Timeline of Trade Policy in the Biden Administration (2021–present)

Note: This timeline intends to provide a complete list of trade actions taken by the Biden administration since day one (January 20, 2021) in the categories of:

Policy document: includes all proclamations, announcements, decisions, and official reports released by the White House and government agencies under the executive branch (such as the Office of the U.S. Trade Representative).

Policy trend: important public speeches by senior trade officials that indicate critical trends in US trade policy

Trade remedy measures: includes all policy actions taken under the U.S. trade remedy laws, such as anti-dumping, countervailing duty, safeguard measures, and Section 301 investigation. 

Trade agreement: includes the negotiation, modification, and termination of any U.S. free trade agreement and trade preference programs.

Textiles and Apparel: policy issues directly related to the textile and apparel sector

WTO: includes the use of any exciting WTO mechanisms and any WTO-related trade actions.

Suggested Citation: Lu, Sheng. (2023). Timeline of trade policy in the Biden administration. Retrieved from https://shenglufashion.com/timeline-of-trade-policy-in-the-biden-administration/

Disclaimer: All posts on this site are for FASH455 educational and academic research purposes only, and they are nonpolitical and nonpartisan. No blog post intends to either favor or oppose any particular political party or shall be interpreted that way. Please email me (shenglu@udel.edu) with any suggestions and questions.

(updated: March 2023)

March 16, 2023: The Office of the US Trade Representative (USTR) released its summaries from U.S.-Taiwan 21st Century Trade Initiative negotiations. The two sides held the negotiation in January 2023. The summaries detail the negotiating proposals from the U.S. side for the following chapters: customs administration and trade facilitation, good regulatory practices, services domestic regulation, anticorruption, and small- and medium-sized enterprises. [Policy document][Trade agreement]

March 15, 2023: The US International Trade Commission (USITC) released its official assessment on the economic impacts of Section 232 and Section 301 tariffs. The report includes a section specifically evaluating Section 301 tariffs’ impact on the cut and sew apparel industry (NAICS 3152). [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 15, 2023: US Customs and Border Protection (CBP) released its Uyghur Forced Labor Prevention Act (UFLPA) enforcement statistics dashboard. About $22.26 million in shipments of apparel, footwear, and textiles were affected by UFLPA enforcement in 2023Q1, much higher than only $2.45 in 2022Q4. These imports not only came from China, but also included those from Vietnam, Sri Lanka and other sources. [Trade remedy measures] [Textiles and Apparel]

February 24, 2023: The Office of the US Trade Representative (USTR) released its 2022 China WTO Compliance Report. The report again does not believe that either the Section 301 actions or the US-China Phase One trade deal “meaningfully address the more fundamental concerns that the United States has with China’s state-led, non-market policies and practices and their harmful impact on the U.S. economy and U.S. workers and businesses.” [Policy document] [Trade remedy measures]

February 23, 2023: The Customs and Border Protection (CBP) published an updated version of the Uyghur Forced Labor Prevention Act (UFLPA) frequently asked questions (FAQs). In response to the call from the business community, CBP also newly released the Best Practices for Applicability Reviews: Importer Responsibilities. [Policy document][Trade remedy measures] [Textiles and Apparel]

January 31, 2023: The Office of the United States Trade Representative (USTR) released the 2022 Review of Notorious Markets for Counterfeiting and Piracy Report (the Notorious Markets List). According to the report, counterfeit apparel product remains a problem in several countries. The report also reveals the complex trade flows involving counterfeit products. For example, confiscated apparel were found “originated in China and entered Argentina through Brazil.” [Policy document][Trade remedy measures] [Textiles and Apparel]

January 27, 2023: The White House released a Joint Declaration on The Americas Partnership for Economic Prosperity (APEP). The APEP initiative aims to drive the “Western hemisphere’s economic growth, tackle the core issues that will define the coming decades, and galvanize greater economic cooperation.” Expanding regional trade ties is a critical component of the initiative, which intends to “promote greater economic integration in the region and seek to increase collaboration on customs, trade facilitation, logistics, and good regulatory practices; address non-tariff barriers; and promote sustainable quality investment…intend to promote trade that advances workers’ rights and economic security and elevates the role of the self-employed, entrepreneurs, and micro-, small-, and medium-sized enterprises to support supply chain diversification.” APEP members include Barbados, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Mexico, Panama, Peru, the United States, and Uruguay, many are US free trade agreement partners (such as USMCA and CAFTA-DR). [Policy document][Trade agreement]

