Notice2026-05151
Initiation of Section 301 Investigations of Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor
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Published
March 17, 2026
Issuing agencies
Trade Representative, Office of United States
Abstract
The U.S. Trade Representative (Trade Representative) is initiating investigations with respect to acts, policies, and practices of the economies listed in Annex A of this notice related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor. USTR is seeking public comments in connection with these investigations and will hold public hearings.
Full Text
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<title>Federal Register, Volume 91 Issue 51 (Tuesday, March 17, 2026)</title>
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[Federal Register Volume 91, Number 51 (Tuesday, March 17, 2026)]
[Notices]
[Pages 12884-12886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05151]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Initiation of Section 301 Investigations of Acts, Policies, and
Practices of Various Economies Related to the Failure To Impose and
Effectively Enforce a Prohibition on the Importation of Goods Produced
With Forced Labor
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Notice of initiation, request for comments and notice of public
hearings.
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SUMMARY: The U.S. Trade Representative (Trade Representative) is
initiating investigations with respect to acts, policies, and practices
of the economies listed in Annex A of this notice related to the
failure to impose and effectively enforce a prohibition on the
importation of goods produced with forced labor. USTR is seeking public
comments in connection with these investigations and will hold public
hearings.
DATES:
March 12, 2026: The Trade Representative initiated the
investigation.
April 15, 2026: To be assured of consideration, submit written
comments and any requests to appear at the hearing, along with a
summary of the testimony, by this date.
April 28: The Section 301 Committee will convene public hearings in
the main hearing room of the U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, beginning at 10:00 a.m., continuing,
as necessary, until May 1.
Seven days after the last day of the public hearings: Submit post-
hearing rebuttal comments.
ADDRESSES: Submit documents in response to this notice, including
written comments, rebuttal comments, and requests to appear through
USTR's electronic portal: <a href="https://comments.ustr.gov/s/">https://comments.ustr.gov/s/</a>. The docket
number for written comments and rebuttal comments is USTR-2026-0133.
The docket number for requests to appear is USTR-2026-0134.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
comments or participating in the public hearing, contact the USTR
Section 301 support line at (202) 395-5725. For all other questions
regarding this notice, please contact Megan Grimball, Co-Chair of the
Section 301 Committee, or Associate General Counsel Benjamin Allen.
SUPPLEMENTARY INFORMATION:
I. Background
For almost 100 years, U.S. law has prohibited the importation of
goods mined, produced, or manufactured in whole or in part with forced
labor. This prohibition recognizes not only the humanitarian concerns
associated with allowing parties to profit from the suffering of others
but also foreign policy and national security concerns arising from the
exploitation of workers. Such exploitation threatens domestic producers
who must compete with foreign goods produced with an artificial cost
advantage and may harm U.S. workers and citizens through distorting
competition and the purchase of goods produced under exploitative
conditions. Ending forced labor is a key priority and an economic and
national security imperative for the United States.
Forced labor may be understood as work or service extracted from a
person under the menace of any penalty for its nonperformance and for
which the worker does not offer himself voluntarily. In addition to
U.S.
[[Page 12885]]
constitutional and statutory prohibitions against forced labor, it is
universally recognized under international law that forced labor is a
practice that should not be tolerated. For instance, the United Nations
Universal Declaration of Human Rights (1948) holds that ``[n]o one
shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.'' Further, the International
Labour Organization (ILO) Abolition of Forced Labour Convention, 1957
(No. 105) has achieved near universal ratification. Similarly, the
nearly universally ratified International Covenant on Civil and
Political Rights (1976) provides that ``[n]o one shall be required to
perform forced or compulsory labour.'' Finally, the ILO Declaration on
Fundamental Principles and Rights at Work and its Follow-up (1998), as
amended in 2022, includes the ``elimination of all forms of forced or
compulsory labour'' among its fundamental rights.
However, despite this clear and longstanding consensus, the use of
forced labor across the world continues to persist and has even
increased in recent years. The ILO estimates that as of 2021, 3.5 out
of every 1,000 people, or 28 million people, globally are in forced
labor. Moreover, it estimates that between 2016 and 2021, the number of
people in forced labor increased by 2.7 million. According to the ILO,
this increase was driven entirely by forced labor in the private
economy.
Firms using forced labor incur artificially lower labor costs, and,
as a result, are able to sell their goods at a lower price than they
would otherwise. The ILO estimates that in 2024 the profits from forced
labor in the global private economy amounted to roughly $63.9 billion
annually, with annual profits per victim of $2,113 in the agriculture
sector and $4,994 in the industry sector, the highest among sectors in
the private economy.
