Gresser says Section 301 does not authorize this general tariff increase

Ed GresserVice president and director for trade and global markets, Progressive Policy Institute

Progressive Policy Institute trade director Ed Gresser said Section 301 does not authorize the administration's general tariff increase. He argued that it had failed to demonstrate either the foreign policies burdening U.S. commerce or their economic harm, and therefore had no right to impose these tariffs.

“Section 301 does not authorize any general tariff increase of this sort”

Official statement

Read the official statement (opens in a new tab)Gresser says Section 301 does not authorize this general tariff increaseQuotation beginning Section 301 does not authorize

Original text

Read the original text (opens in a new tab)In re Section 301 Forced Labor Cases, Court No. 26-cv-03555-3JP: Amicus curiae brief of Ed Gresser and the Progressive Policy Institute in support of plaintiffs (ECF No. 29-2, September 11, 2026)Brief, page 19 (Conclusion)
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Credit: Tony Webster

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.

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Source and context

Official statement

Gresser says Section 301 does not authorize this general tariff increase (opens in a new tab)Quotation beginning Section 301 does not authorize

About this source

The Progressive Policy Institute announced a court brief challenging the forced-labor tariffs and quoted Gresser's objection to their statutory basis. Gresser argued that the administration had failed to show which foreign policies burden U.S. commerce or demonstrate the resulting economic harm.

Original text

In re Section 301 Forced Labor Cases, Court No. 26-cv-03555-3JP: Amicus curiae brief of Ed Gresser and the Progressive Policy Institute in support of plaintiffs (ECF No. 29-2, September 11, 2026) (opens in a new tab)Brief, page 19 (Conclusion)

About this source

The brief Gresser and PPI submitted to the Court of International Trade with their motion for leave, dated September 11, 2026; the panel deemed it filed on September 14 (ECF No. 48). It argues that USTR's June 2026 report shows neither that the 60 listed economies import goods made with forced labor nor that any such imports burden U.S. commerce, as Section 301 requires, and estimates that the tariffs will cost American goods-buyers about $100 billion a year.

Before the quotation

The Progressive Policy Institute announced a court brief challenging the forced-labor tariffs and quoted Gresser's objection to their statutory basis.

After the quotation

Gresser argued that the administration had failed to show which foreign policies burden U.S. commerce or demonstrate the resulting economic harm.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Gresser rejects the new tariffs for lack of statutory authority. His support for ending forced labor does not qualify his opposition to this tariff action.

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Gresser says Section 301 does not authorize this general tariff increase
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The Dispute Index. "Gresser says Section 301 does not authorize this general tariff increase". First published: 2026-10-01. Last updated: 2026-10-04. https://disputeindex.com/events/3985-progressive-policy-institute-trade-director-ed-gresser-said