U.S. trade representative nominee Katherine Tai said that despite the president's prioritizing of the domestic economy, “I don't expect, if confirmed, to be put on the back burner at all.” Tai, a veteran of the House Ways and Means Committee trade staff, faced largely friendly questioning over a more-than-three-hour hearing in the Senate Finance Committee on Feb. 25.
USMCA
The U.S.-Mexico-Canada agreement is a free trade agreement between the three countries, also known as CUSMA in Canada and T-MEC in Mexico. Replacing the North American Free Trade Agreement (NAFTA) in 2020, the agreement contains a unique sunset provision where, after six years (in 2026), any of the three parties may decide not to continue the agreement in its current form and begin a period of up to 10 years where USMCA provisions may be renegotiated.
The U.S. Chamber of Commerce has warmly endorsed Katherine Tai to be U.S. trade representative. In a letter sent Feb. 23, Executive Vice President Myron Brilliant said her experience at the Office of the U.S. Trade Representative and as chief trade counsel for the House Ways and Means Committee, is invaluable. “She combines policy acumen, negotiating experience, and political savvy,” he wrote. “While one important aspect of USTR’s mission is to address unfair trading practices, the previous Administration’s dramatic expansion in the application of tariffs contributed directly to a manufacturing and agriculture recession well in advance of the [COVID-19] pandemic, and this experience illustrates the perils of an excessive reliance on tariffs. The next USTR must avoid the use of tariffs as a blunt instrument, and must avoid inaction on trade agreements as well,” he said, adding that Tai understands that.
Katharine Tai, President Joe Biden’s nominee for U.S. trade representative, enjoys broad bipartisan support in Congress through her work as a USMCA negotiator when she was House Ways and Means Committee chief trade counsel, Nicole Bivens Collinson, Sandler Travis president-international trade and government relations, told a Sports & Fitness Industry Association webinar Feb. 23. Tai’s Senate Finance Committee confirmation hearing is set for 10 a.m. Feb. 25, and she’s going to be asked a lot of questions about the Biden administration’s posture toward the Section 301 tariffs on China, Collinson said. If all goes as well as expected with her confirmation process, Tai could be sworn in as USTR as soon as March 8, she said.
CBP issued the following releases on commercial trade and related matters:
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely on March 17, CBP said in a notice. Comments are due in writing by March 16.
National Association of Foreign-Trade Zones President Erik Autor told two think tank scholars Feb. 11 that the organization's goal is to get Congress and other policymakers to see how the FTZ program can fit in the broader trade policy agenda. The trade group was disappointed that the USMCA technical fixes returned to the NAFTA rules of origin approach for FTZs, and wants to ensure that language is not repeated in any future free trade agreements, he said during his group's virtual summit. NAFTZ believes that allowing goods constructed in FTZs to receive USMCA benefits, if they meet the rules of origin, supports the new administration's Made in America ethos.
Board members and people who provide services to foreign-trade zones talked about what the National Association of Foreign-Trade Zones should work on now that it lost the battle on USMCA rules of origin treatment for goods produced in those zones. “Now that provision’s back in the act, it’s going to be a real challenge,” said Melissa Irmen, chair of the NAFTZ board. The group wants to make sure a U.S.-United Kingdom free trade agreement doesn't prohibit goods made in FTZs from qualifying for rules of origin, as USMCA does. “They are concerned that the USMCA approach could be a precedent.”
Blueberries will escape Section 201 safeguards, after the International Trade Commission on Feb. 11 voted that the domestic blueberry industry isn’t injured by a flood of imports. As a result of the ITC’s negative injury finding, the commission’s investigation will end, and it will not recommend any import restrictions to the president.
Labor and civil society representatives, along with a former Democratic House Ways and Means Committee staffer, said dramatic changes are needed in the trading system, not just tweaks, to make trade a force for good in the world.
House Ways and Means Committee Chairman Richard Neal, D-Mass., told an online audience Feb. 9 during a Washington International Trade Association conference that the Generalized System of Preferences benefits program will be restored this year, and that the benefits will be retroactive. He added, “I think that for all of its past successes, and I have been a supporter, it needs to be updated to keep us in line with progress as it relates to trade policy.”