January 6, 2023: The United States and Japan signed a Memorandum of Cooperation (MOC) to launch a Task Force on the Promotion of Human Rights and International Labor Standards in Supply Chains.[Policy document]

December 16, 2022: The Office of the US Trade Representative (USTR) announced the extension of the China Section 301 tariff action exclusion for 352 products (10-digit HS code). The tariff exclusion would expire on December 31, 2022, and will now expire on September 30, 2023. Several textiles and apparel not are on the list [Policy document][Trade remedy measures] [Textiles and Apparel]

November 23, 2022: The Office of the US Trade Representative (USTR) announced the extension of the China Section 301 tariff action exclusion for 81 COVID-related products (10-digit HS code). The tariff exclusion would expire on November 30, 2022, and will now expire on February 28, 2023. Several PPE-related textile products are on the extension list. [Policy document][Trade remedy measures] [Textiles and Apparel]

November 23, 2022: The Customs and Border Protection (CBP) announced a new Withhold Release Order (WRO) against sugar made by Central Romana Corporation Limited (Dominican Republic). [Policy document][Trade remedy measures]

November 1, 2022: President Biden notified Congress of his intent to terminate Burkina Faso from the African Growth and Opportunity Act (AGOA) as of January 1, 2023. The action was taken based on concerns about the country’s “protection of the rule of law and political pluralism.” According to AGOA, the US needs to give a 60-day notice if terminating a member’s eligibility for the trade preference program. The action usually takes effect on January 1. However, the US may reinstate a country’s eligibility anytime in a calendar year.[Policy document][Trade agreement] [Textiles and Apparel]

October 12, 2022: The Office of the US Trade Representative (USTR) announced detailed procedures for the next steps in the statutory four-year review of the Section 301 China investigation. USTR would accept public comments from November 15, 2022, to January 17, 2023.[Policy document][Trade remedy measures] [Textiles and Apparel]

September 29, 2022: The Biden administration announced a new Pacific Partnership Strategy. Regarding trade, the strategy aims to “establish a Trade and Investment Dialogue with Pacific Islands to promote trade and address market barriers.” Following the strategy’s release, the Office of the US Trade Representative (USTR) further said it would consider “designating eligible members of the Pacific Islands Forum as a regional association for the Generalized System of Preferences program.” [Policy document][Trade agreement]

September 23, 2022: The Office of the US Trade Representative (USTR) released the Biden Administration’s Negotiating Goals for the Connected Economy (Trade) Pillar of the Indo-Pacific Economic Framework (IPEF). USTR said it would USTR focus on the three core priorities: resilience, inclusion and sustainability to “negotiate commitments in the following areas: labor; environment; digital economy; trade facilitation; agriculture; competition policy; transparency and good regulatory practices; inclusivity; and technical assistance and economic cooperation.” [Policy document][Trade agreement] [Textiles and Apparel]

September 9, 2022: The Office of the US Trade Representative (USTR) released the negotiation objectives for the proposed Indo-Pacific Economic Framework (IPEF). In the Trade Pillar, the IPEF partners will seek high-standard provisions in areas that are foundational to resilient, sustainable, and inclusive economic growth, including labor, environment, digital economy, agriculture, transparency and good regulatory practices, competition, inclusivity, trade facilitation, and technical assistance and economic development. However, IPEF will not cover market access and tariff cuts. [Policy document][Trade agreement] [Textiles and Apparel]

September 2, 2022: The Office of the US Trade Representative (USTR) announced it would continue the billions of dollars of Section 301 punitive tariffs against Chinese products. USTR said it made the decision based on a request from “domestic businesses benefiting from the tariff action.” As a legal requirement, USTR will launch a full review of Section 301 tariff action in the coming months. [Policy document][Trade remedy measures] [Textiles and Apparel]

