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自从最高法院否决唐纳德·特朗普总统'的全面全球关税计划,以来，白宫一直着眼于执行特朗普'贸易战议程核心内容的替代途径。上周,公布了其中一项新途径,，美国贸易代表办公室(USTR)提议根据 1974 年贸易法第 301 条对 59 个国家和欧盟征收高达 12.5% 的新关税。
Since the Supreme Court struck down President Donald Trump的 sweeping global tariff plan, the White House has had its eyes set on alternative pathways for carrying out the centerpiece of Trump的 trade war agenda. Last week, one of these new pathways was unveiled, with the Office of the U.S. Trade Representative (USTR) proposing new tariffs of up to 12.5% on 59 countries and the European Union based around Section 301 of the Trade Act of 1974.
理由: 美国贸易代表声称, 限制强迫劳动生产的商品进口的广泛失败,。
The justification: Widespread failure, the USTR claims, to restrict the importation of goods produced by forced labor.
"我们最重要的贸易伙伴未能解决强迫劳动制造的商品进口问题，这是不可接受的,"贸易代表 Jameison Greer 在宣布关税的 X 帖子中表示。 "这造成了一种动态，美国工人被迫在不公平的竞争环境中参与全球竞争,"他写道。
"The failure of our most important trading partners to address the importation of goods made with forced labor is unacceptable," Trade Representative Jameison Greer stated in an X post announcing the tariffs. "This creates a dynamic where American workers are forced to compete globally on an unlevel playing field," he wrote.
强迫劳动是一个普遍存在的全球问题。尽管国际劳工组织 (ILO) 公约几乎得到普遍批准，禁止这种做法, 强迫劳动在整个全球供应链中仍然存在。国际劳工组织最近的估计表明，每天有 2760 万男性, 女性, 和儿童成为这种做法的受害者。大约 86% 的劳动力本身发生在私营经济,，而其余 14% 来自国家强制实行的契约奴役。
Forced labor is a pervasive global issue. Despite a near-universally ratified International Labour Organization (ILO) convention suppressing the practice, forced labor persists throughout global supply chains. Most recent ILO estimates indicate that 27.6 million men, women, and children are victims of the practice every day. Around 86% of the labor itself occurs in the private economy, while the remaining 14% results from state-imposed indentured servitude.
根据国际劳工组织,，全球每年约有 $2,360 亿的非法利润来自强迫劳动,，这些利润源于工业, 服务, 农业, 和家政工作部门的频繁使用。采矿, 采石, 制造, 和食品服务等职业产生大量非法利润,，每位受害者高达$4,944。
Approximately $236 billion in illegal profits is generated globally from forced labor every year, according to the ILO, stemming from frequent usage in industry, services, agricultural, and domestic work sectors. Occupations such as mining, quarrying, manufacturing, and food services generate substantial illegal profits, ranging up to $4,944 per victim.
U.S. legislation restricting forced labor practices is among the strictest in the world, dating back almost a century. Section 307 of the U.S. Tariff Act of 1930 marks an outright prohibition on imports made by forced labor. The UFLPA restricts imports from China的 Xinjiang Uyghur Autonomous Region under an encompassing "reputable presumption" of coerced labor.
随着时间的推移, 此类国内标准已经开始影响国际贸易政策,，包括最近的北美自由贸易协定, USMCA, 和最近的 ART，包括禁止进口强迫劳动产品的条款。这些协议本质上是多边的,，与单边 301 条款关税有明显区别。
Over time, domestic standards such as these have come to influence international trade policy, with the most recent North American free trade agreement, USMCA, and recent ARTs including provisions that ban importing forced labor goods. These agreements are multilateral in nature, a clear distinction from the unilateral Section 301 tariffs.
