Thailand Responds to U.S. Section 301 Review: Trade Negotiations, Regulatory Reforms and Business Implications
The United States has conducted a trade investigation under Section 301 of the Trade Act of 1974 into approximately 60 trading partners, including Thailand, concerning whether goods produced using forced labour are entering the U.S. market. Following its preliminary determination in June 2026, the United States proposed imposing an additional 12.5% tariff on certain imports from Thailand and invited affected trading partners to submit comments on the proposed tariff rate, product coverage and potential tariff exemptions. Thailand submitted its written response by the 6 July 2026 deadline.
Following a public consultation process, the United States issued its final determination on 23 July 2026, confirming a 12.5% Section 301 tariff on imports from Thailand that are not otherwise exempt. The measures took effect on 24 July 2026.
Prior to the final determination, Thailand’s negotiating team, led by Minister of Commerce Ms. Suphajee Suthumpun, travelled to the United States from 15 to 17 July 2026 to continue discussions with U.S. officials regarding the proposed tariff rate, revisions to the tariff list, product-specific exemptions, and U.S. concerns relating to labour standards, agricultural exports and sanitary and phytosanitary (SPS) measures.*
Key Issues Under the U.S. Review
The U.S. investigation focused on two principal concerns:
- Forced labour – whether Thailand has an adequate legal and regulatory framework to prevent the use of forced labour throughout its supply chains; and
- Trade circumvention – whether goods originating in China are being routed through, or undergo only minimal processing in, Thailand before being exported to the United States.
Thailand has rejected these allegations, maintaining that the products under review are genuinely manufactured in Thailand and contain between 70% and 90% local content, with no product containing less than 60% Thai content. At the same time, the Government has sought to address U.S. concerns through both ongoing negotiations and proposed domestic regulatory reforms.
The products reportedly under review are primarily drawn from the following sectors:
- machinery;
- automotive products; and
- rubber products.
Proposed Tariff Exemptions
As part of the review, the United States proposed tariff exemptions covering 1,655 products across four categories:*
- agricultural and food products;
- electronics;
- energy and mineral products; and
- aircraft parts.
Thai exports expected to benefit include cassava products, natural rubber, hard disk drives, smartphones, integrated circuits, processed pineapple, coconut products, durian, other tropical fruits and aircraft components.
For textile products, the United States also proposed a quota-based mechanism under which reduced tariff rates would be linked to the volume of textile raw materials imported from the United States.
Thailand’s Negotiating Position
Thailand sought to reduce the proposed tariff rate from 12.5% to 10%, bringing it into line with the rate applied to certain neighboring countries that had committed to implementing stronger forced labor import prohibitions.
As part of the proposed Agreement on Reciprocal Trade (ART), Thailand also emphasized that more than 30% of its trade surplus with the United States is generated by U.S. companies operating manufacturing facilities in Thailand and exporting their products back to the U.S. market. Thailand further requested additional tariff exemptions, including for Thai jasmine rice, while explaining that higher tariffs on certain Thai exports could increase costs for U.S. consumers where comparable products cannot readily be produced domestically or sourced from alternative suppliers.
The Government also reaffirmed several key negotiating positions, including:
- maintaining Thailand’s existing beta-agonist standards for meat products; and
- preserving Thailand’s ability to maintain trade relations with all countries, including China, without accepting conditions that could undermine Thailand’s economic sovereignty.
Regulatory and Policy Developments
In parallel with the negotiations, Thailand is advancing a proposed Human Rights Due Diligence (HRDD) framework under the proposed Act on Support Business Operation with Responsibility.
If enacted, the legislation is expected to require businesses to identify, assess and manage human rights risks throughout their operations and supply chains. Depending on the final form of the legislation, businesses may also be required to implement appropriate governance measures, maintain records demonstrating compliance and strengthen supply chain traceability.
Thailand is also developing clearer procedures to verify that exported goods are manufactured without the use of forced labor. Collectively, these initiatives are intended to strengthen confidence in Thai exports, enhance supply chain transparency and align Thailand’s regulatory framework more closely with internationally recognized human rights and labor standards.
Key Takeaways
- Businesses with operations or supply chains connected to Thailand should review their supply chain governance frameworks, strengthen traceability measures and monitor further developments in Thailand’s proposed HRDD legislation.
- The United States has completed its Section 301 investigation into approximately 60 trading partners, including Thailand, concerning forced labor and supply chain enforcement.
- Thailand submitted its written comments by the 6 July 2026 deadline. The United States issued its final determination on 23 July 2026, imposing a 12.5% tariff on most Thai imports that are not otherwise exempt.
- During the consultation process, Thailand sought to reduce the proposed tariff rate to 10% and requested additional product-specific exemptions, including for Thai jasmine rice.
- The U.S. investigation has accelerated Thailand’s efforts to strengthen its human rights due diligence framework and supply chain governance.
Author: Panisa Suwanmatajarn, Managing Partner.
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