Forced labor taints the entire supply chain in which it exists. For
example, the U.S. Department of Labor's 2024 List of Goods Produced by
Child Labor or Forced Labor (TVPRA List) includes 134 products produced
with forced labor in particular countries. The TVPRA List includes 34
downstream goods in particular countries that are produced with inputs
that are produced with forced labor. These inputs made with forced
labor include cotton used to produce garments, textiles, thread and
yarn; critical minerals used to produce solar products or auto-parts;
fish used to produce fish oil and fish meal; and palm fruit used to
produce kernel or palm oil used in various cooking oils and biofuels.
The United States has led the way to prevent trade in goods
produced using forced labor, which are readily available in global
supply chains. For example, at present, U.S. Customs and Border
Protection has issued 54 withhold release orders and eight findings
with respect to various goods whose entry into the United States is
prohibited under the U.S. forced labor import prohibition. This data
likely understates the number of goods produced using forced labor
globally, as research on forced labor can be particularly challenging.
The United States has consistently engaged with trading partners to
prevent trade in goods produced with forced labor. In response to this
engagement, Canada, Mexico, and the European Union have adopted
measures intended to stop the importation or sale of products produced
using forced labor. More recently, in the context of ongoing U.S.
reciprocal trade agreement negotiations, several countries have
committed to adopt such measures. However, none of these countries has
adopted and effectively enforced a forced labor import prohibition to
date. Although a majority of countries prohibit forced labor as a
matter of law within their jurisdiction, such prohibitions are
insufficient to prevent firms from profiting from forced labor. In the
absence of a forced labor import prohibition that is effectively
enforced, firms can continue to source, use, and profit from imported
products produced with forced labor, even if the use of forced labor is
prohibited domestically.
The failure to prevent trade in products produced with forced labor
may negatively affect U.S. commerce. In markets without forced labor
import prohibitions, U.S. exports are required to compete with products
produced wholly or in part with forced labor, including products that
have been denied entry to the U.S. market and subsequently re-exported.
The conditions of competition may skew to favor artificially low-cost
imports produced by forced labor or incorporating forced labor inputs.
Companies that do not use or rely on imports produced with forced labor
may lose sales or revenues or even be pushed out of the marketplace.
II. Initiation of Section 301 Investigation
Section 302(b)(1)(A) of the Trade Act of 1974, as amended (Trade
Act), authorizes the Trade Representative to initiate an investigation
to determine whether an act, policy, or practice of a foreign country
is actionable under Section 301 of the Trade Act. Actionable matters
under Section 301 include acts, policies, and practices of a foreign
country that are unreasonable or discriminatory and burden or restrict
U.S. commerce. An act, policy, or practice is unreasonable if it, while
not necessarily in violation of, or inconsistent with, the
international legal rights of the United States, is otherwise unfair
and inequitable. In addition, Section 301(d)(3)(B)(iii)(III) specifies
that an act, policy, or practice is unreasonable if it constitutes a
persistent pattern of conduct that permits any form of forced or
compulsory labor.
On March 12, 2026, the Trade Representative initiated Section 301
investigations to examine whether the failure of the various economies
listed in Annex A to prohibit the importation of goods produced wholly
or in part with forced labor is unreasonable or discriminatory and
burdens or restricts U.S. commerce. Pursuant to Section 302(b)(1)(B) of
the Trade Act, USTR has consulted with appropriate advisory committees
and the inter-agency Section 301 Committee. Pursuant to Section 303(a)
of the Trade Act, USTR is requesting consultations with the governments
of the economies under investigation. Pursuant to Section 304 of the
Trade Act, USTR will determine whether the acts, policies, or practices
under investigation are actionable under Section 301. If any
determination is affirmative, the Trade Representative must determine
whether action is appropriate, and if so, what action to take.
III. Request for Public Comments
You may submit written comments on any issue covered by these
investigations. In particular, USTR invites comments regarding:
<bullet> Whether any economy subject to these investigations
maintains or is in the process of establishing a forced labor import
prohibition, and whether any such import prohibition is being
effectively enforced.
<bullet> The extent to which the failure of any economy to
establish and effectively enforce a forced labor import prohibition is
unreasonable, discriminates against U.S. goods, or constitutes a
persistent pattern of conduct that permits any form of forced or
compulsory labor.
<bullet> The extent to which the failure of any economy to
establish and effectively enforce a forced labor import prohibition has
negatively affected U.S. commerce, such as through lost U.S. exports or
economic output, lower prices for U.S. goods, or lower wages for U.S.
workers.
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<bullet> What action, if any, should be taken to address these
issues, including:
[cir] The level and scope, if any, of duties on products of any
economy subject to these investigations.
[cir] The level and scope, if any, of import restrictions on
products of any economy subject to these investigations.
