This month, two bills have already been introduced in the House of Representatives that show the division among Republican Party members over President Donald Trump’s authority to impose tariffs. On one side of the debate, Rep. Warren Davidson (R-Ohio) introduced the Global Trade Accountability Act of 2019, which seeks to restore Congress’s constitutional authority over trade and international commerce, including approval on tariffs, duties and quotas. In a brief statement, Davidson stated that the bill seeks to “support the President’s Constitutional authority to negotiate trade deals, and restore Congressional responsibility for reinforcing, improving, and approving trade policy.” The bill would require congressional approval for any “unilateral trade action” by the president – including any of the following actions concerning the importation of an article: (i) a prohibition on the importation of the article; (ii) the imposition of or an increase in a duty applicable to the article; (iii) the imposition or tightening of a tariff-rate quota applicable to the article; (iv) the imposition or tightening of a quantitative restriction on the importation of the article; (v) the suspension, withdrawal or prevention of the application of trade agreement concessions as to the article; or (vi) any other restriction on the importation of the article. Before such trade actions could be implemented, the president would be required to submit to Congress a report providing sufficient details on the proposed trade action, and a joint resolution would have to be approved. Davidson previously introduced the bill in the last session of Congress but the legislation did not advance. It is possible, however, that there may be a shifting of congressional direction on this matter given the ongoing trade dispute with China and recent statements from Sen. Chuck Grassley (R-Iowa) that he, as chairman of the Senate Finance Committee, intends to introduce legislation that would limit the president’s authority to impose tariffs.
Section 301 Investigations
White House Releases Fact Sheet on President Trump’s First Two Years in Office
The White House has released a fact sheet listing the “historic results” of President Donald Trump’s first two years in office. For international trade, these results are listed:
”NEGOTIATING BETTER DEALS FOR THE AMERICAN PEOPLE: President Trump is negotiating fair and balanced trade deals that protect American industries and workers.
- President Trump negotiated a new
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USTR to Begin Furloughing Staff
Three weeks after the partial federal government shutdown began and shuttered most of the trade-related government agencies in Washington, D.C. (see Trump and Trade Update dated December 26, 2018), the Office of the U.S. Trade Representative (USTR) – which had remained fully operational – has indicated that it will begin to furlough staff on…
2018 Year in Review – Overview of President Trump’s Major Trade Actions
International trade and international trade disputes were a predominant focus of President Trump and his trade officials throughout 2018. Thompson Hine’s Trump and Trade team has prepared a slide presentation to provide our readers with a broad overview of the most significant trade actions taken by the Trump administration last year. From the renegotiation of…
U.S. Trade Representative Grants First Round of Product Exclusions for U.S. Imports from China Subject to Section 301 25 Percent Tariff
On December 21, 2018, the Office of the U.S. Trade Representative (USTR) announced its first round of product exclusions for U.S. imports from China receiving a 25 percent tariff increase on July 6, 2018, as part of the Section 301 process. In a December 28, 2018 Federal Register notice, the USTR announced that it…
USTR Announces Delay of Increase in Duties for Section 301 Third Tranche of Products Imported from China
Following a dinner meeting between the two leaders at the G-20 summit in early December, President Donald Trump announced that he and Chinese President Xi Jinping agreed to begin and complete negotiations on certain trade issues between the countries within 90 days. As part of that process, Trump agreed to postpone for 90 days in…
U.S. International Trade Commission Rules that Common Alloy Aluminum Sheet from China Injures U.S. Industry
The U.S. International Trade Commission (USITC) determined December 7, 2018, by a 5-0 unanimous vote of its commissioners that U.S. industry is materially injured by reason of imports of common alloy aluminum sheet from China. This finding follows the determination of the U.S. Department of Commerce’s International Trade Administration (ITA) in early November that such…
United States and China Discuss Trade at G-20 Summit
At a dinner meeting on December 1, 2018, at the G-20 summit in Buenos Aires, U.S. President Donald Trump and Chinese President Xi Jinping agreed to begin negotiations on changes regarding forced technology transfer, intellectual property protection, non-tariff barriers, cyber intrusions and cyber theft, services and agriculture. Both agreed to seek completion of such discussions…
China Section 301 Tariffs: Second Tranche Product Exclusion Requests Due by December 18
On September 18, 2018, the U.S. Trade Representative (USTR) announced the exclusion request process for the Trump administration’s second tranche of products covered under the Section 301 trade action against China for its unfair policies and practices involving forced technology transfers and intellectual property rights. On August 16, 2018, the United States implemented retaliatory tariffs…
USTR Releases Updated Section 301 Report on China’s Policies and Practices Concerning Technology Transfers and Intellectual Property Rights
The Office of the U.S. Trade Representative (USTR) has released an updated Section 301 report concerning China’s forced technology transfers and infringement of intellectual property rights. This report updates the original March 22, 2018 investigation findings and follows the U.S. government’s imposition of import tariffs on July 6, 2018, August 23, 2018 and September 24,…
