For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
Tariffs. The Leveling the Playing Field 2.0 Act (S. 1856, introduced June 7 by Sens. Brown, D-Ohio, and Young, R-Ind., and H.R. 3882, introduced June 7 by Reps. Sewell, D-Ala., and Johnson, R-Ohio) would expand on a similar law passed in 2015 to further strengthen trade remedy laws in the following ways.
- creating a new type of AD/CV investigation, called a successive investigation, that makes it easier for petitioners to bring new cases when production moves to another country
- providing expedited timelines for successive investigations and new factors for the International Trade Commission to consider about the relationship between recently completed trade cases and successive trade cases for the same imported product
- authorizing the Department of Commerce to apply CV law to subsidies provided by a government to a company operating in a different country (a response to China’s Belt and Road Initiative)
- imposing statutory requirements for anti-circumvention inquiries to clarify the process and timeline
- specifying deadlines for preliminary and final determinations
The China Trade Cheating Restitution Act (introduced June 7 by Sens. Tester, D-Mont., and Cassidy, R-La.) would (1) require CBP to distribute under the Continued Dumping and Subsidy Offset Act an estimated $38.5 million in accrued delinquency interest on AD duties CBP collected and “wrongfully held” and (2) amend the Trade Facilitation and Trade Enforcement Act of 2015 to move the date of interest collected by CBP to be dispersed from Oct. 1, 2014, to Oct. 1, 2000
China. The Senate Foreign Relations Committee amended and approved June 7 the Ending China’s Developing Nation Status Act (S. 308), which aims to prevent the granting of “developing nation” status to China in future treaties and international organizations and directs the State Department to pursue changing the status of China to “developed nation” in treaties or organizations where a mechanism for change exists.
The Intergovernmental Critical Minerals Task Force Act (S. 1871, introduced June 7 by Sen. Peters, D-Mich.) would create a task force to combat U.S. reliance on China and other covered countries for critical minerals and rare earth metals, which are used to manufacture electric vehicle batteries, military equipment, and other technology vital to U.S. economic competitiveness and homeland security.
Taiwan. Legislation announced June 9 would provide for congressional approval of the first agreement concluded under the U.S.-Taiwan Initiative on 21st Century Trade and impose new congressional consultation and transparency requirements on the White House with respect to the negotiation of any subsequent agreements arising under this initiative.
Customs. The Non-Intrusive Inspection Expansion Act (S. 1822, introduced June 6 by Sen. Peters, D-Mich.) would require U.S. Customs and Border Protection to (1) scan at least 40 percent of passenger vehicles and at least 90 percent of commercial vehicles entering the U.S. at land ports of entry with non-intrusive inspection technology by the end of fiscal year 2026 and (2) increase its use of NII systems for outbound scanning of vehicles.
S. 1897 (introduced June 7 by Sen. Hassan, D-N.H.) would require the Department of Homeland Security to enhance capabilities for outbound inspections at the southern land border.
Exports. The Special Relationship Military Improvement Act (H.R. 3857, introduced June 6 by Rep. Green, R-Tenn.) would amend the Arms Export Control Act to provide the United Kingdom an exemption for licensing of defense items for export in the absence of a relevant bilateral agreement.
Shipping. Sen. Whitehouse, D-R.I., introduced June 8 (1) the International Maritime Pollution Accountability Act, which would impose a pollution fee on large marine vessels offloading cargo at U.S. ports, and (2) the Clean Shipping Act, which would direct the Environmental Protection Agency to set progressively tighter carbon intensity standards for shipping fuel to reduce greenhouse gas emissions by 2040.
IPR. S. 1834 (introduced June 6 by Sen. Blackburn, R-Tenn.) and H.R. 3858 (introduced June 6 by Rep. Issa, R-Calif.) would prohibit the president from negotiating or concluding any withdrawal, suspension, waiver, or modification to the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights without explicit authorization from Congress.
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