<bullet> The appropriate aggregate level of trade to be covered by
any additional duties on products of any economy subject to these
investigations.
IV. Hearing Participation
The Section 301 Committee will convene public hearings on April 28,
2026, in the main hearing room of the U.S. International Trade
Commission, 500 E Street SW, Washington, DC 20436, beginning at 10:00
a.m. The hearings may continue, as necessary, until May 1. To testify
at the hearings, you must submit a request to appear using the
electronic portal at <a href="https://comments.ustr.gov/s/">https://comments.ustr.gov/s/</a>, following the
instructions in Part V below. Requests to appear must include a summary
of testimony, and may be accompanied by a prehearing submission.
Remarks at the hearings are limited to five minutes to allow for
possible questions from the Section 301 Committee. All submissions must
be in English. To be assured of consideration, USTR must receive your
request to appear and summary of the testimony by April 15, 2026.
V. Submissions Instructions
Interested persons must submit written comments, requests to appear
at the hearing, summaries of testimony, and post-hearing rebuttal
comments using the appropriate docket on the portal at <a href="https://comments.ustr.gov/s/">https://comments.ustr.gov/s/</a>. To make a submission, use the docket on the
portal entitled `Request for Comments on the Section 301 Investigation
of Acts, Policies, and Practices of Various Economies Related to the
Failure to Impose and Effectively Enforce a Prohibition on the
Importation of Goods Produced with Forced Labor,' docket number USTR-
2026-0133.
Interested persons wishing to provide testimony at the hearing must
submit a notification of intent and summary of testimony using the
docket entitled `Request to Appear at the Hearing on the Section 301
Investigations of Acts, Policies, and Practices of Various Economies
Related to the Failure to Impose and Effectively Enforce a Prohibition
on the Importation of Goods Produced with Forced Labor,' docket number
USTR-2026-0134.
You do not need to establish an account to submit comments or a
notification of intent to testify. The first screen allows you to enter
identification and contact information. Third party organizations such
as law firms, trade associations, or customs brokers should identify
the full legal name of the organization they represent and identify the
primary point of contact for the submission. Information fields are
optional. However, USTR may not consider your comment or request if
insufficient information is provided.
Fields with a gray Business Confidential Information (BCI) notation
are for BCI information that will not be made publicly available.
Fields with a green (Public) notation will be viewable by the public.
After entering the identification and contact information, you can
complete the remainder of the comment, or any portion of it, by
clicking `Next.' You may upload documents at the end of the form and
indicate whether USTR should treat the documents as business
confidential or public information. Any page containing BCI must be
clearly marked `BUSINESS CONFIDENTIAL' on the top of that page and the
submission should clearly indicate, via brackets, highlighting, or
other means, the specific information that is BCI. If you request
business confidential treatment, you must certify in writing that the
information would not customarily be released to the public. Parties
uploading attachments containing BCI also must submit a public version
of their comments. If these procedures are not sufficient to protect
BCI or otherwise protect business interests, please contact the USTR
Section 301 support line at 202.395.5725 to discuss whether alternative
arrangements are possible.
USTR will post attachments uploaded to the docket for public
inspection, except for properly designated BCI. You can view
submissions on USTR's electronic portal at <a href="https://comments.ustr.gov/s/">https://comments.ustr.gov/s/</a>.
Jennifer Thornton,
General Counsel, Office of the United States Trade Representative.
Annex A
Economies subject to these investigations:
1. Algeria
2. Angola
3. Argentina
4. Australia
5. The Bahamas
6. Bahrain
7. Bangladesh
8. Brazil
9. Cambodia
10. Canada
11. Chile
12. China, People's Republic of
13. Colombia
14. Costa Rica
15. Dominican Republic
16. Ecuador
17. Egypt
18. El Salvador
19. European Union
20. Guatemala
21. Guyana
22. Honduras
23. Hong Kong, China
24. India
25. Indonesia
26. Iraq
27. Israel
28. Japan
29. Jordan
30. Kazakhstan
31. Kuwait
32. Libya
33. Malaysia
34. Mexico
35. Morocco
36. New Zealand
37. Nicaragua
38. Nigeria
39. Norway
40. Oman
41. Pakistan
42. Peru
43. Philippines
44. Qatar
45. Russia
46. Saudi Arabia
47. Singapore
48. South Africa
49. South Korea
50. Sri Lanka
51. Switzerland
52. Taiwan
53. Thailand
54. Trinidad and Tobago
55. T[uuml]rkiye
56. United Arab Emirates
57. United Kingdom
58. Uruguay
59. Venezuela
60. Vietnam
[FR Doc. 2026-05151 Filed 3-16-26; 8:45 am]
BILLING CODE 3390-F4-P
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</html>Indexed from Federal Register on March 17, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.