The Office of the United States Trade Representative (“USTR”) has issued a Federal Register notice requesting written comments and scheduling a public hearing to inform its annual Report to Congress on the People’s Republic of China’s (“China”) compliance with obligations arising from its World Trade Organization (“WTO”) accession. This yearly exercise usually influences the administration’s broader trade, investment and enforcement posture toward China. Given the ongoing U.S.-China trade negotiations, submissions to this process also create an opportunity to get new and timely information in front of U.S. negotiators.
Companies with interests in the Chinese market, including those whose competitive landscape is shaped by Chinese trade practices, should consider participating.
Why This Matters
The China WTO Compliance Report is the single most comprehensive public assessment of China’s trade regime produced by the U.S. government. USTR routinely cites stakeholder submissions in congressional testimony, Section 301 investigations, dispute-settlement filings and bilateral negotiations. A well-crafted comment can therefore elevate company-specific concerns, shape future enforcement priorities and potentially seed legislative or regulatory initiatives.
Key Dates and Limits
Written comments, requests to testify and summaries of intended testimony must be filed no later than September 24, 2025. USTR will convene a public hearing at 9:30 a.m. (EDT) on October 7, 2025 in Washington, D.C. Testimony will be limited to five minutes and may not include business confidential information (“BCI”). Written submissions may be more extensive (30 pages) and may contain BCI. Companies may request that BCI be redacted from published materials.
Substantive Focus
USTR invites comment on all aspects of China’s WTO commitments, specifically identifying trading rights; import and export regulation; internal measures affecting trade (e.g., subsidies, technical standards, sanitary and phytosanitary measures, government procurement, trade-related investment measures, tax policies); intellectual property protection and enforcement; services market access; rule-of-law issues such as transparency and judicial review; and any other unfulfilled WTO obligations. Stakeholders are also encouraged to flag new or unresolved issues meriting heightened scrutiny. One potential area for focus is the degree to which China’s approach to IP restricts or frustrates IP rights outside of China – a recent WTO dispute has found the conduct of Chinese courts issuing anti-suit injunctions in certain IP cases to fall foul of this requirement, which has not historically been a focus of USTR.
Strategic Considerations
The notice expressly invites perspectives from small businesses, a group for which the USTR has signalled particular interest.
Although formal testimony is capped at five minutes, submission of a thorough written comment allows the filer to elaborate on commercial or systemic concerns in detail. In doing so, companies should think holistically: USTR weighs WTO-specific breaches alongside evidence relevant to ongoing domestic initiatives, such as outbound investment screening, export controls, supply-chain “decoupling” and potential future Section 301 actions. Depending on the industry, coordination with industry groups may also support effective advocacy.
A copy of the Federal Register notice is available here.
