China took a “few positive steps” to revise the draft of its export control law (see 2001100047) but should address several key areas of concern for U.S. and Chinese companies, the U.S. China Business Council said in comments released this week. The USCBC asked China to clarify the scope of its export controls and the term “national security,” provide a clearer definition for activities that are “deemed exports,” and consider more relaxed requirements for end-user statements and certificates.

The U.S.-India Business Council praised some aspects of the proposed Indian budget, but said that new tariffs (see 2001270016) on agricultural products, medical devices, auto parts, electronics and electric vehicles are concerning. “Both USIBC and the U.S. Chamber [of Commerce] have long maintained that tariffs raise prices for consumers and create friction with trade partners, ultimately inhibiting economic growth,” the organization said Feb. 2.

Despite resumed talk about tariffs on European autos, U.S. Chamber of Commerce officials say they are heartened by the first signs of progress in months for trade talks between the European Union and the United States. Marjorie Chorlins, the Chamber's senior vice president of European affairs, said with a new team at the European Commission, and the positive comments after the meeting in Davos, Switzerland, between President Donald Trump and EC President Ursula von der Leyen, the business community is feeling new hope for an improvement in relations. The officials spoke during a Jan. 24 conference call.

The U.S. Chamber of Commerce laid out its priorities for trade in 2020, and most of them were well-known in 2019: getting USMCA passed; ending steel and aluminum tariffs; negotiating comprehensive trade agreements with Japan, the European Union and the United Kingdom. But lesser-known priorities are: ensuring that new regulations on foreign ownership of American firms are focused on national security issues, and arguing for a balanced approach in the regulations from the Export Control Reform Act of 2018 that protect “national security without unduly hindering legitimate commerce.” The Chamber also said Jan. 9 that it wants Congress to approve “permanent normal trade relations with Kazakhstan and its graduation from the Jackson-Vanik amendment to the Trade Act of 1974.”

The Commerce Department Bureau of Industry and Security's upcoming proposed rules on emerging technologies will be narrow, impacting only specific slices of technologies, according to a Dec. 17 Reuters report. Commerce is finalizing proposed rules on quantum diluted refrigerators, a rule regulating 3D printing for explosives, “Gate-All-Around Field Effect transistor technology” (GAAFET) and two rules restricting sales of chemicals used to make Russian nerve agent Novichok and “single-use chambers for chemical reactions,” Reuters said. A Commerce rule for GAAFET is in the proposed rule stage, according to a recent Office of Information and Regulatory Affairs notice. A top Commerce official recently pinpointed six categories in which the agency plans to propose the rules (see 1912160032), and BIS officials have said for months the rules will be narrow (see 1912160006, 1911200045 and 1906280057).

With the last round of consumer goods imported from China spared, and a reduction in Section 301 tariffs on about $120 billion in goods that were first subject to additional tariffs Sept. 1, some business interests welcomed the de-escalation, but warned that the U.S. should stay focused on more significant economic reforms in China. The tariffs on List 4a, which are at 15 percent and apply to about 3,800 8-digit tariff lines, will go to 7.5 percent.

Large European companies are increasingly side-stepping U.S.-China trade war tariffs by reorganizing supply chains, while smaller companies are finding creative ways to dodge tariffs or simply eat the costs, according to a Dec. 9 report from the European Union Chamber of Commerce in China. The fact that European companies have “negated” the effects of trade war tariffs “only serves to highlight the futility of bilateral tariffs in a global marketplace,” said Joerg Wuttke, president of the Chamber. “Repetitive swings of the tariff hammer have proven anything but strategic.”

World Trade Organization members have again agreed to extend a moratorium on imposing customs duties on data transfers, the WTO said in a Dec. 10 press release. The moratorium, which has been renewed at every opportunity since 1998, will now remain in effect at least until the WTO’s 12th Ministerial Conference (MC12) in June 2020. WTO members, who were meeting as the WTO general council, also agreed Dec. 10 “to continue work under the existing 1998 work programme on e-commerce in the beginning part of 2020,” the release said. “The work in the run-up to MC12 will include structured discussions on issues that would help ministers take an informed decision by MC12.”

Even though the Democrats won some changes to the new NAFTA that are seen as contrary to business interests -- primarily, removing extended patent protection for pharmaceuticals in Canada and Mexico -- business groups celebrated House Speaker Nancy Pelosi's decision to hold a vote on the trade pact. A vote in the House is expected next week, but a Senate vote won't come until next year.

Democrats in the House insisted that their ideas about how to verify compliance with Mexico's labor laws is a balanced one that respects their sovereignty. Chief Mexican negotiator on USMCA, Jesus Seade, wrote a column published Dec. 4 that said, in Spanish, that there will be no “transnational inspectors,” even though the U.S. has pushed so much for that approach. "If the U.S. stops insisting on the pair of unacceptable ideas that the [Mexican trade group CCE] statement yesterday speaks of, we can soon have a treaty, and a very good treaty," he wrote (see 1912030033). He said that the state-to-state dispute settlement system, broken in NAFTA, "will now be 100% repaired, for all topics and sectors under the treaty."