Former Trans-Pacific Partnership negotiator Wendy Cutler told an audience for an Atlantic Council webinar that the U.S. cannot rejoin even a renegotiated TPP in the next two years, and maybe not during the next four. Cutler, a vice president of the Asia Society Policy Institute, said that the administration should try to ink mini-deals with TPP countries on digital trade, like it did with Japan, and said that maybe there can be coordination on supply chains or climate and trade. Cutler was also chief negotiator on the Korea free trade agreement.
After the European Union announced May 17 that it will not double retaliatory tariffs on U.S. exports on June 1, exporters expressed relief. More significantly, the joint statement between the EU and Office of the U.S Trade Representative said the two sides are aiming for a united approach to global overcapacity distortions that would allow the 25% and 10% tariffs under Section 232 to be removed at the end of the year. Domestic metal producers welcomed that news, but the union that represents steelworkers reacted with some alarm.
The Mexican ambassador to the U.S. publicized a letter he sent to Labor Secretary Marty Walsh asking for consultations under the Labor Chapter of USMCA over the treatment of agricultural and meatpacking workers. "Although at the federal level labor rights in the United States protect all workers, regardless of their immigration status, in practice, factors such as ignorance, fear and abuse by some employers prevent migrant workers from exercising fully their labor rights in some industries and states," Esteban Moctezuma wrote May 12. He complained that there is no federal regulation for heat stress, and that employers do not comply with rest and bathroom protocols for agriculture workers. He said that agriculture workers are excluded from general wage and hour laws that provide for overtime pay and the right to organize and bargain collectively. Specifically, he said, undocumented workers don't have access to ask for reinstatement to jobs or payment of lost wages under the U.S. labor laws. And he said that officials overlook sexual harassment and violence in both sectors. "For the aforementioned reasons, the Government of Mexico considered it necessary to point out the importance of adequately enforcing its federal regulations to guarantee the labor rights of workers in the agricultural and meat processing and packaging industries in the United States," he wrote.
The European Union announced May 17 that it would not hike tariffs on American goods that are on its retaliation list for Section 232 tariffs, such as whiskey, bourbon, orange juice, cigarettes, steel, motorcycles and yachts. Some items on the list have had a 25% additional tariff since June 2018, others, an additional 10% tariff since then. Europe had been scheduled to double the tariffs on June 1.
U.S. Trade Representative Katherine Tai, in her second day of testimony on Capitol Hill, heard again and again from members of Congress who are hearing from companies in their districts that they want Section 301 tariff exclusions back. She heard repeatedly that the 9% countervailing duties on Canadian lumber are making a bad situation worse. And she heard that the Miscellaneous Tariff Bill and Generalized System of Preferences benefits program should be renewed. On each topic, both Democrats and Republicans shared concerns, though on GSP, Republicans only spoke of the cost to importers, while Democrats worried about the effects of GSP on the eligible countries. Tai testified for more than four hours in front of the House Ways and Means Committee on May 13.
Eighteen senators, led by Sen. Tim Kaine, D-Va., and Sen. Todd Young, R-Ind., are asking the administration to convince Europe to remove 25% retaliatory tariffs on American whiskey before it's scheduled to double on June 1. The tariff was imposed in response to 25% tariffs on European steel. Their May 11 letter said that whiskey exports to the European Union fell by 37% since the tariff went into place, and exports to the United Kingdom fell by 50%. "Like other small businesses involved in the food and drink industry, American craft distillers have struggled during the pandemic, as on-site sales and sales to restaurants and bars declined substantially. Nearly a third of craft distillers’ employees have been furloughed since the start of the pandemic. These employers are just now starting the road to recovery and the continuation, and potential increase, of these tariffs will inhibit this recovery. ... As the Biden administration works to address trade disputes with our allies in Europe, we urge the administration to work to secure the immediate suspension of tariffs on American Whiskey and, ultimately, the permanent removal of all retaliatory tariffs on American, EU, and UK spirits and wine."
U.S. Trade Representative Katherine Tai generally avoided being pinned down on timing as she was asked about rekindling trade negotiations with the United Kingdom and Kenya, the pause on tariffs on European imports, and a solution for steel overcapacity that could make way for the lifting of Section 232 tariffs.
Thea Lee, a former AFL-CIO trade economist and top official for 20 years, will be leading the Department of Labor's Bureau of International Labor Affairs, which is involved in both enforcement of the USMCA labor chapter and in investigating forced labor and the worst forms of child labor. The AFL-CIO reacted to the news of her appointment by saying “there is no better person to help strengthen enforcement of labor standards that increase the power of workers in the U.S. and around the world. She will also help shape policies to end forced labor and egregious worker rights violations throughout global supply chains.” The job is not one that requires Senate confirmation.
Uyghur Human Rights Project Board Chair Nury Turkel told the House Foreign Affairs Committee that his nonprofit wants swift passage of the Uyghur Forced Labor Prevention Act, which would create a rebuttable presumption that goods from China's Xinjiang province were made with forced labor. "The 11 current Withhold-release orders (WROs) are a wholly inadequate response to the gravity of the crimes, the harm to American workers whose wages are undercut by forced-labor competition, and the unwitting complicity of American consumers who buy face masks, hair weaves, cotton apparel, and solar panels produced by the forced labor of Muslim Uyghurs," he said in his prepared testimony.
One Democrat and one Republican from each chamber sent a letter to U.S. Trade Representative Katherine Tai, asking the administration to reexamine the decision to withdraw from the Trans-Pacific Partnership in 2017, a decision they called “misguided and short-sighted.” The May 5 letter, led by Sen. Tom Carper of Delaware, a close ally to President Joe Biden, also acknowledged that “there are significant political obstacles to negotiating an agreement to rejoin the TPP in its current form.” But Carper, Sen. John Cornyn, R-Texas, Rep. Stephanie Murphy, D-Fla., and Rep. Adam Kinzinger, R-Ill., said there should be an effort to determine the best course for engagement with the countries that continued on without the U.S. to see how they could build on recent trade agreements.