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U.S. Opens Section 301 Probe Into China’s Phase One Compliance Ahead of TrumpXi Talks

The inquiry creates a new legal pathway for tariffs as the Supreme Court prepares to review the administration’s other tariff authority.

Overview

  • The U.S. Trade Representative launched a Section 301 investigation into apparent Chinese noncompliance with the 2020 Phase One deal.
  • A Federal Register notice invites public comments from Oct. 31 to Dec. 1 and sets a public hearing for Dec. 16.
  • The probe examines purchase shortfalls and policy commitments on intellectual property, forced technology transfer, agriculture and financial services.
  • Findings could support new or higher tariffs, offering an alternative basis if the Supreme Court curtails tariffs tied to emergency powers after Nov. 5 arguments.
  • The move lands just before rare‑earth and export‑control talks in Kuala Lumpur and a planned TrumpXi meeting in South Korea, with tensions elevated by recent U.S. tech restrictions and China’s rare‑earth controls.