On May 5, 2022, the U.S. International Trade Commission (ITC) announced the initiation of a general factfinding investigation that will examine the impact of tariffs on U.S. imports under section 232 of the Trade Expansion Act of 1962 and section 301 of the Trade Act of 1974 in effect as of March 15, 2022.  The ITC was directed to conduct this investigation, Economic Impact of Section 232 and 301 Tariffs on U.S. Industries, Inv. 332-591, as part of the Omnibus Appropriations Act, which was signed into law on March 15, 2022.  As a result, all currently active Section 232 national security tariffs (e.g., steel and aluminum tariffs) and the Section 301 tariffs against imports from China will be subject to review and the ITC will prepare a report on the impact of these tariffs on U.S. trade, production, and prices in the industries most affected by these tariffs.  If the tariffs change between now and the report’s submission, the analysis will only cover how the economy was affected by the tariffs that were in place as of March 2022. The ITC must submit this report to Congress by March 15, 2023.

In preparing the report, the ITC will seek public comments and hold a hearing.  Key dates for the investigation include:

  • July 6, 2022: Deadline for filing requests to appear at the public hearing.
  • July 8, 2022: Deadline for filing prehearing briefs and statements.
  • July 14, 2022: Deadline for filing electronic copies of oral hearing statements.
  • July 21, 2022: Public hearing. Information about the hearing, including how to participate or observe, will be posted on the ITC’s website no later than June 21, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.
  • August 12, 2022: Deadline for filing posthearing briefs and statements.
  • August 24, 2022: Deadline for filing all other written submissions.

Currently, because the ITC’s Office of the Secretary is accepting only electronic filings, the filing of any documents in this investigation must be made through the ITC’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted.  Procedures are available for filing confidential business information; however, while it will be considered, no confidential information will be included in the final report to Congress.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.