Monday, April 5, 2021

Biden faces battery trade case test — Chip pact targeted for Japanese PM visit — Brazil restless in Mercosur

Presented by the U.S. Chamber of Commerce Global Innovation Policy Center: Delivered every Monday by 10 a.m., Weekly Trade examines the latest news in global trade politics and policy.
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By Gavin Bade

Presented by

With help from Doug Palmer

Editor's Note: Weekly Trade is a weekly version of POLITICO Pro's daily Trade policy newsletter, Morning Trade. POLITICO Pro is a policy intelligence platform that combines the news you need with tools you can use to take action on the day's biggest stories. Act on the news with POLITICO Pro.

Quick Fix

President Joe Biden this week must decide whether to overturn an International Trade Commission decision that threatens to derail his electric vehicle plans and risk thousands of jobs in the swing state of Georgia.

President Biden reportedly plans to sign a semiconductor supply chain agreement with Japan this month, but USTR is staying quiet on any new trade talks between the countries.

— And Brazil is pushing for changes in the Mercosur customs union, clashing with Argentina over desires to reduce the bloc's relatively high external tariff.

It's Monday, April 5. Welcome to Weekly Trade. The British tabloid Daily Mail on Sunday provided the royal family-international trade crossover story you've been waiting for. Apparently, a "woke" wellness brand backed by Duchess of Sussex Meghan Markle imported oat powder from a supplier in the capital of the Chinese region of Xinjiang , the site of human rights abuses the U.S. government has labeled a "genocide." No word on whether the duchess, subject of intense scrutiny by British tabloids, was aware of shipments, but the episode shows how the Xinjiang discussion has gone mainstream worldwide.

Send us your tips, royal or otherwise: soverly@politico.com, gbade@politico.com and dpalmer@politico.com.

 

A message from the U.S. Chamber of Commerce Global Innovation Policy Center:

Recovery through ingenuity: intellectual property (IP) is key to economic recovery and defeating the global pandemic. The newly released 9th annual International IP Index shows how economies with strong IP protections are more likely to achieve the benefits needed to combat COVID-19—including greater access to venture capital, increased private sector investment in R&D and over 10 times more clinical trials. LEARN MORE.

 
Driving the Day

BATTERY CASE PITS BIDEN'S CLIMATE GOALS AGAINST US TRADE LAW: Biden this week must decide whether to overturn an International Trade Commission decision that threatens to derail his dream of kickstarting the electric vehicle economy in the U.S.

Factory at stake: The ITC in February ruled that battery maker SK Innovation misappropriated trade secrets from rival South Korean firm LG Chem. If Biden does not overturn the decision by April 11, SK says it will likely have to halt work on a $2.6 billion dollar factory in Commerce, Ga.

Jobs on the line: That plant is slated to provide batteries for a suite of Volkswagen vehicles and the Ford F-150, the most popular vehicle in the country. It would also bring 2,600 jobs to the critical swing state, which helped deliver Biden the presidency and gave Democrats a razor-thin Senate majority.

IP consistency threatened: But overturning the ITC decision would also undermine the U.S. commitment to consistent enforcement of intellectual property laws. And it would come as Biden resists calls from progressive lawmakers and activists to waive intellectual property restrictions on Covid-19 vaccines.

Negating the ITC decision may be necessary for the "prosperity of the American people," but that argument applies "just as strongly" to the vaccine waiver, said an aide to Sen. Bernie Sanders (I-Vt.), who is pushing the White House to issue the waiver.

China reliance looms: SK and battery experts also warn that Ford and Volkswagen may have to turn to Chinese battery suppliers if the battery plant closes, despite grace periods the ITC granted each automaker allowing them to source batteries from the plant for limited periods of time. "The U.S. won't be producing enough of its own batteries in the next five years to make up" for the loss of the Georgia factory, said Simon Moores, managing director at Benchmark Mineral Intelligence.

