Today the Office of the United States Trade Representative requested comments aimed at informing its development of trade policy on critical minerals and the design of a possible plurilateral trade agreement involving like-minded countries. A variety of supply-side elements are being considered with the aims of increasing domestic availability of mined, processed, and refined critical minerals; incentivizing reshoring of critical minerals production; and diversifying supply chains among allied trading partners. Central to USTR’s request is the potential for a legally binding plurilateral agreement that could include price mechanisms (e.g., minimum or reference prices) with appropriate border measures to foster stable and market-based supply. Interested parties have until March 19, 2026, to file comments via USTR.gov.
The Latest Opportunity for Engagement in Evolving Critical Minerals Policies
Late last year, the U.S. Geological Survey expanded the list of “critical mineral commodities,” expanding coverage to 60 mineral commodities. This coincided with the announcement of frameworks for critical minerals cooperation with several countries. Thereafter, successive Executive Orders and Presidential Proclamations have highlighted the Administration’s ongoing concern with the risks posed by U.S. dependence on foreign sources of critical minerals and ongoing efforts to negotiate agreements to address related national security concerns. Following an investigation pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232), Presidential Proclamation 11001 of January 14, 2026, concurred with findings of the U.S. Department of Commerce that processed critical minerals are being imported in quantities that threaten to impair national security. Although Section 232 tariffs have not yet been imposed, the President has directed USTR and the Secretary of Commerce to pursue negotiations with trading partners to address these concerns and to consider the use of price floors in connection with those efforts.
More recently, the Administration convened a critical minerals summit with international partners, which yielded “action plans” and “strategic partnerships” with certain U.S. allies meant to coordinate critical minerals cooperation and counter Chinese market dominance. These results are complemented by various commitments with respect to critical minerals supply chains found in Reciprocal Trade Agreements negotiated over the past year between the United States and, e.g., Argentina and Malaysia.
Topics on Which USTR Seeks Comments
USTR invites comments on a wide range of subjects that could shape future policy or a plurilateral agreement, including:
- Prioritization of specific critical minerals and potential trading partners
- Price setting methods, including how target or reference prices should be calculated and adjusted
- Price adjustment mechanisms to sustain investment (e.g., tariffs, quotas, price undertakings)
- Common standards to address regulatory arbitrage among parties and non-parties
- Investment rules and screening mechanisms relevant to critical mineral supply chains
- Implementation and enforcement provisions for a potential agreement
- Coordination mechanisms among parties to respond to market changes or crises
- Reference measures (e.g., the International Tin Agreement) that might inform the design of a plurilateral agreement for critical minerals
- Legal authorities available to potential parties to implement pricing or related measures
- Other trade-related considerations to ensure sufficient supply and mitigate non-market practices
How to Submit Comments
Interested parties must submit written comments electronically through the USTR portal, using Docket Number USTR-2026-0034. Comments are due by March 19, 2026.
Preparing Supply Chains
Cassidy Levy Kent’s attorneys, economists, compliance experts, and licensed customs brokers are ready to help companies develop strategic responses to the latest changes in U.S. tariff policy and plan for potential developments. Cassidy Levy Kent has extensive experience counseling clients to plan compliant supply chains that manage tariff risks. We routinely assist with preparing and filing comments for consideration in designing U.S. trade policy. Our team’s deep familiarity with trade law and policy enables clients to adapt and stay ahead of the curve.