USTR opens Section 301 hearings on structural excess capacity
The U.S. Trade Representative will conduct public hearings May 5–8, 2026, to examine Section 301 investigations into 16 economies' practices related to structural excess capacity and overproduction in manufacturing. The hearings, held at the U.S. International Trade Commission in Washington, DC, will be on the record with transcripts published afterward. Section 301 investigations typically precede tariff actions, making these hearings a critical opportunity for affected exporters and importers to present evidence before the U.S. determines remedies.
Photo: Nishino Minase / PexelsUSTR Opens Public Hearings on Structural Excess Capacity Section 301 Investigations
The Office of the United States Trade Representative announced on May 4, 2026, that it will conduct public hearings from May 5 through May 8, 2026, regarding Section 301 investigations into acts, policies, and practices by 16 economies relating to structural excess capacity and production in manufacturing sectors. The hearings will convene in the main hearing room of the U.S. International Trade Commission at 500 E Street SW, Washington, DC, commencing at 10:00 am ET each day.
Who is Affected and Why
Section 301 of the Trade Act of 1974 empowers the U.S. President to investigate whether foreign countries' acts, policies, or practices are unreasonable, unjustifiable, or discriminatory and burden U.S. commerce. Investigations into structural excess capacity—when governments subsidize or protect overcapacity in key manufacturing sectors—have historically led to retaliatory tariffs. The involvement of 16 economies signals a broad probe, potentially covering steelmakers, semiconductor manufacturers, automotive suppliers, and other capital-intensive industries where state support distorts global supply chains.
Exporters and importers with exposure to manufacturing in the named 16 economies, as well as U.S. downstream users of affected goods, must monitor these hearings closely. Any tariff remedies imposed under Section 301 can apply to imports regardless of their final destination within the U.S. supply chain.
Hearing Format and Submission Process
The hearings are conducted on the record, meaning all testimony and exhibits become part of the official investigation file. However, the USTR noted that external cameras and video recording will not be permitted in the hearing room, and the proceedings will not be livestreamed. A full transcript will be posted on ustr.gov after the hearings conclude, allowing stakeholders who do not attend in person to review testimony and evidence.
Affected parties—including trade associations, manufacturers, importers, and foreign governments—typically use these hearings to submit written comments, present oral testimony, and respond to questions from USTR staff and the U.S. International Trade Commission. The schedule is available on the USTR website; interested parties should consult it to identify relevant hearing dates and confirm attendance logistics.
What this means for shippers
If your supply chain touches manufacturing in any of the 16 economies under investigation, you must monitor the hearing schedule and consider submitting written comments before hearings conclude—silence invites tariffs without your input. Once hearings end, USTR typically issues preliminary findings within weeks to months; expect potential Section 301 tariff lists targeting the affected sectors by mid-to-late 2026. Review your import manifests now to identify goods likely caught in scope (steel, semiconductors, automotive parts, and machinery are common targets) and model tariff scenarios. Check /us-china-tariff-lookup to understand how prior Section 301 actions mapped to HS codes, then stress-test your landed-cost forecasts with duty assumptions of 10–50% or higher on vulnerable goods.
