At the request of the US Senate Finance Committee, the US International Trade Commission (“ITC”) is investigating the trade and economic effects of foreign censorship practices on US businesses under Section 332 of the Trade Act of 1930 (“Section 332”).

A Section 332 investigation is only a fact-finding investigation, and does not itself lead to the imposition of tariffs or other trade restrictive measures.  However, if the ITC concludes at the end of an investigation that certain policies have burdened or restricted US commerce, the ITC’s conclusions could be used as the basis for further trade action, such as under Section 301 of the Trade Act of 1974, which could result in the imposition of restrictions on trade.


Continue Reading The Trade and Economic Effects of Foreign Censorship Studied by the US International Trade Commission

Economists from the Federal Reserve Bank of New York recently published a report analyzing the US-China trade deficit after the imposition of Section 301 tariffs on imports from China in 2018. They concluded that the trade deficit narrowed, but attributed a significant part of this narrowing to duty evasion on the part of Chinese exporters

On January 15, 2021, the Office of the United States Trade Representative (“USTR”) published a report detailing the findings of its investigation under Section 301 of the Trade Act of 1974 (“Section 301”) into Vietnam’s currency policies. The report concludes that “Vietnam’s acts, policies, and practices with respect to currency valuation, including excessive foreign exchange market interventions and other related actions, taken in their totality, are unreasonable and burden or restrict U.S. commerce.”  Although such findings permit USTR to adopt measures, such as tariffs, in response to Vietnam’s policies, USTR has declined to take such action at this time.

Continue Reading USTR Finds Vietnam’s Currency Undervaluation To Be Unreasonable And Burden Or Restrict U.S. Commerce, But Delays Responsive Action

The Office of the United States Trade Representative (USTR) has initiated investigations on two trade-related issues with respect to Vietnam under Section 301 of the Trade Act of 1974 (Section 301). The investigations, which were announced on October 2, 2020, will cover Vietnam’s acts, policies, and practices related to (1) the import and use of