What Section 301 of Trade Act 1974 - 19 USC 2411 USTR Unfair Trade Practice Authority requires
Section 2411 of title 19 of the United States Code, section 301 of the Trade Act of 1974 (Public Law 93-618), authorises the United States Trade Representative to take action against foreign government acts, policies, or practices that violate or are inconsistent with US rights under any trade agreement, that deny benefits to the United States under any trade agreement, that are unjustifiable and burden or restrict US commerce, or that are unreasonable or discriminatory and burden or restrict US commerce. Mandatory action under subsection (a) applies where the USTR determines a trade agreement is being violated or a foreign act is unjustifiable, subject to enumerated exceptions including a dispute-settlement-body determination that the practice is compliant, a satisfactory corrective measure, an undertaking to eliminate the practice, or where action would cause disproportionate harm or threaten national security. Discretionary action under subsection (b) applies where the USTR determines an act is unreasonable or discriminatory. Authorized retaliation includes suspending trade agreement benefits, imposing duties or other import restrictions, withdrawing preferential treatment, negotiating binding agreements, and restricting service-sector authorisations; the action must equal the economic burden the foreign practice imposes. Section 301 was the basis of the 2018-2024 China Section 301 tariff actions targeting forced technology transfer and IP misappropriation, and the 2024 increases targeting strategic-sector imports including semiconductors, electric vehicles, batteries, and critical minerals.
Pillar: Trade Compliance & Export Controls · Authority: United States Congress (Office of the Law Revision Counsel) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/19/2411
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Primary Citations — 8 traced to source
- 19 USC 2411 (Actions by United States Trade Representative) https://www.law.cornell.edu/uscode/text/19/2411
- Trade Act of 1974, Public Law 93-618, enacted 3 January 1975
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