Modifications to rules of origin related to the U.S.-Colombia Trade Promotion Agreement (USCTPA) announced by presidential proclamation in July will take effect Jan. 1, 2021, the Office of the U.S. Trade Representative said in a notice released Oct. 28. The changes, which are intended to continue the same tariff treatment under USCTPA despite revisions to the U.S. and Colombian tariff schedules, had been detailed in a report published by the International Trade Commission concurrently with the proclamation (see 2006300079) but awaited USTR’s announcement of an effective date prior to implementation.
U.S. Trade Representative (USTR)
The U.S. cabinet level position that oversees trade negotiations with other countries. USTR is part of the Executive Office of the President. It also administers Section 301 tariffs.
U.S. Trade Representative Robert Lighthizer said that the trade facilitation agreement that the U.S. and Brazil signed Oct. 19 is very similar to the USMCA trade facilitation chapter, and that traders should expect more incremental progress in coming months. “There’s a lot more that needs to be done,” Lighthizer said during a U.S. Chamber of Commerce program Oct. 20. “We have ongoing negotiations on ethanol. Brazilians like to talk about sugar. There’s a variety of things in the agriculture area.”
The World Trade Organization announced that the European Union is entitled to hike tariffs on nearly $4 billion in U.S. goods due to the trade distorting effects of tax breaks for Boeing. The tariffs -- the levels of which have not been announced -- are not to go into effect immediately, but could affect civil aircraft, helicopters, tractors, chemicals, hazelnuts, wines, liquor, cotton and other products, according to a preliminary list of targets released last year.
The U.S.-Japan mini-deal is not consistent with World Trade Organization rules, a former White House trade negotiator said, so the two sides mentioned a future phase two deal to cover substantially all trade to convince Japan's parliament to pass the accord. Because of the way the deal was structured, with small tariff reductions for Japanese exporters, it did not require a vote in Congress, Clete Willems, speaking recently on a webinar for University of Nebraska students, said. In calling the mini-deal phase one, “I think both sides were playing it cute, to be honest,” Willems, now at Akin Gump, said. He said Japan was not interested in a comprehensive bilateral trade deal, because it still wants the U.S. to rejoin the Trans-Pacific Partnership.
The U.S. needs to increase engagement with China to convince it to limit restrictions on foreign companies and to end unfair government subsidies, former U.S. Trade Representative Michael Froman said. Although Froman said he is “hopeful” the U.S. can secure these concessions through more trade negotiations, he also said the U.S. may need to focus more on its own industrial policy to remain technologically competitive with China.
Whether the deadline has passed for court challenges to lists 3 and 4 of Section 301 tariffs of goods from China continues to be in question, lawyers following the case have said. While some have pegged the deadline to Sept. 21 based on a two-year statute of limitations from when the List 3 tariffs were published in the Federal Register (see 2009160056), other factors remain in play. Filing sooner rather than later is seen as preferable, the lawyers said.
The 10% tariffs on Canadian non-alloyed unwrought aluminum will be refunded back to Sept. 1, and the tariffs won't return unless Canadian exporters exceed either 70,000 tons or 83,000 tons in that category (see 2009150040), the Office of the U.S. Trade Representative said on Sept. 15. The office said the limits start at 83,000 for the current month, then go to 70,000, then back to 83,000, then back to 70,000 for December. USTR did not say the tariffs would definitely return if Canadian exporters exceed these numbers by at least 5%, and suggested that if Canadian exporters reduced the next month's shipments by the same amount of the overage, that would satisfy USTR.
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.
The USMCA technical corrections bill seems to have stalled out on the Hill, as Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said at a meeting a month ago, he was seeing there was not unanimity among Democrats, and without that, it cannot be done quickly. A Senate Finance Committee spokesman said, “The bottom line is that it’s not clear to us whether certain Democrat senators who voted against USMCA would hold up technical corrections should a package come up for a unanimous consent vote.”
The U.S. will tighten quotas on Brazilian steel exports because the steel market has contracted in 2020, President Donald Trump said in a proclamation, issued at 10:30 p.m. on Aug. 28. Domestic producers have shipped 15% less across the first half of 2020 than in the previous year, which is more than the decline in demand, Trump said. Imports from most countries have declined this year in a manner commensurate with this contraction, whereas imports from Brazil have decreased only slightly, the proclamation said.