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Section 301
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Section 301

1974 US trade law empowering tariffs against unfair foreign trade practices; USTR's main leverage tool.

Washington fired Section 301 twice in 24 hours on 24 July 2026: a forced-labour tariff on 60 economies naming the EU, then a fresh probe into EU digital-enforcement rules threatening tariffs.

Last refreshed: 4 August 2026 · Appears in 2 active topics

Key Question

Can the US use trade law to force Europe to back off its tech fines?

Timeline for Section 301

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Background

Section 301 of the Trade Act of 1974 authorises the US Trade Representative to investigate foreign trade practices judged unfair, unreasonable or discriminatory towards US commerce, and to recommend tariffs or other retaliatory measures. It needs no new legislation to invoke: a USTR investigation, consultation with the foreign government, and a determination are the only steps between a complaint and a tariff order, making it Washington's fastest-moving trade weapon.

Washington has reached for it repeatedly since the 1980s, most consequentially against China from 2018, when it underpinned roughly $360bn in tariffs under the first Trump administration. Its use is not confined to bilateral disputes: on 12 March 2026 the USTR opened 60 separate Section 301 investigations into economies that fail to enforce a ban on importing goods made with forced labour, drawing more than 1,600 public comments and testimony from over 100 witnesses at July hearings.

Key Issues
Trade weapon

It hits Brussels twice inside a day

This instrument's forced-labour clause took effect against roughly 60 economies at 00:01 US eastern time on 24 July 2026, banding new tariffs at 10 to 12.5 per cent and naming the EU specifically for weak enforcement of the import ban . Hours later, President Trump invoked the same statute again, ordering a separate investigation into EU digital-enforcement practices and threatening a fresh tariff, a day after USTR Jamieson Greer said the Commission's roughly $1bn Google fine created "massive uncertainty" for US exports .

Two invocations landing on Brussels within 24 hours, one a broad-brush economy-wide classification and one a targeted new probe, mark the heaviest single-day use of the statute against a US ally to date.

Common Questions

Reference

What is Section 301 of the US Trade Act?
A 1974 US trade law letting the President impose tariffs on countries found to have unfair, unreasonable or discriminatory trade practices, following a USTR investigation.Source: Trade Act of 1974, Section 301 (19 U.S.C. Sec. 2411)
Who is the current US Trade Representative?
Jamieson Greer, who leads Section 301 investigations and determinations for the Trump administration.Source: ustr.gov
What are the Section 301 forced-labour tariffs that took effect in July 2026?
Additional duties of 10 to 12.5 per cent that took effect on 24 July 2026 against 60 economies, including the EU, found to under-enforce bans on forced-labour imports.Source: USTR, 'USTR Takes Action in Forced Labor Section 301 Investigations', July 2026 (ustr.gov)
Why did the US open a Section 301 investigation into the EU in July 2026?
Trump ordered the probe into EU digital-enforcement practices a day after USTR Jamieson Greer said the Commission's roughly $1 billion Google fine created massive uncertainty for US exporters.Source: Lowdown briefing, European Tech Sovereignty #13
What did the EU fine Apple and Meta for?
The EU fined Apple €500m for preventing developers from communicating freely with consumers, and Meta €200m for its pay-or-consent advertising model, both under the Digital Markets Act gatekeeper rules.Source: Background
Can the US legally block EU fines on American tech companies?
No direct block is possible, but the US can impose retaliatory tariffs on EU goods under Section 301, creating economic leverage to pressure the EU to modify enforcement.Source: Background