Arent Fox lawyers said a disclosure bill aimed at large fashion retailers and manufacturers may not pass in the New York statehouse, but it's making lots of people in the industry nervous (see 2201200046). "Even if this bill doesn't pass, there's going to be others in the future," Angela Santos said.
The Coalition for Metal Manufacturers and Users is arguing that tariff rate quotas on raw materials "lead to market manipulations and allow for gaming of the system that puts this country’s smallest manufacturers at an even further disadvantage," and said "some steel products’ quota filled up for the year in the first two weeks of January."
The Office of the U.S. Trade Representative laid out the externalities to other economies of China's state-led economy in a 72-page annual report to Congress. "Since last year’s report, our assessment of China’s record in terms of transitioning to a market economy has not changed," the report said. While the report's framing is about how China complies with World Trade Organization rules, the authors minimized the WTO's ability to constrain China and emphasized that countries must expand domestic trade remedies or develop other tools to deal with China's rise.
Federal Maritime Commissioner Carl Bentzel says that audits have already led to investigations at the FMC, but that the agency is underpowered, with about 115 employees and just six investigators. He said there have been billions of dollars worth of detention and demurrage charges, and that the FMC will be issuing a notice of proposed rulemaking to create further guidance about proper detention and demurrage charges.
The U.S. had no legal standing to impose safeguard tariffs on Canadian solar panels, a USMCA panel ruled in January. The panel report was made public on Feb. 15.
Although the fact that hiring a contractor to edit language in preparation for asking CBP's regulatory attorneys to issue a notice of proposed rulemaking sounds like more red tape, Jim Swanson, director of the cargo and security controls division of the cargo and conveyance security section of CBP's Office of Field Operations said it's momentum.
The two top issues Thomas Overacker, CBP's executive director of cargo and conveyance security, has been dealing with are the blockades at the Canadian border and the Uyghur Forced Labor Prevention Act. He told an audience at the National Association of Foreign-Trade Zones' legislative conference that CBP is going to have a challenge identifying what goods come from the Xinjiang region, given the number of middle men in China, issuing invoices or acting as freight forwarders. "It’s not always evident from the data we collect at CBP … where the goods were actually produced," he said Feb. 15.
A bipartisan bill that would require businesses with more than $500 million in gross annual receipts to conduct annual audits to investigate whether there is forced labor among their suppliers or secondary suppliers has been introduced again. Ted Murphy, a trade lawyer at Sidley Austin, wrote that while the Slave-Free Business Certification Act of 2022 has bipartisan sponsorship, from Sen. Josh Hawley, R-Mo., and Sen. Kirsten Gillibrand, D-N.Y., "it is not clear whether this bill has much chance of becoming law (a previous version of the bill was introduced in 2020, but did not advance out of committee)."
The U.S. Chamber of Commerce, the National Association of Manufacturers and the Business Roundtable said Feb. 10 the business community is trying to find workarounds to the blockade at the Detroit-Windsor Ambassador Bridge and other Canadian border crossings, "but we are already seeing some production cuts, shift reductions, and temporary plant closures. The North American economy relies on our ability to work closely together, including our manufacturing sectors. We need to apply the same spirit of cooperation to tackle this problem.
The American Apparel and Footwear Association, after the government Consumer Price Index for January showed apparel prices up 5.1% and footwear prices 6.1% higher compared with January 2021, is arguing for an "immediate elimination and refund of punitive Section 301 tariffs on U.S. imports from China." CEO Steve Lamar asked the Biden administration Feb. 10 "to pursue swift and effective policies to immediately alleviate the increasingly overwhelming costs on companies and address the shipping crisis," and to get involved with the port labor negotiations for West Coast ports. That contract expires this summer.