美国一直在努力执行自己的强迫劳动法
U.S. has struggled to enforce its own forced labor laws
美国是强迫劳动问题的焦点，因为进入该国的货物数量有问题。国土安全运营分析中心 (HSOAC), 的 2025 年报告分析了美国进口数据, 发现，美国在所有直接进口的高风险商品 ( 商品中所占的比例过大，国际劳工事务局认为这些商品在全球范围内使用强迫劳动) 生产的风险较高。 "例如，, 到 2021 年,，按价值计算，美国约占进口, 的 23%,，但仅占全球进口总额的 13%%,"。
The U.S. is a focus of forced labor concern because of the volume of goods coming into the country of questionable origin. A 2025 report from the Homeland Security Operational Analysis Center (HSOAC), which analyzed U.S. import data, found that the U.S. made up a disproportionately large share of all direct imports of at-risk goods (goods that the Bureau of International Labor Affairs believes are at an elevated risk of being produced with forced labor) globally. "In 2021, for example, the United States accounted for about 23 percent of those imports, by value, but accounted for only about 13 percent of all global imports," it stated.
美国一直在努力有效执行本国有关强迫劳动产品的法律。
The United States has struggled to effectively enforce its own laws on forced labor goods.
Recent Congressional review of Section 307 doesn't shy away from mentioning the challenges with enforcing the statute, including "fraud in the import process, the expansion of direct-to-consumer e-commerce, and limited access to technologies that enhance supply chain traceability."
国会议员 Dan Bishop 在 2023 年国会关于联邦 UFLPA 执法的听证会上指出，, 该法律生效一年多后, 新疆强迫劳动制造的商品仍在进入美国。"[ 海关和边境保护局] 对服装样本, 进行了同位素检测，发现 15% 的物品对来自新疆的棉花检测呈阳性," Bishop 在听证会上表示。
Congressman Dan Bishop noted in a 2023 Congressional hearing on federal UFLPA enforcement that, more than a year after the law took effect, goods made with forced labor in Xinjiang were still entering the U.S. "[Customs and Border Protection] conducted isotopic testing on clothing samples, and found that 15 percent of the items tested positive for cotton from Xinjiang," Bishop said at the hearing.
海关和边境保护局已做出广泛努力，以减少强迫劳动货物进入美国。CNBC 2023 年关于供应链活动的报告发现，CBP 在不到一年的时间里在纽约和新泽西港扣留了价值 249.61 亿美元的货物。根据助理港口总监爱德华·福克斯的说法，该机构, 通过一些内部机制, 来瞄准有风险的货物，包括依靠国家情报信息和"专家货物定位系统。"
Customs and Border Protection has made extensive efforts to mitigate the entry of forced labor goods into the U.S. A CNBC report from 2023 on supply chain activity found that CBP had detained $961 million worth of goods at the Port of New York and New Jersey within the span of less than a year. The agency, according to Assistant Port Director Edward Fox, targeted at-risk goods with a handful of internal mechanisms, including relying on national intelligence information and "expert cargo targeting systems."
其货物受到 CBP 审查的进口商必须在扣押后 30 天内提供确凿的证据，证明相关货物是在没有使用强迫劳动, 的情况下生产的。然而,这不是一个简单的过程,，CBP在扣留时可以一次性扣留价值数百万美元'的货物,，从而破坏了产品供应的一致性和盈利规模。再加上复杂的存储费用和法律费用，, 公司在试图证明整个采购过程中的公平劳工实践时常常发现自己面临着巨大的财政压力。
Importers whose goods come under CBP scrutiny must produce conclusive evidence that the goods in question were produced without the use of forced labor, typically within 30 days of detention. However, this is not a simple process, and millions of dollars worth of cargo can be held at a single time by CBP upon detention, disrupting the consistency of product supply and the scale of profitability. Paired with compounding storage and legal fees, companies often find themselves under immense fiscal pressure when trying to prove fair labor practices throughout their sourcing.
由于全球化生产,，很难追踪整个供应链的劳动力。主要服装或汽车制造商,（例如,）可能会从几个独立运营的中介机构采购其产品的材料。
Due to globalized production, it can be difficult to trace labor across a supply chain. A major garment or automotive manufacturer, for example, may source the materials for their product from several independently operating intermediaries.
勒克莱克指出，在生产中使用强迫劳动所带来的非法利润很大一部分来自中间商。 "生产成本与售价之间的差额被中间商视为利润。"
LeClerq noted that a large part of illegal profits attached to using forced labor in production come from the intermediaries. "The difference between production costs and the selling price is then taken in by the intermediary as profit."
This is not the only way illegal profits are derived from forced labor, LeClerq noted, but it is one that both perpetuates forced labor practices and obfuscates its existence.
