ThinkTankWeekly

After IEEPA: New Section 301 investigations and why public input matters

Brookings | 2026-03-28 | economy

Topics: China, Europe, Indo-Pacific, Trade, United States, Economy

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English Summary

Following the Supreme Court's February 2026 ruling invalidating IEEPA-based tariffs, the Trump administration is pivoting to Section 301 of the Trade Act of 1974 as its primary tariff mechanism. Unlike IEEPA, Section 301 requires a formal administrative process with public comment periods and hearings, giving stakeholders an opportunity to shape the evidentiary record. USTR has initiated investigations affecting 60 economies—16 on 'structural excess capacity' policies and all 60 on forced labor import restrictions—with written comments due April 15, 2026. The eventual scope and defensibility of resulting tariffs will depend critically on how USTR defines key terms and frames its justifications. This procedural requirement creates both constraints on tariff scope and opportunities for businesses and workers to influence definitions that will affect supply chains, federal revenue, and trade policy for years to come.

中文摘要

繼最高法院2026年2月的裁決宣布基於《國際緊急經濟權力法》(IEEPA)之關稅無效後,川普政府正轉向採用《1974年貿易法》第301條作為其主要關稅機制。與IEEPA相異,第301條要求進行正式行政程序,包括公開評論期和聽證會,使利益相關者有機會形塑證據記錄。美國貿易代表處(USTR)已啟動涵蓋60個經濟體之調查──其中16個針對「結構性產能過剩」政策,所有60個針對強迫勞動進口限制──書面意見截止日期為2026年4月15日。最終關稅之範圍和合理性將取決於USTR如何定義關鍵術語及闡述其正當理由。此項程序要求既對關稅範圍構成制約,亦為企業和勞工提供了影響定義之機會,該等定義將在未來多年內影響供應鏈、聯邦稅收及貿易政策。

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