International Trade Commission Foreign Censorship Questionnaire | BakerHotelier

The U.S. International Trade Commission (ITC), at the request of the U.S. Senate Finance Committee, is preparing a report under Section 332(g) of the Tariff Act on the impacts of foreign censorship on business Americans. As part of the preparation of this report, the ITC is undertaking a survey of US businesses, with particular emphasis on the trade and economic effects of foreign censorship policies and practices on US businesses and their global operations. Section 332 reports are commonly requested for significant or emerging trade issues. They do not result in any type of action by ITC to provide trade relief, but rather help to inform future policymaking.

If your company has business ties with China, you may have received a questionnaire from the ITC regarding the Section 332 investigation. The ITC has the authority to undertake such investigations as part of the process. survey, and receiving a questionnaire should not be a problem. Please note, however, that ITC considers your participation in the survey to be mandatory.

ITC treats all questionnaire responses as confidential business information and will report only aggregate survey results as part of the final Section 332 report. In this case, ITC will use the responses to the questionnaire to prepare the report, Foreign Censorship Part 2: Trade and Economic Effects on US Businesses, to be presented to the Senate Finance Committee on July 5, 2022.

The questionnaire, which must be completed online using a unique questionnaire token provided in the letter received, asks a series of company-specific questions about business operations; experiences with acts, policies or practices related to censorship in China; the perceived impacts of censorship in China; the economic effects of censorship in China; and experiences of censorship-related acts, policies or practices in other markets (Africa, Asia-Pacific, Commonwealth of Independent States, Europe and the Americas).

Congress has shown growing interest in the impact of China’s censorship policies and practices on US exports, particularly in the area of ​​digital trade. The Senate Finance Committee’s request for a Section 332 inquiry reflects concerns over censorship as a potential non-tariff barrier to trade and investment in China and elsewhere. The results of the Section 332 investigation could influence the content of future trade legislation aimed at addressing this issue. The Biden administration is also likely to consider the findings of the ITC report when formulating digital trade policy as well as setting priorities for US trade law enforcement.