August 17, 2022: The Office of the US Trade Representative (USTR) released the negotiating mandate of the proposed US-Taiwan Initiative on 21st-Century Trade. According to the mandate, the trade negotiation will cover trade facilitation, digital trade, labor, environment, SME, among other issues. However, market access (i.e., tariff reduction) is not part of the negotiation. The US apparel industry, including the American Apparel and Footwear Association (AAFA) has expressed overall support for the trade initiative. [Policy document][Trade agreement] [Textiles and Apparel]

August 12, 2022: The US Commerce Department’s Bureau of Industry and Security (BIS) announced to ban the export of two ultra-wide bandgap semiconductor materials, as well as some types of electronic computer-aided design (ECAD) technology and pressure gain combustion (PGC) technology. The new rule mainly targets China. [Policy document]

August 8, 2022: The White House released the report The US Strategy toward Sub-Saharan Africa. The strategy says the US would “strengthen trade and commercial relations” with SSA and “build on existing programs and policies to increase US investment and trade with Africa.” The strategy also mentions that the Biden Administration will “work with the Congress on the future of AGOA, which expires in 2025, and will support the AfCFTA’s implementation.” [Policy document][Trade agreement] [Textiles and Apparel]

August 4, 2022: The Department of Homeland Security (DHS) released the updated Uyghur Forced Labor Prevention Act Entity List. [Policy document][Trade remedy measures] [Textiles and Apparel]

July 29, 2022: The Customs and Border Protection (CBP) issued a new withhold release order (WRO) against Natchi Apparel (P) Ltd., based in India, affecting garments produced by the company. [Policy document][Trade remedy measures] [Textiles and Apparel]

July 27, 2022: US Trade Representative Katherine Tai and Secretary of Commerce Gina M. Raimondo hosted a virtual ministerial with partners of the Indo-Pacific Economic Framework for Prosperity (IPEF). According to sources, the trade pillar of the IPEF will address labor, environment, digital economy & emerging technologies, agriculture (note: no mention of market access, mostly regulatory transparency), transparency, competition policy, trade facilitation, gender, indigenous population, and development and economic cooperation. The document also says IPEF aims to “create an environment conducive to boosting flows of trade and investment, enhance standards, and to expand access to opportunities for workers, companies, and people” of its members. [Policy document] [Trade agreement]

June 30, 2022: U.S. Customs and Border Protection (CBP) announced the launch of the Green Trade Strategy, a framework to incentivize green trade, strengthen CBP’s environmental enforcement posture, accelerate green innovation, and improve climate resilience and resource efficiency. CBP set four goals: To Incentivize Green Trade, Strengthen Environmental Enforcement Posture, Accelerate Green Innovation, and Improve Climate Resilience and Resource Efficiency. [Policy document]

June 30, 2022: The Office of the US Trade Representative (USTR) released its first Report on the Operation of the United States-Canada Mexico Agreement (USMCA) with Respect to Trade in Automotive Goods. The report concludes that “in the two years since USMCA’s entry into force, vehicle and parts producers have been making significant investments in North American sourcing and production in order to meet the rules of origin. Producers are also taking advantage of flexibilities afforded under the Agreement in order to prepare future production—including new electric vehicles—to comply with the USMCA rules.” [Policy document] [Trade agreement]

June 27, 2022: In a proclamation, President Biden announced to raise the tariff rate on certain Russian imports to 35% as a result of suspending Russia’s “most favored nation (MFN)” trading status over its war in Ukraine. [Policy document][Trade remedy measures]

June 17, 2022: The Customs and Border Protection (CBP) released its strategy for the implementation of the Uyghur Forced Labor Prevention Act (UFLPA) “rebuttable presumption” that goes into effect on June 21, 2022. CBP also released the UFLPA entity list (i.e., entities in Xinjiang that “mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor”). [Policy document][Trade remedy measures] [Textiles and Apparel]

