Senate Finance Subcommittee on International Trade Chairman Sen. Tom Carper, D-Del., and ranking member Sen. John Cornyn, R-Texas, agree that the U.S. should be in the Trans-Pacific Partnership, but the expert witnesses at the hearing they held June 22 showed no path to the U.S. reentering the agreement with the 11 countries that went on to seal the deal. This was despite agreement among most subcommittee members (though not Sen. Sherrod Brown, D-Ohio) and the witnesses that leaving TPP was a tactical mistake that leaves the U.S. at a trade and geopolitical disadvantage.
Section 301 tariff exclusions
The Office of the U.S. Trade Representative has established an exclusion process for Section 301 tariffs on China. In a series of rounds since the tariffs took effect, importers have been able to request exclusions from the tariffs, as well as extensions to existing exclusions. Many exclusions have been allowed to expire, as well. Section 301 exclusions are applicable to all importers of a given good, which may be defined as an entire tariff schedule subheading or a subset of a subheading outlined in a written description.
Although the Senate Finance Committee's bipartisan amendment to the China package received 91 votes, some prominent Democrats on trade in the House aren't sure how its provisions could move in their chamber, if Republicans don't agree to calling them up under suspension, which requires a two-thirds vote for passage.
Rep. Kevin Brady of Texas, the top Republican on the House Ways and Means Committee, has expressed optimism that the House can pass a renewal of the Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill that will match the amendment passed in the Senate as part of its China package. However, when asked by International Trade Today on June 11 if the House would include the anti-counterfeiting measures and the request to the Office of the U.S. Trade Representative to re-open Section 301 exclusions, Brady said he didn't know. He said there's always been bipartisan support for fighting counterfeits, and with regard to the exclusions, "there’s a very strong interest for both chambers and both sides of the aisle," he said.
During a wide-ranging interview on trade with International Trade Today, Rep. Jackie Walorski, R-Ind., said she would like to advance Section 232 reform in the House, get the Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill back in place, and, if warranted, weigh in with the U.S. trade representative on USMCA.
The following lawsuits were filed at the Court of International Trade during the weeks of May 24 - June 6.
The China package once known as the Endless Frontier Act passed the Senate with 68 votes. The U.S. Innovation and Competition Act includes a trade amendment that authorizes a new Miscellaneous Tariff Bill, restarts applications for Section 301 tariff exclusions, adds an inspector general to the Office of the U.S. Trade Representative, renews the Generalized System of Preferences benefits program for more than five years and directs the CBP to increase inspections of imports with the aim of finding counterfeits. The bill passed the evening of June 8.
The immediate past U.S. trade representative criticized an amendment attached to a China package which would renew the Miscellaneous Tariff Bill, and restart the exclusions for Section 301 tariffs on Chinese imports. The amendment, which got more than 90 votes in the Senate, also renews the Generalized System of Preferences benefits program, but Robert Lighthizer was silent on that aspect of the bill.
After the House Ways and Means Committee chairman expressed optimism that global tax negotiations would solve the problem of digital services taxes around the world, Rep. Kevin Brady of Texas, the ranking Republican on the committee, said that President Joe Biden's strategy is a lose-lose for America.
The Court of International Trade should dismiss the HMTX-Jasco sample case in the massive Section 301 litigation because the companies can’t establish that the Office of the U.S. Trade Representative exceeded its authority, the Department of Justice said in a June 1 motion. The agency didn't overstep the 1974 Trade Act when it ratcheted up the lists 3 and 4A tariffs on Chinese imports, nor did its actions violate the Administrative Procedure Act (APA), the government’s 77-page filing in docket 1:21-cv-52 said.
An amendment that will allow expanded information sharing from CBP on counterfeits, and which will renew the Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill, will be part of the China package expected to pass the week of June 8. The amendment, sponsored by Finance Committee ranking member Sen. Mike Crapo, R-Idaho, was modified slightly from its first introduction, when it failed to pass the filibuster threshold of 60 votes. This version, which passed with 91 votes on May 27, no longer expands a forced labor initiative on seafood to all seafood products.