USITC Seeks Comments on Implementation of 19 U.S.C 1338 (g)

Published Sept 9, 2026

Key Points

• The USITC is seeking input on how it should fulfill its responsibilities under Section 338(g) of the Tariff Act of 1930.
• Comments are due by 5:15 p.m. on November 8, 2026.
• The Commission wants information on foreign government practices that may discriminate against or burden U.S. commerce.
• The request covers discriminatory or unequal duties, fees, charges, classifications, regulations, restrictions, and prohibitions.
• The USITC is seeking input on how it should collect information from businesses and other interested parties.
• The Commission also wants feedback on confidentiality, potential disclosure, and risks that could discourage businesses from providing information.

T​​​​​​​​​​he U.S. International Trade Commission (USITC) is requesting comments on how it should implement Section 338(g) of the Tariff Act of 1930 (19 U.S.C. 1338(g)). The provision requires the Commission to identify and remain informed about certain discriminatory actions by foreign countries that burden U.S. commerce and provide the President with information and recommendations. The USITC says it does not currently have an established practice for identifying these actions, gathering relevant information, or providing the President with its findings and recommendations. The comments will help inform how the Commission carries out these responsibilities.

Comments Due November 8, 2026

Interested parties must submit written comments by 5:15 p.m. on November 8, 2026, under USITC docket MISC-053. Comments can be submitted through the Commission’s Electronic Document Information System (EDIS) or by email to Secretary@usitc.gov, with the docket number MISC-053 in the subject line.

Submissions must include the agency name and docket number MISC-053 and address the topics on which the Commission seeks information. All comments received will be posted without change on the USITC’s website, including any personal information provided.

What the USITC Wants to Know

The Commission invites comments on any or all of the following areas:

1. “Unreasonable” or “Discriminatory” Conduct

What makes foreign government conduct “unreasonable” or “discriminatory” under Section 338 in the context of international commerce?

2. How Foreign Countries Burden U.S. Commerce

The USITC seeks information on methods that may burden U.S. commerce, including:

• Unreasonable charges, regulations, or limitations on U.S.-origin articles.
• Discriminatory duties, fees, classifications, regulations, restrictions, or prohibitions that disadvantage U.S. commerce.
• Unequal burdens that benefit an industry in a third country.

3. How the Commission Should Obtain Information

The Commission wants input on how it should obtain relevant information, protect sensitive information, and address factors that may discourage public submissions, including potential foreign government reprisal.

4. How the Commission Should Analyze and Report Information

The USITC seeks input on whether to investigate specific allegations or use aggregated information, whether submitted information may support other work such as Section 332 reports, factors for recommendations to the President, and whether information about its Section 338(g) work should be made public.

5. Additional Information

The Commission invites any other information that could help it fulfill its obligations under Section 338(g).

Submission Instructions for Confidential Business Information

Any submissions containing confidential business information (CBI) must comply with Section 201.6 of the USITC’s Rules of Practice and Procedure. The cover and individual pages must clearly identify whether they are the “confidential” or “nonconfidential” version, and CBI must be identified with brackets.

Background

Section 338(g) originated as Section 317 of the Tariff Act of 1922 and became Section 338(g) under the Tariff Act of 1930. The USITC previously conducted investigations into discriminatory trade practices, but the Commission says it does not currently have an established practice for carrying out its Section 338(g) responsibilities.

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