June 16, 2022: President Biden signed into law S. 3580, the “Ocean Shipping Reform Act of 2022.” The bill addresses the high detention and demurrage (late fees) charged by the ocean carriers and terminals which are paid by importers and exporters. The American Apparel and Footwear Association (AAFA) praised the new law. [Policy document]

June 13, 2022: The Customs and Border Protection (CBP) released the importer guidance to assist the trade community in preparing for the implementation of the Uyghur Forced Labor Prevention Act (UFLPA) “rebuttable presumption” that goes into effect on June 21, 2022. [Policy document][Trade remedy measures] [Textiles and Apparel]

June 10, 2022: The Treasury Department released its latest Macroeconomic and Foreign Exchange Policies of Major Trading Partners (June 2022) report. The report identified no country as “currency manipulators.” The Monitoring List comprises China, Japan, Korea, Germany, Italy, India, Malaysia, Singapore, Thailand, Taiwan, Vietnam, and Mexico. . [Policy document][Trade remedy measures]

June 8, 2022: At the Summit of the Americas, President Biden announced the launching of a proposed Americas Partnership for Economic Prosperity. According to the released factsheet, the United States will hold initial consultations with partners in the hemisphere and stakeholders on areas including Reinvigorating Regional Economic Institutions and Mobilizing Investment, Making More Resilient Supply Chains, Updating the Basic Bargain, Creating Clean Energy Jobs and Advancing Decarbonization and Biodiversity, and Ensuring Sustainable and Inclusive Trade. [Policy document] [Trade agreement]

June 7, 2022: Vice President Harris announces $1.9 Billion in new private sector commitments as part of call to action for Northern Central America. Gap Inc. plans to increase its sourcing in Central America by approximately $50 million per year, for a total growth commitment of $150 million by 2025, as part of its strategy to increase supply chain resilience by nearshoring more production to the Western Hemisphere. SanMar, a U.S.-based apparel wholesaler, will increase its purchases of products manufactured in northern Central America by $500 million by 2025. [Policy trend] [Textiles and Apparel]

June 1, 2022: The Office of the US Trade Representative (USTR) announced the launching of the U.S.-Taiwan Initiative on 21st-Century Trade, intending to “develop concrete ways to deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and promote innovation and inclusive economic growth for workers and businesses.” The two sides will negotiate an agreement in the areas of trade facilitation, Regulatory practices, Agriculture, Anti-corruption, Supporting SMEs in trade, Harnessing the benefits of digital trade, Promoting worker-centric trade, Supporting the environment and climate action, Standards, and Non-market policies and practices. However, market access (i.e., cutting tariff and non-tariff barriers) are not mentioned. Meanwhile, Taiwan is not invited to join the IPEF led by the Biden administration. [Policy document] [Trade agreement]

May 27, 2022: In a proclamation, President Biden announced to lift the Section 232 tariffs on Ukrainian steel for one year (from June 1, 2022 to June 1, 2023). [Policy document] [Trade remedy measures]

May 27, 2022: The Office of the U.S. Trade Representative (USTR) announced it would again extend Section 301 product exclusions for 81 medical care products imported from China for another six months (i.e., effective June 1, 2022 to November 30, 2022). Previously, USTR announced to extend the exclusions for these products from November 15, 2021 to May 31, 2022.  [Policy document] [Trade remedy measures]

May 23, 2022: The Biden Administration announced the launching of the Indo-Pacific Economic Framework (IPEF). Members of IPEF currently include Australia, Brunei Darussalam, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand, and Vietnam and Fiji. The framework will focus on four key pillars: Connected Economy (i.e., digital economy), Resilient Economy (i.e., supply chain), Clean Economy (i.e., clean energy and decarbonization), Fair Economy (anti-bribery). However, of concerns to the business community, market access (i.e., tariff cut) is not part of the IPEF. [Policy document] [Trade agreement]

May 5, 2022: The Office of the US Trade Representative (USTR) announced to conduct a four-year review of its Section 301 tariff actions against imports from China. US domestic industries will have the chance to request the continuation of the tariff. If this happens, USTR will conduct a follow-up review with the public comment opportunity from all parties. [Policy document] [Trade remedy measures] [Textiles and Apparel]

