Hampl Testifies Regarding Proposed China Tariffs

 Following the Trump administration’s proposed Section 301 tariffs on Chinese goods, USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl testified before the Section 301 Committee, chaired by USTR on May 16 regarding the proposal. Hampl’s testimony reflected USCIB member concerns about potential consequences the proposed tariffs will have on sectors vital to the U.S. economy. Her testimony was drawn from comments USCIB sent earlier this month to the U.S. Trade Representative Robert Lighthizer. Hampl was joined by over 100 other business representatives to share specific concerns regarding the proposed tariffs.

“We believe that the imposition of tariffs will not achieve the important goal of changing China’s behavior in the space of emerging technologies and intellectual property rights,” said Hampl in her testimony. “China’s threat of retaliation further exacerbates uncertainties caused by this proposed action. Rather than create more opportunities for U.S. business, sweeping tariffs will stifle U.S. agriculture, goods, and services exports and raise costs for businesses and consumers.

Hampl emphasized the need for a “holistic structure” to address the aforementioned issues. Speaking on behalf of USCIB, Hampl applauded the Trump administration for looking at alternative approaches, such as initiating a WTO dispute by requesting consultations with China.

“It is important for the administration to address these issues with a broad view, working collectively with U.S. industry, Congress, and our trading partners, to adequately address China’s unfair trade practices and get China to be WTO compliant,” noted Hampl.

The proposed tariffs pose a unique challenge to industrial inputs, which represent over 80 percent of the proposed list. Tariffs on industrial goods are especially problematic because they represent not just a tax on U.S. consumers but a tax on U.S. manufacturers and workers, and on the products they export. Tariffs on aerospace, machinery and IT parts and other advanced technologies can undermine the most competitive sectors of American manufacturing, driving up production costs in the U.S., impacting U.S. manufacturing employment, and making U.S. manufacturers less competitive against global rivals.

“Tariffs on industrial parts imported into the U.S. could have the unintended consequence of prompting manufacturers to move final production outside of the U.S.,” warned Hampl. “To see how U.S. companies will be affected by the tariffs, it is important to look to how the supply chain functions. China is the second largest economy and the largest manufacturing economy in the world. We cannot ignore that China may have some unique capabilities, at the product level, that U.S. businesses need to tap into in order to remain globally competitive. For many products or inputs, there is no feasible alternative to procuring from China. We urge the Administration to use this process to ensure that its actions do not inadvertently harm some of the most competitive sectors of the U.S. economy, and the hundreds of thousands of American jobs that depend on them.”

In addition to the testimony, USCIB also co-sponsored a reception last week for Hill staff centered around the China 301 hearing, as well as NAFTA, celebrating Great American Jobs Supported by Trade. Representatives from U.S. government, companies, and associations, spent the evening discussing various important developments in the trade space.

USCIB Warns of Potential Harms to the US Following China Tariffs

In light of the Trump administration’s proposed Section 301 tariffs on Chinese goods, USCIB sent comments last week to the U.S. Trade Representative Robert Lighthizer expressing concern about the potential unintended negative consequences the proposed tariffs will have on sectors vital to the U.S. economy and jobs. With $587.6 billion in total goods trade in 2016, China has become the United States’ largest goods trading partner. China was also the third-largest export goods market in 2016 for the U.S., while U.S. foreign direct investment in China was $13.8 billion in 2016, with the ICT sector alone encompassing $4.34 billion.

“China can be a challenging market for U.S. companies to navigate. The ongoing intellectual property rights violations, forced technology transfer requirements, and state interventions harm U.S. companies, workers, consumers, and competitiveness,” stated Eva Hampl, who leads USCIB work on China-related issues.

Made in China 2025 is considered by many an indication that China plans on further advancing in developing their high-tech industries, such as robotics, advanced information technology, aviation, and new energy vehicles, with the eventual goal of global dominance in those industries through uncompetitive means such as subsidies.

