Trade Law Daily is a service of Warren Communications News.

Senate Confirms Lighthizer as USTR

The Senate on May 11 confirmed Robert Lighthizer as U.S. trade representative (here). Lighthizer is the last of President Donald Trump’s Cabinet-level nominees to be confirmed, after partisan tensions over miners’ health benefits and a legislative waiver to exempt Lighthizer from a foreign representation prohibition for USTRs complicated his path to Senate approval (see 1702150047 and 1701250061). Lighthizer was an attorney for Skadden Arps from 1985 to 2017 and was deputy U.S. trade representative before that.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The confirmation also follows a May 10 letter (here) from Republican Sens. Ben Sasse of Nebraska and John McCain of Arizona to Lighthizer expressing their opposition to the nominee over concerns that he doesn’t appreciate the economic benefits and job creation brought by NAFTA, that he wouldn’t champion agriculture as USTR, and that he wouldn’t negotiate trade deals that protect U.S. consumers and expand economic growth. “These concerns, along with the need for Congress to grant you a waiver to serve in the Trump Administration in a must-pass omnibus spending bill is troubling,” the senators wrote. The senators also cited a “vocal advocacy” by Lighthizer “for protectionist shifts in our trade policies.” The senators said the fewer trade barriers carried in NAFTA make it easier for Americans to earn a living, and said Lighthizer’s “well-known” skepticism of NAFTA is “alarming,” adding that a trade war with NAFTA partners would be concerning.

In contrast with Republican colleagues Sasse and McCain, Senate Finance Committee Chairman Orrin Hatch, R-Utah, urged confirmation of Lighthizer just before the vote, saying on the Senate floor that he recognizes the importance of intellectual property protection and will hold trade partners accountable. “I am confident that Mr. Lighthizer is up to the task,” Hatch said. “As Chairman of the Senate committee with jurisdiction over our nation’s trade policy, I am committed to working with him to ensure that we advance a trade agenda that will grow our economy, create more jobs, and expand market access around the globe for America’s farmers, ranchers, and manufacturers.”