April 27, 2022: The Office of the United States Trade Representative (USTR) today released its annual Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. This annual report details USTR’s findings of more than 100 trading partners, including the problem of counterfeit apparel products made in China, India, Guantemala, and Turkey. [Policy document] [Trade remedy measures] [WTO] [Textiles and Apparel]

April 14, 2022: The Office of the United States Trade Representative (USTR) released its Equity Action Plan, developed in accordance with President Biden’s Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (EO 13985). The plan calls for “Strengthening data to consider and improve the distributional effects of trade.” [Policy document]

April 8, 2022: President Biden signed into law H.R. 7108 “Suspending Normal Trade Relations with Russia and Belarus Act,” which suspends normal trade relations with Russia. This means all imports from Russia will be subject to a much higher non-MFN tariff rate. [Policy document] [Trade remedy measures]

April 1, 2022: The Office of the United States Trade Representative Office released its 2023 Fiscal Year Budget report, outlining five goals and objectives for the fiscal year 2023. Several goals and objectives are directly related to the textile and apparel sector [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 31, 2022: USTR released the 2022 National Trade Estimate Report on Foreign Trade Barriers (NTE Report), providing a comprehensive review of significant foreign barriers to U.S. exports of goods and services, U.S. foreign direct investment, and U.S. electronic commerce in key export markets for the United States. Import licensing and tariff barriers are among the top trade barriers related to the textile and apparel sector. [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 23, 2022: Office of the U.S. Trade Representative (USTR) announced the reinstatement of 352 exclusions from the Section 301 tariffs on imported Chinese products in response to public comments solicited in late 2021. The exclusions will apply from October 12, 2021 through December 31, 2022. The exclusions include around 30 textile and apparel products (HS Chapters 50-63, 10-digit code). [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 10, 2022: USTR and the U.S. Department of Commence solicited public comments for the Biden Administration’s Indo-Pacific Economic Framework (IPEF). Most US-based textile and apparel trade associations submitted their comments. [Policy document] [Trade agreements] [Textiles and Apparel]

March 4, 2022: President announced updates to the Buy American Act, which will take effect on October 25, 2022. The changes include 1) Raising the domestic content threshold from 55 percent to 75 percent; 2) applying enhanced price preferences to end products and construction materials deemed critical or made up of critical components. [Policy document]

March 3, 2022: The Office of the United States Trade Representative (USTR) released its 2022 Trade Policy agenda. Regarding textile and apparel, the report highlights the importance of CAFTA-DR and AGOA in promoting regional supply chain and sourcing from related regions. [Policy document] [Trade remedy measures][Textiles and Apparel]

February 17, 2022: The Office of the United States Trade Representative (USTR) released the findings of its 2021 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List).  The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy. The American Apparel and Footwear Association (AAFA), representing US apparel companies and brands, praised the report. [Policy document] [Trade remedy measures][Textiles and Apparel]

February 16, 2022: The Office of the United States Trade Representative (USTR) released its annual “2021 Report to Congress on China’s WTO Compliance,” laying out the Biden Administration’s assessment of China’s membership in the World Trade Organization. The report once again claimed China “retained and expanded its state-led, non-market approach to the economy and trade.”[Policy document] [Trade remedy measures]

February 11, 2022: The Biden administration released its Indo-Pacific Strategy of the United States. The strategy identifies China, climate change, and the pandemic as the most urgent challenges facing the US. Regarding trade, the strategy calls for

  • Develop new approaches to trade that meet high labor and environmental standards
  • Govern our digital economies and cross-border data flows according to open principles, including through a new digital economy framework
  • Advance resilient and secure supply chains that are diverse, open, and predictable
  • Promoting free, fair, and open trade and investment through the Asia-Pacific Economic Cooperation (APEC)

The strategy doesn’t mention the plan of negotiating any free trade agreement with trading partners in the Indo-pacific region. [Policy document]

