Many tech and other interests flooded docket USTR-2019-0004 before the Monday-midnight deadline for comments on the fourth tranche of tariffs on Chinese goods. Most opposed the tariffs on grounds they would harm U.S. businesses and consumers and would do little to stop China’s allegedly bad behavior on intellectual property theft and forced technology transfer. The List 4 goods targeted for Section 301 tariffs of up to 25 percent include “many products Bose imports” to the U.S. from China, commented the manufacturer, posted Monday. Bose products earmarked for List 4 tariffs “generally do not incorporate the types of technology targeted” by China’s IP and tech transfer policies, said the manufacturer. Bose forecasts it will import $450 million worth of goods from China this year. Though the administration claims to have tried to avoid placing tariffs on consumer products, “there is simply no way to protect consumers from tariffs” on List 4, said the Information Technology Industry Council. List 4 includes “finished computing devices and accessories that are used widely," ITI said. Lists 1, 2 and 3 “already placed duties on various types of computer monitors, screens, and networking equipment,” it said: “List 4 tariffs will mean that every single office and home computing machine from printers to standalone desktops to landline telephones -- and even the cables that connect them -- will become more expensive for all" in the U.S. LCD modules Sharp imports from China are used in “a wide array of products” manufactured in the U.S., including cars, watches and phones, commented the company: “Punitive” tariffs on LCD modules would imperil many of those jobs “located within the US manufacturing heartland of the Midwest,” in states “that are so crucial to the President’s upcoming re-election campaign.” Also Monday, tech and other interests testified at the Office of the U.S. Trade Representative against List 4 duties (see 1906170066).
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.
The U.S. and China “intend to continue further discussions,” said the Office of the U.S. Trade Representative in Friday's Federal Register. That notice proposed the 25 percent tariffs on $300 billion in Chinese goods not previously dutied. Requests to appear at hearings on the proposed duties are due June 10 in docket USTR–2019–0004 at regulations.gov, and written comments are due June 17, the same day the hearings are set to begin. Post-hearing rebuttal comments are due seven days after the hearings end. Presidents Donald Trump and Xi Jinping “have maintained contact through various means,” said a Chinese Foreign Ministry spokesperson at a Beijing news conference Friday about media reports suggesting new U.S.-China trade talks were off the table for now.
Some smartphones and TVs from China imported to the U.S. under the 8528.72.64 Harmonized Tariff Schedule are on the list of goods the U.S. will subject to 25 percent duties, as are a broad assortment of other consumer tech goods, said an Office of U.S. Trade Representative notice Monday. The $300 billion in goods on the list (see 1905130022) are the biggest tranche of the four so far and represent virtually all of the remaining Chinese imports not previously dutied. A single day of public hearings on the proposed duties is set for June 17. The notice appears to be flexible on scheduling additional days of hearings. Roughly 350 witnesses testified on the List 3 tariffs in hearings that spanned six days in late August. June 10 is the due date for filing requests in docket USTR-2019-0004 at regulations.gov to appear at the hearing and place in the record a summary of expected testimony at the public hearing. Written comments are due June 17. Smartphones are the largest of eight classifications of consumer tech products that would bear the biggest brunt of the penalties, CTA Vice President-International Trade Sage Chandler emailed us Tuesday. “The import values of the products that hit our members are massive.” The customs value of smartphones imported from China last year under the HTS 8517.12.00 subheading exceeded $44.8 billion, said Chandler. Laptops and tablets imported under HTS 8471.30.01 were the next biggest category germane to CTA members, she said, worth $38.7 billion. The broad assortment of goods imported under HTS 8517.62.00 was worth $23.9 billion in 2018 customs value, she said, with smart speakers, Bluetooth headphones, smartwatches and fitness trackers included. Current tariffs have “hurt consumers, rattled supply chains for U.S. manufacturers and businesses, and created uncertainty across economies,” said Naomi Wilson, Information Technology Industry Council senior policy director-Asia. “Additional tariffs threaten to needlessly escalate this conflict.” On the big hit smartphones stand to take should the tariffs go through, CTIA declined comment for now. It may have something to say “in coming days as we discuss further with members,” emailed a spokesperson. AT&T, T-Mobile and Verizon didn’t comment, nor did Apple or Samsung.
