CBP and the trade community again face difficult decisions on how to move forward with mandatory continuing education for customs brokers. The toughest may be how to create a fair accreditation scheme, but that’s just one of many open questions as a joint task force again attempts to find some resolution of issues that caused continuing education to fall off CBP’s agenda nearly a half-decade ago.
CBP remains cautious in moving toward continuing education requirements for customs brokers as it continues to examine the issues that derailed a similar effort some years ago, said Brenda Smith, executive assistant commissioner of CBP’s Office of Trade, during a Jan. 29 interview with International Trade Today. CBP recently launched a task force on the subject (see 1910160056), but the agency is considering whether an advance notice of proposed rulemaking (ANPRM) is necessary before issuing an actual proposal, she said.
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."
House Ways and Means Committee Chairman Richard Neal, D-Mass., sounded a little less optimistic about the Democrat working group reaching a conclusion on the new NAFTA than he has recently, even as he told reporters “we made some advances today" in a meeting with U.S. Trade Representative Robert Lighthizer Oct 30. "The differences continue to narrow." He also said both sides are exhausted.
Rep. Ron Kind, co-chairman of the New Democrats' trade task force, said U.S. Trade Representative Robert Lighthizer has done a good job on outreach, and sounding sympathetic to Democrats' complaints about enforceability, labor and other issues they want changed in the NAFTA rewrite. But Kind, who was speaking to reporters on a conference call from the Midwest on Sept. 4, said that "for some reason there's been a reluctance on sharing paper, putting words down" that would change the trade deal to satisfy these requests.
Leaders of the generally pro-trade New Democrat Coalition warned the U.S. trade representative not to send an implementing bill for the new NAFTA to Congress on July 9. Rep. Derek Kilmer, chairman of the New Dems, and Rep. Gregory Meeks, co-chairman of the group's trade task force, spoke to reporters July 8 about why they sent a letter that day to USTR warning him off.
House Ways and Means Trade Subcommittee Chairman Earl Blumenauer, D-Ore., said after a June 25 hearing on Mexican labor reform that the Democrats asking for changes to the NAFTA rewrite are asking for changes that are "relatively narrow." "Our hope is we can move with dispatch, get our concerns resolved, strengthen the agreement and move forward," he said, adding that trade deal votes "never get easy, putting them off."
Although the list of members on a working group to improve the new NAFTA isn't yet final, the co-chairs of the Congressional Progressive Caucus say they expect to be dissatisfied with the mix of views on it. "I know he did want to know who to negotiate with," said Rep. Mark Pocan, D-Wis., referring to U.S. Trade Representative Robert Lighthizer. And Pocan said it makes sense that the task force would predominantly be drawn from the Ways and Means Committee, which is responsible for trade deals. But Pocan told International Trade Today, "We also want to make sure we're heard." Pocan said he thought Rep Rosa DeLauro, D-Conn., could be on both task forces. "I do expect she would be on every committee if she wants to, because we all love Rosa, and this has been a passion she's had for a long time."
Rep. Lizzie Fletcher, who defeated a nine-term Republican incumbent last fall, is clear that NAFTA has benefited her district in the Houston area and the whole state of Texas. But Fletcher, who has been chosen as a co-chair of the trade task force in the New Democrats caucus, said she's not being urged by constituents to get NAFTA's replacement ratified as soon as possible.
While the next chairman of the House Ways and Means Committee is clear -- Rep. Richard Neal, D-Mass. -- the leadership of the Senate Finance Committee and the Ways and Means Trade Subcommittee is up in the air. Neal, who represents a slice of Western Massachusetts that has suffered from deindustrialization, voted against NAFTA, but for giving China permanent most favored nation status. He also voted no on the most recent fast-track renewal in 2015.