GlossaryEN1 min readUpdated: Jun 24, 2026

Section 301

As of June 2026 — Section 301 of the U.S.

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Last updated: 24 June 2026Published: 23 June 2026

Source: US Trade Act of 1974, Sec. 301; USTR Section 301 (China Lists 1–4A, 25 % / 7,5 %, EV 100 %); US Supreme Court, Learning Resources, Inc. v. Trump (20.02.2026, IEEPA-Aus, Section 301 unberührt); USTR Section-301-Untersuchungen „structural excess capacity" 16 Volkswirtschaften (11.03.2026) und Zwangsarbeit ~60 Länder mit Vorschlag 10 %/12,5 % (02.06.2026, Konsultation bis 06.07.2026, Anhörung 07.07.2026); Brookings, White & Case, ArentFox Schiff, Hinrich Foundation. Stand: Juni 2026.

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Definition & Explanation

As of June 2026 — Section 301 of the U.S. Trade Act of 1974 is a legal authority that allows the US Trade Representative (USTR) to act against trade practices of other countries deemed unfair, in breach of agreements, or discriminatory towards US interests — typically through additional tariffs. Unlike Section 232 (national security), Section 301 targets the specific misconduct of a trading partner, such as forced technology transfer or the infringement of intellectual property. The provision became practically significant above all in the trade conflict with China: since 2018 the US has charged Chinese imports under Lists 1 to 4A with additional tariffs of 25 percent (Lists 1 to 3) and 7.5 percent (List 4A); individual goods such as electric vehicles carry 100 percent. Section 301 tariffs are administered by the USTR, which regularly adjusts product lists and exclusions. They were unaffected by the Supreme Court ruling of 20 February 2026 on the IEEPA tariffs, which struck down only the reciprocal tariffs and the fentanyl tariffs. Since then the US administration has built up Section 301 as its main replacement instrument, to base tariffs on a more litigation-proof footing rather than on the IEEPA: on 11 March 2026 the USTR opened investigations into "structural excess capacity" in 16 economies (including China and the EU); on 2 June 2026, in the forced-labor investigations covering some 60 countries, it proposed additional tariffs of 10 percent (15 partners) and 12.5 percent (45 partners) (public comment until 6 July, hearing on 7 July 2026). Importers must continually reconcile the applicable lists, as rates and exclusions change.

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Section 301

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Related Terms

Section 232 Automobile Tariffs

Section 201 (Safeguard)

Section 232

Section 122

Foreign-Trade Zone (FTZ)

Learning Resources v. Trump (US Supreme Court IEEPA Tariff Ruling, 2026)

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