There have been developments in The U.S. International Trade Commission (ITC) Investigation No. 332-588 on foreign-trade zones, which was initiated January 31, 2022. The U.S. Trade Representative (USTR) had requested that the investigation cover the effects of the FTZ policies and practices on U.S. firms operating in U.S. FTZs and under similar programs in Mexico and Canada. A public hearing has been scheduled for May 17, 2022, and there are many deadlines for filing requests to appear and file briefings and statements.

We understand the ITC has begun setting up TEAMS calls for next week with certain FTZ Administrators. A potential focus of the calls may be to identify firms that have similar U.S., Mexico, and Canada production facilities. All responses to the ITC should be carefully considered and recorded if possible. We understand that a written Questionnaire/Survey is being developed, by the ITC, that will be distributed at a later date.

We urge clients to contact us before discussing the details of their FTZ project with the U.S. International Trade Commission. Contact Marshall V. Miller, Linda D. King, or Brian J. Murphy with questions if you are contacted by the ITC.