Category Archives: Trade Policy

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China Lingers in the Background of USMCA

As we previously reported, the United States, Canada, and Mexico have reached agreement on the United States-Mexico-Canada Agreement (“USMCA”) to replace the North American Free Trade Agreement (“NAFTA”), which has governed trade between the three countries since 1994.  Article 32.10 of the agreement requires each country to notify the others of any intention to negotiate … Continue Reading

Trilateral Trade Agreement Reached with Heads of State of Canada, Mexico, and US

On Sunday, the heads of state of Canada and the United States agreed on terms for a new trilateral deal with Mexico.  The agreement, now known as the United States-Mexico-Canada Agreement “USMCA,” provides several new updates to its NAFTA predecessor.  The deal’s terms, including those established in August in an agreement between the U.S. and … Continue Reading

United States and Japan to Discuss Bilateral Trade Deal

In a joint statement issued yesterday, the United States and Japan announced that the two countries will begin discussions to enter into a bilateral trade deal.  The announcement comes after President Trump and Prime Minister Shinzo Abe attended a Summit Meeting in New York to discuss a host of issues, including trade.  The joint statement highlighted that … Continue Reading

United States and South Korea Sign Updated FTA

On Monday, President Trump and President Moon Jae-in of South Korea signed a revised U.S.-Korea (known as “KORUS”) free trade agreement on the sidelines of the United National General Assembly meeting this week in New York.  In April 2017, President Trump indicated that he wanted to either renegotiate or terminate the then-five year old agreement.  … Continue Reading

President Trump is Expected to Terminate NAFTA Following Agreement in Principle with Mexico

On Monday, August 27, President Trump announced that he intends to terminate NAFTA if discussions with Canada are not finalized by the end of the week.  This news follows the successful negotiation of an agreement in principle for trade between the U.S. and Mexico.  While, according to the USTR, the agreement provides the “most comprehensive … Continue Reading

Bans on Imported Waste Continue in Southeast Asia

On August 16, 2018, Reuters reported that Thailand plans to ban imports of a variety of scrap electronics within the next six months and recycled plastic within the next two years.  The Thai Minister of Natural Resources and Environment, Kanchanarat, cites environmental and health concerns as the reason for the ban. While some repairable appliances, … Continue Reading

Commerce Initiates National Security Investigation Into Uranium Imports

On Wednesday, July 18, the Department of Commerce announced that it would begin investigating the effects of uranium imports on the national security interests of the United States.  The investigation will be conducted under Section 232 of the Trade Expansion Act of 1962.  Two U.S. uranium producers – Ur-Energy and Energy Fuels Resources Inc. – … Continue Reading

USTR Announces Section 301 Exclusion Process

Background: On Friday, July 6, 2018, the United States Trade Representative (USTR) announced a process for U.S. interests to obtain product-specific exclusions from tariffs on Chinese imports as a result of the U.S. investigation into, and response to, China’s IP practices (see attached Federal Register notice).  The duties, applied under Section 301 of the Trade … Continue Reading

President Trump Targets Chinese Investments in the United States

On Wednesday, President Trump issued a statement in support of restrictions on Chinese investment in the United States in firms with critical technologies, and in greater protection of those technologies through enhanced export controls.  In particular, the President has thrown his support behind the Foreign Investment Risk Review Modernization Act (FIRRMA), bipartisan legislation that passed … Continue Reading

Ambassador Lighthizer Urged to Include Intellectual Property Protections in New NAFTA

As China’s intellectual property practices continue on to be a centerpiece of the Trump Administration’s trade policy, Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Senate Finance Committee Member Bill Nelson (D-Florida) on Friday urged U.S. Trade Representative Lighthizer to include strong copyright protections in U.S. trade agreements, including the new NAFTA.  Digital trade and … Continue Reading

Trump Reconsiders TPP Stance, May Have Renewed Interest in Multilateral Agreement

Ahead of talks with Japanese Prime Minister Shinzo Abe scheduled for this week, President Trump told a group of governors and lawmakers in a meeting on Thursday, April 12th that the United States was looking to rejoin the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“TPP”).  President Trump withdrew from the TPP in January, 2017, … Continue Reading

