[Federal Register Volume 91, Number 143 (Tuesday, July 28, 2026)]
[Presidential Documents]
[Pages 47717-47778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15274]
Presidential Documents
Federal Register / Vol. 91 , No. 143 / Tuesday, July 28, 2026 /
Presidential Documents
[[Page 47717]]
Memorandum of July 23, 2026
Actions by the United States in the
Investigations Under Section 301 of the Trade Act of
1974 of the Acts, Policies, and Practices of 60
Economies Related to the Failure of Each Economy To
Impose and Effectively Enforce a Prohibition on the
Importation of Goods Produced With Forced Labor
Memorandum for the United States Trade Representative
On March 12, 2026, the United States Trade
Representative (Trade Representative) initiated
investigations under section 301 of the Trade Act of
1974, as amended (19 U.S.C. 2411) (section 301), into
the acts, policies, and practices of 60 economies to
examine whether any of the economies subject to these
investigations fail to prohibit or to effectively
enforce a prohibition on the importation of goods
produced wholly or in part with forced labor and
whether the failure is unreasonable or discriminatory
and burdens or restricts U.S. commerce. 91 Fed. Reg.
12884 (Initiation of Section 301 Investigations). The
economies subject to these investigations are:
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
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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
On June 2, 2026, the Trade Representative determined
that the acts, policies, and practices of each of these
economies are unreasonable and burden or restrict U.S.
commerce and thus are actionable under section
301(b)(1) (19 U.S.C. 2411(b)(1)) (Notice of
Determinations: 2026-11296; 91 Fed. Reg. 34272) (Notice
of Determinations).
As a result of these determinations, the Trade
Representative proposed to determine in each
investigation that action is appropriate under section
301 to obtain the elimination of the actionable acts,
policies, and practices, including imposing ad valorem
tariffs on all goods of each investigated economy, with
exemptions for certain goods. To obtain the elimination
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of the actionable acts, policies, and practices in each
investigation, the Trade Representative proposed
section 301 tariffs. The Trade Representative proposed
tariffs of 10 percent ad valorem on goods of economies
that: impose a forced labor import prohibition but do
not yet effectively enforce it (Canada, Ecuador, the
European Union, Indonesia, Mexico, and Pakistan); have
undertaken commitments in their respective Agreements
on Reciprocal Trade regarding forced labor import
prohibitions (Argentina, Bangladesh, Cambodia, Ecuador,
El Salvador, Guatemala, Indonesia, Malaysia, and
Taiwan); or have imposed a partial regime with the
effect of preventing the importation of certain forced
labor goods (the United Kingdom). For all other
economies whose failure to impose forced labor import
prohibitions the Trade Representative has found
actionable under section 301, the Trade Representative
proposed section 301 tariffs of 12.5 percent ad
valorem. In addition, the Trade Representative proposed
to establish a textile mechanism that would allow a
certain volume of apparel and textile imports to enter
the United States at a zero section 301 tariff rate.
The Office of the United States Trade Representative
(USTR) invited comments by interested persons on these
proposed actions and convened public hearings on July
7, 8, and 9, 2026. USTR received over 1,600 written
comments and testimony from over 100 witnesses at the
hearings.
The Trade Representative has informed me of the
substance of significant comments on the proposed
actions in each investigation and provided me his
advice on appropriate actions, including tariffs of
various rates, exemptions for certain products, and
tariff-rate quotas (TRQs) for specific types of
products for certain economies. For example, the Trade
Representative advised me that after considering the
comments and testimony received, certain products
warrant exemption from tariffs imposed in connection
with an investigation, including because of the needs
of the U.S. economy or based on the extent to which
imposing tariffs on the products will contribute to the
elimination of the acts, policies, and practices of the
economies found to be actionable in the investigations
described above. These exemptions encompass (a) raw
materials that if subject to the proposed additional
tariffs could lead to the unavailability of domestic
supply; (b) products that could cause economy-wide
disruptions if subject to the proposed additional
tariffs; (c) products that cannot be grown or produced
in sufficient quantities or at reasonable prices in the
United States or obtained from other sources; (d)
products that if exempted from these tariffs would
encourage economies that have made commitments to the
United States regarding forced labor import
prohibitions to implement those commitments or to enact
and effectively enforce a forced labor import
prohibition; or (e) articles for which these tariffs
may not contribute substantially to the elimination of
the acts, policies, and practices of the economies
found to be actionable in the investigations described
above.
