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Lighthizer Would Address Chinese Counterfeits, 'Canada's Low De Minimis Level,' as USTR

U.S. Trade Representative nominee Robert Lighthizer vowed to engage with Canada over its "low de minimis level" and is “deeply concerned” about counterfeiting and piracy in China, he told the Senate Finance Committee in writing after a recent hearing (here). Lighthizer said he would consult with Congress and domestic stakeholders on developing a strategy to tackle U.S. export-related concerns with Canada's de minimis level of $20 Canadian dollars. He said an increase in the level could be a "significant issue" for U.S. bilateral and multilateral engagement with Canada. Lighthizer also cited potential negative the impacts of Chinese counterfeits on the U.S. economy, U.S. jobs, health, safety and national security. Lighthizer awaits committee advancement of his nomination to the Senate floor, after his March 14 confirmation hearing (see 1703150042). If confirmed, Lighthizer said, he will use all relevant trade policy tools, including the Special 301 report and “new procedures” provided under the Trade Facilitation and Trade Enforcement Act to address Chinese counterfeits.

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Lighthizer pledged to undertake a review of tools to combat overcapacity issues and to use the Global Forum on Steel Excess Capacity, U.S. trade remedy laws, World Trade Organization litigation, international negotiations and "other mechanisms under U.S. law." Lighthizer also said he would hold China to its commitment during the 2016 U.S.-China Joint Commission on Commerce and Trade to exchange more information with the U.S. on its soda ash capacity (see 1611250037). Lighthizer said that the Office of the U.S. Trade Representative needs more "resources" and that "with whatever we have we'll do the best job we can do." More resources are necessary to monitor other countries' trade commitments, to defend the U.S.' ability to "ensure fair trade," and take action to advance U.S. interests, he said.