• World
  • Mar 13

US launches probes under Section 301 against 60 economies, including India

• The United States Trade Representative (USTR) initiated investigations related to failures to take action on forced labour in 60 economies, including India and the European Union, under Section 301(b) of the Trade Act of 1974 on March 12. 

• The investigation will determine whether foreign governments have taken sufficient steps to prohibit the importation of goods produced with forced labour and how the failure to eradicate these abhorrent practices impacts US workers and businesses.

• Earlier, USTR Jamieson Greer announced the initiation of investigation against 16 economies, including India, under Section 301(b) relating to structural excess capacity and production in manufacturing sectors. 

Why the US initiated such an investigation?

• USTR Greer said that the US will no longer sacrifice its industrial base to other countries that may be exporting their problems with excess capacity and production.

• Structural excess capacity and production in foreign economies’ manufacturing sectors presents a serious challenge to the Trump administration’s reindustrialisation efforts, making it harder to re-shore critical supply chains and create good-paying jobs for American workers.

• Across numerous sectors, many US trading partners are producing more goods than they can consume domestically. 

• This overproduction displaces existing US domestic production or prevents investment and expansion in US manufacturing production that otherwise would have been brought online. 

• In many sectors, the US has lost substantial domestic production capacity or has fallen worryingly behind foreign competitors, the USTR noted.

• For almost 100 years, the US law has prohibited the importation of goods mined, produced, or manufactured in whole or in part with forced labour.

• Companies using forced labour benefit from artificially lower labour costs, and, as a result, are able to sell their goods at a lower price than they would otherwise. This disadvantages US workers and exporters.

• The investigations on forced labour will focus on 60 top US trading partners, collectively covering more than 99 per cent of US imports in 2024.

Section 301 of the Trade Act of 1974

• Section 301 of the Trade Act of 1974 is designed to address unfair foreign practices affecting US commerce. 

• Section 301 may be used to respond to unjustifiable, unreasonable, or discriminatory foreign government practices that burden or restrict US commerce. 

• The United States Trade Representative may self-initiate an investigation under Section 301.

• An investigation under Section 301(b) of the Trade Act examines whether the acts, policies, or practices of a foreign country are unreasonable or discriminatory and burden or restrict US commerce. 

• After considering the advice of the inter-agency Section 301 Committee, and consulting with appropriate advisory committees, the USTR has initiated these investigations. 

• Upon initiation of an investigation, the USTR must seek consultations with the economies whose acts, policies, or practices are under investigation. 

How this probe can be linked to tariffs?

• On February 20, the US Supreme Court struck down tariffs imposed by the Trump administration.

• Later, Trump signed a proclamation to impose a temporary import duty of 10 per cent on all countries to replace the tariffs invalidated by the Court. 

• After that, the President had stated that the US has other alternatives to impose such levies.

• A White House Fact Sheet stated that the President has directed the Office of the USR to use its Section 301 authority to investigate certain unreasonable and discriminatory acts, policies, and practices that burden or restrict US commerce.

• Initiation of this probe marks a significant escalation in trade scrutiny.

• It can be seen as a new move by the Trump administration to rebuild tariff pressure.

• It can give the US government the power to impose new tariffs, restrict imports and suspend trade agreement concessions against economies found to engage in unfair trade practices.