White House Chief of Staff Reince Priebus on Jan. 20 directed the heads of all executive branch departments and agencies to temporarily postpone until March 21 the effective dates of regulations published in the Federal Register that haven’t taken effect. The Trump administration will review “questions of fact, law, and policy” the regulations raise, Priebus said in the memo (here). The directive also instructs agencies to consider proposing for notice and comment rules to delay the effective date even longer “where appropriate and as permitted by applicable law,” with no further action needed for unsubstantial rulemakings and notification of the Office of Management and Budget for regulations that present substantial law or policy questions.
During his inaugural address, President Donald Trump pledged to take an “America First” attitude toward trade and touted a philosophy of hiring Americans and promoting consumption of domestically produced goods. “From this day forward, it’s going to be only America first. America first. Every decision on trade, on taxes, on immigration, on foreign affairs, will be made to benefit American workers and American families. We must protect our borders from the ravages of other countries making our products, stealing our companies, and destroying our jobs,” Trump said on Jan. 20. “We will follow two simple rules -- buy American and hire American.” Trump has indicated some major changes to trade policy will come during his first 100 days in office, including an immediate withdrawal from the Trans-Pacific Partnership (see 1611220016 and 1701190039).
President-elect Donald Trump plans to nominate former Georgia Gov. Sonny Perdue for the position of Agriculture secretary, Trump announced Jan. 19. Following service as an Air Force captain, Perdue became a small business owner, "concentrating in agribusiness and transportation," according to a press release from the Trump transition team. Perdue was governor from 2003 to 2011.
President Barack Obama took executive actions on Jan. 13 to continue the national emergency status for Cuba (here), Iran (here), Libya (here), Ukraine (here), Venezuela (here) and Zimbabwe (here) under the International Emergency Economic Powers Act. The Cuba proclamation also extended the emergency authority restricting movements of U.S. vessels into Cuban territorial waters.
President Barack Obama on Jan. 13 issued an executive order (here) directing the removal of sanctions on property and interests of the Sudanese government, and the removal of prohibitions on imports from and exports to the country, to take overall effect July 12, as outlined in a letter from Obama to Congress (here). "The 180-day delay period of the order's effective date with respect to removing these provisions is intended to encourage the Government of Sudan to sustain its efforts in these areas." Obama's order would also rescind Executive Order 13412, which continues blocking the Sudanese government and specifies prohibitions relating to Sudan's petroleum industry. However, the national emergency regarding Sudan will remain in place, Obama said. Obama tasked the Secretary of State and interagency partners to review Sudanese government actions annually after his order takes effect.
The biggest danger to President-elect Donald Trump’s agenda might be trade protectionism and the incoming administration should build upon the U.S. trade manufacturing surpluses it currently holds over free trade agreement partners, former U.S. Trade Representative Robert Zoellick wrote in an opinion piece published by the Washington Post (here). “Whether the Trump administration negotiates country by country, or with groups, it must not ignore the economies of the Asia-Pacific and the potential of the Trans-Pacific Partnership,” Zoellick said. “In today’s competitive world economy, the United States cannot withdraw in a huff; retreat is defeat.”
President-elect Donald Trump renewed threats to slap heavy tariffs on U.S. auto manufacturers who move jobs overseas, in a Jan. 3 tweet (here) directed at General Motors and its production of the Chevrolet Cruze in Mexico. “General Motors is sending Mexican made model of Chevy Cruze to U.S. car dealers-tax free across border,” the tweet said. “Make in U.S.A. or pay big border tax!” A GM statement responding to Trump acknowledged that the company makes the Cruze hatchback in Mexico for global markets, “with a small number sold in the U.S.,” but noted that the company manufactures all Cruze sedans sold in the U.S. at GM’s assembly plant in Lordstown, Ohio. Trump had previously expressed intentions to raise tariffs to 35 percent on car companies that move jobs to Mexico upon export of cars to the U.S. (see 1611150035).
President Barack Obama issued a presidential proclamation (here) making certain imported products from Nepal eligible to receive preferential duty treatment through a program authorized by the Trade Facilitation and Trade Enforcement Act (TFTEA), and adding the Central African Republic as an African Growth and Opportunity Act (AGOA) beneficiary sub-Saharan African country, among other things. The Harmonized Tariff Schedule will need to be modified to implement duty-free treatment for the Nepal Preference Program in accordance with TFTEA, the proclamation said. The proclamation will also extend until Dec. 31, 2017, the U.S. provision of duty-free access for certain agricultural goods from Israel under the U.S.-Israel Free Trade Agreement. Changes related to implementing the Nepal duty preference program will take effect Dec. 30 and continue through Dec. 31, 2025, according to the proclamation. The U.S.-Israel FTA-related modifications will take effect Jan. 1. It is unclear when the Central African Republic’s AGOA beneficiary designation will enter into force.
The U.S. Court of Appeals for the Federal Circuit on Dec. 15 affirmed a lower court ruling ordering the government to cover attorney’s fees and costs paid by International Custom Products in one of several contentious cases involving a CBP ruling letter improperly revoked without notice and comment (here). The decision likely brings to a close a series of cases dating back to 2005 on a CBP notice of action reclassifying ICP’s white sauce (see 06030725), which led to a 2,400% duty increase and put the company out of business (see 12121239).
Global intellectual property theft is a serious threat​ to U.S. interests, the White House reported Monday. The Intellectual Property Enforcement Coordinator (IPEC) sent Congress a joint strategic plan (here) setting IP rights enforcement as a national priority for three years. It "represents a ‘call for action’ for all nations -- as well as international organizations, industry, educational institutions, and consumer protection and public interest groups -- to provide forward-thinking leadership and a collaborative approach to combatting illicit IP-based activities,” Coordinator Daniel Marti wrote.