The Trade Representative has also advised me that for
goods of the European Union, Japan, Korea, Switzerland,
or Taiwan, section 301 tariffs that are the net of
Most-Favored Nation (MFN) tariffs would be consistent
with their respective Agreements on Reciprocal Trade or
similar arrangements and would be appropriate to
encourage these economies to fulfill commitments
regarding forced labor import prohibitions or to enact
or effectively enforce such a prohibition.
Further, the Trade Representative has advised me that,
based on the comments and testimony received, the
establishment of TRQs on certain textile and apparel
goods is appropriate as a means to encourage the
importation by trading partners of U.S. cotton and
textile goods, in order to reduce the reliance of such
partners on inputs from other sources that are more
likely to contain forced labor inputs. Such TRQs, in
combination with other tariffs on other products of
those trading partners, are appropriate to obtain the
elimination of the acts, policies, or practices found
actionable under section 301 for those trading
partners. The Trade Representative has also
[[Page 47720]]
informed me that establishing these TRQs is not
feasible at this time, but that establishing these TRQs
will be feasible by September 1, 2026.
Finally, the Trade Representative has informed me that
following consultation with certain economies in these
investigations and publication of the Notice of
Determinations, additional economies have imposed
forced labor import prohibitions (Cambodia, Guatemala,
Honduras, India, Sri Lanka, and Trinidad and Tobago) or
undertaken commitments regarding forced labor import
prohibitions in an Agreement on Reciprocal Trade
(Jordan). As a result of these actions, the Trade
Representative has advised me that the goods of these
economies should be tariffed at the 10 percent rate to
further encourage these economies to effectively
enforce such prohibitions, and, in the case of Jordan,
to enact and effectively enforce its commitments
regarding forced labor import prohibitions.
After considering the relevant issues and factors and
weighing the relevant considerations, including this
information and advice from the Trade Representative;
the information, findings, and determinations in USTR's
Notice of Determinations; and the need to obtain the
elimination of the acts, policies, and practices of the
investigated economies found to be actionable under
section 301, it is hereby directed as follows:
Section 1. Tariffs and Exemptions. (a) Except as
otherwise provided in this memorandum, the Trade
Representative shall impose the following tariff rates
on all goods of the economy for which an act, policy,
or practice was found actionable under section 301:
(i) 10 percent tariff rate: The Trade Representative shall impose a tariff
of 10 percent on goods of Argentina, Bangladesh, Cambodia, Canada, Ecuador,
El Salvador, Guatemala, Honduras, India, Indonesia, Jordan, Malaysia,
Mexico, Pakistan, Sri Lanka, the United Kingdom, and Trinidad and Tobago.
(ii) Tariff rate of 10 percent or 12.5 percent, net of MFN rate: For a
product of the European Union or Taiwan, where such product's MFN tariff is
less than 10 percent, the Trade Representative shall impose a section 301
tariff pursuant to these investigations so that the sum of the MFN tariff
and the section 301 tariff shall be 10 percent, and where such product's
MFN tariff is greater than or equal to 10 percent, the Trade Representative
shall impose a section 301 tariff of zero. For a product of Japan, Korea,
or Switzerland, where such product's MFN tariff is less than 12.5 percent,
the Trade Representative shall impose a section 301 tariff pursuant to
these investigations so that the sum of the MFN tariff and the tariff
imposed pursuant to these investigations shall be 12.5 percent, and where
such product's MFN tariff is greater than or equal to 12.5 percent, the
Trade Representative shall impose a section 301 tariff of zero. Capping
total duties in this manner is feasible, consistent with the terms of the
Agreements on Reciprocal Trade or similar arrangements, and appropriate to
encourage these economies to fulfill commitments regarding forced labor
import prohibitions or to enact and effectively enforce such a prohibition.
