The Office of the U.S. Trade Representative is accepting nominations for members to serve on any of 15 Industry Trade Advisory Committees (ITACs) for a new four-year “charter term” ending in February 2026, the agency said in a notice. ITACs, under a program run jointly by USTR and the Commerce Department, “provide detailed policy and technical advice, information, and recommendations” on trade barriers, negotiation of trade agreements and the implementation of existing trade agreements affecting industry sectors,” the notice says. ITACs also “perform other advisory functions relevant to U.S. trade policy matters,” it says. There’s no deadline for applications, as the program “will accept nominations throughout the charter term,” it says.
Though the Court of International Trade ruled April 1 that the Office of the U.S. Trade Representative violated the 1946 Administrative Procedure Act when it failed in its final tariff notices to publicly connect the lists 3 and 4A Section 301 comments it received with the tariff decisions it made (see 2204010061), the three-judge panel absolved the agency of APA wrongdoing amid plaintiffs’ allegations it ran sloppy rulemakings.
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The unanimous three-judge opinion at the U.S. Court of International Trade remanding the lists 3 and 4A Section 301 tariffs to the Office of the U.S. Trade Representative on April 1 for correcting deficiencies in the agency’s Administrative Procedure Act compliance extends the current litigation at least until mid-summer. The opinion, written by Chief Judge Mark Barnett and coming two months to the day after Feb. 1 oral argument was held (see 2202010059), gives USTR 90 days, to June 30, to respond to the remand order, and orders the plaintiffs and the government to submit a joint status report 14 days after that, including a proposed schedule on “the further disposition of this litigation.”
The Office of the U.S. Trade Representative “properly exercised its authority” under the Section 307 modification provisions of the 1974 Trade Act when it ordered the imposition of the lists 3 and 4A Section 301 tariffs on Chinese imports, the Court of International Trade ruled in an April 1 opinion. Test-case plaintiffs HMTX Industries and Jasco Products, plus the more than 3,600 complaints that followed, sought to vacate the tariffs on grounds that lists 3 and 4A were unlawful without USTR launching a new Section 301 investigation.
The Court of International Trade dealt a blow to the over 3,600 lawsuits challenging Lists 3 and 4A Section 301 China tariffs covering over $200 billion in goods, finding that the U.S. Trade Representative had the authority to impose the tariffs. In the highly-anticipated opinion, the court ruled against the plaintiffs' argument that the USTR could not impose Section 301 tariffs because the government was responding to retaliatory tariffs from China.
The Office of the U.S. Trade Representative sought confidential advice from “private-sector advisory committees,” believed to be under the Industry Trade Advisory Committee (ITAC) program managed jointly by USTR and the Commerce Department, before imposing the List 3 Section 301 tariffs on Chinese imports, Stephen Vaughn, the agency’s then-general counsel, wrote then-USTR Robert Lighthizer on Sept. 17, 2018. The document was one of about a dozen “decision memos” spanning 488 pages that DOJ filed March 24 in the Section 301 litigation docket (In Re Section 301 Cases, CIT #21-00052) at the Court of International Trade as an “appendix” to oral argument held Feb. 1 (see 2202010059).
The Office of the U.S. Trade Representative is wading into “unchartered waters” if it tries extending the lists 1 and 2 Section 301 tariffs on China past their four-year expiration deadlines under the 1974 Trade Act (see 2203140004), David Olave, a Sandler Travis associate and trade policy adviser, said in an email. List 1 is due to expire July 6, List 2 only seven weeks later on Aug. 23.
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The Office of the U.S. Trade Representative announced that it has reached a compromise on a World Trade Organization intellectual property waiver for COVID-19 vaccines. According to a USTR spokesperson, no agreement on a precise text has been pinned down, but Reuters reported that the proposed agreement, the result of a compromise between the U.S., EU, India and South Africa, permits the use of "patented subject matter required for the production and supply of COVID-19 vaccines without the consent of the right holder to the extent necessary to address the COVID-19 pandemic."