For Chinese goods already on their way to the U.S., 25 percent tariffs on $200 billion of Chinese goods that were to have taken effect at 12:01 a.m. Friday (see 1905060028), "the 10 percent duty rate will still apply," said Customs and Border Protection in updated "guidance" Thursday. That was in keeping with Office of the U.S. Trade Representative instructions a day earlier. CBP's new guidance was to correct the agency's errant system update tariffing all Chinese goods at 25 percent if they entered U.S. ports after 12:01 a.m. Friday, regardless of when they left China, in direct contradiction to USTR's instructions, blogged trade lawyer Paula Connelly Thursday. The discrepancy was likely causing "quite a bit of confusion," she said. USTR soon will publish the terms of this List 3 exclusion process, said Thursday's Federal Register notice making the tariff increase legally binding. U.S. importers “should move quickly to assess the impact" of the higher duty rate and "consider whether to prepare an exclusion request,” advised Covington & Burling Wednesday.
The Office of the U.S Trade Representative issued its first list of product exclusions from the 25 percent Trade Act Section 301 tariffs on Chinese imports, granting full or partial exemptions for nearly two dozen 10-digit Harmonized Tariff Schedule subheadings, said a notice posted Friday at the agency’s website. The exclusions apply retroactively to July 6, the date the first tranche of tariffs took effect, and will remain in effect until one year after the USTR’s notice is published in the Federal Register.
A new U.S.-Japan trade agreement should “promote innovation” and U.S. "competitiveness," so it should include “a robust chapter” on digital trade modeled after the text of the U.S.-Mexico-Canada trade deal, testified Charles Freeman, U.S. Chamber of Commerce senior vice president-Asia, Monday at an Office of the U.S. Trade Representative hearing on U.S. negotiating objectives for a free-trade agreement with Japan (see 1811270002). The digital economy “is growing at almost two and a half times faster than the global economy, and trade in digital goods is growing more rapidly than trade in traditional manufactured goods and agricultural products,” said Freeman. Negotiations with Japan are “a real opportunity to set the highest global standard” intellectual property “creativity and innovation,” he said. “Both countries should take this opportunity to advance a model approach to sustainable access to innovation and creativity by promoting respect for property rights and a return of fair value for innovation.” Along similar lines on negotiating objectives for a potential U.S.-EU pact, the Computer & Communications Industry Association wants the USTR to “seek a holistic trade agreement with the EU to reduce barriers and encourage investment across the economy,” it commented Monday in docket USTR-2018-0035. The USTR is “strongly encouraged” to make digital trade a “priority in these negotiations with the EU,” said CCIA. “Failure to do so would be a significant missed opportunity.” Commitments to digital trade in a U.S.-EU agreement “will be important in ensuring continued EU market access for innovative American firms and in establishing a model elsewhere in the world,” said the Software & Information Industry Association. Though the EU’s position is that privacy can’t be subject to a trade negotiation, the U.S. “should nonetheless strive to come to an agreement providing for a positive cross-border data flow commitment,” it said. The U.S. “should also push back against a highly likely EU request for a cultural carve-out,” it said. There also should be an effort “to establish closer U.S.-EU cooperation on both digital and intellectual property rights issues vis a vis third countries,” it said. A hearing on U.S.-EU negotiating objectives is set for Friday. Comments in the docket were due midnight Monday.
