ITC Seeks Input on Reviving Dormant Trade Remedy Power

The US International Trade Commission (ITC) has opened a public comment period to guide the revival of its reporting duties under Section 338 of the Tariff Act of 1930. This follows the executive branch's recent and novel use of Section 338 to impose tariffs and import exclusions on Canadian products, alleging discriminatory trade practices against US alcoholic beverages, dairy, and motor vehicles. The statute empowers the president to retaliate against countries that burden US commerce.

Because the authority has been dormant for decades, the ITC is essentially establishing from scratch its procedures for monitoring foreign practices, gathering information, and making recommendations to the president. This proceeding presents a rare chance for stakeholders—including US exporters facing foreign barriers, importers who may bear the cost of new tariffs, and foreign entities—to shape how this powerful trade tool will be defined and deployed. The ITC is seeking input on what constitutes "unreasonable" conduct and on procedural questions, including how to protect confidential business information and mitigate reprisal risks for parties that come forward. Comments are due by November 9, 2026.