USTR Initiates Forced Labor Section 301 Investigation

Mar. 16, 2026
By: Pietro N. Bianchi

On March 12, 2026, United States Trade Representative Greer announced a Section 301 investigation on 59 countries plus the European Union for “failures to take action on forced labor.” The premise of the investigation is whether other countries’ failure to impose and effectively enforce an import ban on goods made with forced labor burdens or restricts U.S. commerce. That same day, the docket for public comments opened. The deadline for comments is April 15, 2026. The USTR’s Federal Register notice requests comments on whether any:

• Country has or is establishing a forced labor import prohibition;
• Forced labor import prohibition is being effectively enforced;
• Failure 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; or
  • 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;
• Tariffs and other import restrictions should be imposed on what products to correct any issues?

Areas of concern include but are not limited to cotton, critical minerals, fish, and palm oil. A public hearing will be held on April 28, 2026. This is the second Section 301 investigation (here is the first) launched in the wake of Learning Resources, which struck down the Trump Administration’s IEEPA tariffs, and Ambassador Greer has indicated that the investigations are an attempt to continue the tariffs imposed under IEEPA. Lack of public comment will likely result in Section 301 tariffs at prior IEEPA rates. Importers with supply chains in the countries subject to the investigation should strongly consider commenting on the investigation. If you have questions about Section 301 investigations or other trade remedies do not hesitate to contact an attorney at Barnes Richardson & Colburn LLP.