January 27, 2022
News Release 22-016
Inv. No(s). 332-585
Contact: Jennifer Andberg, 202-205-1819
Foreign Censorship Policies and Practices that Affect U.S. Businesses: USITC Releases First Report for Senate Finance Committee

The U.S. International Trade Commission (USITC) has released the first of two reports on foreign censorship policies and practices that affect U.S. businesses. 

The investigations, Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses and Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses, were requested by the Senate Committee on Finance in a letter received on April 8, 2021, modifying its earlier letter of January 4, 2021.

As requested, in the first report, the USITC, an independent, nonpartisan federal agency, identified and described various foreign censorship practices, with particular focus on examples that U.S. businesses cite as impeding trade or investment in key foreign markets.

The report includes:

  • a description of the evolution of censorship and censorship-enabling policies and practices over the past five years in six key foreign markets: China, Russia, Turkey, Vietnam, India, and Indonesia; and
  • a description of elements that entail extraterritorial censorship and the roles of governmental and nongovernmental actors in implementing and enforcing censorship policies and practices in these six key foreign markets.

Detailed information on the Commission's findings can be found in the report's Executive Summary.

Foreign Censorship, Part 1: Policies and Practices Affecting U.S. Businesses (Investigation No. 332-585, USITC publication 5244, December 2021) is available on the USITC's internet site at https://www.usitc.gov/publications/332/pub5244.pdf.

About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

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May 6, 2021
News Release 21-059
Inv. No(s). 332-585 and 332-586
Contact: Peg O'Laughlin, 202-205-1819
USITC Revises, Expands Investigation Into Effect of Foreign Censorship on U.S. Businesses

The U.S. International Trade Commission (USITC) is changing the title, scope, and schedule of its recently instituted investigation into the impact of foreign censorship on U.S. businesses.  The Commission is also instituting a second investigation related to the same topic.

The USITC, an independent, nonpartisan, factfinding federal agency, is making these changes at the request of the U.S. Senate Committee on Finance, received in a letter on April 7, 2021.  (The Committee requested the original investigation on January 4, 2021.)

First report

The Commission’s ongoing investigation, Inv. No. 332-585, is being retitled Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses. 

As requested, in its first report, the USITC will:

  • identify various foreign censorship practices, in particular any examples that U.S. businesses believe impede trade or investment in key foreign markets; and

  • provide descriptions that include, to the extent practicable, the evolution of censorship policies and practices over the past five years in key foreign markets; any elements that entail extraterritorial censorship; and the roles of governmental and non-government actors in  implementation and enforcement of the practices.

The USITC expects to transmit its first report to the Committee no later than December 30, 2021.

Second report

The USITC is instituting a second investigation, Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses, Inv. No. 332-586. 

As requested, in its second investigation, the USITC will provide an analysis of the trade and economic effects of the policies and practices identified in the first report on affected U.S. businesses and their global operations.  The analysis will include the use of survey data and, to the extent practicable, will provide information on the quantitative and qualitative impacts of the identified policies, including (where identifiable):

  • impact on employment;

  • direct costs (e.g., compliance and entry costs);

  • foregone revenue and sales;

  • self-censorship; and

  • other effects the Commission considers relevant for the Committee to know.

The USITC expects to submit its second report to the Committee by July 5, 2022.

Joint public hearing

The USITC will hold a public hearing in connection with both investigations at 9:30 a.m. on July 1, 2021.  (This hearing replaces the previously announced September 14, 2021, hearing in connection with 332-585.)  Because COVID-19 mitigation measures are in effect, the public hearing will be held via the WebEx videoconference platform.  Information about how to participate in the hearing will be posted on the Commission’s website no later than May 27, 2021, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on June 17, 2021, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

Written submissions

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission.  Submissions for the first investigation should be submitted no later than 5:15 p.m. on July 22, 2021. Submissions for the second investigation should be submitted no later than 5:15 p.m. on January 14, 2022.

All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov).  No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov),  or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigations and appropriate submissions is available in the USITC’s notice of investigation, dated May 6, 2021, which can be  downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov. 

About these investigations:  USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance.  The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated.  The Commission makes no recommendations on policy or other matters in its general factfinding reports.  Upon completion of each investigation, the USITC submits its findings and analyses to the requester.  General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

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January 26, 2021
News Release 21-011
Inv. No(s). 332-585
Contact: Peg O'Laughlin, 202-205-1819
USTIC to Investigate Effect of Foreign Censorship on U.S. Businesses

The U.S. International Trade Commission (USITC) is seeking input for a new general factfinding investigation on the effects of foreign censorship policies and practices on businesses in the United States.

The investigation, Foreign Censorship: Trade and Economic Effects on U.S. Businesses, was requested by the U.S. Senate Committee on Finance (Committee) in a letter received on January 4, 2021.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will analyze the effects of censorship policies and practices in key foreign markets on businesses in the United States. The report will:

  • identify foreign censorship policies and practices and provide examples that U.S. businesses believe impede trade or investment in key foreign markets;

  • describe these policies, including details of how they have evolved over the past 5 years, instances of extraterritorial censorship, and the roles of governmental and non-government actors in their implementation and enforcement; and

  • provide qualitative and quantitative analyses of the trade and economic effects of these policies and practices on affected U.S. businesses, with a focus on their impacts on employment, direct costs, forgone revenue and sales, and other relevant effects.

The USITC expects to transmit its report to the Committee no later than July 5, 2022.

The USITC will hold a public hearing in connection with the investigations at 9:30 a.m. on September 14, 2021. 

Information about how to participate in the hearing will be posted on the Commission’s website no later than August 3, 2021, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on August 24, 2021, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC  20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on October 1, 2021. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov).  No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov),  or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated January 26, 2021, which can be  downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov. 

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance.  The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated.  The Commission makes no recommendations on policy or other matters in its general factfinding reports.  Upon completion of each investigation, the USITC submits its findings and analyses to the requester.  General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reason.

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