Howard Lutnick, whose nomination advanced out of the Senate Commerce Committee Feb. 2 with a 16-12 vote, told senators from both parties that, despite the president's announcements that he would have "direct responsibilities over the Office of the U.S. Trade Representative," the scope of responsibilities for the USTR won't change, and his agency will coordinate with others working on trade policy.
Trade lawyers at Thompson Hine told clients and stakeholders that the old approaches to lobbying for North American trade don't work on the Trump administration. Don't try arguing that sourcing in Mexico makes your products more price competitive. Don't explain that the three countries' manufacturing supply chains are integrated. Don't tell them that 60% of the value of the Mexican car was in U.S. parts exported to the assembly plant. Don't try to argue that a 25% tariff on imports from Mexico and Canada will cause inflation. "They don't want to hear, 'It's going to cost more,' said Dan Ujczo, a senior counsel at the law firm. "'We have invested x amount of dollars, and here are the jobs in the United States,' that’s what they want to hear."
House Ways and Means Trade Subcommittee ranking member Rep. Linda Sanchez, D-Calif., declined to say if she'd join forces with colleagues who want to end the president's ability to impose tariffs under the International Emergency Economic Powers Act, but said, "I certainly think they're on the right track."
President Donald Trump nominated William Kimmitt, current partner at Kirkland & Ellis, to serve as head of the Commerce Department's International Trade Administration. Kimmitt served in the first Trump administration as counsel to the U.S. trade representative and was involved in the implementation of the USMCA. At Kirkland & Ellis, Kimmitt is a litigation partner, focusing on international trade and Section 337 unfair import investigation proceedings.
Peter Navarro, a trade adviser to President Donald Trump who was known as a China hawk when he served in the president's first administration, said the Commerce Department will be conducting Section 232 investigations on how the steel and aluminum actions should be adjusted, and how imports of critical minerals and essential medicines "are harming [our] ability to produce" those goods.
Tariffs will be delayed on Canada, President Donald Trump decided about eight hours before the deadline, and hours after he announced Mexico wouldn't face tariffs for the next month. He also granted Canada 30 days to convince him to keep duty-free trade flowing.
President Donald Trump told reporters that there are no concessions Mexico, Canada or China could make to avoid tariffs on Feb. 1, which he wants to use to punish them for trade deficits, fentanyl trafficking, and, in the case of Canada and Mexico, migration across their borders.
Importers should be prepared for uncertainty when it comes to the specifics on tariffs and have plans in place to adjust supply chains and tariff classifications accordingly, lawyers said in webinars by Deringer on Jan. 29 and Barnes & Thornburg on Jan. 30.
President Donald Trump, in response to a question from a reporter at the White House, said 25% tariffs on Canada and Mexico are coming on Feb. 1, on Saturday.
Commerce secretary nominee Howard Lutnick vigorously defended the prospect of imposing tariffs on all goods from places like the EU, Japan or South Korea during his confirmation hearing Jan. 29, saying those countries deserve it, as they either use food safety rules to protect their farmers, put up barriers to American car imports, or undercut American manufacturing with their exports of manufactured goods.