Mara Lee

The Congressional Research Service, in a May 1 report, noted that Congress may want to turn its attention to the U.S.-Kenya negotiations not only because of the free trade agreement's potential economic effects, but also because of mandates in the African Growth and Opportunity Act (AGOA) -- Kenya is the second-largest beneficiary of AGOA when oil is excluded.

At the southern border, not every document can be processed electronically yet, but they're working on it, the CBP Laredo Field Office told traders on a conference call May 1. Documents including meat certificates, phytosanitary certificates, bovine paperwork, and CITES certificates are still needed in paper form. Assistant Director of Field Operations Armando Taboada asked those listening to make sure the drivers and runners coming to the Texas port wear masks. “I know Gov. [Greg] Abbott relaxed a little bit of the requirements,” he said, but added, “It’s for our own health and safety, for all of us.” He said most drivers are wearing masks, but there are a few stragglers.

As Thompson Hine lawyers on a webinar discussed exemptions to the Federal Emergency Management Agency restrictions on exports of personal protective equipment, they noted that goods held in bonded warehouses or in foreign-trade zones aren't subject to the controls. As a result, they expect the two to become more widely used over the next year.

Rep. Brad Schneider, D-Ill., said that many of his colleagues think “that we can pull back and do everything ourselves,” and that he thinks they may look at the shortages during the COVID-19 pandemic response as evidence that reshoring is the way to go. “You will see more capacity building in the United States, and that makes sense; the idea we can do it all ourselves is pure folly.” Schneider, who was speaking on a webinar hosted by the Washington International Trade Association on April 28, also thinks there needs to be redundancy in supply chains, and more warehousing and less “just-in-time” delivery.

Eight House Republicans have joined to introduce a bill that would require the U.S. trade representative to submit a report to Congress on how World Trade Organization agreements will be fully implemented. In a press release announcing the bill's introduction on April 24, Rep. Ted Yoho, R-Fla., said: “For too long the United States, and the world, has turned a blind eye to much of China’s unfair practices in business and trade, and it has been the American producer and consumer who has paid the price. It’s time the United States and the global community assert their rights under WTO rules to hold China accountable for its behavior on the world stage and ensure a level playing field for all.” He said his bill would prevent China and other high-income nations from receiving special and differential treatment as developing nations. However, under current WTO rules, countries must willingly give up developing nation status; there is no way to force them to leave that status.

Brazilian and U.S. business organizations are asking their two countries to reach a trade deal in 2020, “with priority on modernizing trade and customs, establishing good regulatory practices, creating rules for digital trade, and combating corruption,” they said in a letter sent last week and released to the public on April 27. “These trade disciplines can be achieved without requiring either U.S. legislation or Mercosur’s involvement, and they would substantially reduce unnecessary costs and enhance bilateral trade and investment,” they said. Brazil is in a customs union known as Mercosur, or South American Common Market, and thus cannot lower its tariffs without other countries' consent.

Although the auto industry appears to have lost the fight to delay a switchover from NAFTA to the U.S.-Mexico-Canada Agreement, an executive at the organization that represents parts suppliers said they now hope that with give-and-take on the implementing rules and perhaps some flexibility, the industry will be able to make a July 1 entry into force date work.

U.S. Trade Representative Robert Lighthizer notified Congress April 24 that the United States–Mexico–Canada Agreement will enter into force on July 1, 2020. Following that notification to Congress, the U.S. certified to Mexico and Canada that it's ready for the NAFTA replacement to take effect.

Canada said earlier this week that it intends to ask for World Trade Organization permission to retaliate for the U.S. countervailing measures on supercalendered paper that ended in 2018 but were ruled out of bounds in February 2020 by the WTO appellate body (see 2002060059). Supercalendered paper is glossy paper used in advertising inserts, catalogs and magazines. The U.S. had levied 20.18% and 17.87% countervailing duties on two Canadian companies in 2015.

Although the hearing scheduled for input on a Kenya Free Trade deal was canceled, comments continue to come in for what the U.S. trade representative's priorities should be.