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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 a free trade agreement with a “non-market country.”  The provision defines a “non-market country,” as any country that: (1) one or more USMCA member countries has determined to be a non-market economy for purposes of the USMCA member country’s trade remedy laws; and (2) none of the USMCA member countries has a free trade agreement with.

Last year, as a result of the expiration of certain language in China’s World Trade Organization (“WTO”) Protocol, the U.S. Department of Commerce conducted a review of its designation of China as a non-market economy country for purposes of the U.S. antidumping laws.  The Department announced the results of its review of China’s status on October 26, 2017, concluding that China continued to be a non-market economy country.  Further, none of the USMCA member countries have a free trade agreement with China.  As a result, China would be considered a “non-market country” for purposes of the USMCA.

Article 32.10 requires a USMCA member country seeking to negotiate a free trade agreement with China, or any other “non-market country” to:…
Continue Reading China Lingers in the Background of USMCA

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…

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 set of enforceable environmental obligations of any previous United States agreement,” the deal also contains numerous provisions of note involving trade.

The agreement in principle is expected to contain a more robust intellectual property (“IP”) chapter than that of its NAFTA predecessor.  In fact, the USTR is calling the chapter the “most comprehensive” for enforcement of IP with any trade agreement to which the U.S. is a party.  In particular, among other provisions, enforcement authorities must be able to stop the entry or exit of goods that are suspected to be pirated or counterfeited, the countries must establish “meaningful” criminal penalties for the camcording of movies, the countries will require national treatment for copyright, and both countries will make available civil and criminal remedies for the theft of trade secrets. …
Continue Reading President Trump is Expected to Terminate NAFTA Following Agreement in Principle with Mexico

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 the world began recovering from the global financial crisis, exceeding expectations for the year.  According to the CPB World Trade Monitor, global trade flows grew 24% between January 2010 and December 2017.

Experts, however, are cautiously optimistic about the news and what it could mean for 2018.  Last year, significant uncertainties about critical aspects of the global economy made it difficult to predict the track of trade growth.  The WTO cited unpredictability with respect to government action on monetary, fiscal, and trade policy, and whether trade would be restricted in favor of attempts to address domestic wage stagnation and unemployment.  …
Continue Reading Global Trade Flows Are Expanding, But Is There a Reason for Optimism?

As the fourth round of NAFTA negotiations were completed in Washington on Tuesday, October 17, 2017, significant new obstacles to the trade talks are emerging.  As a result, the fifth round of talks has been postponed until mid-November.

Specifically, Canada and Mexico have rejected the U.S.’s proposals on the elimination of NAFTA dispute panels in AD/CVD decisions, dairy, automotive content, government procurement, country-specific rule of origin rules, and a sunset clause.

U.S. Trade Representative Lighthizer, Mexican Economy Minister Guajardo, and Canadian Foreign Minister Freeland noted in a joint statement that the extended timelines provide the countries …
Continue Reading New Obstacles Emerge in NAFTA Negotiations

House Ways and Means Trade Subcommittee Chairman Dave Reichert (R-WA) announced on Tuesday, July 11th that the Subcommittee will hold a hearing entitled “Modernization of the North American Free Trade Agreement” on Tuesday, July 18th.   The hearing will analyze whether NAFTA has been successful for the U.S. economy and job creation, with a focus on…

Today wraps up three days of hearings hosted by USTR regarding the renegotiation of NAFTA.  The hearings come about six weeks before the United States will begin discussions with Canada and Mexico, no earlier than August 16.

Over the course of 3 days, USTR officials heard from a number of U.S. industries regarding their interests and goals for an overhauled NAFTA.  These industries included steel and metal, auto, apparel, agriculture, and farming, among others.  Representatives from the entertainment industry, as well as the NFL, also presented their views on how a renegotiated agreement should benefit their industries.  USTR heard from over 100 witnesses who expressed a variety of views regarding the effectiveness of NAFTA in its current form and provided opinions on how to improve the agreement. …
Continue Reading NAFTA This Week:  USTR Hearings

NAFTA renegotiations are up at bat this summer.  In May, the Trump administration sent a letter to Congress that began a 90-day consultation period between Congress, the administration, and business stakeholders to discuss the United States’ priorities.  The 90-day period is set to expire on August 16th, at which point the United States may restart discussions with Canada and Mexico. Commerce Secretary Wilbur Ross has indicated that Congress will receive a detailed proposal in July that provides specifics on how to re-work the 1994 free trade agreement with Canada and Mexico.

Renegotiating NAFTA has been a major issue at the center of the administration’s trade policy.  USTR Lighthizer stated that the goal of renegotiation is to create an agreement that advances the interests of America’s workers, farmers, ranchers, and businesses.  Last week, USTR received over 1,300 comments from stakeholders following its request for input on how to “modernize” NAFTA.  Next week, USTR will hold a public hearing during which stakeholders can present their views for consideration by the administration. …
Continue Reading Up at Bat this Summer:  Renegotiating NAFTA