SK bluffing? LG Chem says that SK Innovation is bluffing. The division of South Korean electronics giant LG Corp. argues SK Innovation will likely finish the factory and supply the automakers for a time. And even if it doesn't, another company could complete the plant. "Multiple investors and manufacturers … will be interested in the Commerce plant due to increased demand for electric vehicle batteries," LG CEO Jong Hyun Kim wrote last month in a letter to Sen. Raphael Warnock (D-Ga.)

USTR on notice: The Office of the U.S. Trade Representative will make the official recommendation to Biden on whether to negate the ITC ruling. The agency declined to comment beyond saying that its review will be completed "within the 60-day deadline outlined by federal law." But former officials say it's an especially tricky issue for the agency's new leader, Katherine Tai.

Settlement possible: The companies could save Biden from the conundrum. LG has said it is open to a settlement that would allow SK to finish its factory in return for "compensation" for the stolen intellectual property. The two sides have so far been unable to agree on a deal, and SK's hand was strengthened last week by a preliminary ITC ruling that it had not infringed on LG's patents in a parallel case. While a deal has yet to materialize, trade officials have been pushing the companies to the table since before Biden took office.

"That's certainly how we hoped this would end," said one former USTR official.

 

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TAIWAN, SEMICONDUCTORS ON TAP FOR JAPAN MEETING: Japanese Prime Minister Yoshihide Suga will be in town to meet with Biden on April 16, the Japanese government said Friday. The sides had targeted April 9 for the visit, but said the extra week would give them time to prepare.

There's no word from USTR as to whether Tai will speak to Japanese trade officials again, following her call to Foreign Minister Motegi Toshimitsu during her first week in the job.

USTR was also mum on whether Tai wants to reopen talks on a full trade agreement with Japan that the Trump administration promised when it reached a mini-deal with Tokyo on agriculture and digital trade in 2019.

Semiconductor pact targeted: China is expected to be a chief focus of Biden's meeting with Suga, particularly the security of Taiwan, which Beijing still considers a breakaway province. Human rights in China's Xinjiang province will also be on the agenda, the South China Morning Post reported over the weekend. And Japan and the U.S. aim to strike a pact for semiconductor supply chains as the world economy reels from a shortage of the computer chips, Nikkei reported.

TAI BACK ON THE HILL SOON: It hasn't been that long since Tai's confirmation hearing in late February. But she's expected to return to Capitol Hill later this month for annual hearings on the President's Trade Agenda. That will be the first opportunity for House Ways and Means members to interrogate their former staffer on Biden's trade priorities. And it will be the Senate Finance Committee's first chance to question Tai since she's been confirmed and able to give fuller answers than she did in her confirmation hearing.

I2C PRESSES TAI ON CHINA: A coalition of digital hardware companies are asking Tai to push the Chinese to open their tightly controlled internet market to firms from the U.S. and other nations. The Internet Infrastructure Association, which includes the likes of Amazon, Microsoft and Google, wrote in a letter to Tai that in the last five years Chinese government has "implemented or proposed regulations that would significantly limit the ability of non-Chinese companies to participate in this growing market," including forced technology transfer and prohibition of virtual private networks.

Tai still hasn't spoken to her Chinese trade counterparts since taking office, but when she does, the I2C urged her to "insist that China provide non-discriminatory treatment for U.S. cloud and associated services suppliers."

BRAZIL GETTING RESTLESS INSIDE MERCOSUR: The South American trade bloc known as Mercosur turned 30 years old last month and it's biggest member, Brazil, is increasingly frustrated with rules of the customs union.

"In 1991 when the Mercosur treaty was signed, Brazil's participation in international trade was just 1.5 percent," Brazil's Foreign Trade Minister Lucas Ferraz said during a recent discussion hosted by the Council of Americas. "If you go to the statistics and you see the figures now, you'll see that the Brazilian share in global exports is basically the same."

