Taiwan and US Sign First Agreement under 21st Century Trade Initiative

Lightning Over China and Taiwan (NASA, International Space Station, 07/27/14)
Lightning Over China and Taiwan (NASA, International Space Station, 07/27/14) by NASA’s Marshall Space Flight Center is licensed under CC-BY-NC 2.0

According to a news release from the Office of the President of Taiwan sent on June 1, 2023:

Taiwan and US sign first agreement under 21st century trade initiative

On June 1, the first agreement under the Taiwan-US Initiative on 21st-Century Trade was signed at the American Institute in Taiwan (AIT) Washington Headquarters by Representative to the US Bi-khim Hsiao (蕭美琴) and AIT Managing Director Ingrid Larson. President Tsai Ing-wen affirmed the signing of this agreement and said that she looks forward to Taiwan and the US building an even closer partnership, which will bring about more opportunities for Taiwan’s economy and industries.

President Tsai stated that the initiative is the most comprehensive trade agreement signed between Taiwan and the US since 1979, and that aside from creating more opportunities to develop our bilateral trade, it represents a key step in Taiwan’s efforts to sign trade agreements with major trading countries. This first agreement lays the groundwork for negotiations on seven different topics: labor, environment, agriculture, digital trade, standards, state-owned enterprises, and non-market policies and practices. The president further stated that following negotiations, the areas covered in this initiative will be expanded, setting a firm foundation for a future Taiwan-US free trade agreement. She also expressed hope that our two sides will continue to strengthen trade ties around this framework.

President Tsai praised and thanked Minister without Portfolio John C. C. Deng (鄧振中) for leading the Executive Yuan Office of Trade Negotiations and for coordinating with Representative Hsiao and different government agencies to facilitate this historic breakthrough in Taiwan-US trade development. However, as our mission has not yet been completed, President Tsai encouraged everyone across government to keep working to enhance our trade capacity, ensure our economic security, and achieve the best possible results for Taiwan and the US.

New Indo-Pacific Economic Framework?

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Last week, the United States launched the creation of the Indo-Pacific Economic Framework (IPEF), an effort by the current administration to improve U.S. ties with the region which the White House said aims to strengthen U.S. ties in the Asia-Pacific region. The IPEF effort is to also limit China’s influence in the region as China has officially applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

The initial IPEF members include: Australia, Brunei, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. While Taiwan is absent from the initial 12 member list, the U.S. claims they will work on a separate bilateral agreement with Taiwan on trade and economic affairs.

According to the press release, the goals and purpose of the IPEF include:

  • digital economy and e-commerce, including cross-border data flows, data localization, online privacy, and discriminatory and unethical use of artificial intelligence
  • labor and environment issues and corporate accountability
  • supply chain resiliency, including establishing an early warning system, eliminating bottlenecks in critical mineral supply chains, improving traceability in key sectors, and coordinating on diversification efforts
  • accelerated implementation of the WTO Trade Facilitation Agreement
  • facilitating agricultural trade through science-based decision-making and sound, transparent regulatory practices
  • clean energy, decarbonization, energy efficiency standards, infrastructure, and methane emissions
  • enforcement of effective tax, anti-money laundering, and anti-bribery regimes that include provisions on the exchange of tax information, criminalization of bribery in accordance with UN standards, and effective implementation of beneficial ownership recommendations

The participants will meet later in June to work out the details that will ultimately need Congressional vote and approval. More information about the IPEF will be posted as they become available.

If you have any trade, customs, import, export or compliance questions – please contact David Hsu by phone/text/email, anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

TPP discusses UK membership.

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According to the Kyodo news, the current 11 members of the Trans-Pacific Partnership (TPP) began discussing the United Kingdom’s bid to join the trade pact. If approved, the UK will be the 12th member since the creation of the TPP in 2018. At the time of this post, China and Taiwan have also submitted applications to join the free trade agreement.

While typically known as the TPP, the official name is called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or CPTPP. The chair of the organization rotates and the current chair is Japan.

Entry to the CPTPP requires applicant countries to revise their domestic laws and regulations to meet TPP criteria. If approved, the UK will join Brunei, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Taiwan’s CPTPP application followed by China’s CPTPP application.

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According to a Reuters article, Taiwan’s economy minister, Mei-hua Wang, voiced concern last week after China’s “sudden” decision to apply to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) following Taiwan’s application.

In response, the Taiwan economy minister claims China’s current policies are counter to the principles of free trade and transparency expected by CPTPP members – such as China’s use of import bans and potential inability to meet the high standards required of CPTPP participating countries.

According to the Reuters article, one such motivation for China’s sudden application is because China views Taiwan as part of its territory and does not want Taiwan to join before they join.

The CPTPP was originally going to be known as the Trans-Pacific Partnership (TPP) but the trade agreement was drastically changed in 2017 when former President Donald Trump withdrew the US from the agreement. This led to creation of the current CPTPP linking the following countries: Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Besides Taiwan and China, Britain is also applying for membership.

Lastly, Reuters writes Taiwan has been heartened by recent progress towards trade agreements with the United States and the European Union, which are both frustrated with China’s lack of progress in opening its economy and are keen to show their support for Taiwan’s democracy and much freer market policies.

