USTR Trade Policy Agenda: Trade Investigations Takeaways

On March 2, 2026, United States Trade Representative (USTR) Jamieson Greer delivered to Congress the 2026 Trade Policy Agenda and 2025 Annual Report. Together, they identify efforts by USTR to implement the Trump administration’s America First Trade Policy and highlight USTR’s actions with trade negotiations, agreements on reciprocal trade, and trade enforcement. Additionally, they indicate that areas of focus for the future include supply chain resilience and strengthening the U.S. industrial base, United States-Mexico-Canada Agreement (USMCA) revisions, and ensuring China’s compliance with the October 2025 one-year trade deal.

Since the Trade Policy Agenda was released, USTR has announced two series of investigations under Section 301 of the Trade Act of 1974 (Section 301), respectively covering: (1) structural excess manufacturing capacity, and (2) failure to take action on forced labor. Section 301 provides USTR with broad authority for a range of responsive actions to resolve unfair trade practices, including imposing duties or other restrictions on imports, withdrawing or suspending trade agreement concessions, or entering into a binding agreement with the foreign government to either eliminate the conduct in question or compensate the United States with satisfactory trade benefits.

USTR Section 301 Investigations into Structural Excess Manufacturing Capacity and Production

On March 11, 2026, USTR initiated multiple Section 301 investigations into structural excess manufacturing capacity and production by several economies under Section 301(b) of the Trade Act of 1974. The 16 countries subject to investigation are listed below.

USTR’s Section 301 investigations into structural issues are consistent with the Trump Administration’s America First Trade Policy to strengthen the U.S. manufacturing and ensure reciprocal trade with the United States. According to USTR Greer, “the United States will no longer sacrifice its industrial base to other countries that may be exporting their problems with excess capacity and production to us. Today’s investigations underscore President Trump’s commitment to reshore critical supply chains and create good-paying jobs for American workers across our manufacturing sectors.”

USTR initiation of a Section 301 investigation starts a formal process that can result in tariffs or other restrictive measures. Accordingly, participation, such as by filing comments to support Section 301 tariffs with USTR, may provide meaningful relief for U.S. manufacturers that are injured due to unfair competition by low-priced imports. USTR has announced the following timeline and opportunities to participate in these investigations:

• March 17, 2026 - April 15, 2026 – Written comments and hearing requests can be filed with USTR
• May 5, 2026 – Public hearing on the Section 301 investigations
• Week of May 11, 2026 – Post-hearing rebuttal comments are due

USTR indicated that while comments are welcome on any issue covered by the investigation, USTR is interested in:

• The acts, policies, and practices of each investigated economy creating or maintaining structural excess capacity or production in specific sectors.
• Whether the acts, policies, and practices are unreasonable or discriminatory.
• Whether the acts, policies, and practices burden or restrict U.S. commerce, and if so, the nature and level of the burden or restriction. This would include economic assessments of the burden or restriction.
• Whether the acts, policies, and practices are actionable under section 301(b) of the Trade Act, and what action, if any, should be taken, including tariff and non-tariff actions.
• Whether there are additional considerations for assessing acts, policies, and practices that contribute to structural excess capacity or production in manufacturing sectors.

USTR Section 301 Investigations into Failures to Take Action on Forced Labor

On March 12, 2026, USTR initiated multiple Section 301 investigations into whether trading partners have failed to take action on forced labor. Specifically, USTR highlighted that these investigations will determine whether acts, policies, and practices of each country 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 Section 301 investigations cover 60 countries listed below.

USTR’s Section 301 investigations into structural issues are consistent with the Trump administration’s America First Trade Policy to strengthen the U.S. manufacturing and ensure reciprocal trade with the United States. “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.

As with the Section 301 investigations into excess capacity and production, USTR’s initiation of the Section 301 investigations into forced labor can result in tariffs or other trade restrictions and provides opportunity for injured manufacturers to participate. The key deadlines for the forced labor investigations are:

• March 17, 2026 - April 15, 2026 – Written comments and hearing requests can be filed with USTR
• April 28, 2026 – Public hearing on the Section 301 investigations
• Week of May 4, 2026 – Post-hearing rebuttal comments are due

Although USTR indicated that while comments are welcome on any issue covered by the investigation, USTR is particularly interested in comments on the following:

• Whether any economy subject to these investigations maintains or is in the process of establishing a forced labor import prohibition, and whether any such import prohibition is being effectively enforced.
• The extent to which the failure of any economy to establish and effectively enforce a forced labor import prohibition is unreasonable, discriminates against U.S. goods, or constitutes a persistent pattern of conduct that permits any form of forced or compulsory labor.
• The extent to which the failure of any economy to establish and effectively enforce a forced labor import prohibition has negatively affected U.S. commerce, such as through lost U.S. exports or economic output, lower prices for U.S. goods, or lower wages for U.S. workers.
• What action, if any, should be taken to address these issues, including:
  • The level and scope, if any, of duties on products of any economy subject to these investigations.
  • The level and scope, if any, of import restrictions on products of any economy subject to these investigations.
• The appropriate aggregate level of trade to be covered by any additional duties on products of any economy subject to these investigations.

Buchanan has a team of international trade and national security attorneys and government relations professionals ready to help U.S. manufacturers with U.S. trade remedy laws and trade policy. U.S. AD/CVD tariff laws are one of the only available tools to reestablish an even playing field for American companies and avoid lost sales and profits. Our eBook, Trade Remedy Investigations Handbook, shares details on how diverse domestic industries can take advantage of these laws – antidumping and countervailing duty investigations – to combat unfair foreign competition and receive adequate remedies and protections. Our dedicated team has decades of experience supporting clients across a range of industries – ranging from steel, chemical, rubber, mining, and agricultural products – to ensure that the U.S. market is operating under fair and equal conditions.

Excess Capacity Investigation Countries

List of Countries covered by the Forced Labor Investigations

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.