February 7, 2022: The United States and Japan reached an agreement, which allows Japanese steel products to enter the U.S. market without the application of Section 232 tariffs. Specifically, beginning April 1, 2022, steel from Japan will be subject to a tariff-rate quota (TRQ), allowing a yearly set volume to enter the US tariff-free. In addition, imports of Japanese-origin derivative articles of steel will not be subject to Section 232 tariffs. The agreement with Japan is similar in many respects to the US-EU steel agreement that went into effect on January 1, 2022.[Policy document] [Trade agreement] [Trade remedy measures]

February 4, 2022: According to the Office of the United States Trade Representative, the United States and European Union (EU) concluded negotiations to allow for the resumption of bilateral trade in bivalve molluscan shellfish.  For the first time since 2011, U.S. producers, beginning in the states of Massachusetts and Washington, are eligible to export live, raw and processed bivalve molluscan shellfish to the EU, including oysters, clams, mussels, and whole or roe-on scallops.  EU producers in Spain and the Netherlands are also now eligible to export live and raw bivalve molluscan shellfish to the United States. [Trade agreement]

February 2, 2022: The U.S. – Brazil Protocol Relating to Trade Rules and Transparency enters into force. The Protocol, signed in October 2020, modernizes the 2011 Agreement on Trade and Economic Cooperation (ATEC) by adding new commitments on Trade Facilitation, Good Regulatory Practices, and Anti—Corruption based on the relevant chapters of the United States-Canada-Mexico Agreement. [Policy document] [Trade agreement]

January 28, 2022: The Customs and Border Protection (CBP) issued a new Withhold Release Order (WRO) against disposable gloves produced in Malaysia by YTY Industry Holdings Sdn Bhd (YTY Group), including YTY Industry Sdn Bhd, Green Prospect Sdn Bhd, and GP Lumut. The WRO is effective immediately. [Policy document] [Trade remedy measures][Textiles and Apparel]

January 26, 2022: The United States Departments of Commerce, Homeland Security, Labor, State, the Treasury, and the Office of the U.S. Trade Representative (USTR) issued a Burma (Myanmar) business advisory to inform the public of the heightened risks associated with doing business in Burma, and in particular with the military junta. The advisory states that “The United States does not seek to curtail legitimate business and responsible investment in Burma.” And the advisory did not single out the textile and apparel sector in the country, although the Department of Labor in June 2021 found clothing made in Myanmar involved child labor. [Policy document] [Trade remedy measures] [Textiles and Apparel]

January 25, 2022: The Office of the United States Trade Representative (USTR) announces the Development of a Focused Trade Strategy to Combat Forced Labor. In the press release, USTR says “The development of this strategy will include a thorough, interagency review of USTR’s existing trade policies and tools used to combat forced labor, including forced child labor, to determine areas that may need strengthening and gaps that need to be filled. USTR will use this analysis to establish objectives, priorities, new tools, and key action items to advance the Administration’s goals to combat forced labor. The agency will undertake an inclusive process that maximizes input from stakeholders, including labor organizations, civil society, survivors, and the private sector.” [Policy document] [Trade remedy measures] [Textiles and Apparel]

January 2022: The 2022 Harmonized Tariff Schedule (HTS) of the United States takes effect. The new HTS affects several textile and apparel products, including HS codes under 5501, 5703, 5802, 5911, 6116, 6201, 6202, 6210 and 6306. [Policy document] [Textiles and Apparel]

December 23, 2021: In a proclamation, President Biden legally announced to terminate Ethiopia, the Republic of Guinea (Guinea), and the Republic of Mali (Mali) as beneficiary countries for the African Growth and Opportunity Act (AGOA), effective January 1, 2022. The termination decision was based on concerns about the conditions of human rights, rule of law, and political pluralism in the three countries [Policy document] [Trade agreement] [Textiles and Apparel]

December 23, 2021: The Committee for the Implementation of Textile Agreements (CITA) approved two new CAFTA-DR short supply list requests, including certain polyester/spandex 3-layered bonded fabric and 100% polyester 3-layered bonded fabric. VF Corporation submitted the requests.[Policy document] [Trade agreement] [Textiles and Apparel].

