Background

The Office of the U.S. Trade Representative is accepting through March 11 comments on unfair foreign trade practices that could be met with tariffs or other remedial actions in pursuit of reciprocal trade relations.

A Feb. 13 presidential memorandum directs USTR and other federal agencies to initiate, after April 1, “all necessary actions to investigate the harm to the United States from any non-reciprocal trade arrangements adopted by any trading partners.” Following those investigations the agencies are to submit to the president a report detailing proposed remedies in pursuit of reciprocal trade relations with each trading partner. (However, USTR notes that it may take related action before this process is completed “as warranted.”)

USTR is therefore inviting any interested party to provide information relating to any unfair trade practice by a foreign country or economy or with respect to a non-reciprocal trade arrangement. Unfair trade practices may encompass an expansive range of practices, such as policies, measures, or barriers that undermine or harm U.S. production or exports, or a failure by a country to take action to address a non-market policy or practice in a way that harms the U.S.

USTR is particularly interested in submissions related to the largest trading economies, such as G-20 countries, as well as those that have the largest trade deficits in goods with the U.S., including Argentina, Australia, Brazil, Canada, China, the European Union, India, Indonesia, Japan, Korea, Malaysia, Mexico, Russia, Saudi Arabia, South Africa, Switzerland, Taiwan, Thailand, Türkiye, the United Kingdom, and Vietnam.

Comments should include the foreign country or economy concerned, the practice or trade arrangement of concern, a brief explanation of the operation of the practice or trade arrangement, and an explanation of the impact or effect on the interested party or on U.S. interests generally. Submissions should quantify the harm or cost (including actual cost or opportunity cost) to U.S. workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.

ST&R offers a three-pronged approach to avoiding, mitigating, and/or recovering potential reciprocal tariffs and other tariffs. For more information on which of these strategies might be most effective for your business, please contact ST&R.

Click here to register for ST&R’s March 6 webinar on using the first sale rule to mitigate tariffs.

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