A bipartisan group of senators, led by the No. 2 man in Republican leadership, asked the treasury secretary, commerce secretary and U.S. trade representative not to loosen export controls for China as they consider how to narrow the bilateral trade deficit. The letter, sent May 22, said loosening export controls on sensitive technology "would bolster China’s aggressive military modernization and significantly undermine long-term U.S. national security interests." Including Sen. John Cornyn, R-Texas, Sen. John Thune, R-S.D., and Minority Leader Chuck Schumer, D-N.Y., 14 Republicans, 12 Democrats and Independent Sen. Angus King of Maine signed the letter. The missive also brings up the possible softening of sanctions on Chinese telecom giant ZTE: "In addition, we urge you not to compromise lawful U.S. enforcement actions against serial and pre-meditated violators of U.S. law, such as ZTE. Export control and sanctions laws should not be negotiable, because fidelity to the rule of law is a key part of what distinguishes the U.S. from a country like China that is ruled by a Communist dictatorship."
Mara Lee
Mara Lee, Senior Editor, is a reporter for International Trade Today and its sister publications Export Compliance Daily and Trade Law Daily. She joined the Warren Communications News staff in early 2018, after covering health policy, Midwestern Congressional delegations, and the Connecticut economy, insurance and manufacturing sectors for the Hartford Courant, the nation’s oldest continuously published newspaper (established 1674). Before arriving in Washington D.C. to cover Congress in 2005, she worked in Ohio, where she witnessed fervent presidential campaigning every four years.
The Senate Banking Committee approved by a 23-2 vote on May 22 an amendment that would prohibit President Donald Trump from changing the seven-year export ban for ZTE -- or any other Chinese telecom company penalties -- until the administration tells Congress the company is no longer violating the law, and has not done so for a year, and is fully cooperating with investigators. Sen. Chris Van Hollen, D-Md., who introduced the amendment to the Foreign Investment Risk Review Modernization Act, said after the vote: "We know ZTE is a repeated and flagrant violator of U.S. laws -- there’s absolutely no question of their culpability. Yet the President of the United States is fighting to protect jobs in China at a company that may be spying on Americans and has been sanctioned by our government. This is deeply troubling, regardless of your political party."
More than 60 percent of the Senate's 51 Republicans sent a letter to U.S. Trade Representative Robert Lighthizer telling him a "take-it or leave-it strategy" of presenting a NAFTA rewrite at the same time as a withdrawal announcement would not be successful. "In the past, you have suggested that your goal is to achieve overwhelming bipartisan support for a modernized NAFTA. We believe this goal is only achievable through a strategy to constructively engage Members of Congress as required by TPA [Trade Promotion Authority] and without attempting to force a choice between negative outcomes," the letter says.
Supply chain professionals and trade group executives praised the progress U.S. government agencies have made in trade facilitation, and pointed to areas where they could still make progress, during the Global Supply Chain Summit hosted by the U.S. Chamber of Commerce on May 22. The Unified Cargo Processing pilot, which is soon expanding from seven ports of entry to nine (see 1803300020), has reduced crossing time by up to 75 percent, according to Lance Jungmeyer, president of the Fresh Produce Association of the Americas. He also talked about how private industry can help CBP be more business friendly, such as with private dollars helping to fund a 3.5-mile shortcut from the Mariposa port of entry in Nogales, Arizona, to the highway. He said they're lobbying CBP to set up a donations acceptance program to build a cold storage inspection facility at a port of entry, too. He said his group would also like to see Canada try unified cargo processing with CBP.
Now that it is seemingly too late for Congress to ratify a new NAFTA in December (see 1805110025), predictions about what happens next vary widely. Treasury Secretary Stephen Mnuchin said on CNBC that the administration could pursue a "skinny NAFTA," and a Republican senator suggested that would be the best course of action, though a full rewrite is still preferred, Mnuchin said.
The Trump administration's decision to stop the implementation of Section 301 tariffs while the U.S. and China formalize a deal has left many wondering which country is coming out ahead. China economics expert Derek Scissors, an American Enterprise Institute scholar who briefly advised the Trump administration on the Section 301 investigation, thinks it's too early to say. "I didn’t think he would agree to a deal where we have nothing on the table. I’m shocked at that. I assume more is coming," he said. "Right now this is an IOU for a deal."
The European Union submitted to the World Trade Organization on May 18 the list of products it will impose 25 percent tariffs on if the U.S. does not spare it from steel and aluminum tariffs next month. The initial list, which runs to 181 items, is designed to counteract the tariffs on almost $7.2 billion worth of steel and aluminum that will be subject to duties from the United States under Section 232. Only 1.2 billion of that is aluminum. The EU could begin collecting tariffs on these items as soon as June 20. The list includes peanut butter, orange juice, cigarettes, steel, pipes, motorcycles and yachts.
China announced it will no longer collect 178.6 percent cash deposits on U.S. sorghum, because the antidumping case is not in the public interest. The Chinese Ministry of Commerce said on May 18 that continuing the duties would drive inflation for consumers. Sorghum is mostly fed to livestock in China, as corn prices rise. The deposits are being returned, Bloomberg reported. China imported about $957 million of U.S. sorghum in 2017 and purchases were down 15 percent in the first quarter compared to a year earlier, Bloomberg reported, citing Customs data. Farmers had used the grain in animal feed in place of domestic corn, which climbed 20 percent last year.
On May 17, the supposed deadline for having a NAFTA deal ready so that Congress could vote on it in 2018, the U.S. Trade Representative said ratifying a deal this year is unlikely. Earlier that day Canada's Prime Minister Justin Trudeau, speaking in New York, said, "We're down to a point where there is a good deal on the table. Mexico has put proposals on the table that actually will go a long way towards reducing the trade deficit the U.S. has with Mexico, and indeed, bringing back some auto jobs from Mexico to the United States. It's right down to sort of the last conversations."
The Section 301 tariffs list should not be used to "pick winners and losers in the free market," the American Apparel and Footwear Association announced just after the National Council of Textile Organizations testified to a review panel that it wants clothing added to the tariff list. In 2017, the U.S. imported nearly $100 billion more in apparel and textiles than it exported, the NCTO said in its submission to the panel, and Chinese exports in these categories account for about 12 percent of the overall bilateral trade deficit. China's exports are responsible for the loss of hundreds of thousands of mill and garment factory jobs, they said, and "the remaining vestiges" of the apparel industry won't ask for antidumping investigations because they are held hostage by their customers, who import the bulk of what they sell, the submission said.