What kinds of unfair trade practices does Section 301 address?
The administration can take action under Section 301 if a country is: 1) denying the U.S. its rights under a trade agreement; or 2) engaging in unjustifiable, unreasonable or discriminatory acts, policies, or practices that burden or restrict U.S. commerce. An act can be found unreasonable even if it does not violate the specific rules of a trade agreement, as long as it is “unfair and inequitable.” In 1988, Congress amended the law to specify that persistent violations of internationally recognized workers’ rights – including freedom of association, the right to organize and bargain collectively, prohibitions on forced and child labor, and standards for minimum wages, hours and occupational safety and health – constitute an “unreasonable” practice that is actionable under Section 301. Q: Has Section 301 ever been used to investigate workers’ rights violations? No. The administration has never self-initiated a case on workers’ rights under Section 301, and no outside petitions have bee
