Trade Law Daily is a Warren News publication.
Bipartisan Condemnation on Huawei

Tech Relieved Latest Tariffs on Hold; Huawei May Get Leeway

Tech and business groups hailed President Donald Trump’s decision postponing the fourth installment of tariffs as his administration tries to negotiate a comprehensive trade deal with China, though three existing rounds of tariffs stay as is. Bipartisan condemnation greeted Trump’s surprise announcement he will let U.S. companies resume shipments to Huawei, though the tech-equipment giant remains subject to Commerce Department export administration regulations and entity list restrictions (see 1905160081).

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.

We’re going to work with China on where we left off, to see if we can make a deal,” Trump told an Osaka, Japan, news conference Saturday as the G20 summit wrapped up. Trump “promised” Chinese President Xi Jinping “that, for at least the time being, we’re not going to be lifting tariffs on China,” he said.

Trump “wisely decided against imposing more tariffs on China, but we still need a trade deal that removes all tariffs,” said CTA President Gary Shapiro Saturday. “Tariffs on Chinese imports already cost the American tech sector an additional $1 billion per month, and new tariffs would crush many small businesses and startups.”

CTA supports a bill to boost congressional oversight of Office of the U.S. Trade Representative decisions to impose or hike import tariffs, said Shapiro Monday. The bill “makes it clear that Congress has exclusive Constitutional authority to impose tariffs and has only delegated such power to the Executive branch in limited circumstances,” he said.

The Information Technology Industry Council is “encouraged” the U.S. and China “agreed to continue negotiations without further escalation of the mutually damaging trade war,” said CEO Jason Oxman. “We are also relieved that President Trump has reconsidered his threat to impose additional tariffs, which would have accelerated harm to all American consumers, workers, and businesses of all sizes.”

Tuesday’s deadline for filing post-hearing rebuttals is the last milestone in the List 4 rulemaking proceeding. USTR didn’t comment Monday.

I highly doubt they will issue anything,” emailed CTA Vice President-International Trade Sage Chandler Monday. “They would have to publish the final ‘list 4' if and when tariffs are set to go in to effect, but are under no time frame by when that must happen.”

Trump and Xi agreed in Osaka to delay discussion of U.S. sanctions against Huawei “until the end” of the trade negotiations, said Trump at the news conference. “Huawei is a complicated situation.” U.S. companies nevertheless can now “sell their equipment to Huawei,” he said. “I’m talking about equipment where there is no great national emergency problem with it.”

American tech companies were “very upset” with the decision putting Huawei on the entity list, said Trump. “I like our companies selling things to other people. So I allowed that to happen.” Micron Technology, which said last week it faces a possible $200 million revenue hit from lost sales to Huawei (see 1906260002), didn’t respond to emails Monday seeking comment. Huawei also didn't comment.

The two leaders “did discuss Huawei” in Osaka but not the “situation” of Chief Financial Officer Meng Wanzhou, said Trump. Meng is facing possible extradition to the U.S. from Canadian detention on DOJ’s 13-count indictment against her and Huawei on bank fraud, obstruction of justice and other allegations.

Huawei is one of the few "potent levers we have to make China play fair on trade,” tweeted Senate Minority Leader Chuck Schumer, D-N.Y. If Trump "backs off" Huawei, "as it appears he is doing, it will dramatically undercut our ability to change" China’s unfair trade practices, he said.

House Intelligence Committee Chairman Adam Schiff, D-Calif., tweeted Trump’s decision to “cave” to China on the Huawei restrictions was just one foreign policy point in the administration’s overall foreign policy “doctrine.” 2020 Democratic presidential contender Rep. Tim Ryan of Ohio called Huawei a “national security threat” and tweeted Trump “is turning his back on the safety and security of the American people. It’s flat-out wrong and dangerous.”

Congress will need to put the Huawei measures "back in place through legislation" if Trump “has in fact bargained away the recent restrictions," tweeted Sen. Marco Rubio, R-Fla. “And it will pass with a large veto proof majority.” Trump “made a catastrophic mistake” if he agreed to ease the restrictions, Rubio said. “It will destroy the credibility of his [administration’s] warnings about the threat posed by” Huawei and “no one will ever again take them seriously.” Rubio and two other Republican senators -- Ted Cruz of Texas and Mitt Romney of Utah -- unsuccessfully attempted (see 1906270051) to attach anti-Huawei language to the FY 2020 National Defense Authorization Act (S-1790).

We need less Huawei, not more Huawei,” tweeted Sen. Marsha Blackburn, R-Tenn., a member of the Commerce Committee. “They want their equipment and networks to be the future of spying. It’s time to stop them in their tracks.” House Armed Services Committee member Rep. Jim Banks, R-Tenn., questioned why Trump is “surrendering one of the United States’ key pieces of leverage before beginning new trade negotiations with China? Why not keep #Huawei on our blacklist until China demonstrates a change in behavior?”