Section 301

Quick Answer

Last updated: 28 July 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: Juli 2026.

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Definition & Explanation

As of July 2026 — Section 301 of the U.S. Trade Act of 1974 is a legal basis that allows the US Trade Representative (USTR) to take action against trade practices of other countries deemed unfair, treaty-inconsistent, or discriminatory against US interests — typically through additional tariffs. Unlike Section 232 (national security), Section 301 targets specific misconduct by a trading partner, such as forced technology transfer or intellectual property violations. The provision became especially significant in the trade conflict with China: since 2018, the US has imposed additional tariffs of 25 percent (Lists 1–3) or 7.5 percent (List 4A) on Chinese imports; individual products such as electric vehicles carry 100 percent. Section 301 tariffs are administered by the USTR, which regularly adjusts product lists and exemptions. They were unaffected by the Supreme Court ruling of February 20, 2026 on IEEPA tariffs. Since then, the US government has built Section 301 into its primary replacement instrument. In tariff calculations, Section 301 surcharges are assessed on top of the regular MFN tariff; the correct HTSUS code of the imported product determines which Section 301 list applies. Importers must continuously track current lists, as rates and exemptions change.

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