Almost half of the Senate's Republicans and a third of its Democrats are asking U.S. Trade Representative Katherine Tai to open an exclusion process for all importers of Chinese goods covered by Section 301 tariffs, and to presumptively exclude any product of which nearly all the imports are coming from China. Lead authors Sen. Rob Portman, R-Ohio, and Sen. Tom Carper, D-Del., say that if importers haven't moved out of China after years of higher tariffs, that "suggests that moving these supply chains out of China is uniquely unlikely, and that our efforts to diversify production locales and reshore manufacturing would be better spent on other products."
The House passed its China package, the America Competes Act, on a nearly party-line vote, with one Democrat dissenting and one Republican voting for it. The America Competes Act and the Senate's U.S. Innovation and Competition Act both propose subsidizing American semiconductor manufacturing and both propose investing in science research to better counter China's play for technological dominance, but the House version spends far more money and includes some priorities that the Senate did not, such as $2 billion annually for climate change foreign assistance and a generous reauthorization of Trade Adjustment Assistance. The vote was 221-210.
Panelists at a Washington International Trade Association conference Feb. 2 said they're not sure when the supply chain crisis will ease, noting the U.S. brought a record number of containers into the country last year. Jonathan Gold, the National Retail Federation's vice president for supply chains, said he expects the amount to be even higher in 2022.
Amendments that would have directed the Office of the U.S. Trade Representative to broaden access to Section 301 exclusions and would have liberalized the Generalized System of Preferences benefits program will not get a vote when the America Competes Act gets a vote on the House floor this week, but the Ocean Shipping Reform Act will get a vote. That bill passed the House last year, but has not gotten a vote in the Senate.
The Court of International Trade heard oral argument on Feb. 1 over whether lists 3 and 4A of Section 301 tariffs were properly imposed, marking one of the largest cases in the CIT's history. The hourslong affair saw the judges push back on arguments made by both the Department of Justice and the plaintiffs, with significant attention paid to the procedural elements of the president's decision to impose the retaliatory Section 301 tariffs on billions of dollars worth of Chinese goods. In all, the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves heard from the Department of Justice, counsel for the test case plaintiffs HMTX Industries and Jasco Products, and amici.
Sandler Travis managing principal Nicole Bivens Collinson said that Sandler Travis is working with companies to develop comments to the federal government on how to implement the Uyghur Forced Labor Prevention Act (see 2201210031) because a lot of companies don't want their names on their comments. "We are creating an ad hoc coalition because I know a lot of companies don't want to go on record," partly "because they may be a global operation that has operations in China," she said, while speaking on a recent webinar hosted by the firm. China prohibits companies from adhering to foreign laws that negatively impact the country.
The Americans for Free Trade coalition, which would like the Section 301 tariffs removed entirely, said Congress must act to spur the Office of the U.S. Trade Representative to institute a broad exclusion process for the China tariffs. The group sent a letter to the House speaker and minority leader asking that two amendments on an exclusion process be allowed a vote, and they said they encourage members to vote for the amendments.
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."
The following lawsuits were filed at the Court of International Trade during the week of Jan. 24-30: