ARTICLE
4 March 2026

USTR Seeks Input On A Plurilateral Critical Minerals Trade Agreement

CL
Cassidy Levy Kent

Contributor

Cassidy Levy Kent is an international law firm with offices in Washington, Ottawa, and Brussels. Our practice is focused on helping our clients address international trade and investment issues — whether they involve trade controls, trade remedy litigation, dispute settlement proceedings under the World Trade Organization (WTO) and bilateral and regional free trade agreements and investment treaties, or negotiations and other policy efforts. The lawyers at Cassidy Levy Kent have decades of experience as partners in the international trade and investment practices at some of the largest, and most prestigious, law firms in Canada, Europe, and the United States.
Today the Office of the United States Trade Representative requested comments aimed at informing its development of trade policy on critical minerals and the design of a possible plurilateral trade agreement...
United States International Law
Jonathan M. Zielinski’s articles from Cassidy Levy Kent are most popular:
  • in United States
Cassidy Levy Kent are most popular:
  • within Finance and Banking and Technology topic(s)

Today the Office of the United States Trade Representative requested comments aimed at informing its development of trade policy on critical minerals and the design of a possible plurilateral trade agreement involving like-minded countries. A variety of supply-side elements are being considered with the aims of increasing domestic availability of mined, processed, and refined critical minerals; incentivizing reshoring of critical minerals production; and diversifying supply chains among allied trading partners. Central to USTR's request is the potential for a legally binding plurilateral agreement that could include price mechanisms (e.g., minimum or reference prices) with appropriate border measures to foster stable and market-based supply. Interested parties have until March 19, 2026, to file comments via USTR.gov.

The Latest Opportunity for Engagement in Evolving Critical Minerals Policies

Late last year, the U.S. Geological Survey expanded the list of “critical mineral commodities,” expanding coverage to 60 mineral commodities. This coincided with the announcement of frameworks for critical minerals cooperation with several countries. Thereafter, successive Executive Orders and Presidential Proclamations have highlighted the Administration's ongoing concern with the risks posed by U.S. dependence on foreign sources of critical minerals and ongoing efforts to negotiate agreements to address related national security concerns. Following an investigation pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232), Presidential Proclamation 11001 of January 14, 2026, concurred with findings of the U.S. Department of Commerce that processed critical minerals are being imported in quantities that threaten to impair national security. Although Section 232 tariffs have not yet been imposed, the President has directed USTR and the Secretary of Commerce to pursue negotiations with trading partners to address these concerns and to consider the use of price floors in connection with those efforts.

More recently, the Administration convened a critical minerals summit with international partners, which yielded “action plans” and “strategic partnerships” with certain U.S. allies meant to coordinate critical minerals cooperation and counter Chinese market dominance. These results are complemented by various commitments with respect to critical minerals supply chains found in Reciprocal Trade Agreements negotiated over the past year between the United States and, e.g.Argentina and Malaysia.

Topics on Which USTR Seeks Comments

USTR invites comments on a wide range of subjects that could shape future policy or a plurilateral agreement, including:

  • Prioritization  of specific critical minerals and potential trading partners
  • Price setting methods, including how target or reference prices should be calculated and adjusted
  • Price adjustment mechanisms  to sustain investment (e.g., tariffs, quotas, price undertakings)
  • Common standards  to address regulatory arbitrage among parties and non-parties
  • Investment rules  and screening mechanisms relevant to critical mineral supply chains
  • Implementation and enforcement  provisions for a potential agreement
  • Coordination mechanisms  among parties to respond to market changes or crises
  • Reference measures  (e.g., the International Tin Agreement) that might inform the design of a plurilateral agreement for critical minerals
  • Legal authorities  available to potential parties to implement pricing or related measures
  • Other trade-related considerations  to ensure sufficient supply and mitigate non-market practices

How to Submit Comments

Interested parties must submit written comments electronically through the USTR portal, using Docket Number USTR-2026-0034. Comments are due by March 19, 2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More