Foreign-trade zones would continue to lose out to foreign distribution companies under the changes to de minimis proposed in The Import Security and Fairness Act, the National Association of Foreign-Trade Zones said in a recent letter to House Ways and Means Trade Subcommittee Chairman Rep. Earl Blumenauer, D-Ore., who introduced the bill (see 2201180053). A version of that bill, which would no longer end de minimis treatment for goods subject to Section 232 tariffs, among other changes, was included in the America Competes Act (see 2201260029). While NAFTZ sent its letter before the bill was attached to America Competes, "we don’t support either version because neither allows U.S. companies operating in a U.S. FTZ the same ability to leverage Section 321 de minimus as their foreign competitors can and will still be able to do with the current language of the bill," emailed Melissa Irmen, NAFTZ's chair.
Thirteen groups that represent business interests told House leaders that they strongly oppose the changes to de minimis in the trade title of the America Competes Act, the House answer to the Senate China bill that passed last year.
The AFL-CIO said the House version of the China package "includes critically important fixes" to the Senate's trade title, including removing finished products from the Miscellaneous Tariff Bill, changes to antidumping and countervailing duty law, and the change to de minimis, which "would halt China’s exploitation of US de minimis policy."
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Rep. Adrian Smith of Nebraska, the new ranking Republican on the House Ways and Means Trade Subcommittee, testified to the Rules Committee that the trade section of the America Competes Act of 2022 contains items that could have a "significant negative impact on our economy," and that Republicans didn't see anything about it until last week. He noted that his amendment that would have renewed trade promotion authority, which gives Congress a say in new free trade negotiations, was ruled out of order, so it will not get a vote.
The Commerce Department issued the final results of its countervailing duty administrative review on heavy-walled rectangular welded pipes and tubes from Turkey (C-489-825). Commerce found the only company under review, Ozdemir Boru Profil San. Ve Tic. Ltd. Sti, received de minimis illegal subsidies during the period of review, assigning it a zero percent CV duty rate. Subject merchandise from Ozdemir entered Jan. 1, 2019, through Dec. 31, 2019, will be liquidated without any assessment of CV duties, and future entries of subject merchandise from Ozdemir will not be subject to CV duty cash deposit requirements until further notice. Changes to cash deposit rates from these final results take effect Feb. 1, the date these final results are set for publication in the Federal Register.
A Republican staffer from the House Ways and Means Committee said that while Republicans are certainly open to having a discussion on the balance between preserving the benefit to small businesses of importing goods under the de minimis statute and the need for improvements, a conference committee on a massive China package is not the right venue for it.
The House Majority Leader Steny Hoyer, D-Md., said he will bring the massive America COMPETES bill up for a vote soon. While it may not need to attract any Republican votes to pass there, a bipartisan compromise will be necessary in conference. House Ways and Means Committee Chairman Richard Neal, D-Mass., said that the Senate's U.S. Innovation and Competition Act (USICA) was not adequate, aside from the issue that revenue measures, such as the Miscellaneous Tariff Bill, must start in the House. "This legislation is the boldest, best option we have to stand up to China’s harmful actions and support American workers, and I look forward to discussing these proposals further during our conference on the package with the Senate," he said.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The trade provisions of the America COMPETES Act of 2022, the House's answer to the Senate U.S. Innovation and Opportunity Act, propose dramatic changes to antidumping and countervailing laws, a restriction on future Miscellaneous Tariff Bill lists, and would bar Chinese goods from entering under the de minimis statute. The House Rules Committee also released a section by section summary.