In accordance with a formal request from the Office of the U.S. Trade Representative (see Update of October 5, 2020), the U.S. International Trade Commission (USITC) has initiated a Section 201 global safeguard investigation “to determine whether fresh, chilled or frozen blueberries are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article.” Under Section 201 of the Trade Act of 1974, domestic industries seriously injured or threatened by increased imports may seek import relief from the USITC. In a Section 201 investigation, no determination of unfair trade practices is required; instead, a determination of injury or threatened injury must be “serious,” showing that the increased imports are a “substantial cause” of injury or threatened injury.

For this Section 201 blueberry investigation, the USITC has designated the proceeding as “extraordinarily complicated,” allowing it more time to conduct the investigation and collect data and other information from a large number of firms involved in the domestic production, processing and/or marketing of blueberries. Interested parties planning to participate in the investigation must file an entry of appearance with the USITC Secretary no later than 21 days after publication of this notice in the Federal Register. (NOTE: The October 6, 2020 initiation notice has not yet been published but is available from the USITC website.) The key dates currently for this investigation are:

  • December 17, 2020 – Approximate date of USITC Prehearing Report
  • December 29, 2020 – Prehearing briefs due on injury
  • December 30, 2020 – Submission of request for all parties and nonparties to appear at hearing on injury
  • January 11, 2021 – All parties and nonparties seeking to appear at the hearings and make oral presentations must participate in injury prehearing conference and provide a copy of their oral statement
  • January 12, 2021 – Hearing on injury
  • January 19, 2021 – Posthearing briefs due on injury
  • February 3, 2021 – Approximate date of staff report on injury submitted to the Commissioners
  • February 11, 2021 – Approximate date of USITC vote on injury
  • February 18, 2021 – Prehearing briefs due on remedy
  • February 19, 2021 – Submission of request for all parties and nonparties to appear at hearing on remedy (only if there is an affirmative injury determination)
  • February 24, 2021 – All parties and nonparties seeking to appear at the hearings and make oral presentations must participate in remedy prehearing conference and provide a copy of their oral statement
  • February 25, 2021 – Hearing on remedy
  • March 3, 2021 – Posthearing briefs due on remedy
  • March 12, 2021 – Approximate date of staff report on remedy submitted to the Commissioners
  • March 19, 2021 – Approximate date of USITC vote on remedy

Thompson Hine’s International Trade attorneys and professionals will continue to monitor this investigation and provide further updates as necessary.