For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
De Minimis. The House Ways and Means Committee amended and reported Dec. 20 the China’s De Minimis Abuse Act (H.R. 7979), which would (1) prohibit the use of de minimis entry for imports subject to antidumping or countervailing duties and/or Section 301, Section 232, or Section 201 tariffs, (2) add a new 10-digit HTSUS classification requirement for all de minimis entries from countries subject to Section 301 tariffs, and (3) establish new civil penalties ($5,000 for the first violation and $10,000 for subsequent violations) for de minimis violations.
GSP. The Ways and Means Committee amended and reported Dec. 17 the GSP Reform Act (H.R. 7986), which would renew the Generalized System of Preferences through Dec. 31, 2030, retroactive to its Dec. 31, 2020, expiration. A committee press release has previously said this bill would also (1) permanently ban China from GSP, (2) increase the competitive needs limitation from $215 million to $500 million to incentivize supply chain shifts out of China and “toward trusted allies,” (3) increase the GSP rule of origin from 35 to 50 percent over time while incentivizing additional U.S. content in GSP-eligible products, (4) create new country eligibility criteria related to agricultural exports, digital trade, and labor and environmental issues, (5) remove countries with growing military and economic ties with China, and (6) establish an expedited petition process for adding products to, or removing them from, GSP eligibility.
Forced Labor. The Ways and Means Committee amended and reported Dec. 17 the Stop China’s Exploitation of Congolese Children and Adult Forced Labor Through Cobalt Mining Act (H.R. 7981), which would require the Forced Labor Enforcement Task Force to lead a comprehensive investigation into the use of forced labor in the cobalt mining industry of the Democratic Republic of the Congo and develop a strategy to ensure that cobalt mined by forced labor does not enter the U.S. market. China processes 90 percent of the world’s cobalt, which is used to power electric vehicles, solar panels, and other green products, and Chinese entities reportedly have ownership stakes in 15 of the DRC’s 19 cobalt mines.
Trade Agreements. The Ways and Means Committee amended and reported Dec. 17 the Stop Executive Overreach on Trade Agreements Act (H.R. 7983), which would define the term “free trade agreement” for purposes of the clean vehicle tax credit to mean agreements that (1) are approved by Congress and (2) eliminate restrictions on substantially all trade with the partner country. A one-pager on the bill said it would end the use of “critical minerals agreements” to qualify as FTAs and thus require the negotiation of traditional trade agreements that open foreign markets to U.S. goods and services in order to qualify more foreign suppliers for the tax credit.
China. S. 5564 (introduced Dec. 17 by Sen. Scott, R-Fla.) would increase the import duty rate on garlic originating from China.
S. 5571 (introduced Dec. 17 by Sen. Scott) would impose sanctions with respect to foreign persons that knowingly engage in significant operations in the defense and related materiel sector or the surveillance technology sector of China.
The International Protection for PRC Fentanyl and Other Synthetic Opioids Act (H.R. 10451, introduced Dec. 17 by Rep. Dunn, R-Fla.) would (1) require Chinese shippers involved in the fentanyl trade to meet U.S. government-defined standards for declaring fentanyl precursors, (2) establish a civil penalty for Chinese cargo vessels deemed non-compliant when attempting to enter U.S. ports, (3) require the president to report to Congress on compliance status, fines levied, and revenues collected, and (4) allocate all fees taken from non-compliant Chinese vessels to fund anti-drug trafficking enforcement.
S. 5648 (introduced Dec. 20 by Sen. Cornyn, R-Texas) and H.R. 10559 (introduced Dec. 24 by Rep. Barr, R-Ky.) would impose sanctions with respect to certain persons of China and prohibit and require notifications with respect to certain investments by U.S. persons in China.
Haiti. H.R. 10435 (introduced Dec. 16 by Del. Plaskett, D-USVI) would extend preferential duty treatment program for Haiti under the Caribbean Basin Economic Recovery Act.
Türkiye. The Countering Turkish Aggression Act (S. 5643, introduced Dec. 20 by Sens. Graham, R-S.C., and Van Hollen, D-Md.) would impose sanctions with respect to the government of Türkiye.
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