The World Customs Organization issued the following releases on commercial trade and related matters:
Although the U.S. trade representative found a way to avoid a congressional vote on a U.S.-Japan trade deal by limiting the size of the initial U.S. tariff reductions, Democrats on the Ways and Means Committee are questioning whether the deal is allowed under the fast-track law. A letter sent Nov. 26, led by Rep. Bill Pascrell, D-N.J., and signed by every Democrat on the committee except the chairman and Rep. John Lewis, D-Ga., did not explicitly say that Democrats believe the law is not being followed, but repeatedly asked under what authority the agreement was reached. Among the specific issues raised were rules of origin or marking rules and whether there would be changes. The letter also asked if there is such a provision, why wasn't it mentioned in the notification to Congress.
House Speaker Nancy Pelosi said the Democrats “are within range” of agreeing on a new NAFTA, adding that “we need to see our progress in writing from the Trade Representative for final review.” Pelosi released the statement in the evening of Nov. 25. She said that the original draft of the U.S.-Mexico-Canada Agreement that USTR reached with Canada and Mexico “still left American workers exposed to losing their jobs to Mexico, included unacceptable provisions to lock in high prescription drug prices, and fell short of key environmental standards,” but most of all, it had no concrete enforcement mechanisms. If Pelosi reaches agreement with USTR, the next step will be a draft implementing bill from USTR, and mock markups in the House Ways and Means Committee and Senate Finance Committee to shape the final bill.
The Treasury Department recently released its annual report to Congress on covered transactions by the Committee on Foreign Investment in the United States during 2016 and 2017. The report includes trend data on the transactions, CFIUS investigations, business sectors involved in CFIUS filings and a “detailed discussion” of the “perceived adverse effects of covered transactions on the national security” of the U.S. The report also contains a section assessing whether there is “credible evidence of a coordinated strategy” by foreign governments to acquire critical U.S. technology. The report said foreign governments are “extremely likely” to use a “range of collection methods to obtain critical U.S. technologies,” saying U.S. tech is targeted by foreign “intelligence services, private sector companies, academic and research institutions, and citizens of dozens of countries.”
House Democrats and the administration have gotten close enough on what the edits to the new NAFTA should be that they have narrowed differences to three, “maybe two and a half," the Ways and Means Committee chairman said Nov. 21. Chairman Richard Neal, D-Mass., had just exited a meeting with U.S. Trade Representative Robert Lighthizer and House Speaker Nancy Pelosi, and Neal said that at the beginning of the meeting, there were five issues separating them.
When the Ways and Means Trade Subcommittee held a hearing on the U.S.-Japan mini-deal, the Office of the U.S. Trade Representative declined to send anyone to testify. Rep. Ron Kind, D-Wis., one of the biggest boosters of free trade in the Democratic caucus, said that absence represents “the disdain the current administration has" for Congress, and its role in setting trade policy. He predicted that "this will have serious ramifications for the next time" Congress has a vote on fast-track authority.
A bipartisan group of senators asked the Commerce Department to reverse its decision to approve Huawei-related export licenses (see 1911200041), saying the move poses significant national security risks. The senators, led by Sens. Chuck Schumer, D-N.Y., and Tom Cotton, R-Ark., said in a Nov. 21 letter to President Donald Trump that they are “concerned that the approval of additional, more permanent licenses will allow Huawei to fully resume its engagement with certain U.S. firms without an adequate assessment of the risks to national security.”
The Commerce Department will likely seek multilateral support for upcoming export controls on additive manufacturing of metals, said Sean Ghannadian, a Bureau of Industry and Security official and part of Commerce’s Wassenaar Arrangement group. Commerce is also moving toward controlling certain ceramic coating technologies as part of the agency’s effort to identify and restrict sales of emerging technologies (see 1911200045), Ghannadian said.
The Commerce Department Bureau of Industry and Security finalized some interagency reviews of Huawei license applications and will begin issuing approvals and denials on a “rolling basis,” according to Matt Borman, Commerce deputy assistant secretary for export administration. The announcement was first made by Secretary Wilbur Ross, who told Fox Business on Nov. 19 that Commerce has started “to send out the 20-day intent-to-deny letters and some approvals.” Ross also said Commerce has received about 290 “requests for specific licenses.”
More than three weeks after a top Commerce official said the agency’s first set of proposed controls on emerging technologies would be released within the ”next few weeks,” (see 1910290062) the proposal is still under review. Commerce now hopes to release the proposed controls “in the next couple weeks,” Matt Borman, Commerce deputy undersecretary for export administration, said during a Nov. 20 Materials and Equipment Technical Advisory Committee meeting.