他声称,的中国公司,在贸易战期间使用强迫劳动，以优惠的关税率,将廉价产品推向第二国家，然后将这些商品重新运往美国或其他市场。 "It的 财务滥用," 丹尼尔斯告诉 CNBC。
Chinese companies, he alleges, have used forced labor during the trade war to drive cheap products into secondary nations with favorable tariff rates, and then reroute those goods into the United States or into other markets. "It的 financial abuse," Daniels told CNBC.
可能会面临法律挑战
Legal challenges are likely
法律专家表示，同时对60个经济体单方面征收关税是史无前例的。过去 301 条款的应用更加细致入微,，并根据具体情况使用，以针对国际贸易政策中不同的关注领域。但自特朗普就任总统以来，他增加了对贸易法措施的使用。 2017,之前，301条款主要被用作美国在国际贸易争端中的筹码。特朗普在第一个任期, 启动了六项调查，而拜登总统仅启动了 3,，其中两项是他在任职的最后一个月开始的。
Legal experts say the unilateral imposition of tariffs against 60 economies at once is unprecedented. Past applications of Section 301 have been been more nuanced, and used on a case-specific basis to target distinct areas of concern in international trade policy. But Trump has increased use of the trade law measure since he first became president. Before 2017, Section 301 was largely used as leverage for the U.S. in international trade disputes. Trump opened six investigations in his first term, whereas President Biden launched just three, two of which he began during his last month in office.
The timeline of this USTR investigation also has come under scrutiny. Section 301 investigations are typically given a 12-month window after their initiation in which final reports should be produced. This round of investigations, broad in scope, produced findings on all 60 economies in less than three months.
时间表并不是调查中唯一引起关注的部分。法律专家还指出，美国在打击强迫劳动方面面临困难的情况下仍提出指控。
The timeline is not the only part of the investigation that has raised eyebrows. Legal experts also pointed to the fact that the U.S. allegations are being made in spite of the difficulties the U.S. has itself faced in fighting forced labor.
"我实际上对 USTR, 感觉不好，因为为了证明违反 301 条款,，它必须争论两件事," LeClerq, 说，她上周在国际经济法和政策博客上发表了一篇文章，阐述了她对 USTR 关税的问题。 "首先,它必须辩称强迫劳动产品仍在进入美国,，因为如果它不能'说,那么它就不能'说我们的生产者[受到]伤害。 [Next,] 必须证明 CBP 的工作非常有效,，才能表明'其他国家缺乏效率，使美国处于不利地位。"
"I actually kind of felt bad for USTR, because in order to show a Section 301 violation, it had to argue two things," said LeClerq, who laid out her issues with the USTR tariffs in a post for the International Economic Law and Policy Blog last week. "First, it had to argue that forced labor goods are still making it into the United States, because if it can't say that, then it can't say that our producers are [being] harmed. [Next,] it had to argue that CBP is doing a very effective job, in order to show that it的 the lack of effectiveness in other countries that places the United States at a disadvantage."
Troutman Pepper Locke 的 Ryan Last, 合伙人, 和 Daniel N. Anziska, 合伙人, 在上周的分析中写道，政府 启动第 301 条调查, " 代表着一项刻意努力，旨在为不依赖紧急权力或国会重新授权的广泛关税建立持久的, 法律上可辩护的基础。"
Ryan Last, associate, and Daniel N. Anziska, partner, at Troutman Pepper Locke wrote in an analysis last week that the administration的 initiation of Section 301 investigations, "represents a deliberate effort to establish a durable, legally defensible foundation for broad-based tariffs that does not depend on emergency powers or congressional reauthorization."
USTR will inevitably look to fall back on the language of the statute itself, which explicitly authorizes the agency to use tariffs as a retaliatory measure against forced labor practices.
But while Section 301-based tariffs hold more of a substantive legal basis than those issued under IEEPA, the way in which they were brought forth could complicate their validity.
"The novel legal theories underlying this Section 301 action — particularly the assertion that the mere absence of a foreign import prohibition constitutes an 'unreasonable practice — will likely face judicial challenge," they wrote.
"Guaranteed," LeClerq 在被问及这些 301 条款关税是否会在不久的将来最终告上法庭时表示,。
"Guaranteed," LeClerq said, when asked if these Section 301 tariffs could end up in court in the near future.
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