Any U.S.-Japan trade agreement should “prohibit” customs duties on digital products and electronic transmissions, commented the Information Technology Industry Council in docket USTR-2018-0034. The Office of the U.S. Trade Representative sought feedback to help shape the Trump administration’s negotiating posture (see 1811270002). It’s “tempting” for governments to consider levying duties or other “blanket fees” on digital goods and services, said ITI. Banning those “unnecessary” costs will eliminate burdens on digital trade and “serve as a vital model for future U.S. trade agreements" everywhere, it said. ITI wants the USTR to use negotiations with Japan to promote joint "cybersecurity cooperation efforts,” and “both countries should affirm that risk-based, consensus-driven, and interoperable cybersecurity approaches are more effective at combatting digital threats than prescriptive, mandatory, and sometimes conflicting regulatory regimes that are emerging" worldwide. ITI also urges the USTR to seek commitments from Japan to allow into the country for testing and demo purposes tech devices that don't yet have regulatory authorization, it said. "Currently, Japan does not allow for the importation of any devices that do not hold regulatory authorizations for these purposes. Adoption of measures similar to FCC provisions allowing imports of products for testing or demonstration will give U.S. firms equal opportunities in Japan’s market."
Digital trade is a “significant competitive advantage for the U.S. economy,” and the Trump administration should view any U.S.-Japan free-trade agreement as an “important opportunity to expand commitments to the free flow of data,” commented IBM in docket USTR-2018-0034. The Office of the U.S. Trade Representative sought feedback to help shape the administration’s negotiating posture in future trade talks with Japan (see 1811260011).
Better protecting U.S. intellectual property rights should be a high priority in negotiating a new trade agreement with Japan, tech groups urged the Office of the U.S. Trade Representative in comments posted this month in docket USTR-2018-0034. USTR sought comment in late October to develop U.S. negotiating positions with the aim of addressing “both tariff and non-tariff barriers and to achieve fairer, more balanced trade.” A “flexible” and “balanced” IP “regime” is critical “for the continued growth of the digital economy,” said the Computer & Communications Industry Association. A U.S.-Japan free trade agreement “should reflect the two trading partners’ commitments to preserving limitations and exceptions in copyright law needed to further innovation,” said CCIA. U.S. trade policy “has long reflected domestic copyright principles by including necessary intermediary protections for online services in trade agreements dating back to 2003,” it said. The “single most important part” of the semiconductor manufacturing industry is its IP, said SEMI, the industry’s top supply-chain trade group. Continued technological development “requires significant resource commitments, and as such, strong global intellectual property protections are a top priority,” it said. “The ability to leverage this intellectual property means that companies in this industry can engage in trade and reinvest revenue into research.” SEMI strongly supports efforts to better protect IP, “and encourages greater enforcement of trade and investment rules,” it said. A Semiconductor Industry Association top negotiating priority is a U.S.-Japan trade deal that ensures access to encryption products, said SIA. “We recommend that all U.S. trade agreements contain specific commitments preventing parties from placing discriminatory restrictions on commercial foreign products with encryption,” said SIA. It also wants a trade agreement that bolsters protections of trade secrets, which remain “extremely vulnerable, especially in jurisdictions with weak laws and/or enforcement practices," it said. SIA warned about "misappropriation of trade secrets enabled or encouraged" by government industrial policy. Comments were due by midnight Monday. The U.S. Office of the Intellectual Property Enforcement Coordinator received comments last week as it looks to put together its next three-year joint strategic plan (see 1811260014).
That U.S. tariffs on $200 billion worth of Chinese imports take effect Monday gives potential challengers, including from the tech and telecom industry, little time to weigh a court challenge blocking the duties before they take effect. The quick turnaround, published in a notice U.S. Trade Representative Robert Lighthizer released Monday (see 1809170053), bore out CTA member companies’ worries the Trump administration would release its order imposing the tariffs soon after the comment period expired Sept. 6. The new tariffs "run afoul of the carefully tailored provisions” of the 1974 Trade Act, “which require any action to be within the scope [an] investigation," said CTA President Gary Shapiro Monday.