The fourth-tranche on China goods U.S. tariff hearings that started Monday (see 1906170066) will hear from 325 witnesses before they end June 25, U.S. Trade Representative Robert Lighthizer told a Senate Finance Committee hearing Tuesday. His office received more than 2,000 written comments, he said. “We have our professional staff going in and ultimately, the political staff will look at that. In this last tranche, there are products like cellphones and laptops, which have been avoided until now.” Lighthizer said the tariffs make sense as a tool to curb China’s allegedly unfair trade practices.
Best Buy Chief Merchandising Officer Jason Bonfig asked that smartphones, laptops, computers, tablets, TVs, gaming consoles and computer monitors be spared President Donald Trump's threatened fourth tranche of tariffs on China-made products. "U.S. consumers have largely been shielded" so far, Bonfig said during Day 1 of Office of U.S. Trade Representative hearings. Bonfig said brands have been moving manufacturing out of China since enforcement efforts began, but it's a multiyear effort to find new sourcing, and that "cannot be done faster than it’s already going." IRobot CEO Colin Angle has firsthand knowledge of the intellectual property abuses Chinese companies engage in, he testified. But Angle asked the administration not to impose tariffs on the robotic goods it sources from China because his firm, which employs 700 in the U.S., is satisfied with China as a manufacturing platform. Angle, who said iRobot has more than 80 percent of the consumer robot market in the U.S., said his company won a patent-violation case in October, which meant Chinese factories can't export those goods to the U.S. IRobot was the victim of cyberattacks that resulted in intellectual property theft, and two Chinese citizens were indicted for the crime, said Angle. "Moving production to the U.S. would increase our cost of goods sold by 60 percent," Angle said. The Roomba, iRobot's flagship product, has had List 3 tariffs imposed on it since last summer, he said. Comments were due Monday to USTR on the List 4 duties (see 1906170050).
Many tech and other interests flooded docket USTR-2019-0004 before the Monday-midnight deadline for comments on the fourth tranche of tariffs on Chinese goods. Most opposed the tariffs on grounds they would harm U.S. businesses and consumers and would do little to stop China’s allegedly bad behavior on intellectual property theft and forced technology transfer. The List 4 goods targeted for Section 301 tariffs of up to 25 percent include “many products Bose imports” to the U.S. from China, commented the manufacturer, posted Monday. Bose products earmarked for List 4 tariffs “generally do not incorporate the types of technology targeted” by China’s IP and tech transfer policies, said the manufacturer. Bose forecasts it will import $450 million worth of goods from China this year. Though the administration claims to have tried to avoid placing tariffs on consumer products, “there is simply no way to protect consumers from tariffs” on List 4, said the Information Technology Industry Council. List 4 includes “finished computing devices and accessories that are used widely," ITI said. Lists 1, 2 and 3 “already placed duties on various types of computer monitors, screens, and networking equipment,” it said: “List 4 tariffs will mean that every single office and home computing machine from printers to standalone desktops to landline telephones -- and even the cables that connect them -- will become more expensive for all" in the U.S. LCD modules Sharp imports from China are used in “a wide array of products” manufactured in the U.S., including cars, watches and phones, commented the company: “Punitive” tariffs on LCD modules would imperil many of those jobs “located within the US manufacturing heartland of the Midwest,” in states “that are so crucial to the President’s upcoming re-election campaign.” Also Monday, tech and other interests testified at the Office of the U.S. Trade Representative against List 4 duties (see 1906170066).
