U.S. trade probes ramping up
- The U.S. has opened broad 1974 Trade Act investigations into dozens of countries' practices. - These inquiries are expected to produce tariffs similar to ones courts recently invalidated. - Renewed tariff risk means procurement should map origin exposure and lead-time vulnerability by category ( ).
The Trump administration has opened sweeping new trade investigations under a 1974 law, setting up another round of tariffs after courts struck down its earlier emergency duties. (ustr.gov, gibsondunn.com) The Office of the United States Trade Representative started one set of Section 301 cases on March 11, 2026, aimed at “structural excess capacity” in manufacturing across 16 economies, including China, the European Union, Japan, India, Mexico and Vietnam. Written comments were due April 15, and public hearings are scheduled for May 5 through May 8. (ustr.gov, ustr.gov) USTR opened a second, broader Section 301 action on March 12, 2026, covering 60 economies over alleged failures to ban imports made with forced labor. That docket also took comments through April 15, with hearings set for April 28 through May 8. (ustr.gov, federalregister.gov) Section 301 is the same trade law the United States has used for years to investigate foreign practices and then impose country-specific tariffs or other import restrictions. Unlike the tariffs the Supreme Court voided on February 20, 2026, Section 301 is explicitly written as a trade remedy statute. (ustr.gov, natlawreview.com) That court ruling erased the administration’s tariffs imposed under the International Emergency Economic Powers Act, or IEEPA, after the justices held that the statute did not authorize tariffs. White House orders issued the same day ended those IEEPA tariff actions but left Section 301 and Section 232 duties in place. (gibsondunn.com, whitehouse.gov) The administration has already shown it will pivot to other trade authorities when one route closes. On February 20, 2026, Trump also invoked Section 122 of the Trade Act of 1974 for a temporary import surcharge tied to what the White House called “fundamental international payment problems.” (whitehouse.gov, troutman.com) For importers, the new Section 301 cases matter because they can produce tariffs that look narrower than the invalidated IEEPA duties but still hit broad categories of goods by country. Trade lawyers at Polsinelli, Holland & Knight and DWT have told clients the investigations could end in tariffs or other restrictions later this year. (polsinelli.com, hklaw.com, dwt.com) The manufacturing case is aimed at countries USTR says show large or persistent surpluses or underused factory capacity, a list that spans Asia, Europe and North America. The forced-labor case reaches even further, covering 60 of the United States’ largest trading partners. (federalregister.gov, ustr.gov) Other governments are likely to argue that the probes are too broad or that the United States is using trade law to pressure allies as well as rivals. USTR says Section 301 allows action against “unjustifiable, unreasonable, or discriminatory” foreign practices that burden U.S. commerce, and the hearings now underway will build the record for whatever comes next. (ustr.gov, federalregister.gov) The immediate question is no longer whether the White House will keep looking for tariff authority after February’s court loss. It is which products, which countries and which supply chains will be named first once these Section 301 cases move from investigation to action. (ustr.gov, chase.com)