“While this unfair advantage to Chinese companies in the high-tech industry space is a legitimate threat to U.S. leadership in innovation, continued engagement in the Chinese market is also very important for U.S. companies in terms of their ability to be globally competitive,” emphasized Hampl. “USCIB members are very concerned that these proposed tariffs will stifle the U.S. economy, and not achieve the important goal of changing China’s behavior in the space of emerging technologies and intellectual property rights. China’s threat of retaliation further exacerbates uncertainties caused by this proposed action. Rather than create more opportunities for U.S. business, sweeping tariffs will stifle U.S. agriculture, goods, and services exports and raise costs for businesses and consumers.”

The comments urge the administration to use this public comment period to listen to USCIB members and other U.S. stakeholders who explain how they will be directly affected by the proposed tariffs.

“It is critical that the administration exclude from its tariffs particularly those products that cannot feasibly be replaced by non-Chinese sources, where the harm of potential tariffs would fall more on U.S. businesses, workers, and exporters than on Chinese entities,” said Hampl. “Hurting American exporters cannot be the outcome of a process designed to level the playing field in China.”

USCIB has also signed on to a broader coalition of trade associations to echo these and other business concerns. Additionally, USCIB is co-sponsoring a reception later this week for Hill staff centered around the China 301 hearing, as well as NAFTA, celebrating Great American Jobs Supported by Trade. Finally, USCIB will also testify this week as part of the China 301 hearing.

Robinson Reinforces USCIB Ties with Chinese Business Groups

USCIB President and CEO Peter Robinson meets with China Enterprise Confederation Director General Zhu Hongren.

While U.S. economic ties with China have been strained of late, the ongoing working relationship between USCIB and our main Chinese counterpart organizations is growing closer. USCIB President and CEO Peter M. Robinson is in Beijing and Xian this week, meeting with top officials from the China Enterprise Confederation (CEC), the China Chamber of International Commerce (CCOIC) and China Council for the Promotion of International Trade (CCPIT) and other groups.

Both CEC and CCPIT/CCOIC are part of USCIB’s global network. CEC serves as the Chinese affiliate of the International Organization of Employers (IOE), and as such represents Chinese employers in the International Labor Organization. Robinson, who also serves as IOE vice chair for North America, met with CEC Vice Chair and Director General Zhu Hongren and other senior staff. He discussed USCIB’s work on the UN Sustainable Development Goals, the Business for 2030 website, the Future of Work, as well as climate change, trade and the UN Global Compact.

L-R: Anna Zhang (USCIB), USCIB President Peter Robinson, ICC-China Secretary General Yu Jianlong, Yu Min (ICC-China)

CCOIC houses ICC-China, the International Chamber of Commerce national committee in the country. In addition, its partner organization, CCPIT, like USCIB, serves as the national guaranteeing association for ATA Carnets, the “merchandise passports” developed by ICC. They played host to the meeting of WATAC, the World ATA Council, which encompasses all ATA Carnet guaranteeing associations. Robinson met with Yu Jianlong, secretary general of CCOIC and ICC-China, and other officials including Deputy Director Director General Yu Min. In addition to Carnet matters, they discussed emerging policy challenges including the “conflict of interest” discussions at the UN climate talks, where activist groups and some governments are seeking to limit the private sector’s access to the negotiations.

Robinson also met with officials of the Silk Road Chamber of International Commerce. USCIB Director of Carnet Claims Administration Anna Zhang is accompanying him on his mission to China.

Time to De-Escalate U.S.-China Trade Conflict, Says USCIB

President Trump and Chinese President Xi Jinping at last year’s G20 Summit in Germany (White House photo)

Washington, D.C., April 6, 2018 – The United States Council for International Business (USCIB), which represents America’s top global companies, is urging the U.S. and China to take steps to de-escalate their trade conflict. Responding to statements by President Trump and China’s commerce ministry over the past 24 hours, USCIB said both parties should seek to resolve their differences via established bilateral and multilateral mechanisms.

“China’s unfair trade practices and its mistreatment of U.S. and other foreign companies are serious problems,” said USCIB President and CEO Peter M. Robinson. “But an escalating, tit-for-tat trade war is not the way to solve them, and risks doing serious harm to the American and global economies.”

Robinson said both sides should seek to work constructively, tone down their rhetoric, and step back from threats to impose new trade barriers, which he said could rattle international markets, imperil future growth prospects and damage the global trading system. He urged the U.S. to use the multilateral mechanisms it has helped build over the years to defuse a looming crisis.