Hearings that begin Monday on the proposed List 4 Section 301 tariffs on $300 billion in Chinese imports not previously dutied will span seven full days through June 25 and include roughly 320 witnesses organized into 54 panels, said the Office of the U.S. Trade Representative Friday. Unless there comes a change in the terms of USTR’s May 17 notice announcing the List 4 tariffs, post-hearing rebuttal comments would be due July 2, seven days after the hearings end, marking the last deadline in the List 4 proceeding before President Donald Trump decides whether to put the duties into effect. USTR ordered List 3 into effect Sept. 24, less than three weeks after post-hearing rebuttals in that proceeding came due Sept. 6. CTA is scheduled to testify the afternoon of June 24 on the same panel as Christie Digital Systems, Jasco Products and JLab Audio. CTA had asked for that arrangement in its June 10 request to appear. Other notables on the witness list: (1) Element Electronics, Best Buy, Roku, iRobot and TCL North America all testifying together Monday on Panel 4; (2) HP testifying Tuesday on Panel 11; (3) the Retail Industry Leaders Association, National Retail Federation and Information Technology Industry Council appearing together Friday on Panel 38; (4) Fitbit appearing June 25 on Panel 50; (5) Sony Interactive Entertainment and Vizio testifying together June 25 on Panel 53.
Senate Intelligence Committee Vice Chairman Mark Warner, D-Va., and Sen. Marco Rubio, R-Fla., urged President Donald Trump's administration Thursday not to use U.S. restrictions on Huawei as a “bargaining chip in trade negotiations” with China. Trump's May executive order bars some foreign companies' technology from U.S. networks and the Commerce Department's Bureau of Industry and Security filed a notice adding Huawei and affiliates to a list of entities subject to export administration regulations (see 1905160081). BIS issued a general license temporarily allowing certain transactions by Huawei and the affected affiliates through Aug. 19 (see 1905210013). Trump later said sanctions against Huawei could be part of trade negotiations with China (see 1905240038). OMB acting Director Russel Vought later requested a two-year delay in implementing government contracting and procurement-related restrictions on Huawei included in the FY 2019 National Defense Authorization Act (see 1808130064). “Europeans have publicly expressed fears that the Administration will soften its position on Huawei,” especially given Trump's instigation of a settlement that lifted the Commerce Department ban on U.S. companies selling telecom software and equipment to Chinese firm ZTE (see 1807130048), Rubio and Warner wrote Secretary of State Mike Pompeo and U.S. Trade Representative Robert Lighthizer. “Instead, the U.S. should redouble our efforts to present our allies with compelling data on why the long-term network security and maintenance costs on Chinese telecommunications equipment offset any short-term cost savings.” Any modifications to BIS' temporary general license for Huawei “must be pursued in a risk-based way, separate from any trade negotiations, and consistent with national security considerations,” the senators said. “Conflating national security considerations with levers in trade negotiations undermines” U.S. work with Europe, India and other “international partners.” The House Armed Services Committee, meanwhile, Thursday advanced its version of the FY 2020 NDAA with language directing the defense secretary to conduct a comprehensive assessment of DOD policies on telecom and video surveillance services and equipment from foreign contractors and subcontractors, including identifying ways to mitigate threats via the debarment and suspension process. The bill would direct the defense secretary to implement a strategy for 5G technologies. It recommends giving DOD $175 million to ensure effective Joint Force operations in 5G spectrum.
CTA members identified 139 “line items for technology sector products” they want removed from the coming fourth tranche of tariffs on Chinese imports, commented the association, posted Tuesday in docket USTR-2019-0004. “The annual import value from China of those items alone totals over $167 billion, over half of the entire value of the products on List 4.” Any additional such tariffs would be “detrimental” to CTA members, but a 25 percent duty “could be catastrophic,” said the association. About 400 companies, associations or individuals filed requests by Monday's deadline to speak at hearings that begin June 17 on the proposed tariffs. It took six days of hearings last summer to accommodate the roughly 350 witnesses who testified on List 3. The Office of the U.S. Trade Representative is expected to release a List 4 hearing schedule Friday. “Increasing integration” of information and communication technologies in other sectors means “punitive tariffs” on technology products “will cause a ripple effect” of harm, the group said. Best Buy Chief Merchandising Officer Jason Bonfig will testify at the hearings “on the inefficacy of the proposed tariffs in achieving the objectives outlined by USTR,” said the retailer's lawyers. Best Buy urges USTR to remove laptops, smartwatches, PC monitors, TVs and videogame consoles from List 4. A second filing also cited smartphones.
