A former U.S. trade representative and a former deputy national security adviser agree that companies that do business in China are stuck between a rock and a hard place, as they will anger China if they disavow abuses in Xinjiang or Hong Kong, but could break U.S. law if they make clothes with Xinjiang cotton.
The day before the first USMCA Free Trade Commission meeting, U.S. Trade Representative Katherine Tai and Canada's trade minister, Mary Ng, talked about how to strengthen North American supply chains, combat forced labor and climate change, and reform the World Trade Organization.
Dairy trade groups complained to U.S. Trade Representative Katherine Tai that consultations have gone on long enough, and said it's time to open a formal dispute with Canada over its implementation of tariff rate quotas for dairy products. “America’s dairy farmers appreciated USTR initiating consultations with Canada on its dairy TRQ allocation measures and the decision to hold USMCA Free Trade Commission discussions to pursue reforms,” National Milk Producers Federation CEO Jim Mulhern said in a May 16 news release. “But Canada has always been obstinate on dairy, and at this stage it is increasingly clear that further action is needed to ensure a fair and transparent enforcement of USMCA.” The 68 trade groups said the dispute must begin because the next TRQ year begins July 1, but a dispute panel would take longer than that to rule.
Mexico and Canada emphasized how the COVID-19 pandemic has proven the need for interlinked supply chains, but U.S. Trade Representative Katherine Tai emphasized supply chains' downside as she, Mexico's economy minister and Canada's trade minister sat down to the first Free Trade Commission meeting of the USMCA. Tai said, "Not only have we discovered the fragility of our supply chains, but we have just begun to appreciate the degree to which they run counter to our collective goals of ensuring that workers within North America, and outside it, are paid a fair wage, in a safe workplace."
Former Trans-Pacific Partnership negotiator Wendy Cutler told an audience for an Atlantic Council webinar that the U.S. cannot rejoin even a renegotiated TPP in the next two years, and maybe not during the next four. Cutler, a vice president of the Asia Society Policy Institute, said that the administration should try to ink mini-deals with TPP countries on digital trade, like it did with Japan, and said that maybe there can be coordination on supply chains or climate and trade. Cutler was also chief negotiator on the Korea free trade agreement.
After the European Union announced May 17 that it will not double retaliatory tariffs on U.S. exports on June 1, exporters expressed relief. More significantly, the joint statement between the EU and Office of the U.S Trade Representative said the two sides are aiming for a united approach to global overcapacity distortions that would allow the 25% and 10% tariffs under Section 232 to be removed at the end of the year. Domestic metal producers welcomed that news, but the union that represents steelworkers reacted with some alarm.
The Mexican ambassador to the U.S. publicized a letter he sent to Labor Secretary Marty Walsh asking for consultations under the Labor Chapter of USMCA over the treatment of agricultural and meatpacking workers. "Although at the federal level labor rights in the United States protect all workers, regardless of their immigration status, in practice, factors such as ignorance, fear and abuse by some employers prevent migrant workers from exercising fully their labor rights in some industries and states," Esteban Moctezuma wrote May 12. He complained that there is no federal regulation for heat stress, and that employers do not comply with rest and bathroom protocols for agriculture workers. He said that agriculture workers are excluded from general wage and hour laws that provide for overtime pay and the right to organize and bargain collectively. Specifically, he said, undocumented workers don't have access to ask for reinstatement to jobs or payment of lost wages under the U.S. labor laws. And he said that officials overlook sexual harassment and violence in both sectors. "For the aforementioned reasons, the Government of Mexico considered it necessary to point out the importance of adequately enforcing its federal regulations to guarantee the labor rights of workers in the agricultural and meat processing and packaging industries in the United States," he wrote.
The European Union announced May 17 that it would not hike tariffs on American goods that are on its retaliation list for Section 232 tariffs, such as whiskey, bourbon, orange juice, cigarettes, steel, motorcycles and yachts. Some items on the list have had a 25% additional tariff since June 2018, others, an additional 10% tariff since then. Europe had been scheduled to double the tariffs on June 1.
U.S. Trade Representative Katherine Tai, in her second day of testimony on Capitol Hill, heard again and again from members of Congress who are hearing from companies in their districts that they want Section 301 tariff exclusions back. She heard repeatedly that the 9% countervailing duties on Canadian lumber are making a bad situation worse. And she heard that the Miscellaneous Tariff Bill and Generalized System of Preferences benefits program should be renewed. On each topic, both Democrats and Republicans shared concerns, though on GSP, Republicans only spoke of the cost to importers, while Democrats worried about the effects of GSP on the eligible countries. Tai testified for more than four hours in front of the House Ways and Means Committee on May 13.
Eighteen senators, led by Sen. Tim Kaine, D-Va., and Sen. Todd Young, R-Ind., are asking the administration to convince Europe to remove 25% retaliatory tariffs on American whiskey before it's scheduled to double on June 1. The tariff was imposed in response to 25% tariffs on European steel. Their May 11 letter said that whiskey exports to the European Union fell by 37% since the tariff went into place, and exports to the United Kingdom fell by 50%. "Like other small businesses involved in the food and drink industry, American craft distillers have struggled during the pandemic, as on-site sales and sales to restaurants and bars declined substantially. Nearly a third of craft distillers’ employees have been furloughed since the start of the pandemic. These employers are just now starting the road to recovery and the continuation, and potential increase, of these tariffs will inhibit this recovery. ... As the Biden administration works to address trade disputes with our allies in Europe, we urge the administration to work to secure the immediate suspension of tariffs on American Whiskey and, ultimately, the permanent removal of all retaliatory tariffs on American, EU, and UK spirits and wine."