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When they dump cheap products in our markets, subsidize state-owned enterprises, manipulate currencies and discriminate against American companies, our middle class pays the price. That has to stop. As President, my goal will be to win the global competition for the good-paying manufacturing jobs of the future. To make sure it gets done, we should establish and empower a new chief trade prosecutor reporting directly to the president, triple the number of trade enforcement officers and build new early-warning systems so we can intervene before trade violations cost American jobs.

We should also hold other countries accountable for meeting internationally sanctioned labor standards — fighting against child and slave labor and for the basic rights of workers to organize around the world.

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Second, we have to stand up to Chinese abuses. That sounds pretty obscure. So we should reply with only one word: No. With thousands of state-owned enterprises; massive subsidies for domestic industry; systematic, state-sponsored efforts to steal business secrets; and blatant refusal to play by the rules, China is far from a market economy. If China wants to be treated like a market economy, it needs to act like one. Third, we need to crack down on currency manipulation — which can be destructive for American workers.

China, Japan and other Asian economies kept their goods artificially cheap for years by holding down the value of their currencies. Tough new surveillance, transparency and monitoring regimes are part of the answer — but only part. We need to expand our toolbox to include effective new remedies, such as duties or tariffs and other measures. Fourth, we need to stop rewarding U.

Two HVAC plants in Indiana recently decided to move abroad, costing 2, jobs — and likely pocketing a tax deduction.

Fifth, we have to set a high bar for any new trade agreements, and only support them if they will create good jobs, raise wages and advance our national security. I opposed the Trans-Pacific Partnership when it failed to meet those tests, and would oppose future agreements if they failed to meet that bar. America spent generations working with partners to develop strong and fair rules of the road for the global economy — but those rules only work if we enforce them. Tough enforcement and other smart policies to support a manufacturing renaissance are the only way we can ensure that trade helps American workers.

What is the reason that trade is the center of the Presidential debate? I believe at its core there are two fundamental reasons—failure to educate the general populace on the benefits of trade so that they understand how manufacturing in the US is connected in global supply chain with raw material inputs from abroad. This rhetoric has generated a Globalization victimhood way of thinking that all imports are unfairly traded, especially from China.

This is despite the fact that 80 of the outstanding antidumping orders against China are directed at raw materials, chemicals, metal and steel, which goes directly into downstream US production. Restrictions on raw material inputs hurts downstream US industries, which have no standing under US antidumping and countervailing duty laws to argue against the restrictions and have their arguments have any weight in the determination.

Washington State, which is dependent on imports and exports, certainly knows the benefits of trade. The Ports in Washington State are incredibly important for the economic health of the State. But that is not true in many other states, especially in the Midwest and on the East Coast, which have adopted the trade victimization ideology.

In addition, the Steel Industry and Labor Unions make three attacks against China—currency manipulation, cyber hacking and antidumping. When one looks deeper at these arguments, however, they fall apart. Donald Trump and Hilary Clinton have been screaming about currency manipulation. Senator Hatch clearly stated that the reason he opposed the Amendment was because President Obama under pressure from Treasury Secretary Lew stated that if the currency amendment was included, he would veto the TPA bill. Why were President Obama and Treasury Secretary Lew opposed to tough sanctions against currency manipulation?

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Because those sanctions could be used against the United States. As Senator Hatch stated:. It is, at this point, a verifiable fact. We know this is the case, Mr. Virtually all of our major negotiating partners, most notably Japan, have already made clear that they will not agree to an enforceable provisions like the one required by the Portman-Stabenow Amendment.

No country that I am aware of, including the United States, has ever shown the willingness to have their monetary policies subject to potential trade sanctions. While some in this chamber have made decrees that our domestic monetary policies do not constitute currency manipulation, we know that not all of our trading partners see it that way. If the Portman-Stabenow language is adopted into TPA and these rules become part of our trade agreements, how long do you think it will take for our trading partners to enter disputes and seek remedies against Federal Reserve quantitative easing policies?

If the Portman-Stabenow objective becomes part of our trade agreements, we will undoubtedly see formal actions to impose sanctions on U. Clapper, Director of National Intelligence, testified that China cyber- attacks to obtain information on weapon systems are not cyber- crime. It is cyber espionage, which the United States itself engages in. As Dr. In response to a specific question from Senator Ayotte, Director Clapper also specifically admitted that the attack on OPM and theft of US government employee data is state espionage and not commercial activity, which the US also engages in.

See above hearing at 1 hour 18 and 19 minutes. Thus, the United States itself does not want to clearly define Cyber Hacking as unacceptable because it is state espionage and we the United States do it too and are pretty good at it.


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As indicated in numerous past blog posts, more dumping and countervailing duty cases, some against China based on faked numbers, does not solve the trade problem. In doing so, however, China is treated worse the Iran, Russia, Syria and many other countries under the US antidumping law. As indicated below, that issue comes to a boil on December 11, when pursuant to the China WTO Agreement, China is supposed to be treated as a market economy country. Having worked at the Commerce Department, I am convinced that if China were to become a market economy, Commerce would still find very large dumping rates against China.

