Growth Energy Applauds USTR Investigation into China’s Implementation of the Phase One Trade Agreement Public Hearing December 16, 2025; Public Comments DEADLINE December 23, 2025

(Growth Energy) Growth Energy, the nation’s largest biofuel trade association, issued the following statement from CEO Emily Skor today in response to the U.S. Trade Representative’s (USTR) announcement of a Section 301 investigation into China’s implementation of its commitments under the Phase One Agreement:

“The U.S. cannot stand by while its trading partners fail to live up to their commitments, particularly when farmers and rural communities across the country are facing a period of significant economic challenges. We applaud USTR for taking a closer look at China’s failure to fully deliver on its Phase One commitments. While China briefly resumed imports of U.S. ethanol immediately following the agreement, those purchases represented baseline trade levels rather meaningful increases and have since dissipated—they did not reflect the sustained market access that American producers were promised.

“For years, China’s tariffs and non-tariff barriers have prevented U.S. ethanol producers from competing in one of the world’s fastest-growing fuel markets. Growth Energy raised these concerns in our March submission to USTR regarding unfair trade practices, and we welcome USTR’s renewed focus on holding China accountable.

“Ensuring fair and reciprocal access to global markets is essential to American energy dominance, and to the strength of America’s farm economy and rural communities. We look forward to continuing to work with USTR and the Administration to restore full and fair access for U.S. biofuels in international markets.”

Excerpt from Office of the US Trade Representative: Today (October 24, 2025), United States Trade Representative Jamieson Greer announced the initiation of a Section 301 investigation of China’s implementation of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China (“Phase One Agreement”). USTR will examine whether China has fully implemented its commitments under the Phase One Agreement, the burden or restriction on U.S. commerce resulting from any non-implementation by China of its commitments, and what action, if any, should be taken in response.

“President Trump made history in his first term when he stood up for the American worker and brokered the Phase One Agreement, establishing a more fair and reciprocal trade relationship with China,” said Ambassador Greer. “The initiation of this investigation underscores the Trump Administration’s resolve to hold China to its Phase One Agreement commitments, protect American farmers, ranchers, workers, and innovators, and establish a more reciprocal trade relationship with China for the benefit of the American people.”

As explained in a formal notice, USTR is inviting public comments and will hold a hearing in connection with this investigation.

On December 13, 2019, following months of negotiations, the United States and China reached the historic and enforceable Phase One Agreement. Under the Phase One Agreement, China agreed to make structural changes to correct distortive acts, policies, and practices in the areas of intellectual property (IP), technology transfer, agriculture, and financial services, and included certain issues covered in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. Given the persistent and large bilateral U.S. trade deficit with China, the Phase One Agreement committed China to make substantial additional purchases of U.S. goods and services.

Five years following entry into force, despite repeated U.S. engagement with China to address implementation concerns, China appears not to have lived up to its commitments under the Phase One Agreement with respect to non-tariff barriers, market access issues, and purchases of U.S. goods and services.

Section 302(b) of the Trade Act of 1974, as amended (Trade Act), authorizes the Trade Representative to initiate an investigation to determine whether conduct is actionable under Section 301 of the Trade Act. Actionable conduct under Section 301(a) includes, inter alia, that the rights of the United States under any trade agreement are being denied or that an act, policy, or practice of a foreign country violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement.

To be assured of consideration, interested persons should submit written comments, requests to appear at the hearing, and a summary of the testimony, by December 1, 2025. USTR will hold a hearing in connection with this investigation on December 16, 2025.

A copy of the Federal Register Notice on the initiation of the investigation is available here.

A docket for requests to appear at the public hearing to be held in connection with this investigation will open on October 31 and be available here. READ MORE

October 31, 2025: USTR will open dockets for submission of written comments and requests to appear at the hearing.

December 1, 2025, at 11:59 p.m. EST: To be assured of consideration, submit written 2 comments by this date.

December 1, 2025, at 11:59 p.m. EST: To be assured of consideration, submit requests to appear at the hearing, along with a summary of testimony by this date.

December 16, 2025: The Section 301 Committee will convene a public hearing, beginning at 10:00 a.m, either virtually or at a location to be announced.

Seven calendar days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments. READ MORE