Treasury Declines to Name China a Currency Manipulator

On April 13, 2018, the Treasury Department released its biannual report to Congress on the Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, which declined to formally label China a currency manipulator under the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”). This is the third such report … Continue Reading

Trump Administration Considering Using IEEPA to Block Chinese Acquisitions

According to Bloomberg, the Trump administration is considering using the International Emergency Economic Powers Act (IEEPA) to block Chinese investments in industries or technologies “deemed important” to the U.S.  (This statute has been used primarily to authorize economic sanctions and embargoes administered by the Office of Foreign Assets Control).  To utilize IEEPA, the President must … Continue Reading

Trump Administration Releases Proposed List of Chinese Products for Additional 25% Tariffs

The Trump Administration is using an infrequently used provision of the trade laws, Section 301 of the Trade Act of 1974 to impose an additional 25% tariff on $50 billion worth of Chinese products imported into the U.S.  The proposed list covers 1300 tariff lines and includes medicaments, pumps and valves, machinery for the oil … Continue Reading

U.S. to Raise “Misleading” Food Labeling Rules in NAFTA Discussions

The New York Times reported on March 20 that the United States was seeking to table a proposal in the NAFTA negotiations to limit the placement of consumer warnings on food packaging with respect to foods that are high in sugar, salt, or fat.  According to a copy of the negotiating document obtained by the … Continue Reading

Potential Tariffs on Apparel, Footwear, Electronics, and Home Goods from China

The Trump Administration is planning on dusting off another infrequently used provision of the trade laws, Section 301 of the Trade Act of 1974, to impose additional tariffs on apparel, footwear, electronics, and home goods manufactured in China and imported into the U.S.  The potential tariffs could reach between $30-$60 billion per year.  The Trump … Continue Reading

Gil Kaplan Confirmed as Undersecretary of Commerce for International Trade

Yesterday evening, the Senate confirmed Gilbert Kaplan to serve as Undersecretary of Commerce for International Trade, after his April 2017 nomination and September 2017 confirmation hearing.  In this position, Mr. Kaplan will oversee Commerce’s trade remedy functions and export promotion activities.  He arrives at Commerce at a particularly critical period as the Administration tackles a … Continue Reading

Will the U.S. Re-Join the (CP)TPP?

On February 21, the final version of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) was released ahead of its official signing, which is scheduled for March 8, 2018.  The CPTPP reduces tariffs between 11 nations: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. The economies of these nations … Continue Reading

Global Trade Flows Are Expanding, But Is There a Reason for Optimism?

Last Friday, the CPB Netherlands Bureau for Economic Policy Analysis, as part of its World Trade Monitor, reported that global trade flows – the volume of export and imports of goods – was 4.5% higher in 2017 than in 2016.  This is an important finding because it marks the biggest rate of year-in-year expansion since … Continue Reading

The Trade Tool that is the Cherry of Lawmakers’ Eyes

On February 14, Senators Gary Peters (D-MI) and Richard Burr (R-NC) jointly introduced the S. 2427, the Self-Initiations Trade Enforcement Act.  If enacted, the legislation would give the Department of Commerce greater leniency to self-initiate investigations of unfair trade practices that harm U.S.  producers by creating a permanent taskforce at the International Trade Administration  to … Continue Reading

Commerce Secretary Releases Steel and Aluminum 232 Reports, Recommends Remedies

On Friday, February 16, 2018, Secretary Ross released public versions of the U.S. Department of Commerce’s reports concerning the agency’s section 232 investigations into the impact on national security of steel and aluminum imports. As a result of its investigations, the Department of Commerce has determined that imports of steel and aluminum “threaten to impair … Continue Reading

Trans-Pacific Partnership: A Final Deal Reached Without the United States

Earlier this week, the remaining 11 parties to the Trans-Pacific Partnership (TPP) negotiations announced the conclusion of negotiations and that an agreement will be signed on March 8, 2018.  The parties to the agreement (rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership) are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, … Continue Reading

House Passes Unanimous Duty Suspension Bill Loading Bases for Senate Grand Slam

The House of Representatives passed on January 16, 2018 a bill providing temporary duty relief on about 1,800 imported products that are not available or produced in the United States.  The Miscellaneous Tariff Bill Act of 2017 sailed through the chamber with a 402-0 vote, signaling overwhelmingly strong bipartisan support and proving there are still … Continue Reading
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