For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
Tariffs. House Speaker Mike Johnson, R-La., said last week that he is working to have the House pass by the end of this year a package of China-related legislation that, among other things, would revoke the ability of imports from China subject to Section 301 tariffs to take advantage of de minimis entry procedures.
Members of the House Ways and Means Committee called on U.S. Trade Representative Katherine Tai in a July 11 letter to immediately initiate a Section 301 investigation of Canada’s digital services tax, which Ottawa recently imposed retroactive to Jan. 1, 2022. Such an investigation could result in import tariffs on Canadian goods.
The Providing Reliable, Objective, Verifiable Emissions Intensity and Transparency Act (H.R. 8957, introduced July 9 by Rep. Curtis, R-Utah) could lay the groundwork for the eventual imposition of a U.S. carbon import tax. The bill would require the Department of Energy to publish a study within two years to identify the emissions intensity of covered products produced in the U.S. and compare it with imports of those goods. “By showcasing the lower emissions intensity of American products,” Curtis said, “the PROVE IT Act will bolster arguments for promoting U.S. manufacturing and energy production over foreign competitors.”
S. 4702 (introduced July 12 by Sen. Rubio, R-Fla.) would impose duties on electromagnets, battery cells, electric storage batteries, and photovoltaic cells imported from certain countries.
Sens. Ossoff and Brown wrote to acting U.S. Customs and Border Protection Commissioner Troy Brown June 25 asking how CBP plans to enforce a recent policy change under which solar panels imported duty-free must be installed within 180 days or be subject to countervailing duties. According to the letter, CBP has said it will “vigorously enforce” this requirement, including by “requiring importers to provide CBP a certification of solar module utilization with detailed information about the modules being deployed.”
Regulations. The Bureaucratic Overreach Review Act (S. 4641, introduced July 9 by Sen. Cotton, R-Ark.) would require (1) the Government Accountability Office to identify where the federal courts have relied on Chevron to reach a decision in favor of deference to agency interpretations of laws and (2) federal agencies to review cases where they accorded Chevron deference.
Shipping. The International Maritime Pollution Accountability Act (H.R. 9013, introduced July 11 by Rep. Matsui, D-Calif.) would impose fees on greenhouse gas emissions and other toxic air pollutants emitted by large marine vessels carrying cargo destined for U.S. ports. The revenues from these fees would be used to drive industry-wide efforts to decarbonize ships and port equipment.
Critical Minerals. S. 4712 (introduced July 12 by Sens. Warner, D-Va., and Rubio, R-Fla.) would develop a strategy to ensure that the U.S. and its allies and partners “can count on a diverse and secure end-to-end supply of critical minerals.” Among other things the bill would require an assessment on imposing duties on imported minerals, in particular from China.
Emerging technology. The Protecting American Innovation and Development Act (H.R. 8924, introduced July 2 by Rep. Kim, R-Calif.) would require the Department of Commerce to identify and report on foreign adversary entities (including those affiliated with China, Russia, North Korea, and Iran) using U.S. intellectual property related to a critical or emerging technology area (e.g., hypersonic systems, artificial intelligence, and space technology) without a license.
Exports. S. 4647 (introduced July 9 by Sen. Cardin, D-Md.) would require the transfer of regulatory control of certain munitions exports from the Department of Commerce to the Department of State.
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