Golf clubs assembled in Mexico from titanium heads manufactured in Taiwan and carbon fiber shafts from China must be marked products of both, and the value of the shaft is subject to Section 301 tariffs, CBP said in a Dec. 2 ruling. The golf clubs do not undergo a substantial transformation in Mexico nor the required USMCA tariff shift, and both the shaft and head give the golf clubs their essential character, CBP said in ruling HQ H312495, posted to the agency’s ruling database on Dec. 10.
President-elect Joe Biden announced Dec. 10 that he's selecting House Ways and Means Committee Chief Trade Counsel Katherine Tai to be the next U.S. trade representative, saying that her deep experience will allow the administration to “harness the power of our trading relationships to help the U.S. dig out of the COVID-induced economic crisis and pursue the President-elect’s vision of a pro-American worker trade strategy.”
U.S. Trade Representative Robert Lighthizer Dec. 9 announced that he'll be seeking consultations with Mary Ng, his Canadian counterpart, over the way that Canada allocated tariff rate quotas. Canadian processors are guaranteed a percentage of those import quotas, and the U.S. says that undermines American producers' access to Canada. “President [Donald] Trump successfully renegotiated the USMCA to replace the failed NAFTA, and a key improvement was to give U.S. dairy producers fairer access to Canada’s highly protected dairy market,” he said. “We are disappointed that Canada’s policies have made this first ever enforcement action under the USMCA necessary to ensure compliance with the agreement.”
Claims that a ban on single-use plastics is a trade restriction prohibited in the USMCA are wrong, seven Democratic senators, led by Sen. Dianne Feinstein, D-Calif., wrote to U.S. Trade Representative Robert Lighthizer and Canada Trade Minister Mary Ng. The senators' Dec. 7 letter said the industry groups incorrectly argue the ban “would not be based on sound science. In fact, the science clearly shows the detrimental impact of single-use plastics. An estimated 11 million metric tons of plastic waste enters the oceans each year.”
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said that he hopes that a technical fixes bill for USMCA can pass this month, but its passage is hung up on whether goods manufactured in foreign-trade zones should be able to benefit from USMCA if those goods meet the rules of origin.
The Customs Rulings Online Search System (CROSS) was updated Dec. 4. The following headquarters rulings were modified recently, according to CBP:
Sen. John Cornyn, R-Texas, led a bipartisan letter to U.S. Trade Representative Robert Lighthizer arguing that he should not push for returning treatment of foreign-trade zones to the NAFTA approach, and instead, should allow goods manufactured in those zones to receive tariff benefits if they meet USMCA rules of origin. This issue has been hanging up a technical fixes bill since the summer (see 2007200021).
Lobbying disclosure reports show a lot of corporate interest in the Uyghur Forced Labor Prevention Act. The National Retail Federation, the Retail Industry Leaders Association, the American Apparel and Footwear Association, the U.S. Chamber of Commerce, Plumbing Manufacturers International, and many companies, including Nike, Apple, Engie North America, Kraft Heinz, Campbell Soup and VF have been lobbying on the bill, which passed the House almost unanimously and is awaiting a Senate vote. The law would create a presumption that any goods from China's Xinjiang province were made with forced labor. The AFL-CIO and the American Foundry Society also have been lobbying on the bill.
Although members of Congress have complained that Canada's tariff rate quota changes do not comply with USMCA commitments (see 2008280003), a Nov. 20 Congressional Research Service update on USMCA's agricultural provisions says that dairy exports to Canada in the third quarter of 2020 were 10% higher than in the third quarter of 2019 and 9% above the same period in 2018. It also noted that after four years of decline of U.S. exports of poultry and eggs to Canada, poultry meat exports grew 8% in the third quarter this year compared with the same quarter in 2019, but were only 3% higher than in the third quarter of 2018. Egg exports were flat.
House Ways and Means Committee member Rep. Jimmy Panetta, D-Calif., has a district full of farms growing grapes, berries, lettuce, artichokes, garlic or other non-commodity crops. His constituents want export markets, so opening trade negotiations is popular in Central California. Panetta, who was interviewed online by the Washington International Trade Association on Nov. 23, said there needs to be a lot of education in the Democratic caucus on why a renewal of Trade Promotion Authority is important before it expires July 1.