How do Section 301 petitions work?
After the petition is filed, the U.S. Trade Representative (USTR) has 45 days to decide whether to initiate an investigation. In the case of a petition alleging an “unreasonable” practice (instead of a trade agreement violation), USTR can refuse to investigate only if it finds that: 1) the country is not engaged in unreasonable practices; 2) these unreasonable practices do not burden U.S. commerce; or 3) action by USTR to address these practices would not be “appropriate.” If USTR does initiate an investigation, it has one year to complete it and to decide what action, if any, to take against the country in question. Q: What action does Section 301 authorize to remedy unfair trade practices? Section 301 authorizes USTR to suspend benefits under a trade agreement, impose duties or other restrictions on imports, enter into a binding agreement with the country to end its unfair trade practices, and take all other “appropriate and feasible” action to eliminate the unfair trade practices at
