Direct negotiations with China are, “at this point, unlikely to yield meaningful results” in curbing Beijing’s unfair trade practices, Emily Kilcrease, senior fellow at the Center for a New American Security, told the U.S.-China Economic and Security Review Commission in written testimony at a hearing Thursday. “China has little incentive to commit to binding rules that will require structural changes to a system they believe works for their economic and political objectives,” she said.
US Trade Representative (USTR)
A U.S. Cabinet level position which serves as the President's primary representative, negotiator, and spokesperson regarding U.S. trade policy. The USTR heads the Office of the United States Trade Representative which develops and coordinates U.S. policy for international trade, commodities, and direct investments, as well as overseeing trade negotiations with other countries.
U.S. Trade Representative Katherine Tai denied Thursday in a Senate Finance Committee hearing that the need she identified a day earlier before House Ways and Means to “turn the page on the old playbook” (see 2203300051) meant that the Biden administration was walking away from holding China accountable for its commitments under the phase one trade agreement. The U.S. needs to “stick with” phase one and enforce the agreement’s “dispute resolution” provisions, Sen. Rob Portman, R-Ohio, told Tai. “If we just say we’re going to forget that and make that part of the old playbook, I think it sends a terrible message,” said Portman, the former USTR under President George W. Bush. “When China makes an agreement with us, in order to fulfill their obligations, we have to exercise our legal rights.” The old playbook, responded Tai, “focused exclusively on pressuring China” to curb its bad trade behavior. “We are not giving up on pressing China,” she said. “All tools remain on the table with respect to dispute settlement and enforcement,” said Tai. “In fact, what I’m saying is we’re committing to doing more work, and our strategy needs to expand.”
The U.S.-European Union Trade and Technology Council shouldn't be seen as a prelude to reentering talks for a comprehensive trade agreement, U.S. Trade Representative Katherine Tai told the Institute of International and European Affairs webinar Wednesday. Though Tai said she would never say never about a new U.S.-EU trade agreement, she thinks the TTC "is quite a comprehensive approach to the most pressing issues," and said she's enthusiastic about its responsiveness to current trade challenges. The TTC held its inaugural meeting Sept. 29 in Pittsburgh, where it agreed to set in motion 10 working groups to address specific tasks before it meets again in the spring (see 2110010037).
The “harmful” Section 301 tariffs on Chinese semiconductor imports “are exacerbating the ongoing chip shortage and slowing our economy,” and they should be eliminated, blogged the Semiconductor Industry Association, following up on Dec. 1 comments urging the Office of the U.S. Trade Representative to reinstate previously extended tariff exclusions. The tariffs, “in their most direct effect,” add 25% to the cost of covered semiconductors, and subsequently contribute to inflationary price increases driven by global shortages and rising demand, said SIA Wednesday. The tariffs “are disproportionately harming the U.S. semiconductor industry and broader U.S. interests, all while failing to put real pressure on the Chinese government to change its unfair trade practices,” it said. USTR didn't comment Thursday.
Trade policy on China should prioritize technology issues and set “benchmarks" for a "phased rollback" of Trade Act Section 301 tariffs, the Information Technology Industry Council wrote new U.S. Trade Representative Katherine Tai Tuesday. It encouraged Tai to "move swiftly" on the commitment she made at her Senate Finance Committee confirmation hearing to install "a transparent, predictable, and rapid process for tariff exclusions.” Reforming the tariff exclusions process would be "very high on my radar" if confirmed, Tai told the committee (see 2102250043). Noting USTR has investigated the digital services taxes policies of several U.S. trade partners, the group asked the agency “to discourage further proliferation of such measures.” USTR didn't comment Wednesday, and ITI didn't answer our queries about whether it got a response from the agency. The Chinese tariffs are “there to be punitive,” rather than to stop China’s allegedly unfair trade practices, ITI CEO Jason Oxman told us in January (see 2011090043).
Best Buy Purchasing and Best Buy Health “have been adversely affected” by the Section 301 List 3 tariffs on Chinese imports, argued the subsidiaries Monday in a complaint (in Pacer) at the U.S. Court of International Trade. It was among the roughly 3,300 suits filed at the CIT since Thursday to vacate the Lists 3 and 4A tariffs, including 700 on Monday, the last filing day for importers to qualify for refunds if the actions are successful. There was some debate Tuesday whether the Monday deadline could be open to interpretation.
U.S. and Chinese trade officials reemphasized their commitment to the phase one trade agreement (see 2001160022) during a Monday call, said the Office of the U.S. Trade Representative. Treasury Secretary Steven Mnuchin, USTR Robert Lighthizer and Vice Premier Liu He participated on the call, which was scheduled for earlier this month before President Donald Trump postponed it (see 2008190030). The call included a discussion on what China has done about intellectual property rights, forced technology transfer and the removal of “impediments to American companies” in the financial services and agricultural sectors, said USTR. The sides also discussed China’s “significant increases in purchases” of U.S. goods and more actions China needs to take to fulfill its phase one commitments. “Both sides see progress and are committed to taking the steps necessary to ensure the success of the agreement,” said USTR. China’s Commerce Ministry called the call a “constructive dialogue," in an unofficial translation. “Both sides agreed to create conditions and atmosphere to continue to promote the implementation" of the phase one deal, it said.
The Office of the U.S. Trade Representative is eyeing additional duties on French products over France’s digital services tax. After determining in December the DST "is unreasonable or discriminatory and burdens or restricts U.S. commerce," USTR said Friday it plans the additional duties of 25%; it will suspend those levies' application for up to six months.
The U.S. and China should “redouble” efforts to “implement all aspects” of their phase one trade agreement (see 2001160022), especially “where implementation appears to be lagging,” 41 trade and business associations wrote Treasury Secretary Steve Mnuchin, U.S. Trade Representative Robert Lighthizer and Chinese Vice Premier Liu He. “Significantly increased” Chinese purchases of U.S. goods in “the coming weeks and months would be mutually beneficial," said CTA, the Information Technology Industry Council, National Retail Federation, Telecommunications Industry Association and others. “We strongly support and encourage” increased Trump administration efforts “to work with the US business community and stakeholders in China to increase export promotion efforts at this critical time” of COVID-19, they said Monday. They hope successful implementation of phase one “will create the necessary conditions” for the start of phase two negotiations “as soon as possible,” they said. Phase two is needed to “address important outstanding issues,” including cybersecurity, digital trade and standards setting, they said. USTR, Treasury and the Chinese Foreign Affairs Ministry didn't comment Wednesday.
China, India, Indonesia and Chile are among the top countries the U.S. is targeting for weak intellectual property protections, the Office of the U.S. Trade Representative said Wednesday in its annual special 301 report (see 1904250052). In a controversial move, the administration singled out Amazon. President Donald Trump and the company have been at loggerheads over some issues.