Sen. Thom Tillis, R-N.C., Sen. Bill Cassidy, R-La., Sen. Chris Coons, D-Del., and Sen. Mazie Hirono, D-Hawaii, introduced a bill Dec. 5 that would give CBP the authority to seize imported merchandise that is not using other companies' trademarks but is otherwise identical to a branded product. The Footwear Distributors and Retailers of America hailed the bill. “Relying on seizures based on just trademark rights is no longer effective. Counterfeiters around the world have become more creative, shipping identical looking products without the trademark and then attaching traditional trademarks after it clears U.S. customs,” FDRA said. Margo Fowler, chief intellectual property officer for Nike, was quoted in the FDRA press release about why the bill would help CBP: "It would enable them to identify and seize intended counterfeits that copy Nike’s products protected by U.S. design patents."
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.
Rep. Ron Kind, D-Wis., a senior Democrat on the House Ways and Means Committee and supporter of the Craft Beer Modernization Act, said that renewing the excise tax break for alcohol producers (see 1911270048) is part of the tax extenders package the Ways and Means and Senate Finance committees are working on. He said in an interview that Democrats in the House are trying to identify spending or revenue offsets for the tax breaks that might appeal to Senate Finance Chairman Chuck Grassley, R-Iowa, “so we can move forward on it.” He said they're looking at a one- or two-year extension for the Craft Beer Modernization Act, depending on what the whole extenders package looks like.
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.
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."
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.”
A top dairy lobbying group announced that executives would be visiting Congress Dec. 4 in what they characterized as “a last-ditch effort to save this deal,” and Farmers for Free Trade sent a letter to the top Republican and top Democrat in each chamber asking that the vote on the U.S.-Mexico-Canada Agreement come as soon as possible. The letter, signed by 2,200 farmers around the country, was sent Dec. 3, and said that trade wars have hurt agriculture badly. “We have suffered from retaliatory tariffs, lost market share, and watched while America’s competitors are seen as more reliable trading partners. The reasons for this crisis are manifold but providing certainty about continued trade with two of our three largest export markets would provide America’s farmers and food manufacturers with a needed boost,” the letter said. “We are counting on our elected officials to champion the folks back home and appreciate your urgent action.”
A Mexican business group representing manufacturers, agriculture, banking and retailers says it is very concerned that certain labor demands from U.S. politicians in the U.S.-Mexico-Canada Agreement are extreme in nature “and are totally unacceptable,” the Consejo Coordinador Empresarial wrote in a press release Dec. 2, adding bold for emphasis. These proposals could severely affect Mexico's competitiveness, the CCE said. It also said “respect for Mexico's sovereignty is non-negotiable.”
For a second time, a World Trade Organization panel rejected the European Union's claim that it has ended launch subsidies for Airbus, and remedied their adverse effects on Boeing. The earlier compliance panel ruling against Airbus led to the largest authorized tariff action ever at the WTO -- the $7.5 billion worth of goods from EU countries facing either 10 percent or 25 percent tariffs (see 1910020044).
After a surprise tweet from President Donald Trump that he would implement tariffs on Brazilian steel and on Argentinian steel and aluminum (see 1912020002), the agency in charge of Section 232 actions declined to say when a Federal Register notice would follow to put the tweet into action. The department also declined to say if importers can bring in products in sectors where the quotas are already full while waiting for the Federal Register notice. Commerce also didn't say if importers can apply for exclusions for the items. Currently, exclusions against quotas are allowed, but they are not allowed to be taken until this quarter, even though the quotas fill up quarter-by-quarter.