The U.S. officially announced the launch of the first round of trade negotiations with the United Kingdom (see 2005040034) on May 5, saying nearly 30 negotiating groups will discuss trade terms over the next two weeks. The first round of virtual talks will be followed by more rounds every six weeks until international travel is safe, the U.K.’s Department for International Trade said. Both sides said they are seeking an “ambitious agreement” and plan to negotiate quickly. “We will undertake negotiations at an accelerated pace,” U.S. Trade Representative Robert Lighthizer said in a statement.
President Donald Trump suggested China may not meet its purchase commitments under the phase one trade deal and threatened to terminate the agreement if the commitments are not met. “We're going to have to see what's going on,” Trump said during a May 3 Fox News town hall event. “They have to buy. And if they don't buy, we terminate the deal. Very simple.”
Mexico and the European Union have reached agreement on a new trade deal, they said April 28. The new deal, which will replace an existing free trade agreement between the countries that took effect in 2000, will eliminate more tariffs on trade between Mexico and the 27 EU member states, and include provisions on “simpler customs procedures,” the EU said in a press release.
The United Kingdom issued arrangements for how it will handle documentation and other information during trade negotiations with the U.S., according to an April 24 notice. The arrangements reflect both countries’ desire to keep the information “confidential,” the U.K. said, although the governments have “the discretion and autonomy to share information with bodies, groups or individuals.”
Brazilian and U.S. business organizations are asking their two countries to reach a trade deal in 2020, “with priority on modernizing trade and customs, establishing good regulatory practices, creating rules for digital trade, and combating corruption,” they said in a letter sent last week and released to the public on April 27. “These trade disciplines can be achieved without requiring either U.S. legislation or Mercosur’s involvement, and they would substantially reduce unnecessary costs and enhance bilateral trade and investment,” they said. Brazil is in a customs union known as Mercosur, or South American Common Market, and thus cannot lower its tariffs without other countries' consent.
Although the hearing scheduled for input on a Kenya Free Trade deal was canceled, comments continue to come in for what the U.S. trade representative's priorities should be.
High-level Office of the U.S. Trade Representative and senior Brazilian officials agreed April 16 to “accelerate ongoing trade dialogue under the Brazil-U.S. Commission on Economic and Trade Relations (ATEC) with a view to concluding in 2020 an agreement on trade rules and transparency, including trade facilitation and good regulatory practices,” USTR said in a statement issued the following day. “They also agreed to engage in domestic consultations, consistent with each country’s domestic procedures, to solicit input on how best to expand trade and develop the bilateral economic relationship,” the statement said.
The Office of the U.S. Trade Representative issued a pre-publication notice April 20 that carmakers must submit draft staging plans under the U.S.-Mexico-Canada Agreement no later than July 1. Their final plans are due by Aug. 31, the notice said. If USTR approves the plans, companies would have five years instead of three to increase regional content and adjust to other changes in the auto rules of origin. In order to be approved, the companies must show how every model can meet the stricter standards, even if that can't be done within the five-year time frame. Many cars imported from Mexico do not meet the current standards and pay the 2.5% duty. “The petitioner also should identify any North American investments and sourcing, preferably by calendar year and location, which will allow such vehicles to meet the standard USMCA rules,” USTR said.
Braumiller Law Group attorneys told webinar listeners April 20 that outside of the automotive sector, the U.S.-Mexico-Canada Agreement has more liberal rules of origin than NAFTA. Jim Holbein said that the decision on whether a product qualifies based on tariff shift is a “much simpler rule to apply. I believe that’ll be useful, particularly if your process for obtaining origin is based all on NAFTA.” He gave the example of a flat-screen TV assembled in Mexico, which currently has content percentage rules. Under USMCA, if the manufacturing process qualifies as substantial transformation, that's enough to count as Mexican.
As a date of entry into force, June 1 “is too aggressive and unrealistic,” said The American Association of Exporters and Importers in a letter sent April 15 to the U.S. trade representative. The organization did not say what day would be late enough for traders, who are affected by the COVID-19 public health emergency. “Many companies have personnel working from home due to COVID-19, which will make responses to queries for data slower, thereby causing delays in the certification process for USMCA,” they said. But they noted that without final regulations, “it is impossible for companies to know if there will be an impact or if supply chains may need to be shifted.” Once the regulations are in place, AAEI said, it will take time to solicit documents from suppliers. The group asked that NAFTA certificates of origin for 2020 continue to be valid during a period of informed compliance until Jan. 1, 2021.