On May 6, the US International Trade Commission (“USITC”) announced the initiation of an investigation under Section 332 of the Trade Act of 1930. The subject of the investigation is the tariffs imposed under Section 301 of the Trade Act of 1930 and Section 232 of the Trade Expansion Act of 1962, and their respective impact on US industries.1 The investigation provides the public with an opportunity to comment on US tariff programs, which cover steel and aluminum imports from a variety of jurisdictions and many Chinese-origin goods.
The final result of the investigation will be a report that will include “background information on the Section 232 and 301 tariffs and an overview of the tariffs that were in effect as of March 15, 2022; and an economic analysis of the impact of these tariffs on US trade, production, and prices in the industries most affected by these tariffs.”2 This report will not have a direct legal effect on the future of the Section 232 and 301 tariffs.
In order to assist in preparation of the report, the USITC seeks public input through both a public hearing and written submissions. The timeline for public submissions is as follows:
- June 21, 2022: deadline for USITC to post information on how to participate in public hearing.
- July 6, 2022: deadline for interested parties to request to appear at the USITC hearing.
- July 8, 2022: deadline for filing prehearing briefs and statements.
- July 21, 2022: USITC hosts public hearing.
- August 12, 2022: deadline for filing posthearing briefs and statements.
- August 24, 2022: deadline for interested parties to submit all other written comments to the USITC.
- March 15, 2023: USITC transmits final report to congressional committees.
Much like the 301 review process discussed elsewhere in this newsletter, this public hearing and written submission opportunity gives the public a chance to potentially influence the future of the above-mentioned Sections 232 and 301 duties.
1 United States International Trade Commission, USITC to Investigate Effects of Active Section 232 and 301 Tariffs on US Industries (May 5, 2022), https://www.usitc.gov/press_room/news_release/2022/er0505ll1927.htm.