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."

The European Union Chamber of Commerce in China on Nov. 22 released its Nanjing Position Paper for 2019-2020, laying out concerns and recommendations of Chamber members doing business in the region, which it says has a particularly high exposure to the U.S.-China trade war. The paper aims to improve conditions for traders and small and medium-sized businesses operating with Nanjing. The paper said that companies operating in and with Nanjing “suffered some of the greatest exposure to the negative effects of the US-China trade war.”

House Ways and Means Committee Chairman Richard Neal, D-Mass., who leads the working group negotiating with the U.S. trade representative over the U.S.-Mexico-Canada Agreement, said he anticipates that USTR Robert Lighthizer will send over text of the changes to the agreement next week. Neal said he spoke with Lighthizer Nov. 14, to tell him he'd be forwarding “a series of, we think, could be make-or-break issues, and that we hoped that he would digest them and then respond to us, fast."

The Commerce Department is slated to take over export control responsibility from the State Department, which would mean Congress would no longer be notified when there are sales of more than $1 million to foreign governments. The final rule is ready for implementation, but Congress could stop it if there's a joint resolution under the Congressional Review Act, which allows Congress to reverse agency rules.

NEW YORK -- The U.S. and China are intertwined, and revealing how deeply that is true is the silver lining of the trade war, according to Dr. Huiyao Wang, president for Center for China and Globalization, a Chinese think tank. Wang said the West mischaracterizes forced technology transfer, intellectual property theft and favoritism toward Chinese companies within China. He said that the American Chamber of Commerce in China is pleased about how the new IP protection law is going to be implemented, and he asked if forced technology transfer is such a burden, why don't you hear companies publicly complaining about it.