Background

For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.

Click here to register for ST&R’s March 12 webinar on the 118th Congress and U.S. trade policy.

China. The Countering Communist China Act (H.R. 7476, introduced Feb. 29 by Rep. Hern, R-Okla.), which sponsors called “the largest and most comprehensive legislation addressing the Chinese Communist Party (CCP) ever introduced in Congress,” would (1) end permanent normal trade relations status for imports of Chinese goods, (2) promote free trade with Taiwan, the Philippines, Indonesia, Thailand, Malaysia, New Zealand, and the United Kingdom, (3) impose trade restrictions on Chinese military and surveillance companies, and (4) restrict outbound investments into Chinese tech companies. Other provisions include incentivizing the manufacture of medical supplies and drugs in the U.S., empowering U.S. trade officials to pursue agreements to diversify and strengthen supply chains, and increasing funding for the enforcement of sanctions against China and prohibitions on imports of goods made in China with forced labor.

The Declaring Our Energy Independence from China Act (S. 3866, introduced March 5 by Sen. Hawley, R-Mo.) would require (1) the imposition of additional 25 percent tariffs on all battery components, solar energy components, and wind energy components imported from China, (2) those tariffs to be increased by five percent a year to a final rate of 50 percent, and (3) a report from the Office of the U.S. Trade Representative detailing the extent to which China has provided industrial subsidies to its battery, solar energy, and wind energy sectors during the preceding 15 years.

De Minimis. House Ways and Means Trade Subcommittee ranking member Earl Blumenauer, D-Ore., helped announced March 6 the launch of the Coalition to Close the De Minimis Loophole, saying the de minimis provision is “not just a threat to American businesses and consumers” but also “is increasingly contributing to the fentanyl crisis ravaging our communities.” In June 2023 Blumenauer introduced legislation that would bar imports from China and certain other countries from using the de minimis provision and require U.S. Customs and Border Protection to collect more information on de minimis shipments.

However, in a letter sent the same day, a group of trade organizations warned senior administration officials that there has been “significant misinformation” about the impact of the de minimis provision on imports made with forced labor, supply chain strains, border enforcement, and fentanyl shipments. The letter instead called this provision “an essential component of America’s economic health and supply chain efficiency.”

Americas. The Americas Act (S. 3878, introduced March 6 by Sens. Cassidy, R-La., and Bennet, D-Colo.; and H.R. 7571, introduced March 6 by Reps. Salazar, R-Fla., and Espaillat, D-N.Y.) would establish a trade and investment partnership of countries in the Western Hemisphere. Among other things this bill would (1) provide up to $70 billion in loans and grants to help companies reshore and nearshore industry from China, (2) establish a pathway for countries in the region to join the U.S.-Mexico-Canada Agreement, (3) solidify regional textile and apparel supply chains, (4) tighten enforcement of the Uyghur Forced Labor Prevention Act, and (5) help ensure trade compliance and protect against criminal activity in regional ports.

GSP. H.R. 7555 (introduced March 5 by Reps. Wasserman Schultz, D-Fla., and Maria Elvira Salazar, R-Fla.) would retroactively reinstate the Generalized System of Preferences, which expired Dec. 31, 2020, through Dec. 31, 2029.

Automobiles. The Closing Auto Tariffs Loopholes Act (S. 3863) would treat motor vehicles produced by a foreign adversary and its controlled entities as if they originated in the territory of the foreign adversary. The Strengthening Tariffs on Chinese Autos Act (S. 3868) would impose an import duty of $20,000 per motor vehicle produced in or by China. The American Subsidies for American Autos Act (S. 3869) would require vehicles to comply with the rules of origin and labor value content criteria of the USMCA to qualify for any federal electric vehicle program. All three bills were introduced March 5 by Sen. Rubio, R-Fla.

Customs. The National Customs Brokers and Forwarders Association of America reports that the Customs Business Fairness Act (H.R. 1453) has become law as part of an appropriations bill (H.R. 4366) signed March 9 by President Biden. This bill allows full subrogation of claims for the payment of customs duties, which NCBFAA has said will protect customs brokers who have paid duties on behalf of importers that subsequently file for bankruptcy.

European Union. Sen. Josh Hawley, R-Mo., urged U.S. Trade Representative Katherine Tai in a March 1 letter to take action to ensure that a new EU law does not unduly restrict U.S. farmers’ access to the EU market. Hawley explained that the EU Deforestation Regulation bans imports of products produced on land that has been deforested since Dec. 31, 2020, and that the regulation’s definition of “deforestation” is so expansive that farmers completing necessary maintenance tasks like clearing out fence lines, combining fields, and constructing farm roads could be “disqualified from the European market.”

Seafood. The Illegal Red Snapper Enforcement Act (S. 3879, introduced March 6 by Sen. Cruz, R-Texas) would require the Department of Commerce to develop a standard methodology for identifying the country of origin of red snapper imported into the U.S.

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