The US Trade Representative has opened a sweeping new front in the country’s trade war, launching Section 301 investigations into 76 economies over forced labor imports and excess industrial capacity. The move follows a February 2026 Supreme Court ruling that struck down broad tariffs imposed under the International Emergency Economic Powers Act, forcing the administration to find a different legal toolkit.
A patchwork strategy with real teeth
In March 2026, the USTR initiated 60 separate investigations into countries that have failed to ban imports produced through forced labor. A parallel batch of 16 investigations targets economies with structural excess industrial capacity, a list that includes China, India, the European Union, and Japan.
Section 301 gives the USTR authority to investigate and retaliate against foreign trade practices deemed “unreasonable” or discriminatory toward US commerce. It’s the same statute that underpinned the original Trump-era tariffs on Chinese goods back in 2018 and 2019.
By June 2026, the USTR had proposed tariffs of 10% on some economies and 12.5% on others based on their forced labor practices. Those final actions took effect on July 23, 2026. Brazil got singled out for a steeper 25% tariff on specific goods, effective July 22, 2026, addressing a mix of trade grievances beyond just forced labor.
