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USTR and ITC to Consider Trade Impacts on COVID-19 Response

By Beau Jackson & Michael Martinich-Sauter on April 20, 2020
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The ongoing COVID-19 pandemic has impacted almost every aspect of law and public policy, and trade has certainly been no exception.  Given that the supply chains for many critical medical supplies and forms of personal protective equipment (“PPE”) run through China, it was inevitable that this impact would affect the Section 301 investigation of China brought by the United States Trade Representative (“USTR”). Late last month, USTR announced a new comment process regarding the need for relief from Section 301 tariffs for products necessary to address the COVID-19 situation.

Earlier this week, at the request of congressional leaders, the U.S. International Trade Commission (“ITC”) initiated a fact-finding investigation to identify products “related to the response to COVID-19.”  The Commission is expected to issue its report by April 30.  A product’s inclusion in the ITC report may improve the likelihood that it receives an exemption from Section 301 tariffs.

At first glance, the standards for inclusion in the ITC’s report might seem fairly straightforward, and many products—such as certain medications or PPE like surgical masks—will be uncontroversial.  But many products could present difficult line-drawing problems.  For example, the FDA has emphasized the importance of improved data collection in the supply chains for essential products.  Are handheld barcode scanners—which are essential for collecting and relaying such data in real time, and which are presently subjected to “List 4B” Section 301 tariffs—therefore “related to the response to COVID-19?”

With the April 30 report deadline fast approaching, importers and sellers may want to work quickly to make their case for inclusion on the ITC’s list.  The first written submission was filed on the Commission’s EDIS system yesterday.

Husch Blackwell continues to monitor the impact of COVID-19 on trade and will provide further updates as new information becomes available.  If you have any questions or concerns, please contact our International Trade and Supply Chain team.

Photo of Beau Jackson Beau Jackson

Beau leads Husch Blackwell’s Section 337 practice, and assists clients with a variety of other international business issues. His practice focuses on trade and intellectual property disputes, with significant experience litigating Section 337 cases before the U.S. International Trade Commission (ITC).

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Photo of Michael Martinich-Sauter Michael Martinich-Sauter

Mike is an experienced federal court litigator focusing his practice on patent and trade secret litigation. Mike represents businesses of all sizes–from startups and individuals to Fortune 500 companies–in high-stakes intellectual property litigation throughout the United States.

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  • Posted in:
    Government and Public Policy
  • Blog:
    International Trade Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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