ITC Seeks Input on Reviving Section 338 Tariff and Import Ban Authority

The US International Trade Commission (ITC) is seeking public feedback on how to execute its responsibilities under Section 338 of the Tariff Act of 1930—a long-dormant statute authorizing retaliatory tariffs and import prohibitions against discriminatory foreign trade practices.

The agency acknowledges it currently lacks established procedures or historical precedent for carrying out these duties, according to a Morgan Lewis article.

Section 338 sat largely idle for decades. Its predecessor agency once investigated discrimination by individual countries, but the statute faded after World War II as multilateral trading rules developed. Nevertheless, Congress kept it.

No president is known to have used it to restrict trade until this summer, when Trump imposed 50% tariffs on certain Canadian products. In September, the administration announced expansions, converting some tariffs to bans.

That action fits a wider pattern of relying on many statutory tools after courts limited emergency-powers tariffs.

The notice asks how to define discriminatory and unreasonable treatment, which foreign measures count, how to collect evidence, and how to shield informants from retaliation. It also addresses whether to examine single complaints or broad patterns, what should guide recommendations to the president, and how transparent the process should be.

Comments are due by 5:15 pm ET on November 8, 2026. The article urges affected businesses to gather evidence and consider joint filings.

Enforcement trends deserve attention, because the administration is testing older trade statutes in new ways. Companies facing foreign barriers should weigh how international regulatory regimes may qualify as discrimination and whether to submit evidence.

Enterprise risk management should account for retaliation exposure when sharing sensitive information. Transactional due diligence on supply chains should now consider possible tariff or import-ban escalation.