Even though companies that make cars in North America are going to have to change sourcing to meet stricter rules of origin under USMCA, the director of international public policy for Toyota and the head of Canada's auto parts trade group say they expect carmakers to do so to keep the tariff benefits. Toyota's Leila Afas noted that automakers don't have to comply with trade agreements to import, but said, “I believe many will choose to comply with USMCA.” Afas and others discussed USMCA issues during an Oct. 14 webinar hosted by Rice University.
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There is a desire for more “uniformity” for country of origin and marking under USMCA, similar to the rules in Part 102 of NAFTA, said Heidi Bray, manager-U.S. and global customs compliance for Fiat Chrysler Automobiles. Bray and other Commercial Customs Operations Advisory Committee members mentioned a variety of USMCA “challenges” during the Oct. 7 COAC meeting. She said she thinks it would be a good idea to bring back a USMCA working group to discuss those issues.
The U.S.-Japan mini-deal is not consistent with World Trade Organization rules, a former White House trade negotiator said, so the two sides mentioned a future phase two deal to cover substantially all trade to convince Japan's parliament to pass the accord. Because of the way the deal was structured, with small tariff reductions for Japanese exporters, it did not require a vote in Congress, Clete Willems, speaking recently on a webinar for University of Nebraska students, said. In calling the mini-deal phase one, “I think both sides were playing it cute, to be honest,” Willems, now at Akin Gump, said. He said Japan was not interested in a comprehensive bilateral trade deal, because it still wants the U.S. to rejoin the Trans-Pacific Partnership.
A lead negotiator for the Trans-Pacific Partnership released a paper arguing that reentering the rebranded Comprehensive and Progressive Agreement for TPP is still the best way to deal with China's trade distorting practices, but her paper, and speakers on a Sept. 30 webinar, revealed the many barriers to reentry.
Mexico's cabinet members in charge of implementing labor law changes and managing the USMCA more broadly said they are helping the private sector evaluate whether businesses could be a target of the rapid response mechanism, and they are working on the four-year process of democratizing labor unions in the country. Labor Secretary Luisa Maria Alcalde de Lujan said new laws include eliminating the former arbitration system, which was part of the executive branch, and creating a system of labor judges.
As trade and labor attorneys wait to see which company is the target of a promised AFL-CIO rapid response complaint, Warren Payne, a senior adviser for Mayer Brown's public policy and international trade practices, said there can be informed speculation on who might be first.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet Oct. 7, remotely, beginning at 1 p.m. EDT, CBP said in a notice. Comments are due in writing by Oct. 6. The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate and formulate recommendations on how to proceed on those topics:
While the changes to de minimis for Canada and Mexico have been heavily discussed, Doug Band, the Canada Border Services Agency's director general of trade and anti-dumping, directed traders to the revisions' finer points during a CBP Virtual Trade Week seminar on the USMCA, known as CUSMA in Canada.
Twenty-three senators from both political parties urged U.S. Trade Representative Robert Lighthizer and Agriculture Secretary Sonny Perdue to press Canada to uphold its promises to give U.S. dairy exporters more market access. In a letter, released by Sen. Tina Smith, D-Minn., Aug. 26, they said that they agree with concerns about enforcement of USMCA dairy provisions expressed in a July letter sent by House members (see 2007020040), and that they are concerned that Canada's plans to fill its quotas are not consistent with those provisions. “Canada must not be permitted to effectively recreate the harmful impacts of Canada’s highly trade-distortive Classes 6 and 7 milk pricing programs,” the Aug. 25 letter said. “Canada must ... clearly establish prices for any new classes based on the end use of dairy products, and ensure that export surcharges for certain dairy products are implemented properly.”