ALEXANDRIA, Va.—Following the U.S. Supreme Court’s February decision, which limited the presidential authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), the President subsequently imposed a temporary import surcharge of up to 15 percent for a maximum of 150 days under Section 122 of the Trade Act of 1974. With these tariffs set to expire on July 24, 2026, the U.S. Trade Representative (USTR) announced findings from the Section 301 forced labor investigation, citing forced labor concerns across more than 60 countries, according to The Vision Council, which for the optical industry, could mean additional costs at every level of the supply chain.
“The tariff landscape continues to shift, and we know our members need clear, timely guidance to make informed decisions,” said Omar Elkhatib, director of government relations at The Vision Council in a member update. “As these new Section 301 proposals add another layer of uncertainty, we are closely monitoring these developments and will continue to provide the tools, resources, and expertise our members need to navigate what comes next.”
Unlike the existing Section 301 duties, which date back to 2018 and address deceptive and unfair trade practices, The Vision Council said these new proposed tariffs specifically target countries the USTR has determined either lack effective forced labor import prohibitions or are failing to enforce them. The newly proposed tariffs under Section 301 include the following:
- An additional 10 percent Section 301 tariff on goods that originate in the following 14 countries and regions: Argentina, Bangladesh, Cambodia, Canada, Ecuador, El Salvador, E.U., Guatemala, Indonesia, Malaysia, Mexico, Pakistan, Taiwan and the United Kingdom
- An additional 12.5 percent Section 301 tariff on goods that originate in the following 46 countries: Algeria, Angola, Australia, The Bahamas, Bahrain, Brazil, Chile, China (including Hong Kong), Colombia, Costa Rica, Dominican Republic, Egypt, Guyana, Honduras, India, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Libya, Morocco, New Zealand, Nicaragua, Nigeria, Norway, Oman, Peru, Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Sri Lanka, Switzerland, Thailand, Trinidad and Tobago, Türkiye, United Arab Emirates, Uruguay, Venezuela and Vietnam
The Vision Council noted in its member update that some exceptions exist for certain products. For example, certain textile and apparel articles subject to the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR), fruits, vegetables and spices, oil, gas and coal products, some chemicals, minerals, ores, medicines, certain aerospace products, metals in chapters 80 and 81, and certain semiconductor items are outside the scope of these new Section 301 tariffs.
The group also noted that if a good is already subject to Section 232 duties, then it will not be subject to these new Section 301 duties. So, as of now, The Vision Council advised these new Section 301 duties will not stack on top of existing Section 232 duties. No implementation date has been established yet, but the USTR has opened a public hearing and written comment period before any final determination is made.
Separately, the USTR has also announced findings from its Section 301 investigation into Brazil’s trade practices and found that they are an unreasonable burden to the U.S. economy. It then proposed an additional 25 percent tariff on a broad range of Brazilian-origin goods, excluding coffee. The Vision Council said this tariff is expected to take effect after July 15, 2026.
The USTR also has ongoing Section 301 investigations into structural overcapacity in manufacturing across several countries, which The Vision Council testified at last month, including China, the EU, Japan, South Korea, Vietnam and others. The group said it will provide updated guidance as those investigations are resolved.
The group also expects an announcement to be made soon regarding the Section 232 investigation into medical devices, which may affect optical products.
The Vision Council will host a webinar on June 15 at 2:00 p.m. ET, featuring Rick Van Arnam, Regulatory Affairs Counsel, to review the proposed Section 301 changes, outline what members should do before the comment period closes and address outstanding questions related to the IEEPA refund portal, which launched on April 20. Click here to register for the webinar.
