Sen. Chuck Grassley, R-Iowa, the new Senate Finance Committee chairman, said that while there's room for Democrats to get some of their priorities in the new NAFTA, he thinks President Donald Trump should play hardball if Democrats insist on reopening negotiations. "I want to sit down and talk to those Democrats and see what they have in mind, because surely they can't have in mind renegotiating. But there's things we can do, like side letters on what our feeling is about it," he said. "If they're reaching the point where you gotta go back to the negotiating table, I would encourage the president to pull out of NAFTA, and hope that they're smart enough not to let that happen."
International Trade Today is providing readers with some of the top stories for 2018 in case they were missed.
All the quota openings for Jan. 2, including the Section 232 quotas on steel and aluminum, "appear to be operating normally," according to a National Customs Brokers & Forwarders Association of America description of CBP's recent call with industry about trade processing during the federal government shutdown. "CBP stated that they are sorting through the funding lapse on legal and administrative processes, but that the trade should go ahead and meet any deadlines due to CBP," according to the NCBFAA. During the shutdown, "the ACE Help Desk and the ACE Accounts Service Desk are manned by contractors who are already funded," the NCBFAA said. "The Trade Remedy and Entry Summary mailboxes will also still be monitored." Rulings will not be issued during the shutdown, but CBP import specialists at the Centers of Excellence and Expertise are still at work and will be issuing and reviewing responses to CBP Forms 28 and 29. CBP Fines, Penalties and Forfeiture officers are also still on the job. Asked about other agencies, CBP said it is not its "intention to hold cargo, and they intend to conditionally release."
The U.S Trade Representative issued its first list of product exclusions from Section 301 tariffs on products from China, granting full or partial exemptions for 22 10-digit tariff subheadings, according to a pre-publication copy of a notice posted to the agency’s website Dec. 21. The product exclusions apply retroactively as of July 6, the date the first set of tariffs took effect, and will remain in effect until one year after USTR publishes the notice in the Federal Register.
The incoming Senate Finance Committee chairman suggested during a speech that the committee could rein in Trump's use of Section 232 tariffs. Sen. Chuck Grassley, R-Iowa, said he doesn't mind being creative in negotiations, but he will be reviewing the president's use of those tariffs. "I strongly disagree with the notion that imports of steel and aluminum, automobiles, and auto parts somehow could pose a national security threat," Grassley said, according to his prepared remarks. "Senator Portman and others have already introduced legislation to narrow the scope of how an administration can use the power that Congress authorized in 1962 under the influence of the Cold War (see 1808010048). "I believe that these efforts serve as a prudent starting point for the discussion we need to have on Section 232 authority in the next Congress."
Although PricewaterhouseCoopers expects trade will not return to normal with China for more than three years, experts on a Dec. 20 webcast said clients are mitigating increased tariffs through a variety of strategies, including lowering customs value, bonded warehouse use, modifying tariff codes and negotiating with suppliers or customers. "Probably 20 percent can be mitigated without making any changes to the supply chain," said Scott McCandless, a trade policy specialist for the firm.
The Government Accountability Office has agreed to look into the Commerce Department's steel and aluminum tariff exclusion process, though it cannot begin the study for about three months. Sen. Pat Toomey, R-Pa., one of the requesters, announced the GAO decision on Dec. 19. "I hope GAO's review produces recommendations for fixing this flawed process so more Americans are spared from these onerous taxes," Toomey said in a press release. The GAO said in its letter to Toomey that "staff with the required skills will be available to initiate an engagement in about three months." Sen. Tom Carper, D-Del., who joined with Toomey and Sen. Doug Jones, D-Ala., in requesting an investigation said that "as of this fall, the Department of Commerce had received nearly 50,000 exclusion petitions from American manufacturers seeking relief from these misguided tariffs." Carper said the "Commerce Department has not only created a broken and convoluted exclusion process, but the agency has only managed to issue decisions in a third of these 50,000 pending cases."
The World Trade Organization agreed to form a panel on whether Russian retaliation for U.S. steel and aluminum tariffs is illegal, at the Dec. 18 meeting of the Dispute Settlement Body. A Russian official said its delegation was bewildered to hear the U.S. say that Russia is undermining WTO rules "when it is the U.S. arbitrarily imposing additional duties on steel and aluminium and using them as a squeezer in order to allow the US, with different degrees of success, to get trade concessions from certain members," a summary of the meeting said. According to a Geneva trade official, there now have been five panels formed on retaliatory tariffs responding to the Section 232 tariffs. At the same meeting, the U.S. blocked a first request by China to form a panel to judge whether U.S. tariffs on Chinese goods under Section 301 are legal. Its delegation said that the two parties are in negotiations, and that's the right place to settle the conflict, not the WTO. The panel will automatically be authorized at next month's Dispute Settlement Body meeting. China said U.S. tariffs are damaging the global economy and damaging global industrial supply chains.
The Court of International Trade held oral arguments Dec. 19 in a case filed by steel importers alleging that Section 232 tariffs are unconstitutional (see 1806270036). The American Iron and Steel Institute, which filed an amicus brief in the lawsuit, put out a statement Dec. 19 that said: "We continue to strongly believe this case is without merit and the effort by importers of foreign steel to undermine the Section 232 relief through this case is bound to fail. Congress acted within its constitutional authority when it authorized the president to take action to adjust imports, when the Secretary of Commerce has determined that such imports threaten to impair the national security."
A half-dozen members of the House Ways and Means Committee -- including the outgoing Trade Subcommittee chairman -- sent a letter to U.S. Trade Representative Robert Lighthizer saying the steel and aluminum tariffs on Mexico and Canada need to go. Five Republicans, led by Rep. Jackie Walorski of Indiana, signed the letter, as did Rep. Ron Kind, D-Wis. Kind, whose dairy farming constituents are among those hurt by Mexican retaliation for the tariffs, is interested in leading the Trade Subcommittee next year. They wrote that "we urge you to put the highest priority on lifting the steel and aluminum tariffs and retaliation entirely as soon as possible, and certainly before congressional consideration." The USTR has said he is working on finding a solution to the tariffs on Mexico and Canada, but has not offered a timeline for when agreement might be reached. Only Australia has been given an exemption without a quota so far.