“We should be working with our allies, with other major trading nations, and via the World Trade Organization to apply pressure on China in a way that does not boomerang back to hurt U.S. farmers, workers, consumers and companies.”

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of several leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
jhuneke@uscib.org, +1 212.703.5043

USCIB Urges US and China to Avoid Trade War

Washington, D.C., March 22, 2018 – The United States Council for International Business (USCIB), which represents America’s most successful global companies, responded to the Trump administration’s plans to impose tariffs on billions of dollars of Chinese exports along with restrictions on Chinese investment in the United States. USCIB expressed continued concern over Beijing’s trade abuses while also urging the administration to tread carefully to avoid a trade war.

“We support the goal of getting China to stop its unfair trade practices and treatment of U.S. intellectual property,” said USCIB President and CEO Peter M. Robinson. “We are encouraged to see that the administration is considering a range of tools in addressing these concerns, including WTO dispute settlement. However, we remain concerned that potential new U.S. measures and Chinese retaliation will hurt American companies, workers, farmers and consumers.“

President Trump today announced his intention to impose tariffs on some $50 billion of exports from China under Section 301 of the 1974 trade act, in response to intellectual property violations and other trade abuses. Specifically, he instructed the office of the U.S. Trade Representative to publish, within 15 days, a list of proposed Chinese goods that could be subject to tariffs, while the Treasury Department will have 60 days to recommend steps to restrict Chinese investment in the United States.

“It’s been said that nobody wins a trade war,” Robinson added. “That would be especially true of a trade conflict between the world’s two largest economies. Escalation of the current dispute would severely impact our members, who rely on sales in both markets and who maintain complex global supply chains encompassing both countries as well as many others. These overseas sales and supply chains support millions of jobs in the United States.”

Robinson concluded: “We therefore urge the Trump administration to carefully consider the actions it takes pursuant to this Section 301 report, and we encourage both governments to work together to resolve these unfair trade practices before taking steps that will damage both economies.”

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of several leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
jhuneke@uscib.org, +1 212.703.5043

USCIB Testifies on China WTO Compliance

In response to Federal Register notice 82 FR 36071, USCIB Director, Investment, Trade and Financial Services Eva Hampl, provided oral testimony on Wednesday, October 4 to the U.S. government interagency Trade Policy Staff Committee (TPSC) regarding China’s compliance with its WTO commitments on behalf of USCIB and its members.

“USCIB and its members understand and appreciate that U.S.-China economic relations are complex and multifaceted, and American business holds a direct and important stake in this relationship and in its success,” noted Hampl in her testomony.

The testimony amplified priority issues for USCIB members, in addition to the written submission made in September. The Q&A session following the oral statement included questions from the various agencies on issues of regularly transparency, technology transfer, trade secrets, discriminatory industrial policies, and agricultural biotech.

On IT security measures, Hampl emphasized, “The Cybersecurity Law, which went into effect in June of this year, establishes a number of burdensome restrictions on the cross-border flow of data and establishes intrusive security reviews of equipment and services used by network operators and operators of critical information infrastructure.” Hampl therefore urged the U.S. government to continue to press for full suspension of all existing and proposed measures involving trade-restrictive requirements in this area.

In addition to discussing these issues with the interagency committee, Hampl emphasized USCIB’s support of continuing negotiations of a US-China Bilateral Investment Treaty (BIT), expressing USCIB’s hope that efforts to conclude a high-standard BIT will soon resume on the remaining issues.

USCIB’s Statement on China Urges WTO Compliance

As China continues to grow in importance in the global economy, it is crucial for the Chinese and U.S. governments to continue to work together to address common challenges and responsibilities. In view of this, USCIB has recently submitted a statement to the United States Trade Representative (USTR) on China’s compliance with its World Trade Organization (WTO) commitments, which incorporated a wide array of input from USCIB members across various sectors.