"Secondary impacts” of the third U.S. tranche of tariffs on Chinese products to customers of Texas Instruments “is very difficult to measure,” said Vice President-Investor Relations Dave Pahl. “Do we think tariffs are bad thing and do they ultimately destroy demand? Economic theory says it does. So that’s not something that we’re big fans of.” TI's "direct impact is real easy to measure, and it's a number very close to zero," Pahl told a Bank of America Merrill Lynch investor conference Tuesday. U.S. trade law for the semiconductor industry defines country of origin “pretty much” by where products are “assembled and tested,” said Pahl. “We do have assembly test operations in China,” plus a half-dozen other “assembly test sites,” mostly in Asia, so "we can move things around,” he said. The chipmaker hypothetically could move assembly and test operations completely out of China, “given enough time and energy,” Pahl said. “But I don’t think we’d want to. China continues to be an important market.” VTech Communications, which bills itself as “the major supplier” of cordless phones and baby monitors in the U.S., is “hearing” from its big retail customers “that they will pass along the costs directly to consumers” if the Trump administration makes good its threat to impose 25 percent List 4 tariffs on Chinese goods not previously dutied, commented the vendor Tuesday in docket USTR-2019-0004. “This will mean additional financial burden to many low to middle income family households” in the U.S. that “still rely on the corded or cordless telephone as their primary device for communication,” it said. Best Buy and Walmart are among VTech's biggest retail customers, and say 25 percent tariffs would mean price increases (see 1905230038). Wednesday, the Office of the U.S. Trade Representative extended by two weeks to June 15 the deadline when List 3 goods can enter the U.S. at the former 10 percent duty rate if they were already on the water when the tariff increase to 25 percent took effect May 10.
The Office of the U.S. Trade Representative launches a product exclusion process for the third tranche of tariffed Chinese goods "on or around June 30," the agency said in Tuesday's Federal Register. USTR requested OMB expedited approval for an information collection for the exclusion process that was announced as part of a May 10 tariff increase (see 1905070036).
Hiking the third tranche of U.S. tariffs on Chinese products rejuvenated talk inside CTA for challenging the duties in court, said informed people. Days before the increase, the policy talk there was about strategies to lobby Congress for removing the tariffs once a U.S.-China trade deal was in the bag, they said. The List 4 proposal brought new urgency to the litigation chatter, we’re told. At least one holdout on the eight-member executive board opposes taking the administration to court until President Donald Trump has a chance to meet with Chinese President Xi Jinping at the G20 summit June 28-29 in Osaka, Japan, said a CTA member insider. The group hired Akin Gump last fall to draft a complaint challenging the Office of U.S. Trade Representative’s broad authority under the 1974 Trade Act to impose retaliatory tariffs against China without launching a new Section 301 investigation (see 1905170064). CTA tried shopping the complaint around to other trade associations for financial and legal backing, but got no takers, we’re told. The association didn’t comment Tuesday. The U.S.-China trade war caused a fivefold increase in tariffs on tech product imports from 2017 to 2018, said CompTIA Tuesday. “Should a 25-percent tariff rate apply to all tech product imports the costs could run into the tens of billions of dollars.” CompTIA encourages the U.S. and China to “reach a deal that protects American innovation and intellectual property.”
The U.S. and China “intend to continue further discussions,” said the Office of the U.S. Trade Representative in Friday's Federal Register. That notice proposed the 25 percent tariffs on $300 billion in Chinese goods not previously dutied. Requests to appear at hearings on the proposed duties are due June 10 in docket USTR–2019–0004 at regulations.gov, and written comments are due June 17, the same day the hearings are set to begin. Post-hearing rebuttal comments are due seven days after the hearings end. Presidents Donald Trump and Xi Jinping “have maintained contact through various means,” said a Chinese Foreign Ministry spokesperson at a Beijing news conference Friday about media reports suggesting new U.S.-China trade talks were off the table for now.