The Coalition for a Prosperous America published advice to the transitioning Joe Biden administration, which includes a call to continue and intensify the kind of tariff and sanctions policies used by the Trump administration, and to go further, such as by raising the bound tariffs at the World Trade Organization. The CPA also asked for countrywide withhold release orders for forced labor, a reduction of the $800 de minimis level and a change in the makeup of the Commercial Customs Operations Advisory Committee. “The membership of COAC should equal representation by domestic businesses and labor harmed by unlawful imports, rather than being dominated by multinationals and importer interests,” they said.
President-elect Joe Biden plans to nominate Alejandro Mayorkas for secretary of the Department of Homeland Security, the Biden transition team said in a news release. Mayorkas is currently a law partner at WilmerHale and previously was appointed deputy secretary of Homeland Security by President Barack Obama. While at DHS, Mayorkas was chair of the Border Interagency Executive Committee and worked on the International Trade Data System (see 1503230018).
A recent strategic plan on intellectual property enforcement strategy and policy efforts mandated by statute calls for more executive action to strengthen CBP's hand, statutory changes to allow injunctions against online marketplaces that list counterfeit goods, and possible changes to who can ship de minimis packages. The plan is required under the Prioritizing Resources and Organization for Intellectual Property Act of 2008, known as PRO-IP.
U.S. Fashion Industry Association counsel David Spooner told attendees at the USFIA industry virtual conference Nov. 10 that while he thinks it's unlikely that the current administration would add new tariffs on China before leaving office in two months, it's possible that President Donald Trump could increase the tariff rate on list 4A, or put tariffs on list 4B, as a way of “venting his frustration with China.” Spooner, who is at law firm Barnes and Thornburg, said it's also possible that the administration will retaliate against European Union tariffs authorized by the World Trade Organization for past Boeing subsidies.
The only producer of electrical steel in the U.S., which employs thousands of workers in the swing states of Pennsylvania and Ohio, thanked Donald Trump for imposing a Section 232 remedy on laminations and cores that are used to make electric transformers. A press release about its statement, which came out the day before Election Day, did not say whether a tariff or quota would be imposed.
Peter Navarro, a White House adviser who specializes in trade, argued during a video interview with the Washington Post that a Biden administration would mean a return “to the old globalist ways of shipping our supply chains offshore.” Navarro said during the Oct. 30 interview that blue-collar workers in Michigan, Wisconsin and Pennsylvania understand that Joe Biden voted for NAFTA and voted to admit China into the World Trade Organization, and that they blame those actions for millions of lost factory jobs. “Trade's one of the keys to unlocking the Midwest battleground states,” Navarro said.
President Donald Trump officially ended the Section 232 tariffs on aluminum from Canada through an Oct. 27 proclamation. The duty-free treatment applies retroactively to Sept. 1, as planned (see 2009150048), though reimposition of the tariffs remains possible, depending on import levels of Canadian aluminum. Any imports of aluminum subject to the tariffs into a foreign-trade zone before Sept. 1 under privileged foreign status will still be subject to the tariffs upon entry for consumption, Trump said. The harmonized tariff schedule number for aluminum from Canada subject to Section 232 tariffs expired on Oct. 27, CBP said in a CSMS message that day. The expired subheading is 9903.85.21.
Talks toward a comprehensive trade agreement with the United Kingdom would likely continue under a Joe Biden administration, though when a deal could be reached is unclear, K&L Gates partner Stacy Ettinger said during a webinar on how trade policy would change if there is an administration change after the election, or progress if there is a second Trump administration. Ettinger, a staffer for Senate Minority Leader Sen. Chuck Schumer, D-N.Y., before joining the private sector, was joined by former White House trade staffer Clete Willems, now at Akin Gump, during a webinar Oct. 20 hosted by American University's law school.
President Donald Trump issued an executive order Sept. 30 asking the departments of Commerce, Defense, the Treasury and the Interior “to investigate our Nation's undue reliance on critical minerals, in processed or unprocessed form, from foreign adversaries.” This order follows one from late 2017 that asked agencies to identify which minerals are critical. Trump acknowledged that there is not sufficient domestic supply, but said that under International Emergency Economic Powers Act authority, he wants to make sure imports are coming from allies, not adversaries.
An informal adviser to the Joe Biden for President campaign and a former Trump administration political appointee at the Office of the U.S. Trade Representative disagreed on the success of President Donald Trump's approach to trade and on the right way to take on China's heavy subsidization of industry and intellectual property theft.