Section 338: Making it up as they go along

USITC Seeks Comments on Implementing Section 338

Posted 9/8/26

The notice underscores the improvised character of the administration’s revival of Section 338. Only after the President used the nearly dormant statute to impose 50% duties on Canadian goods is the USITC asking how to define discriminatory conduct, gather evidence, protect confidential sources, investigate allegations, and advise the President.

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