Jacob Kopnick

The North American auto industry is waiting with baited breath for the panel decision on the interpretation of the auto rules of origin, and for the additional guidance from CBP to the auto industry, according to Dan Ujczo, a USMCA maven with clients in the auto industry. Ujczo, a senior counsel at Thompson Hine, said in a July 6 phone interview that one of the areas where importers need clarity is in how steel in vehicles can be certified as North American before the melted and poured standard arrives in 2027.

Trade ministers meeting at the World Trade Organization in Geneva agreed to a partial solution to harmful subsidies for fishing fleets, an intellectual property waiver for Covid vaccines, and to allow sale of commodities to the World Food Program even if the product is otherwise subject to export restrictions. The countries that attended the ministerial conference also agreed to extend the moratorium on tariffs on electronic transmissions.

A top official in the Office of the U.S. Trade Representative said that opposition to extending a moratorium on tariffs on sales of intangible goods has surfaced before, but that the e-commerce moratorium has been renewed at every World Trade Organization ministerial conference since 1998. "There are a few countries, despite benefiting from e-commerce and digital trade, who continue to resist an extension of the moratorium," she said, but most countries, including in the developing world, see the tariff-free status as important.

Requests for action from the Office of the U.S. Trade Representative should go beyond asking USTR to go and fix a problem via the World Trade Organization, USMCA or other dispute settlement system, said Daniel Stirk, senior associate general counsel at the agency. Speaking on a panel at the Georgetown International Trade Update, Stirk said that instead, trust that the office is already aware of the issue and is taking steps to solve it, and if you still decide to approach USTR, come with thoughtful solutions.

Greta Peisch, general counsel at the Office of the U.S. Trade Representative, said that the USTR will spell out in an upcoming Federal Register notice what opponents to Section 301 tariffs should address as they critique the effectiveness of the tariffs on the vast majority of imports from China, and what information the office would find useful as they undertake the review of the tariffs.

At a joint press conference in Ottawa, U.S. Trade Representative Katherine Tai and Canadian trade minister Mary Ng did not reveal any agreements on trade irritants, but emphasized that they can work out their differences with the trust they share and the strong relationship between the neighboring countries. It was Tai's first trip to Canada since becoming USTR, and she had a full schedule planned, meeting with small businesses, labor groups, and touring a General Motors facility in Markham, Ontario.

Among the 28 motions to instruct for negotiations that will be considered next Tuesday and Wednesday in the Senate, five would affect trade, including one that supports the establishment of an inspector general for the Office of the U.S. Trade Representative.

A Mexican union and a U.S. nonprofit have jointly filed a rapid response complaint against Panasonic Automotive's plant in Reynosa, Mexico. The Sindicato Nacional Independiente de Trabajadores de Industrias y de Servicios "Movimiento 20/32" (SNITIS) says more than 600 workers at the plant asked for SNITIS to be their new union, but the company is collaborating with a Confederación de Trabajadores de México (CTM) union. According to the complaint, there are about 2,000 workers at the plant, who make audio systems and screens for automobiles that are exported to the U.S. and to other markets.

Direct negotiations with China are, “at this point, unlikely to yield meaningful results” in curbing Beijing’s unfair trade practices, Emily Kilcrease, senior fellow at the Center for a New American Security, told the U.S.-China Economic and Security Review Commission in written testimony at a hearing April 14. “China has little incentive to commit to binding rules that will require structural changes to a system they believe works for their economic and political objectives,” she said.

After the Office of the U.S. Trade Representative agreed to reinstate 64% of expired Section 301 tariff exclusions (see 2203230070), business interests said it should go further, while the Coalition for a Prosperous America said the decision was wrongheaded.