The following news item was posted by the Office of the United States Trade Representative (available HERE).
WASHINGTON – The United States Trade Representative announced today that after review of a petition filed with the Office of the U.S. Trade Representative (USTR) by five national labor unions, USTR is initiating an investigation of acts, policies, and practices of the People’s Republic of China (PRC) targeting the maritime, logistics, and shipbuilding sectors for dominance.
“The petition presents serious and concerning allegations of the PRC’s longstanding efforts to dominate the maritime, logistics, and shipbuilding sectors, cataloguing the PRC’s use of unfair, non-market policies and practices to achieve those goals. The allegations reflect what we have already seen across other sectors, where the PRC utilizes a wide range of non-market policies and practices to undermine fair competition and dominate the market, both in China and globally,” said Ambassador Katherine Tai. “I pledge to undertake a full and thorough investigation into the unions’ concerns.”
As explained in a formal notice, USTR is seeking public comments and will hold a public hearing in connection with this investigation.
Background
Section 301 of the Trade Act of 1974, as amended, (Trade Act) is designed to address unfair foreign practices affecting U.S. commerce. Section 301 may be used to respond to unjustifiable, unreasonable, or discriminatory foreign government practices that burden or restrict U.S. commerce. The Section 301 provisions of the Trade Act provide a domestic procedure through which interested persons may petition the U.S. Trade Representative to investigate a foreign government act, policy, or practice and take appropriate action.
On March 12, 2024, five national labor unions filed a petition requesting an investigation into the acts, policies, and practices of the PRC targeting the maritime, logistics, and shipbuilding sectors for dominance. The five petitioner unions are:
- the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO CLC (“USW”);
- the International Association of Machinists and Aerospace Workers (“IAM”);
- the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO/CLC (“IBB”);
- the International Brotherhood of Electrical Workers (“IBEW”); and
- the Maritime Trades Department, AFL-CIO (“MTD”).
The petition was filed pursuant to Section 302(a)(1) of the Trade Act (19 U.S.C. § 2412(a)(1)), requesting action pursuant to Section 301(b) (19 U.S.C. § 2411(b)). A Section 301(b) investigation examines whether the acts, policies, or practices are unreasonable or discriminatory and burden or restrict U.S. commerce. After consideration of the petition and on the advice of the Section 301 Committee, the United States Trade Representative has initiated an investigation. The U.S. Trade Representative must seek consultations with the foreign government whose acts, policies, or practices are under investigation. USTR has requested consultations with the People’s Republic of China in connection with the investigation.
A copy of the petition is available here.
A docket for comments regarding the investigation will be available here.
A docket for requests to appear at the public hearing to be held in connection with this investigation will be available here.