One reason for that is Mercosur is a customs union rather than a free trade agreement, so all the countries have the same external tariffs. Unlike NAFTA or its successor, the USMCA, individual members can not negotiate free trade agreements with other countries.

Brazil vs. Argentina: The current situation suits Argentina, which is not eager to open its borders to more foreign trade. But Brazil, under the administration of its controversial and polarizing President Jair Bolsonaro, has pushed for reform.

"We are not happy with the current rules that we have in Mercosur nowadays, especially when it comes to the obligation to negotiate free trade agreements in bloc," Ferraz said. "We would like to give more flexibility to this rule."

Brazil also wants to reduce Mercosur's common external tariff from around to about six or seven percent, from about 11.5 percent currently, "to be aligned with the rest of the world," he said. "But of course, this is a very sensitive issue inside the bloc."

Ambitions with the U.S.: The United States and Brazil, during the waning days of the Trump administration, struck a mini trade deal covering customs issues, best regulatory practices and anti-corruption that both sides hailed as a stepping stone to a more comprehensive pact.

But Democrats on the House Ways and Means Committee, where Tai then worked as chief international trade counsel, blasted the package as an undeserved "reward [to] a Brazilian administration that lacks respect for basic human rights, the environment, and its own workers."

Loophole: Ferraz reiterated Brazil's desire for a bigger trade agreement with the United States, and noted that Mercosur's rules only prevent it from negotiating individually with other countries to reduce tariffs on agricultural and manufactured goods.

"There is no such restriction for instance when it comes to the negotiation of services, investments and government procurement, just to mention a few," Ferraz said.

Digital trade: Many U.S. business groups were disappointed the December mini-deal did not contain a digital chapter. Brazil is ready to begin talks on a bilateral pact with the United States and is already a member of the e-commerce talks at the WTO, Ferraz said.

 

A message from the U.S. Chamber of Commerce Global Innovation Policy Center:

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International Overnight

— The U.K. is brokering labor pacts with U.S. states as it waits for a broader trade deal, POLITICO Europe reports.

— POLITICO's energy team talks to the CEO of SunPower about tariffs, climate and more.

— U.S. natural gas exports are reshaping the energy map in Asia, Reuters reports.

— Secretary of Energy Jennifer Granholm tells PBS that clean energy manufacturing will be a focus of Biden's economic policy.

— Virginia Gov. Ralph Northam sets target to increase agricultural exports by half, the Augusta Free Press reports.

— U.K. chocolate makers say Brexit has cost them customers on the continent, the Irish Times reports.

THAT'S ALL FOR WEEKLY TRADE! See you again soon! In the meantime, drop the team a line: dpalmer@politico.com; gbade@politico.com; soverly@politico.com; jyearwood@politico.com and pjoshi@politico.com. Follow us @POLITICOPro and @Morning_Trade.

 

A message from the U.S. Chamber of Commerce Global Innovation Policy Center:

In 2021, recovery through ingenuity is within our grasp if we enable innovators and creators to keep reaching. Effective intellectual property (IP) systems, outlined in the IP Index, are critical to rebuilding healthy communities, getting people back to work, and reinvigorating the global economy.

Key findings:

· Trade agreements continue to substantively improve national IP frameworks.

· IP supercharged development of therapeutic solutions to combat COVID-19.

· IP is stronger globally despite some governments' misguided response to COVID-19.

· Proposals by some economies could weaken the IP framework responsible for COVID-related innovation.

The 2021 International IP Index shows how transparent and predictable IP rights provide the legal and economic basis for an unprecedented and successful collaboration between government, industry, academia, and NGOs.

 
 

STEP INSIDE THE WEST WING: It actually is infrastructure week ... and it will be for a while. What is the administration's plan to get its top legislative priority through Congress? Add Transition Playbook to your daily reads for details you won't find anywhere else about the state of play of the administration's top priorities and biggest challenges. Track the people, policies and power centers of the Biden administration. Subscribe today.

 
 
 

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