US investigation into 'unfair' trade practices looms with new tariff risks to Korea

U.S. President Donald Trump speaks during a press briefing at the White House in Washington, D.C., Friday. UPI-Yonhap

By Lee Min-hyung

• Published Feb 23, 2026 3:41 PM KST
• Updated Feb 23, 2026 3:43 PM KST

Regulations on platform firms may be subject to Section 301 probe

Korea faces renewed trade tensions with the United States, as the world’s largest economy signals the possibility of investigating trading partners' "unfair" practices to justify its imposition of additional tariffs on Seoul’s key export items.

The move comes as U.S. President Donald Trump seeks alternatives to his "reciprocal tariff policy" following constraints imposed by the country’s Supreme Court. Trump invoked Section 122 of the Trade Act to impose a new global tariff rate of 15 percent, which can remain in effect for up to 150 days but requires congressional authorization to extend past that point.

U.S. Trade Representative (USTR) Jamieson Greer said in an interview with ABC on Sunday (local time) that there are other methods of imposing tariffs after those declared under Section 122, including investigating trading partners for violations of trade rights or threats to national security under Section 301 of the Trade Act or Section 232 of the Trade Expansion Act.

With Section 232 already providing grounds for Washington's item-specific tariffs on Korean automobile and steel exports, industry officials have expressed greater concern over potential Section 301 investigations.

Section 301 allows the Trump administration to impose tariffs or other trade sanctions following an investigation into what it deems unfair trade practices by other countries. The USTR has already initiated Section 301 investigations into China and Brazil.

"As the U.S. declared its plan to impose tariffs on other countries' unfair trade practices through Section 301 ... the U.S. is expected to continue its aggressive tariff policy through various alternative measures (despite the Supreme Court ruling)," Industry Minister Kim Jung-kwan said Monday at a meeting with government and private-sector officials.

As to the possibility of Korea being included in a Section 301 investigation, Kim said, "We are not prejudging (the possibility) ... We need to manage various trade issues so that Korea does not become a target."

Potential targets of the U.S. probe include Korea’s proposed regulation targeting dominant online platform firms. The U.S. considers the regulation a major trade barrier, as U.S.-based tech firms may be adversely affected by the regulation.

The U.S. may also take issue with Korea’s continued refusal to transfer 1:5,000-scale high-precision map data to Google’s overseas data centers. Korea rejected requests for the data in 2007 and 2016. Last year, Google submitted its third request to Korea’s land ministry, and the government remains undecided on whether to grant approval this time.

Seoul’s investigation into Coupang, a U.S.-based e-commerce firm dealing with a massive data breach scandal that erupted here last year, is also seen as a possible target for the U.S. investigation, as Washington has expressed concerns over the probe into the firm.

Coupang’s interim CEO Harold Rogers was grilled by lawmakers here and questioned twice by police, leading the U.S. to characterize it as a “targeted investigation” of the company.

The core risk lies in the structural flexibility of Section 301. The rationale for imposing tariffs does not have to match the products ultimately targeted.

Washington launched a Section 301 investigation into Beijing during the first Trump administration in 2017, citing intellectual property violations and forced technology transfers.

However, the tariffs that followed extended beyond the sectors directly implicated. A wide range of consumer goods, which a subsequent World Trade Organization panel found were not sufficiently connected to the specific unfair practices identified in the investigation, were also eventually included in the tariff list.

Korea also fears facing a Section 301 investigation due to a series of unresolved trade issues. Even if the initial trigger centers on the digital platform regulation or map data policies, retaliatory tariffs could target broader sectors, such as Korea’s vehicle and IT exports.

In January, Trump warned he was considering reinstating a 25 percent tariff on Korean imports, up from the previously agreed 15 percent, complaining that Korea had not yet passed legislation regarding its investment commitments to the U.S.

Industry officials said they have no choice but to carefully monitor the escalating trade uncertainty.

"The U.S. tariff policies have constantly changed since Trump's inauguration, so we have to keep monitoring any possible policy changes and respond to them in real time," an official from a conglomerate here said.