USTR Opens Two Section 301 Probes, Including Korea, on Forced Labor and Overproduction

The U.S. Trade Representative (USTR) announced two separate Section 301 investigations under the Trade Act, expanding pressure on foreign producers over issues that affect American workers and markets. One probe targets goods produced with forced labor, while another concerns manufacturing overproduction.

In the first action, the USTR said it is initiating a review to determine whether to prohibit imports of products made with forced labor and whether foreign governments’ actions, policies, or practices in this area are unreasonable, discriminatory, or burdensome to U.S. trade. The list of potential target countries includes Korea, the European Union, China, Japan, Canada, Australia, India, Israel, and Russia, among others in what the agency calls a broad set of trading partners.

The agency opened a public comment period, inviting written submissions through the 15th day of next month, with public hearings scheduled to begin on the 28th. This procedural timeline gives interested parties—manufacturers, exporters, labor groups, and policymakers—an opportunity to present the implications for supply chains and competitiveness.

U.S. Customs and Border Protection (CBP) personnel at the Los Angeles/Long Beach Seaport detained a shipment of women’s gloves under a September 2020 Withhold Release Order. The gloves are suspected to have been made with forced labor in China’s Xinjiang region. Federal law prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor.
Photos by Jaime Ruiz
Representative image for context; not directly related to the specific event in this article. License: Public domain. Source: Wikimedia Commons.

The second action, announced the day before, shows the administration launching a separate 301 investigation into “manufacturing overproduction” with 16 countries or economic actors, including Korea. This follows a separate, related effort that the USTR described as addressing distortions in global manufacturing capacity.

Together, these moves reflect the USTR’s broader use of Section 301 authority—traditionally employed to counter unfair trade practices—to scrutinize conditions around forced labor and to assess how overcapacity abroad may affect U.S. industry. The actions are framed as part of a broader push to protect workers, ensure fair competition, and recalibrate trade policy in response to court rulings that challenged prior tariff measures.

Executive Assistant Commissioner to Trade Brenda B. Smith hosts a press conference to announce CBP's issuance of five withhold release orders (WROs) targeting foreign companies that have been identified as using forced labor in production and mining facilities overseas at CBP headquarters in Washington, D.C., Oct. 1, 2019. CBP photo by Glenn Fawcett
Representative image for context; not directly related to the specific event in this article. License: Public domain. Source: Wikimedia Commons.

For U.S. readers, the developments matter because Korea and other partners are major suppliers in key sectors such as electronics, autos, and advanced components. Outcomes could influence import costs, product availability, and timelines for American manufacturers and consumers, as well as shape the policy environment for future trade negotiations, sanctions, or tariff adjustments.

Note the context: officials have linked the forced-labor inquiry to efforts to restore country-by-country reciprocal tariffs that were deemed invalid by a recent Supreme Court decision, signaling a broader recalibration of U.S. trade measures across partner economies.

Overall, the USTR process now involves public input and potential policy steps that could affect supply chains, pricing, and compliance obligations for U.S. companies that rely on global inputs, from consumer electronics to industrial goods.

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