ITC to Investigate COVID-19 Supply Chain Shortages

August 24, 2020

On August 21, 2020, the U.S. International Trade Commission (ITC or Commission) announced it will investigate supply chain challenges created by the COVID-19 epidemic. In response to a request from the U.S. House Ways and Means and U.S. Senate Finance Committees, the Commission will issue a report that provides information on critical U.S. industries producing COVID-related goods, including (but not limited to) medical devices, personal protective equipment, pharmaceuticals and case studies on key products such as N95 respirators, ventilators, vaccines, and COVID-19 test kits. This is the Commission’s second probe into COVID-19 related goods, and should help to strengthen domestic supply chains.

As part of the investigation, the Commission is specifically seeking information on supply chain challenges and constraints, including

  • Information on factors affecting domestic production, including, to the extent practicable, regulatory requirements that may impact entry into the market; and
  • Information on foreign trade barriers and restrictions and other factors that may affect U.S. imports of finished goods or inputs needed for domestic production.

The Commission is holding a public hearing in connection with the investigation beginning at 9:30 a.m. on September 23, 2020. Requests to appear at the hearing are due September 11, 2020.  Written comments are due by 5:15 p.m., October 2, 2020. Wiley Rein LLP is well-positioned to assist domestic producers of COVID-related products to participate in either process.

Nicole Hager, a Law Clerk at Wiley Rein LLP, contributed to this article.

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