This month, the United States Trade Representative (USTR) announced it is seeking comments from the public and trade community on three initiatives: (i) extension of 301 exclusions; (ii) the National Trade Estimate Report on Foreign Trade Barriers, and (iii) joint Review of USMCA.
Extending 301 Exclusions
There are currently 178 effective exclusions in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. These products are exempt from additional 301 duties. USTR has extended these exclusions several times, including a recent 90-day extension through November 29, 2025. USTR is seeking public comment on whether any of the 178 effective exclusions warrant further extension beyond November 29, 2025.
Comments are due October 16, 2025.
National Trade Estimate Report
Each year, USTR publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR is seeking input to assist it in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment.
Commenters should submit information related to one or more of the following categories of foreign trade barriers:
- Import policies
- Technical barriers to trade
- Sanitary and phytosanitary measures
- Government procurement
- Intellectual property protection
- Services
- Investment
- Subsidies
- Anticompetitive practices
- State-owned enterprises
- Other non-market policies and practices
- Labor
- Environment
- Other barriers
Comments are due October 30, 2025.
Joint Review of USMCA
Article 34.7 of the United States Mexico Canada Agreement (USMCA) requires government representatives from the three countries to meet on the sixth anniversary of the agreement (July 1, 2026) to conduct a Joint Review of the operation of the Agreement. Ahead of this meeting, the USTR is seeking input from the public and trade community in advance of the joint review.
In particular, USTR invites comments regarding:
- Any aspect of the operation or implementation of the USMCA.
- Any issues of compliance with the Agreement.
- Recommendations for specific actions that USTR should propose ahead of the Joint Review.
- Factors affecting the investment climate in North America and in the territories of each Party
- Effectiveness of the USMCA in promoting investment that strengthens U.S. competitiveness, productivity, and technological leadership.
- Strategies for strengthening North American economic security and competitiveness.
Comments are due November 3, 2025.
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