Japan-US Trade Pact in effect starting January 1, 2020.

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Mt. Fuji in the background, source: Jane Chang

The Japan-U.S. trade agreement started in April 2019, and starting January 1st, comes into effect, resulting in an immediate cut in tariffs on American farm products and a variety of Japanese industrial goods. Unfortunately, the trade agreement does not include passenger cars and auto parts. In addition to a trade agreement, the US and Japan reached an agreement on digital trade. As the US pulled out of the Trans-Pacific Partnership, this trade agreement was crucial for continued US/Japan trade.

Some terms of the trade deal include a reduction in import duty of US beef from 38.5% to 26.6%, with the ultimate duty rate of 9% in 2033. Other duties on cheese, wine, pork will eventually reach zero. In return, US duties on Japanese air conditioner parts and fuel cells were also removed as part of the deal.

While this current trade deal does not address import duties on cars and parts from Japan, second round talks with Washington (set for April 2020) may result in a trade deal. But the United States maintains import duties on cars and auto parts from Japan, despite strong calls for their abolition by the Japanese side.

We have been keeping up with this new trade deal, if you are wondering how it may impact your business, give us a call or text at 832-896-6288 or send us an email to David Hsu at attorney.dave@yahoo.com or work official email: dh@gjatradelaw.com.

USMCA Signing Day for the US.

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Official portrait of President Donald J. Trump, Friday, October 6, 2017. (Official White House photo by Shealah Craighead)

Later today, President Trump will sign the house and senate approved USMCA bill. The replacement for the 25-year old trade agreement NAFTA won’t immediately take effect as Canada remains the only country that has not yet approved the USMCA (expected to do so in a few weeks). Give me a call/text if you have questions how the USMCA will impact you or your business – 832-896-6288 or send me an email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

USMCA to be signed on Wednesday 1/29.

Donald_Trump_official_portrait

Official portrait of President Donald J. Trump, Friday, October 6, 2017. (Official White House photo by Shealah Craighead)

As you are aware, the Senate passed the USMCA legislation last week. According to Reuters, President Trump will sign the USMCA trade agreement next Wednesday at the White House. The Reuters article cites unnamed sources regarding invitations for the upcoming ceremony.

This new US Mexico Canada Agreement (USMCA) wills replace NAFTA and still requires formal approval from Canada.

Contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com if you have questions how the new USMCA may impact your business.

U.S. House passes USMCA, next stop the Senate.

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As you are aware, the U.S. House of Representatives passed an updated version of the USMCA earlier this week. The passage by the House includes revisions to an agreement initially agreed to by the US, Mexico and Canada in September 2018.

The next step for the USMCA is the Senate, where it is not expected to be put to a vote until 2020.

What are some of the changes in the USMCA versus NAFTA?

  • If autos are to qualify for no tariffs, then 75% of the components must be manufactured in Canada, Mexico or the United States (currently at 62.5%).
  • 30% of the work on the vehicle must be performed by individuals making $16 or more per hour, with a 40% requirement in 2023.
  • The new agreement allows works in Mexico to unionize.
  • The definition of steel and aluminum for Mexico in regards to the automotive rules of origin includes “melted and poured” in North America.
  • USMCA will be subject to mandatory review every 6 years, if all parties agree, then there is a 16 year period for review, with subsequent reviews every 16 years.

If you have any further questions how your business may be impacted by the USMCA if and when it is passed next year, contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.

US ends preferential trade for Thai exports.

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Earlier this week, the Office of the United States Trade Representative announced Friday it was suspending $1.3 billion in trade preferences for Thailand under the Generalized System of Preferences (GSP) due to Thailand’s failure to protect worker rights.

The worker rights issues have been an issue for over the years and complaints about working conditions have particularly focused on the fishing industry in Thailand.

The loss of GSP for Thai exports are effective next April and Thailand will likely try to negotiate the issue with the US prior to April of 2020.

If you have any questions how the loss of GSP for exports from Thailand will impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Florida Tomato Exchange asks Commerce Department to reopen antidumping investigation

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On Monday, the Florida Tomato Exchange requested for continuation of the antidumping investigation of fresh tomatoes from Mexico. This is surprising as the investigation was suspended on September 19, 2019, when a new suspension agreement between the Department of Commerce and Mexican growers and exporters went into effect.
The reason for the reopening of the investigation is that the Mexican tomato industry doesn’t agree with the agreement, even though they voluntarily signed the agreement last month.
While the investigation may be reopened, the suspension agreement is not automatically terminated. Once the new investigation is completed, Commerce and the International Trade Commission is tasked to determine whether or not Mexican tomatoes were dumped into the US and whether it caused injury to the US tomato industry. If there is a finding of injury, then the agreement will stay in place – if there is no finding, the agreement will be terminated.
If there is an affirmative finding, the Mexican growers have the option to withdrawal from the agreement, triggering another 90-day time frame to renegotiate before antidumping duties are imposed.
If you have any questions about this or any other antidumping and countervailing duty action, contact trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.