The Biden administration will complete its review of the Section 301 tariffs "this fall," U.S. Trade Representative Katherine Tai wrote to senators, and while she did not commit to any course of action, she wrote: "As part of the 4-Year Review of the Section 301 tariffs, USTR is reviewing the effectiveness of the tariffs in achieving the objectives of the investigation, as well as the effect of the tariffs on consumers, workers, and the U.S. economy at large. As part of this review, we are considering the existing tariffs structure and how to make the tariffs more strategic in light of impacts on sectors of the U.S. economy as well [as] the goal of increasing domestic manufacturing."
Exports to China
A former senior export control official with the Commerce Department told the House Select Committee on China that he thinks the Entity List is ineffective against China, because countries can change their names, establish partnerships, change locations, and because the Entity List is a "meat cleaver" approach, given that listed parties are subject to very strict licensing requirements.
The World Trade Organization's published agenda for the Dispute Settlement Body's July 28 meeting includes U.S. status reports on the implementation of DSB recommendations on antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; and Section 110(5) of the U.S. Copyright Act. Status reports are also expected from Indonesia on measures related to the import of horticultural products, animals and animal products, and from the EU on measures affecting the approval and marketing of biotech products.
Sen. Marco Rubio, R-Fla., reintroduced a bill that could impose “secondary sanctions” on companies doing business with entities that have been sanctioned for Uyghur-related human rights abuse in China’s Xinjiang region. The Sanctioning Supporters of Slave Labor Act, which was also introduced last year (see 2208020061), aims to better hold companies “accountable” for doing business with businesses tied to forced labor, Rubio said July 19. He said companies that “continue to do business with these sanctioned entities can still access the U.S. financial system,” adding that “not only should China’s genocidal regime answer for the crimes they are committing but also the companies that profit from these atrocities.”
A State Department official this week denied allegations that the agency has held back sanctions and export controls in an effort to limit damage to the U.S.-China relationship, saying the Biden administration continues to enforce a range of human rights-related trade restrictions against Beijing. But the official also said the administration hasn’t yet imposed mandatory sanctions under the Uyghur Human Rights Policy Act of 2020 and was accused by at least one lawmaker of failing to comply with a congressional subpoena that sought information on sanctions against China.
A bipartisan bill recently introduced in the House would give the Committee on Foreign Investment in the U.S. the power to block all U.S. land purchases by entities from certain “foreign adversary” countries and require mandatory CFIUS filings for those entities buying land near all American military bases. The Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act, introduced last week, also would establish a “presumption of non-resolvability” for those reviews, which would require the committee to assume at the outset that any national security concerns can’t be resolved.
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The Global Investment in American Jobs Act, a bill that directs the administration to produce a report on the effect of trade barriers to U.S. digital exports and on the extent of foreign direct investment in U.S. companies by state-owned enterprises, passed the House of Representatives by a 386-22 vote July 17. There is no similar bill introduced in the Senate.
The U.K. blocked or ordered foreign investments to unwind five times from April 2022 to March 2023, the country said in its 2023 report on its National Security and Investment Act. The report, released this month, said the U.K. received 866 investment notifications, clearing about 93% of them within 30 days and intervening in 15 instances for national security reasons. It didn’t issue any penalties.
The Biden administration’s potential outbound investment screening program could feature a combination of notification requirements and, in some cases, outright prohibitions on American investments in China, Treasury Secretary Janet Yellen said this week. She also offered the administration’s strongest comments to date in support of a new investment screening regime, saying there’s a “good chance” the U.S. issues the rules.