Mara Lee

Claims that a ban on single-use plastics is a trade restriction prohibited in the USMCA are wrong, seven Democratic senators, led by Sen. Dianne Feinstein, D-Calif., wrote to U.S. Trade Representative Robert Lighthizer and Canada Trade Minister Mary Ng. The senators' Dec. 7 letter said the industry groups incorrectly argue the ban “would not be based on sound science. In fact, the science clearly shows the detrimental impact of single-use plastics. An estimated 11 million metric tons of plastic waste enters the oceans each year.”

Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said that he hopes that a technical fixes bill for USMCA can pass this month, but its passage is hung up on whether goods manufactured in foreign-trade zones should be able to benefit from USMCA if those goods meet the rules of origin.

China's attempts at using economic tools, such as export controls on rare earth minerals or punishing imports from Australia, have only been somewhat successful, according to Maximilian Ernst, the speaker on the American Institute for Contemporary German Studies webinar Dec. 7, called “How to Respond to China’s Carrots and Sticks? Prospects of a Transatlantic Response to Chinese Economic Coercion.” Ernst is researching Chinese coercion for a Ph.D.

Former House Speaker John Boehner, an Ohio Republican, and a former Democratic congressman both say that trying to return to the Trans-Pacific Partnership can't happen in the medium term. Boehner and former Rep. Joe Crowley of New York were speaking on a Meridian International Center online program Dec. 4. Boehner said that “without Trade Promotion Authority, the administration's hands will be tied” on joining the TPP. He said it would be “a pretty tall ask” to get TPA renewed in 2021. “I think there will be engagement” on trade with Asian countries other than China, he said, adding: “I think it will be pretty small.” Crowley agreed, saying that although the incoming Joe Biden administration seems inclined to multilateral trade approaches, “TPP, it's a big, big, big step. I don't see that happening in the first two years.”

House Ways and Means Committee member Stephanie Murphy, D-Fla., said that although “the politics of trade are fairly tricky,” she feels confident in saying “things can't get any worse” for free trade during the Biden administration. Murphy, one of two members of the House speaking on a Cato Institute webinar about what to expect in trade with a new president, said she's encouraged by President-elect Joe Biden's choices for the secretaries of the treasury and state, and the head of the National Security Council, because all of the individuals recognize that trade is an important tool in foreign policy.

Sen. John Cornyn, R-Texas, led a bipartisan letter to U.S. Trade Representative Robert Lighthizer arguing that he should not push for returning treatment of foreign-trade zones to the NAFTA approach, and instead, should allow goods manufactured in those zones to receive tariff benefits if they meet USMCA rules of origin. This issue has been hanging up a technical fixes bill since the summer (see 2007200021).

The European Union's equivalent of secretary of state is calling for coordination with the U.S. on regulatory conformity, choosing a new director-general at the World Trade Organization and restoring the appellate body there, in a policy paper released Dec. 2. High Representative of the Union for Foreign Affairs and Security Policy Josep Borrell Fontelles said they need to intensify trilateral work between the EU, Japan and the U.S. on how to address market-distorting practices that WTO rules aren't effective in addressing. “We should also work together to bring forward the WTO e-commerce negotiations,” he said.

Although members of Congress have complained that Canada's tariff rate quota changes do not comply with USMCA commitments (see 2008280003), a Nov. 20 Congressional Research Service update on USMCA's agricultural provisions says that dairy exports to Canada in the third quarter of 2020 were 10% higher than in the third quarter of 2019 and 9% above the same period in 2018. It also noted that after four years of decline of U.S. exports of poultry and eggs to Canada, poultry meat exports grew 8% in the third quarter this year compared with the same quarter in 2019, but were only 3% higher than in the third quarter of 2018. Egg exports were flat.

Former U.S. Trade Representative Susan Schwab said that although President-elect Joe Biden has signaled that trade is not a priority for him, he is unlikely to be able to put it on the back burner completely until the COVID-19 crisis and economic recession are resolved. “Trade is going to come to them even if they don’t necessarily want to go to trade,” she said during a Peterson Institute for International Economics Trade Talks interview Nov. 24. When Biden is at a G-7 or G-20 meeting, and other heads of state bring up trade, “What are you going to do? Say, 'I'm not going to do trade for the next two or three years'? So, you can’t underestimate what happens when [India's] Prime Minister [Narendra] Modi wants to talk to you about trade. Or [China's President] Xi Jinping wants to talk to you about trade. Or [German Chancellor] Angela Merkel wants to talk to you about trade.”

House Ways and Means Committee member Rep. Jimmy Panetta, D-Calif., has a district full of farms growing grapes, berries, lettuce, artichokes, garlic or other non-commodity crops. His constituents want export markets, so opening trade negotiations is popular in Central California. Panetta, who was interviewed online by the Washington International Trade Association on Nov. 23, said there needs to be a lot of education in the Democratic caucus on why a renewal of Trade Promotion Authority is important before it expires July 1.