On February 20, 2025, the Office of the U.S. Trade Representative (“USTR”) announced that it is seeking public comments on any unfair trade practices and non-reciprocal trade arrangements implemented by foreign trading partners. The comment period is currently open and the deadline for submitting comments is March 11, 2025.

According to the Federal Register notice, comments can be submitted through a portal accessible at https://comments.ustr.gov/s/, under docket number USTR-2025-0001. USTR will accept comments from any interested party, including businesses, individuals, and trade associations, among others. Interested parties are able to include business confidential information in their submissions, which will not appear in the public version of their comments.

USTR’s announcement also stated that the public comment process is not the only opportunity to provide information to the agency on these issues, and that USTR “welcomes ongoing engagement with and information from any interested party.”

This comment period offers a new opportunity for U.S. exporters to seek the Administration’s  potential support in eliminating foreign market access barriers. If you are interested in submitting comments to USTR as part of this process, Covington can assist in the preparation and transmission of these comments. We would also be happy to assist in crafting a broader strategy for engaging USTR and other relevant agencies on these or other trade-related issues.

Background

USTR’s launch of this public comment process follows the issuance of the “America First Trade Policy” memorandum by President Trump on his first day in office, which directed USTR to lead a review of unfair foreign trade practices and to recommend appropriate remedies. USTR also linked the comment process to President Trump’s “Reciprocal Trade and Tariffs” memorandum issued on February 13, which directed USTR and the Commerce Department to investigate “the harm to the United States from any non-reciprocal trade arrangements adopted by any trading partners” and to recommend actions in response. Covington’s alert on this memorandum is available here.

Scope of Requested Comments

USTR has invited comments on a country-by-country basis (or also on an economy-wide basis in the case of the European Union) regarding (i) “any unfair trade practice by a foreign country or economy”; or (ii) “any non-reciprocal trade arrangements.” USTR has defined unfair trade practices broadly, to include “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 has also requested that comments quantify the harm caused by such practices—ideally with a corresponding dollar amount—and to explain the underlying methodology used to calculate that figure.

USTR also noted that—while it is concerned about the practices by all trading partners—it is particularly interested in the practices of the largest trading economies (such as the G20 countries), and those countries and economies with which the United States has the largest trade deficits in goods. USTR specifically identifies as countries of interest Argentina, Australia, Brazil, Canada, China, the European Union (to include individual member states), India, Indonesia, Japan, Korea, Malaysia, Mexico, Russia, Saudi Arabia, South Africa, Switzerland, Taiwan, Thailand, Türkiye, the United Kingdom, and Vietnam—which collectively cover 88 percent of total goods trade with the United States.

Future Tariffs or Other Trade Actions

USTR’s notice emphasizes that, even though it is inviting the public to submit comments regarding unfair trade practices and non-reciprocal arrangements through March 11, it might still take action in furtherance of the America First Trade Policy memorandum or the Reciprocal Trade and Tariffs memorandum in advance of these submissions, and that other investigations USTR has been directed to complete under the America First Trade Policy memorandum—including reviews regarding the U.S.-Mexico-Canada Agreement, other free trade agreements, and China’s compliance with the “Phase One” Agreement—will proceed in parallel.

If you have any questions concerning the material discussed in this client alert, please contact the members of our Trade Policy practice.

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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:

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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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Marney Cheek has advised companies, non-governmental organizations, and governments on high-stakes international disputes and legal strategy for more than 20 years.

Marney serves as both counsel and advocate before numerous international arbitral tribunals and courts, including the International Court of Justice, U.S. federal…

Marney Cheek has advised companies, non-governmental organizations, and governments on high-stakes international disputes and legal strategy for more than 20 years.

Marney serves as both counsel and advocate before numerous international arbitral tribunals and courts, including the International Court of Justice, U.S. federal court, and major arbitral institutions such as the AAA, ICSID, PCA, and SIAC. She represents clients in complex international commercial disputes, having successfully defended a client in a $1.8 billion claim filed by a collaboration partner. Marney serves as both counsel and arbitrator in numerous investment treaty arbitrations. She is an expert on public international law and currently represents the Government of Ukraine in its landmark cases before the International Court of Justice adverse to the Russian Federation, including Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).

In addition to leading complex disputes, Marney routinely advises clients on public international law matters and issues arising under numerous multilateral treaties. Her pro bono work includes representation of Radio Free Europe/Radio Liberty, and she serves on the Steering Committee of Covington’s Wimmer Initiative, a pro bono program that focuses on protecting and advancing media freedom. She also is at the forefront of business and human rights disputes, having represented global labor unions in the first binding arbitration brought under a business and human rights compact, the Bangladesh Accord on Fire and Building Safety.

Drawing upon her experience as Associate General Counsel at the Office of the U.S. Trade Representative, Marney also routinely counsels clients on international trade matters and is a member of the roster of arbitrators for several U.S. free trade agreements.

Marney is a member of the Council on Foreign Relations and serves as a Vice President of the American Society of International Law. She is also a member of the Board of Directors of the Robert H. Jackson Center. She has previously taught investment law at Columbia University School of Law. She is recognized as an “extraordinarily thoughtful” and “creative” lawyer with a “wealth of knowledge” on international law matters in Chambers and Legal 500.

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Jay Smith is a partner in the Washington office. He joined the firm after several years as a professor of political science and international affairs, during which he specialized in international trade policy and international dispute settlement. His practice in the International and…

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Photo of Kate McNulty Kate McNulty

Kate McNulty advises U.S. and international clients on a range of complex international trade issues, dynamic U.S. and global tariff matters, and related trade compliance questions, including tariff stacking. She provides legal, policy, and strategic advice to companies, trade associations, and governments on…

Kate McNulty advises U.S. and international clients on a range of complex international trade issues, dynamic U.S. and global tariff matters, and related trade compliance questions, including tariff stacking. She provides legal, policy, and strategic advice to companies, trade associations, and governments on international economic policy matters, and assists clients in navigating geopolitical risk. She advises clients on the negotiation and enforcement of international trade agreements, including enforcement proceedings arising under the facility-specific rapid response labor mechanism of the USMCA.

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Prior to joining Covington, Kate held various positions in the U.S. government. Most recently, Kate served in the Office of Multilateral Trade Affairs at the U.S. Department of State from 2009 to 2018, where she managed trade enforcement matters for the Department—including U.S. government actions under Section 301 and Section 232—and also participated in the negotiation of international trade agreements on behalf of the U.S. government.

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