In the statement, which is submitted annually, USCIB commended the U.S. and Chinese governments for important work in on-going bilateral dialogues, as well as in support of working relationships between U.S. and Chinese agencies which provide invaluable opportunities for exchanging information and addressing agency-specific issues. The statement addressed important issues to U.S. business including taxation, customs and trade facilitation, information technology and intellectual property rights. Furthermore, it advocated for continuing negotiations of a Bilateral Investment Treaty (BIT) between the U.S. and China.

“We also urge both countries to utilize the full range of multilateral forums in addition to the WTO, including the Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations,” said Eva Hampl, who leads USCIB’s work on China.

“While USCIB acknowledges the efforts China has made since joining the WTO in 2001 to meet its obligations under the terms of its accession agreement, there still remain significant WTO obligation compliance concerns,” added Hampl. These concerns include government procurement, trade restrictions in information technology and continued intellectual property violations in audiovisual, software, agriculture biotechnology and chemicals.

The full statement is available here.

2017 USCIB International Leadership Award Dinner

USCIB is delighted to honor Ajay Banga, president and chief executive officer of MasterCard. Each year this gala event attracts several hundred industry leaders, government officials and members of the diplomatic community to celebrate open markets and the recipient of USCIB’s highest honor.

Established in 1980, USCIB’s International Leadership Award is presented to a senior business executive who has made significant policy contributions to world trade and investment, and to improving the global competitive framework in which American business operates. Join us for what will be a truly memorable evening!

Industry Appeals to China on Cybersecurity Law

With China’s broad cybersecurity law set to take effect next month, USCIB has joined with a range of industry groups from the United States and other countries in appealing for the country to delay its entry into force. Among other things, the new law would give law enforcement enhanced authority to access private data and require data to be stored servers located in China.

In a joint letter, the business groups said they are “deeply concerned that current and pending security-related rules will effectively erect trade barriers along national boundaries that effectively bar participation in your market and affect companies across industry sectors that rely on information technology goods and services to conduct business.”

The letter called on China to ensure that cybersecurity regulations comply with China’s World Trade Organization (WTO) commitments and encourage the adoption of international models that support China’s development as a global hub for technology and services.

USCIB Facilitates Dialogue on US-China Cybersecurity

USCIB’s Eva Hampl (center) and Barbara Wanner alongside Tad Ferris, Foley and Lardner (right)

USCIB facilitated an off-the-record dialogue with U.S. Government officials on the topic of U.S.-China cybersecurity last week in Washington DC. The meeting brought together officials from the White House, FBI, Department of Homeland Security, Department of Commerce, and USTR. After brief introductions by Tad Ferris, partner at Foley & Lardner LLP and chair of USCIB’s China Committee, Barbara Wanner, USCIB’s vice president of ICT policy and Eva Hampl, USCIB’s director, investment, trade and financial services, the group received a strategic overview of the U.S.-China cybersecurity relationship from Christopher DeRusha, senior cybersecurity advisor, Office of the Federal Chief Information Officer.

Discussions focused on the issue of cybersecurity from the perspective of different agencies. One of these perspectives was highlighted in a panel on trade-related aspects of the U.S.-China cybersecurity relationship, which was discussed by Jonathan McHale, deputy assistant USTR for Telecommunications and Electronic Commerce Policy, Office of the U.S. Trade Representative and Christopher Wong, international trade specialist, Office of China and Mongolia, Department of Commerce.

Another panel addressed progress on law enforcement cooperation and international cooperation against third party threats.  This was discussed by Amit Kacchia-Patel, unit chief, Federal Bureau of Investigation and Jordana Siegel, director, international affairs, Department of Homeland Security.

Hampl_Cybersecurity_Mtg12162016
USCIB’s Eva Hampl moderates panel at U.S.-China Cybersecurity Meeting

“Cybersecurity is an issue of growing concern for USCIB members, which is reflected in our submission of Priority Issues for the U.S.-China Joint Commission on Commerce and Trade, as well as our annual Statement on China’s Compliance with its WTO Commitments” said Hampl.

USCIB also recently signed on to a multi-association letter on China’s draft Cybersecurity Law and related pending cybersecurity regulations and measures.

Click here to read USCIB’s submission of Priority Issues for the U.S.-China Joint Commission on Commerce and Trade (JCCT)

Click here to read USCIB’s Statement on China’s Compliance with its WTO Commitments