Antony Blinken, President-elect Joe Biden's choice for secretary of state, has said that the Section 301 tariffs on China and Section 232 tariffs on Europe “harm our own people,” according to coverage of a U.S. Chamber of Commerce talk he gave in September. “We would use tariffs when they’re needed, but backed by a strategy and a plan,” he added. Blinken, who served as deputy secretary of state under President Barack Obama, said, “The EU is the largest market in the world. We need to improve our economic relations, and we need to bring to an end an artificial trade war that the Trump administration has started,” Reuters reported from the Chamber talk.
In a Joe Biden administration, some tariffs can be unilaterally withdrawn, but others would require complex negotiations to sort out, said Peterson Institute for International Economics nonresident senior fellow Anabel Gonzalez. She asked PIIE Senior Fellow Chad Bown and former U.S. Trade Representative Michael Froman where they think the new administration's energies should be directed, during a Nov. 18 webinar.
Implementation of the USMCA isn't the level of change that's expected to add costs to Toyota, according to Leila Afas, director of international policy for Toyota North America. “We fortunately are in a very good position,” she said in response to a question from International Trade Today during a Nov. 19 webinar hosted by the Peterson Institute for International Economics. She said Toyota sources a lot of its engines and transmissions in the U.S.
Twenty-three trade groups, led by the Distilled Spirits Council of the United States and Farmers for Free Trade, are asking U.S. Trade Representative Robert Lighthizer to work harder to resolve the Airbus-Boeing dispute, and thus remove European Union retaliatory tariffs on distilled spirits, cheeses, potatoes, nuts, fruits, juices, chocolate, ketchup and agricultural equipment. These retaliatory tariffs are the second round on ag exports, as the EU put 25% tariffs on whiskey, orange juice, rice and sweet corn in 2018 over steel and aluminum tariffs imposed by the U.S. Some will rise to 50% next June, the groups said in a Nov. 18 letter.
Steptoe & Johnson trade lawyers say that although President-elect Joe Biden will be interested in repairing strained relationships with the European Union, and will be less inclined to use unconventional trade tools like Section 232 and the International Emergency Economic Powers Act, the trend of policymakers pushing reshoring and decoupling won't abate.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 9-15:
While it seems clear that Joe Biden wants to “team up with our allies” to confront China, less clear is how that will work in reality, Mayer Brown international trade lawyer Tim Keeler said during a Nov. 17 Mayer Brown webinar about trade policy in the incoming administration. Keeler, who is a former chief of staff in the Office of the U.S. Trade Representative, said a majority of Congress believes the Section 301 tariffs have been a source of leverage, while the European Union thinks the tariffs violated World Trade Organization rules.
Delays are possible in processing post summary corrections and protests related to the Section 232 tariffs on Canadian aluminum, CBP said in a Nov. 12 CSMS message. President Donald Trump recently ended the Section 232 tariffs on aluminum from Canada and will retroactively allow duty-free treatment back to Sept. 1 (see 2010280024). Importers should file PSCs “to correct entries filed from September 1, 2020, through October 27, 2020 that may be eligible for refunds,” CBP said. “In the event that a subject entry has liquidated, a protest may be filed seeking a refund.” CBP warned there may be delays because there was a “significant number of entry summary lines filed” during the Sept. 1 through Oct. 27 period.
Although President-elect Joe Biden has said he wants to focus on domestic issues before turning to trade, Brian Pomper, a former chief international trade counsel when the Senate Finance Committee was controlled by Democrats, said he's going to have to deal with trade right away if the Trump administration imposes tariffs on France on Jan. 1 over its digital services tax proposal.
There are still three pending Section 232 investigations, and the one on downstream electrical steel products is already at the White House, so you shouldn't be surprised if the Trump administration hikes tariffs on more products on the way out the door, according to Halie Craig, the former trade staffer for Sen. Pat Toomey, R-Pa. Craig, who was speaking on behalf of the R Street Institute, a pro-market think tank, also said she wonders if there will be more action against China, since the country is not on track to meet its phase one purchase targets.