Section 301 of the Trade Act of 1974 is a provision of U.S. trade law (19 U.S.C. § 2411) that grants the Office of the United States Trade Representative (USTR) the authority to investigate and respond to foreign trade practices. It was enacted as part of the Trade Act of 1974 to provide the U.S. government with a legal framework to address unfair trade practices and open foreign markets for U.S. exports. The law was frequently used in the 1980s and 1990s to resolve trade disputes, particularly with Japan.
The mechanism allows the USTR to self-initiate or act on a petition to investigate an act, policy, or practice of a foreign government that violates a trade agreement or is "unjustified, unreasonable, or discriminatory" and burdens U.S. commerce. Following an investigation, the USTR is authorized to take "appropriate action," which can include imposing new tariffs, withdrawing trade agreement concessions, or negotiating a binding agreement to eliminate the practice.
The provision is part of Title III of the Trade Act of 1974 (Sections 301 through 310) and is closely connected to the USTR. Its use declined after the establishment of the World Trade Organization (WTO) in 1995, as the U.S. committed to using the WTO's dispute settlement mechanism instead. However, its use was revitalized in August 2017 when the U.S. imposed tariffs on China over intellectual property theft and forced technology transfer. More recently, in July 2026, the U.S. administration imposed new tariffs under Section 301 on imports from 60 trading partners, citing concerns over the enforcement of forced labor prohibitions.