USTR concluded the Section 301 investigation concerning Brazil’s acts, policies, and practices related to digital trade and electronic payment services, preferential tariffs, anti-corruption enforcement, intellectual property protection, et

A Section 301 measure is a U.S. trade action based on a USTR (Office of the United States Trade Representative) investigation into a foreign government’s acts, policies, or practices that may be unreasonable, discriminatory, or harmful to U.S. commerce. The investigation can cover subjects such as digital trade, electronic payment services, tariffs, anti-corruption enforcement, and intellectual property protection. A conclusion may lead to actions such as additional duties, changes in trade treatment, or other responses, but the official measure determines what action applies.

Importers may be affected when the measure covers goods from the named country, particular products, or specified tariff classifications. The key professional terms are country of origin, HTSUS classification (the product’s tariff code under the Harmonized Tariff Schedule of the United States), scope, and additional duty. The measure matters because a covered product may have requirements or duties beyond its ordinary customs treatment, even when the importer is not involved in the conduct investigated. Digital services or business practices discussed in the investigation may also matter to companies operating across borders, but they do not automatically mean that every imported physical product is covered.

What to check

• Read the official measure’s scope to confirm the covered country, products, HTSUS subheadings, and any exclusions.
• Classify the product under the HTSUS based on its actual material, function, and condition; obtain a binding ruling or customs-broker advice when classification is uncertain.
• Verify country of origin separately from shipping origin, because Section 301 coverage generally depends on the goods’ origin under applicable customs rules.
• Check the current tariff-line instructions and entry requirements to determine whether an additional duty, reporting instruction, or exclusion applies.
• Keep records supporting classification, origin, valuation, and any exclusion claim, and have a customs professional review unusual supply chains or product descriptions.