(iii) 12.5 percent tariff rate: For goods of all other investigated
economies, the Trade Representative shall impose a tariff rate of 12.5
percent.
(b) The Trade Representative shall exempt from the
tariffs imposed as directed in subsection (a) of this
section the products identified in the Annex to this
memorandum for each economy for which an act, policy,
or practice was found actionable under section 301, as
the products identified constitute:
(i) raw materials that if subject to these tariffs could lead to the
unavailability of domestic supply;
(ii) products that could cause economy-wide disruptions if subject to these
tariffs;
(iii) products that cannot be grown or produced in sufficient quantities in
the United States or obtained from other sources;
[[Page 47721]]
(iv) products for which these tariffs may not be effective in obtaining the
elimination of the acts, policies, and practices of economies found to be
actionable in the investigations; or
(v) certain products of Argentina, Bangladesh, Cambodia, Ecuador, El
Salvador, the European Union, Guatemala, Indonesia, Jordan, Malaysia,
Switzerland, Taiwan, or the United Kingdom that would encourage these
economies to fulfill commitments regarding forced labor import prohibitions
or to encourage these economies to enact and effectively enforce a forced
labor import prohibition.
(c) After considering the relevant issues and
factors and weighing the relevant considerations,
including potential economic harm and efficacy of
tariffs, I determine that the products identified in
the Annex to this memorandum shall be exempted from the
tariffs directed in subsection (a) of this section, and
the Trade Representative shall direct that the
Harmonized Tariff Schedule of the United States (HTSUS)
be modified as provided in the Annex to this
memorandum. In my judgment, the tariffs directed in
subsection (a) of this section with the exemptions
described in subsection (b) of this section are
appropriate and feasible to obtain the elimination of
the acts, policies, or practices of the economies found
to be actionable under section 301.
Sec. 2. Tariff-Rate Quotas. (a) As soon as the Trade
Representative determines that it is feasible, the
Trade Representative shall:
(i) establish TRQs for Bangladesh, Cambodia, Indonesia, and Malaysia, with
an initial duration of 3 years, to encourage the importation by each of
these economies of U.S. textile goods, in order to reduce reliance on
inputs from other sources that are more likely to contain forced labor
inputs; and
(ii) structure the TRQs for Bangladesh, Cambodia, Indonesia, and Malaysia
to allow for a certain volume of specific textiles and apparel, based on
that economy's importation of U.S. inputs, to enter the United States free
of the section 301 tariffs provided for in section 1(a) of this memorandum.
(b) As soon as the Trade Representative determines
that it is feasible, the Trade Representative shall:
(i) establish TRQs for Bangladesh, Cambodia, Indonesia, and Malaysia, with
an initial duration of 3 years, to encourage the importation by each of
these economies of U.S. cotton, in order to reduce reliance on inputs from
other sources that are more likely to contain forced labor inputs; and
(ii) structure the TRQs for Bangladesh, Cambodia, Indonesia, and Malaysia
to allow for a certain volume of specific textile and apparel, based on
that economy's importation of U.S. cotton, to enter the United States free
of the section 301 tariffs provided for in section 1(a) of this memorandum.
(c) Until the Trade Representative establishes the
TRQs described in subsections (a) and (b) of this
section, the Trade Representative shall impose the
applicable section 301 tariffs provided for in section
1(a) of this memorandum (here, 10 percent) on imports
of specific textile and apparel of Bangladesh,
Cambodia, Indonesia, and Malaysia that will be covered
by the TRQs for each of those economies.
(d) The Trade Representative shall modify the HTSUS
as appropriate to implement the directives in this
section. The Trade Representative shall publish a
notice in the Federal Register regarding the
establishment and the effective date of the TRQs
directed in this section.
(e) After considering the relevant issues and
factors and weighing the relevant considerations,
including potential economic harm and efficacy of
tariffs, I determine that the actions directed in this
section are appropriate and feasible to obtain the
elimination of the applicable economies' acts,
policies, or practices found actionable under section
301.
