White House spokesman Kush Desai says the United States "is using its lawful authority" under Section 301
The White HouseWhite House spokesman, in a statement quoted by the Associated Press and CBS News
In a statement given to news outlets after 25 states sued on August 3, 2026, White House spokesman Kush Desai said the United States "is using its lawful authority to obtain the elimination of unreasonable acts, policies, and practices that burden U.S. commerce." He added that a foreign country's failure to impose and effectively enforce a ban on goods made with forced labor is unreasonable and burdens U.S. commerce and must be addressed, and that Section 301 tariffs have been a legally durable tool since the President's first term.
Responding to
USTR determined on June 2, 2026 that each of 60 economies' failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor is unreasonable and burdens or restricts U.S. commerce, and on July 23, 2026, at the President's specific direction, imposed additional duties of 10% or 12.5% as the appropriate action under Section 301 to obtain the elimination of that practice.
“The United States is using its lawful authority to obtain the elimination of unreasonable acts, policies, and practices that burden U.S. commerce”
Reporting
Reporting
Where this statement fits
Are Trump's Section 301 "forced labor" tariffs a lawful remedy, or a pretext to revive struck-down global tariffs?
On July 23, 2026, U.S. Trade Representative Jamieson Greer, at President Trump's direction, imposed additional tariffs of 10% or 12.5% on imports from 60 economies under Section 301 of the Trade Act of 1974. The duties took effect July 24. USTR says each economy failed to impose and effectively enforce a ban on imports of goods made with forced labor, which it found unreasonable and a burden on U.S. commerce. Businesses and 25 states sued in the Court of International Trade. They say the forced-labor rationale is a pretext for re-creating the global tariffs the Supreme Court struck down in February, and that USTR skipped the country-by-country findings the statute requires. The Justice Department says USTR made findings for all 60 economies on a record of data, testimony and public comments. A three-judge panel heard argument on September 30, 2026. As of that date, no court had ruled on the Section 301 tariffs. The disputed question is whether the tariffs are a lawful remedy under Section 301 or a pretext to revive the struck-down global tariffs.
Source and context
Reporting
About this source
The Associated Press's report on the states' lawsuit, with the White House's response from spokesman Kush Desai. CBS News and other outlets carried the same Desai statement.
Archived copy (opens in a new tab)Reporting
About this source
CBS News's report on the states' lawsuit, with the White House's statement given to CBS. The wording differs from the Associated Press's copy of the same statement only by a comma.
Archived copy (opens in a new tab)Before the quotation
The statement answered a complaint filed that day in the Court of International Trade by 25 plaintiffs, which the Associated Press described as calling the tariffs a pretext for replacing the import taxes the Supreme Court struck down in February.
After the quotation
A States Newsroom report republished by CT Mirror on September 29 said the White House and USTR did not respond to a request for comment on the small businesses' case and that the Justice Department declined to comment on ongoing litigation. As of September 30, 2026, no court had ruled.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the Section 301 forced-labor tariffs, Desai says they rest on lawful authority and meet the statute's test, a defense of the tariffs as a proper use of Section 301. The closest competing label is Challenged the characterization, because the statement answers the states' lawsuit, but it states a position on lawfulness rather than only disputing a description.
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More from this case
Read the full caseFormer trade officials Hills, Wolff and Maruyama tell the court the administration is turning "targeted authority" into "a sweeping power"
“This case concerns the Executive Branch's attempt to transform that targeted authority into a sweeping power to impose broad, economy-wide tariffs untethered from the statute Congress enacted. The text, structure, and history of Section 301 demonstrate that Congress intended the provision to address specific foreign acts, policies, or practices identified through a meaningful investigation and supported by findings of harm to U.S. commerce.”Read statement
Justice Department brief says USTR's actions are "consistent with the text, object, and purpose of the Section 301 statute"
United States Department of Justice
“The actions that USTR has taken at the direction of the President in this case are consistent with the text, object, and purpose of the Section 301 statute, as well as with the President's firm commitment to create a level playing field for U.S. workers, producers, and exporters by conditioning access to the U.S. market on concrete action to prohibit international trade in forced labor goods. The investigations and responsive actions under Section 301 are the culmination of decades of efforts by the U.S. Government to eradicate forced labor from international supply chains. USTR followed Section 301's "demanding procedural prerequisites" when taking those actions.”Read statement
Learning Resources and six other plaintiffs say the government's determinations are "pretextual and preordained"
Learning Resources, Inc.
“To be clear, Plaintiffs do not condone reliance on forced labor or forced-labor imports. But that is not the real issue here. Defendants' pretextual and preordained determinations do not satisfy the statutory requirements of Section 301 or the applicable Administrative Procedure Act ("APA") standards. The charade must stop.”Read statement
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- White House spokesman Kush Desai says the United States "is using its lawful authority" under Section 301
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The Dispute Index. "White House spokesman Kush Desai says the United States "is using its lawful authority" under Section 301". First published: 2026-10-01. Last updated: 2026-10-01. https://disputeindex.com/events/3957-in-a-statement-given-to-news-outlets-after