On May 5, the U.S. International Trade Commission (the “Commission”) announced the initiation of an investigation into the impact of tariffs on U.S. imports under Section 232 (e.g., the steel and aluminum tariffs) and Section 301 (e.g., the “China tariffs”). Companies, industry groups, and other organizations will have the opportunity to submit both public and confidential information for the Commission’s consideration.
The Commission’s investigation is the outgrowth of instructions in Congress’ March 2022 Omnibus Appropriations Act. According to the Commission’s announcement, this investigation will be broad in scope, covering “U.S. trade, production, and prices in the industries directly and most affected by these tariffs.” Notably, the Commission’s investigation will be ongoing at the same time as the U.S. Trade Representative is administering the process to possibly extend and review the Section 301 tariffs.
Parties interested in providing information for the Commission’s consideration in evaluating the impact of the tariffs may participate in the following ways: presenting public testimony at a hearing, filing pre-hearing briefs, filing post-hearing briefs, and filing other written submissions. An entity may participate in some or all of the foregoing. Briefs and written submissions may include supporting materials, as well as confidential business information. Thus, there are several opportunities for interested parties to contribute important information that otherwise may not be available for the Commission to consider.
The relevant deadlines from the Commission’s announcement are set forth below:
- July 6, 2022: Deadline for filing requests to appear at the public hearing.
- July 8, 2022: Deadline for filing pre-hearing briefs and statements.
- July 14, 2022: Deadline for filing electronic copies of oral hearing statements.
- July 21, 2022: Public hearing.
- August 12, 2022: Deadline for filing post-hearing briefs and statements, addressing matters raised at the hearing.
- August 24, 2022: Deadline for filing all other written submissions.
Ultimately, the Commission aims to finalize its report — which will be made public — by March 15, 2023.
CLK continues to monitor these developments, and is prepared to advise parties on this process as appropriate.