Background

The Office of the U.S. Trade Representative initiated March 12 Section 301 investigations of the alleged failure of the following trading partners to impose and effectively enforce a ban on the importation of goods produced with forced labor: Algeria, Angola, Argentina, Australia, the Bahamas, Bahrain, Bangladesh, Brazil, Cambodia, Canada, Chile, China, Colombia, Costa Rica, the Dominican Republic, Ecuador, Egypt, El Salvador, the European Union, Guatemala, Guyana, Honduras, Hong Kong, India, Indonesia, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Libya, Malaysia, Mexico, Morocco, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Peru, the Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Sri Lanka, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Türkiye, the United Arab Emirates, the United Kingdom, Uruguay, Venezuela, and Vietnam.

USTR acknowledges that Canada, Mexico, and the EU have adopted measures intended to stop the importation or sale of products produced using forced labor and that several other countries have committed to adopt such measures in the context of negotiations on reciprocal trade agreements with the U.S. “However, none of these countries has adopted and effectively enforced a forced labor import prohibition to date,” USTR asserts. “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.”

USTR will hold hearings in connection with these investigations on April 28. Written comments and requests to appear at the hearing are due by April 15.

Some of the trading partners identified above are also subject to separate Section 301 investigations relating to structural excess capacity and production in manufacturing sectors. Both sets of investigations could result in the imposition of additional tariffs or other measures against imports from some or all of the affected trading partners.

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