In our May 24, 2017, Alert, we reported that the Office of the United States Trade Representative ("USTR") had published a notice in the Federal Register requesting comments from the public regarding proposed negotiations with Mexico and Canada to modernize the North American Free Trade Agreement ("NAFTA").

In the Federal Register on June 1, 2017, the International Trade Commission ("ITC") announced Investigation Nos. TA-131-042 and TPA-105-102, requesting "Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports." The Notice also includes deadlines for filings before and after the public hearing on June 20, 2017.

The USTR has requested that the ITC prepare advice and an assessment with respect to the effects of providing duty-free treatment for imports of products currently dutiable from Canada and Mexico on industries in the United States producing like or directly competitive products, as well as on consumers. Chapters 1 through 97 of the Harmonize Tariff Schedules of the United States ("HTSUS") are subject to the ITC inquiry. The USTR requested that the advice be based upon the HTSUS in effect during 2017 and that trade data be for 2016.

In addition, the ITC was asked to report on the probable economic effects of eliminating tariffs on imports from Canada and Mexico of any agricultural products currently still subject to U.S. tariffs under NAFTA. The list of agricultural products may be found on the ITC website.

For further guidance, please refer to the Federal Register Notice.