Jacob Kopnick

The former minister counselor for trade affairs in the U.S. Embassy in Beijing told an audience that in the last few years, Chinese government officials "feel like they've outflanked us on the trade front." James Green, who was speaking on a Flexport webinar on the future of U.S.-China trade policy, said that officials were pleasantly surprised that the tariffs on most exports to the U.S. did not hurt their economy more. And, he said, between sealing the Regional Comprehensive Economic Partnership and applying to join the Trans-Pacific Partnership, they also feel like they have other options for exporting when things with the U.S. sour.

David Spooner, Washington counsel for the U.S. Fashion Industry Association, said that while the U.S. trade representative's China policy speech was underwhelming, he doesn't think the possibility of renewing 549 exclusions that expired at the end of last year will be the only olive branch to importers hurt by the China trade war. "Will we see other [expired] exclusions open to renewal? A new window open for exclusions? I hear 'yes.' When that will happen, and what that will look like, remains unclear," Spooner said at a virtual USFIA conference Nov. 9.

U.S. Trade Representative Katherine Tai said that the administration is "very supportive" of Leveling the Playing Field Act 2.0, a bipartisan bill from Ohio's senators that would clarify how dumping calculations are made, would provide for expedited successive investigations when there is an import surge from a new country on a product subject to a trade remedy order, and would address extraterritorial subsidies (see 2104160037)

Nominees for the envoy to the World Trade Organization whose rank is at a deputy level in the Office of the U.S. Trade Representative, and the first-ever deputy USTR for Innovation and Intellectual Property, avoided specifics when questioned by Senate Finance Committee members on WTO negotiations. But Maria Pagán and Chris Wilson assured the senators that they understand what their views are and that their issues are also priorities for the administration.

The U.S. summary of a weekend call between U.S. Trade Representative Katherine Tai and China's Vice Premier Liu He, the lead negotiator of the phase one agreement, did not use the word tariffs, though it said the two countries would "consult on certain outstanding issues."

U.S. Trade Representative Katherine Tai said she talked about "ongoing efforts to address global overcapacity in the steel and aluminum sectors and shared challenges posed by non-market economies" when she met with her European Union counterpart on the sidelines of the G-20 meeting in Sorrento, Italy. The EU did not issue its own readout of the meeting, but Valdis Dombrovskis tweeted, "Met [the] USTR, Ambassador Tai, to continue our discussions on finding a settlement on the Trump steel & aluminium tariffs #232. The work continues." He has previously said that an agreement on Section 232 tariffs on steel and aluminum has to be reached by early November in order to prevent retaliatory tariffs from doubling on Dec. 1. Those retaliatory tariffs have hurt the export of American spirits.

The rollout of the new China trade policy looks a lot like the old China policy, with a new chance at Section 301 exclusions and all the tariffs remaining for now. U.S. Trade Representative Katherine Tai suggested during the speech on the results of the China policy review that she doesn't have much hope for getting more structural reform that the phase one China agreement did not secure.

Most trade groups and companies that have filed comments so far on extending Section 301 tariff exclusions on COVID-19 pandemic-related imports from China want those tariffs to continue to be waived. Comments were due Sept. 27. The Office of the U.S. Trade Representative announced Sept. 27 that it will temporarily extend the exclusions to Nov. 14, rather than Sept. 30, so that agency employees can have more time to analyze public comments (see 2109270044).

U.S. Trade Representative Katherine Tai met with Korean Trade Minister Yeo Han-koo Sept. 13, and in a summary of that meeting, she said she emphasized the importance of advancing workers' rights through the U.S.-Korea Free Trade Agreement, as well as using KORUS to resolve bilateral issues.

Government representatives from the State Department, the Office of the U.S. Trade Representative and Homeland Security and an official from the International Labor Organization reminded importers that there are tools to help them source responsibly, such as "Better Work," Responsible Sourcing and "Comply Chain." Josh Kagan, acting assistant U.S. trade representative for labor, told attendees "we want to be in partnership with the business community and recognizing that you are an important player in the global fight against forced labor." The speakers were convened at a U.S. Chamber of Commerce virtual event July 30 called "Tackling Forced Labor."