On January 30, 2015, the U.S. International Trade Commission launched a study on the economic effects of current U.S. trade and travel restrictions on U.S. trade with Cuba.  The study was requested in December by then-Chairman of the Senate Finance Committee Senator Ron Wyden in connection with President Obama’s announcement of a change in direction in U.S. policy toward Cuba.

In his letter requesting the study, Senator Wyden announced his intent to “gain a better understanding of the economic effects on exports of U.S. goods and services, including digitally traded goods and services, of statutory and administrative restrictions related to trade with and travel to Cuba by U.S. citizens.”  The ITC’s study, he said, “will provide a foundation for re-evaluating the current U.S. economic relationship with Cuba.”

The ITC is an independent, nonpartisan federal agency tasked with providing objective fact-finding and analyses on matters related to tariffs and trade.  It will conduct an investigation, No. 332-552, under section 332(g) of the Tariff Act of 1930, and prepare a report for the Senate Finance Committee addressing:

1.   an overview of Cuba’s imports of goods and services from, to the extent possible, 2005 to the present, including identification of major supplying countries, products, and market segments;

 2.   a description of how U.S. restrictions on trade, including those relating to export financing terms and travel to Cuba by U.S. citizens, affect Cuban imports of U.S. goods and services; and

 3.   for sectors where the impact is likely to be significant, a qualitative and, to the extent possible, quantitative estimate of U.S. exports of goods and services to Cuba, in the event that statutory, regulatory, or other trade restrictions on U.S. exports of goods and services as well as travel to Cuba by U.S. citizens are lifted.

The report will also include, to the extent possible, state-specific analysis of the impacts described above.

In connection with its investigation, the ITC plans to hold a public hearing on March 24, 2015.  Any person or entity wishing to appear at the hearing should file a request with the Secretary to the Commission no later than March 10, 2015.  The ITC will also accept written submissions through March 31, 2015.

The ITC will deliver its report to the Committee no later than September 15, 2015.  The Committee has indicated that it plans to make the report public to inform the evolving policy debate on U.S. trade with Cuba. 

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Photo of Shara Aranoff Shara Aranoff

Shara helps clients navigate trade remedies, tariffs, and customs regulations in support of their U.S. and global market strategies.

Shara is the Chair of Covington’s International Trade Practice Group, and co-leads the Customs practice.

Drawing on her 20 years of service in the…

Shara helps clients navigate trade remedies, tariffs, and customs regulations in support of their U.S. and global market strategies.

Shara is the Chair of Covington’s International Trade Practice Group, and co-leads the Customs practice.

Drawing on her 20 years of service in the U.S. government, she develops legal and public policy strategies to assist clients engaging with the U.S. International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), Congress, and the courts. In high-stakes antidumping and countervailing duty investigations, Shara helps global manufacturers, distributors, and retailers protect their access to the U.S. market. She assists technology, life sciences and manufacturing companies enforce and defend their intellectual property rights in cross-border Section 337 investigations. Chambers praises her for bringing “behind-the-curtain knowledge to the private sector” in proceedings before the ITC by leveraging her experience as a decision maker.

Shara also regularly advises clients in a wide range of industries on Customs compliance and tariff mitigation, including:

  • Providing legal opinions or seeking Customs rulings on classification, valuation, country of origin, and product marking/labelling.
  • Conducting internal compliance reviews, drafting compliance policies, and providing training.
  • Responding to CBP audits and inquiries and filing voluntary disclosures.
  • Developing strategies to reduce tariffs and take advantage of trusted trader programs.

Prior to joining the firm, Shara was a Commissioner and Chairman of the ITC, where she was a decision-maker in hundreds of Section 337, antidumping, countervailing duty, and safeguard investigations.

She previously served as Senior International Trade Counsel for Senator Max Baucus (D-MT) at the U.S. Senate Committee on Finance, where she was responsible for legislative and policy issues including Trade Promotion Authority; negotiations involving the World Trade Organization and free trade agreements; and trade remedy and customs laws. She was also an attorney-advisor in the Office of the General Counsel at the ITC, where she was lead counsel in litigation before the Court of Appeals for the Federal Circuit and the Court of International Trade.

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