More importantly, the antidumping, countervailing duty and other trade laws do not work. They do not save US companies and industries. After forty years of trade cases and protection from steel imports, where is the US steel industry today? The total employment of the US Steel industry now is less than one high tech company. Donald Trump and Hilary Clinton have pointed to the closure of manufacturing plants in the US and their move to Mexico. But why did the factories close?

As the Journal stated:. Last year Illinois lost 56 manufacturing jobs per work day while employment increased in most other Midwest states including Wisconsin 18 a day , Indiana 20 , Ohio 58 and Michigan As for Ford, Mr. The increasing wages make it less economical to produce low-margin cars. Mexico has 10 free-trade agreements with 45 countries including Japan and the European Union whereas the U. Companies have to be competitive with foreign competition, and labor unions must work with management to stay competitive with the rest of the World. Not only must US Companies be competitive, but countries, including the United States, must also be competitive and be willing to meet the competition from other countries.

One of the companies was using steel as an input, and was getting smashed by Chinese imports. After getting into the program, not only did the company become prosperous and profitable, it is now exporting products to China. TAA for Companies is hamstrung by neglect with a maximum technical assistance per firm level that has not changed in at least 30 years. The benefit is not paid to the companies, but to consultants, who help the company adjust to import competition.

Congress needs to find a cure to the trade problem, and it is not more trade cases, which do not save US companies and the jobs that go with them. TAA for Companies works, but because of politics, ideology and the resulting Congressional cuts, TAA has been so reduced it is now marginalized and cannot do the job it was set up to do.

Both Republicans and Democrats have failed to formulate a trade policy that will help US companies injured by imports truly adjust to import competition and become competitive in the World again. This failure has created Donald Trump and possibly a new dangerous protectionist era in US politics, which could have a disastrous impact on the US economy. To read more about the TPP and the political negotiations behind the Agreement see past newsletters and my blog, www. The attached text of the Agreement is over 6, pages.

Almost all of the reports are favorable, except for the Steel Report, which takes no position, and the Labor Advisory Report, which is opposed because it is the position of the Unions. The bill makes many changes to the Customs and Trade laws with a specific focus on enforcement, particularly of the Trade laws. Through the program, CBP must establish criteria that importers must meet to obtain an importer-of-record number. Specifically, Section a of the law provides:.

Securities and Exchange Commssion | US China Trade War Blog

Not later than the date that is days after the date of the enactment of this Act, the Commissioner shall establish a program that directs U. Customs and Border Protection to adjust bond amounts for importers, including new importers and nonresident importers, based on risk assessments of such importers conducted by U.

Customs and Border Protection, in order to protect the revenue of the Federal Government. Title IV of the Act, Prevention of Evasion of Antidumping and Countervailing Duty Orders, sets up a new remedy for companies that believe that antidumping and countervailing duty orders are being evaded by shipping through a third country or misclassification or some other means.

The Act creates the Trade Remedy Enforcement Division within Department of Homeland Security, which is charged with developing and administering policies to prevent evasion of US antidumping and countervailing duty orders. The Secretary of Treasury is also authorized to enter into agreements with foreign nations to enforce the trade remedy laws.

On Aug. Those procedures include that CBP must initiate an investigation within 15 business days of receiving an allegation from an interested party and then has days to determine whether the merchandise was entered through evasion.

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If CBP finds that there is a reasonable suspicion that merchandise entered the U. The act also provides an expanded range of penalties where evasion is found to have occurred, including the imposition of additional duties and referrals to other agencies for other civil or criminal investigations. Finally, section of the act, Enhancement of Engagement on Currency Exchange Rate and Economic Policies with Certain Major Trading Partners of the United States, establishes a procedure for identifying trade partners that are suspected of currency manipulation and conducting a macroeconomic analysis of those partners.

The key finding is under section 2 B , where the Treasury Secretary is to publicly describe the factors used to assess under paragraph 2 A ii whether a country has a significant bilateral trade surplus with the United States, has a material current account surplus, and has engaged in persistent one-sided intervention in the foreign exchange market.

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If the Treasury Secretary is unable to address currency manipulation issues with a trading partner, the act authorizes the President to take additional steps to prevent and remedy further manipulation. For instance, the president may prohibit the approval of new financing products, which can be waived only upon a finding of adverse impact on the U. Under that paragraph, entities and other persons for which there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States.

Having looked at the internal confidential ZTE report, which Commerce in a very unusual situation has published as a public document on its website, ZTE truly has been caught red handed. The problem is that through its nonmarket economy methodology, which does not use actual costs and prices to determine dumping, Commerce has created a game, and the Chinese will play it.

I always tell the Chinese companies that this is Customs fraud and they risk civil and criminal prosecution under US Customs and trade laws. In fact, in the past Chinese honey suppliers that used transshipment to get around the US antidumping law were caught in the United States and hauled in front of Federal Court on criminal charges for evasion of US antidumping laws. I have heard of one Chinese company seafood executive arrested in Belgium and sent to Belgian jail on an extradition warrant for evasion of US antidumping laws. Although US judgments are not enforceable in China, Chinese companies have to also realize, that like ZTE, they have grown up and have subsidiaries all around the World.