USTR Requests Comments on Unfair and Non-Reciprocal Trade Practices

Wiley Rein LLP

As a follow-up to President Trump’s recently announced “Fair and Reciprocal Plan” for implementing reciprocal tariffs, and according to a draft notice recently published on its website, the Office of the U.S. Trade Representative (USTR) is now accepting public comments on unfair trade practices and non-reciprocal arrangements pursuant to the America First Trade Policy Presidential Memorandum and the Presidential Memorandum on Reciprocal Trade and Tariffs. The deadline to comment is March 11, 2025.

According to the notice, which will be published in the Federal Register on Tuesday, February 25, USTR is seeking input on unfair trade practices on a country-by-country basis, including on “policies, measures, or barriers that undermine or harm U.S. production, or exports, or a failure by a country to take action to address a non-market policy or practice in a way which harms the United States.” USTR is prioritizing major trading economies, particularly G20 nations, and those with significant trade deficits with the United States, listing 21 economies including Australia, Brazil, Canada, China, the European Union, Mexico, the United Kingdom, and Vietnam.

Submissions will inform:

  1. A report due April 1, 2025, regarding unfair foreign trade practices, as required by the January 20, 2025, America First Trade Policy Presidential Memorandum; and
  2. USTR’s initiation of actions to investigate the harm to the United States from any non-reciprocal arrangements adopted by trading partners as directed in the February 13, 2025 Presidential Memorandum on Reciprocal Trade and Tariffs.

USTR intends for the public’s submissions to assist the agency in identifying any unfair and non-reciprocal trade practices and recommending appropriate actions to remedy them. That said, the notice specifies that USTR may also take action in advance of submissions, as warranted. This request for public comment is part of broader trade policy reviews under the America First Trade Policy Presidential Memorandum, including investigations related to the United States-Mexico-Canada Agreement, and other trade and sectoral agreements.

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