actually made in the United States. Protecting American consumers against fraudulent American-origin claims also benefits businesses that invest in American manufacturing and products.
Yet in the age of the modern digital marketplace, foreign manufacturers and sellers represent that their products are made in the United States to target patriotic consumers when, in fact, those products are largely produced and manufactured in other countries. Americans routinely rely on sellers’ “Made in America” or similar American-origin advertising when purchasing products from digital marketplaces. But American businesses building, growing, and manufacturing all, or virtually all, aspects of their products onshore are entitled to the undiluted branding benefits that come with supporting the American economy, and American citizens attempting to buy American products should have certainty as to what American-origin claims mean.
Sec. 2. Implementation. (a) The Chairman of the Federal Trade Commission (FTC) shall, wherever appropriate, prioritize enforcement actions in cases in which a seller’s or manufacturer’s claim that a product is “Made in America” or “Made in the U.S.A.”, or any similar American-origin claims, constitutes a violation of law. In determining whether such claims constitute a violation of law, including an unfair or deceptive act or practice, the FTC shall, as needed, consult with other executive departments and agencies (agencies) with subject-matter expertise with respect to the relevant products.
(b) The FTC shall consider issuing proposed regulations providing that the failure of an online marketplace to establish procedures for verifying country-of-origin claims may constitute an unfair or deceptive act or practice under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(c) In consultation with the Chairman of the FTC, all agencies with oversight of country-of-origin labeling shall consider promulgating regulations that promote voluntary country-of-origin labeling for products made or manufactured in the United States. Such agencies shall consult with one another, as appropriate, to ensure that American businesses receive consistent guidance on voluntary country-of-origin labeling.
(d) All agencies overseeing Government-wide acquisition contracts, any Multiple Award Schedule, or any other Government-wide indefinite delivery, indefinite-quantity contracts shall periodically review and verify any “Buy American Act”, “Country of Origin USA”, or similar American-origin claims for products acquired through these contracts. For any contractors or vendors found to misrepresent an American-origin status of any product sold to the Government, the relevant agency shall remove the products from Government procurement availability and refer the relevant contractors or vendors to the Department of Justice, which may pursue actions under the False Claims Act (31 U.S.C. 3729 et seq.).
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Federal Trade Commission.