Although the Senate Finance Committee will still have a mock markup on the U.S.-Mexico-Canada Agreement, it will happen after the implementing bill has been sent to Congress, so it will be more “mock” than in past deals. The reason the process of Congress weighing in on a trade deal is a mock markup is that under fast track, or Trade Promotion Authority, Congress cannot amend the deals. But typically, the administration sends up a draft implementing bill, and then does incorporate at least some of Congress's suggestions on language before sending the final implementing bill.
House Democrats and the Office of the U.S. Trade Representative say that the new NAFTA can serve as a template for future trade deals, but experts question how that might come to pass, and a key Republican wants at least one Republican priority restored in future deals.
A last-minute push to tighten up the steel and aluminum segment of the auto rules of origin has angered Mexico, media reports said Dec. 6. Rep. Henry Cuellar, D-Texas, had referred to this last-minute ask as not coming from House Democrats the day before (see 1912050054). The reports say that steel unions asked for a “poured and melted” standard, rather than allowing Mexican processors to take imported slab and make it into sheet metal for cars.
Texas voters send 36 members to the House of Representatives, and 18 attended a press conference Dec. 5 to say they want a U.S.-Mexico-Canada Agreement vote as soon as possible. But only one of the 13 Democrats in the Texas delegation attended -- Rep. Henry Cuellar, who represents Laredo and McAllen. Cuellar, the biggest booster of the new NAFTA in the Democratic caucus, said he'd been updated about the state of play between Mexicans and the U.S. trade representative at 9:30 a.m. that day, and “we're very, very, very close,” he said, but he said Mexicans tire of what they feel is a “one-more-thing”-style of negotiating from the Americans.
Japan’s Diet approved the country’s trade deal with the U.S., Japan’s Ministry of Foreign Affairs said in a Dec. 3 notice, according to an unofficial translation. The deal passed in Japan’s upper house after being approved by Japan’s lower house on Nov. 19 (see 1911190045), and sets up a Jan. 1, 2020, effective date. The deal, signed by the two countries in October, will eliminate nearly 250 tariff lines of Japanese imports into the U.S. and will lower Japanese tariffs on hundreds of U.S. exports, including food and agricultural goods (see 1910070074)
Democrats in the House insisted that their ideas about how to verify compliance with Mexico's labor laws is a balanced one that respects their sovereignty. Chief Mexican negotiator on USMCA, Jesus Seade, wrote a column published Dec. 4 that said, in Spanish, that there will be no “transnational inspectors,” even though the U.S. has pushed so much for that approach. "If the U.S. stops insisting on the pair of unacceptable ideas that the [Mexican trade group CCE] statement yesterday speaks of, we can soon have a treaty, and a very good treaty," he wrote (see 1912030033). He said that the state-to-state dispute settlement system, broken in NAFTA, "will now be 100% repaired, for all topics and sectors under the treaty."
Exactly how the U.S. Trade Representative has agreed to change the 10-year biologics exclusivity period in the U.S.-Mexico-Canada Agreement is unclear, but insiders are saying it will be less favorable to the pharmaceutical industry.
France and the EU will retaliate if the U.S. goes forward with new tariffs on French goods, according to multiple reports. The proposed new U.S. tariffs are a result of a Section 301 investigation into the digital services tax in France. The Office of the U.S. Trade Representative said the tax unfairly targets U.S. companies.
Two prominent Republicans questioned the suitability of switching tariffs for quotas because of currency manipulation in Brazil and Argentina, as President Donald Trump said Dec. 2 he is doing. Sen. Pat Toomey, R-Pa., the leading critic of Trump's trade policy, issued a statement that night that said, “He is justifying these tariffs by citing Section 232 of the Trade Expansion Act. This provision is exclusively meant for national security threats. Yet, the President has acknowledged that the real purpose of this action is to combat currency manipulation -- which does not pose a national security threat. Furthermore, even if this action were legitimate, the statutory window for imposing these tariffs has closed. These actions further underscore that Congress should take up my legislation that would reassert congressional authority regarding imposition of national security tariffs.”
The top negotiator for Mexico on the new NAFTA told reporters in Canada on Nov. 29, “I think we are almost there.” Jesus Seade, who was in Canada meeting with his counterparts, had been in Washington the day before Thanksgiving to talk to U.S. Trade Representative Robert Lighthizer about whether Mexico could live with the edits to the new NAFTA the Democrats had asked for. Seade told reporters that the edits might be finalized “sometime in the next week,” but if not then, he said he hopes it will be before Congress leaves town for the Christmas holiday. Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said in a speech on the Senate floor Dec. 2 that “if a deal cannot be reached by the end of this week, I do not see how USMCA can be ratified in 2019. As it is, the window of opportunity for 2019 is extremely tight.”