[[Page 47722]]
Sec. 3. Additional Explanation. (a) After considering
the relevant issues and factors and weighing the
relevant considerations, including potential economic
harm and efficacy of tariffs, I determine that the
actions directed in this memorandum are appropriate and
feasible to obtain the elimination of the act, policy,
or practice of each economy found to be actionable
under section 301.
(b) In my judgment, each tariff of 10 percent on
all goods of Bangladesh, Cambodia, Indonesia, and
Malaysia, with the exemptions for certain goods as
discussed in section 1(b) of this memorandum and the
TRQs discussed in section 2 of this memorandum, is
appropriate and feasible to obtain the elimination of
the acts, policies, or practices of Bangladesh,
Cambodia, Indonesia, and Malaysia found to be
actionable under section 301.
(c) In my judgment, each tariff of the above-
described percentages on all goods of each economy
found actionable under section 301, with the exemptions
for certain goods as discussed in section 1(b) of this
memorandum, is appropriate and feasible to obtain the
elimination of the acts, policies, or practices of each
economy found to be actionable under section 301.
(d) I have considered alternatives to the actions
directed in this memorandum, such as lower tariff
rates, additional or fewer exemptions, omitting TRQs
from the responsive actions to be taken, altering the
scope of goods subject to a TRQ, negotiations without
the imposition of tariffs, action under other statutory
authority without action under section 301, and
combinations of various approaches. After considering
such alternatives, I determine that alternatives to the
actions directed in this memorandum would be less
effective and less preferable than the actions directed
in this memorandum. In my judgment, the actions
directed in this memorandum are more appropriate than
alternatives to obtain the elimination of the
economies' acts, policies, or practices found
actionable under section 301.
(e) The Trade Representative may modify or
terminate the tariffs, exemptions, or TRQs for an
economy, as appropriate and subject to my specific
direction, if any, including pursuant to section 307 of
the Trade Act of 1974 (19 U.S.C. 2417).
Sec. 4. Severability. (a) If any provision of this
memorandum or the application or implementation of any
provision of this memorandum with respect to any
individual section 301 investigation is held to be
invalid, the remainder of this memorandum, and the
application or implementation of its provisions to any
other investigation, shall not be affected.
(b) This memorandum contains separate directives
with respect to 60 separate economies. Each tariff
action directed in this memorandum is separate from
every other and imposed for the distinct purpose of
obtaining the elimination of the specific economy's
act, policy, or practice found actionable under section
301. Each tariff action directed in this memorandum is
only for the purpose of obtaining the elimination of
the specific economy's act, policy, or practice found
actionable under section 301 and not for any other
purpose. Each tariff action directed in this
memorandum, when implemented, is intended to operate
independent of each other, and the potential invalidity
of one tariff directed in this memorandum that is
implemented should not affect any other tariff directed
in this memorandum that is implemented.
(c) If the implementation of any tariff action
directed in this memorandum is held to be invalid, only
that tariff shall be treated as invalid. Any other
tariff action directed in this memorandum that is
implemented shall continue to apply.
(d) This section reflects my determination that
each tariff action directed in this memorandum that is
implemented--with any combination of exemptions or even
without any exemptions--should remain operative to
obtain the elimination of the specific economy's act,
policy, or practice found actionable under section 301.
In my judgment, each tariff action directed in this
memorandum is feasible and appropriate to obtain the
elimination
[[Page 47723]]
of the applicable economy's act, practice, or policy
found actionable under section 301.
(e) This section further reflects my intent that
each tariff action at the rates set forth in section
1(a) of this memorandum, when implemented, remain
operative and that the exemptions set forth in section
1(b) of this memorandum be operative to the maximum
extent consistent with law. If any exemption to any
tariff directed in this memorandum, when implemented,
is held to be invalid in whole or in part, only that
exemption or that part of the exemption should be
treated as invalid. The applicable tariff action
directed in this memorandum should apply to imports to
which the invalidated exemption or the invalidated part
of the exemption applied before its invalidation.
Sec. 5. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
Sec. 6. Publication. The Trade Representative is
authorized and directed to publish this memorandum in
the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, July 23, 2026
Billing code 3290-F8-P
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[FR Doc. 2026-15274
Filed 7-27-26; 11:15 am]
Billing code 7020-02-C