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

Visit original source

ThinkTankWeekly provides a curated entry and summary only. Full text and PDF remain on the publisher's website.

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。

Related Entries

  1. 1.
    2026-09-18 | economy | 2026-W38 | Topics: United States

    The article argues that the Federal Reserve's recent rate hike decision, while justifiable on inflation grounds, highlights a critical lack of an underlying, transparent policy framework. The core problem is that the Fed's decisions appear discretionary, leading to market uncertainty because the committee's judgment, rather than clear data, dictates policy shifts. The author proposes that the Fed adopt a formal monetary policy rule—an algebraic formula linking the target rate to indicators like inflation and unemployment—to replace subjective guidance. Implementing such a rule would provide market predictability, enhance transparency, and shield the Fed from political attacks by making deviations from the standard easily quantifiable.

    Read at CATO

  2. 2.
    2026-09-18 | health | 2026-W38 | Topics: AI, China, United States

    The ongoing Ebola outbreak in the DRC serves as a critical warning that the global health security system is fundamentally unprepared for future biological threats. The difficulty in containing this outbreak is compounded by the rising risk of emerging pathogens and the growing potential for AI misuse in bioweapon development. Policy must therefore shift from reactive, crisis-driven funding to sustained, proactive investment in resilient public health infrastructure, particularly in conflict zones. Addressing this requires strengthening global surveillance, ensuring consistent international cooperation, and mitigating the intersection of conflict, climate change, and disease spread.

    Read at Foreign Affairs

  3. 3.
    2026-09-18 | health | 2026-W38 | Topics: AI, Indo-Pacific, United States

    Despite MOUD being the standard of care for opioid use disorder, access remains severely limited in Community Mental Health Centers (CMHCs), which serve the primary population with co-occurring disorders. A Design Lab pilot identified payment limitations and regulatory complexity as the chief barriers to implementation. The most feasible and high-impact strategy identified was establishing a structured learning exchange between CMHC leaders and insurers to improve reimbursement understanding. Policymakers and payers are therefore advised to pilot this learning exchange model to initiate broader payment reform and expand evidence-based care for this vulnerable population.

    Read at RAND

  4. 4.
    2026-09-18 | defense | 2026-W38 | Topics: Europe, Middle East, NATO, Nuclear, Russia, Ukraine, United States

    The article argues that modern conflicts are increasingly defined by attrition, driven by three strategic gaps: the difference between nominal military power and usable capacity; the difficulty of achieving breakthroughs in a technologically advanced battlefield; and the detachment of military means from clear political objectives. Evidence from Ukraine and the Middle East demonstrates that sustained logistics, rapid technological adaptation, and proxy networks are now more decisive than sheer military size. For policymakers, this implies a strategic shift away from seeking short, decisive victories toward preparing for prolonged, high-cost engagements, requiring a focus on sustainable supply chains and defining concrete, attainable political end-states.

    Read at Foreign Affairs

  5. 5.
    2026-09-18 | economy | 2026-W38 | Topics: China, Middle East, Russia, Trade, Ukraine, United States

    Congress has significantly expanded presidential tariff authority by passing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, allowing the executive to impose up to 100% tariffs on key buyers of Russian energy and sanctions enablers. The article argues that this legislation represents a dangerous abdication of Congress's Article I authority, as it grants the executive vast, discretionary power without specifying criteria for enforcement. Historically, the executive could claim tariffs were its own doing; however, by writing and passing this new authority, Congress now owns the resulting trade policy and its economic consequences. This shift implies that future tariffs will be viewed by the public as a direct legislative action, potentially undermining the administration's credibility and creating political vulnerability.

    Read at CATO