December 23, 2021: President Biden signed into law H.R. 6256 (Uyghur Forced Labor Prevention Act), which bans imports from the Xinjiang Uyghur Autonomous Region (Xinjiang) of the People’s Republic of China and imposes sanctions on foreign individuals responsible for forced labor in the region. The bill was passed by the House on December 14, 2021 and by the Senate on December 16, 2021. [Policy document] [Trade remedy measures] [Textiles and Apparel]

December 20, 2021: The Customs and Border Protection (CBP) issued a Withhold Release Order (WRO). Effective December 20, 2021, CBP will detain disposable gloves produced in Malaysia by Brightway Holdings Sdn Bhd, Laglove (M) Sdn Bhd, and Biopro (M) Sdn Bhd (collectively, Brightway Group). [Policy document] [Trade remedy measures] [Textiles and apparel].

November 30, 2021: The Office of the US Trade Representative (USTR) announced extending 81 COVID-related medical product Section 301 exclusions to expire six months after November 30, 2021.  The new expiration will be on May 31, 2022. Previously, the Section 301 exclusions included 99 COVID-related products. However, 18 product exclusions, including some chemicals and textile PPE products, were not renewed this time due to objections from US domestic producers. [Policy document] [Trade agreement] [Textiles and Apparel].

November 24, 2021: The United States and India reached an agreement regarding the digital services taxes (DSTs) dispute. India will remove its existing DSTs prior to the entry into force of Pillar 1 of the Organization for Economic Cooperation and Development’s historic agreement on global taxation. In return, the United States will terminate the currently-suspended additional duties on goods of India that had been adopted in the DST Section 301 investigation. [Policy document] [Trade remedy measures]

November 22, 2021: The United States and Turkey reached an agreement regarding the digital services taxes (DSTs) dispute. Turkey will remove its existing DSTs prior to the entry into force of Pillar 1 of the Organization for Economic Cooperation and Development’s historic agreement on global taxation. In return, the United States will terminate the currently-suspended additional duties on goods of Turkey that had been adopted in the DST Section 301 investigation. [Policy document] [Trade remedy measures]

November 19, 2021: The Office of the US Trade Representative (USTR) announced that it would terminate the actions it had taken under Section 301 of the Trade Act of 1974 with respect to digital services taxes (DSTs) adopted by Austria, France, Italy, Spain and the United Kingdom. [Policy document] [Trade remedy measures]

November 2, 2021: President Biden announced that Ethiopia, Mali, and Guinea would be terminated from the African Growth and Opportunity Act (AGOA) trade preference program as of January 1, 2022. The termination decision was based on concerns about the conditions of human rights, rule of law, and political pluralism in the three countries [Policy document] [Trade agreement] [Textiles and Apparel].

September 29, 2021: The United States and the European Union launched a U.S.-EU Trade and Technology Council (TTC). The TTC’s overall objective is to promote U.S. and EU competitiveness and prosperity and the spread of democratic, market-oriented values by increasing transatlantic trade and investment in products and services of emerging technology, strengthening our technological and industrial leadership, boosting innovation, and protecting and promoting critical and emerging technologies and infrastructure. The United States and the EU have established 10 TTC Working Groups, which are chaired by relevant U.S. agencies and European Commission services. These working groups will focus on tech standards, climate and green tech, secure supply chains, information and communications technology and services (ICTS) security and competitiveness, data governance and tech platform regulation, misuse of technology threatening security and human rights, export controls, investment screening, promoting SME access to and use of digital technologies, and global trade challenges. [Policy document] [Trade agreement]

October 31, 2021: The US and the European Union (EU) reached an agreement regarding the Section 232 tariffs on EU’s steel products. The US will replace the existing 25% Section 232 punitive tariffs on EU steel products with a tariff-rate quota (TRQ) to take effect on January 1, 2022. [Policy document] [Trade remedy measures]

July 20, 2021: The Office of the United States Trade Representative (USTR) announced the intention of the U.S. to join the WTO Joint Statement Initiative on Services Domestic Regulation (DR JSI). USTR says the initiative is an opportunity to improve the transparency and fairness of processes for obtaining overseas licenses for U.S. professionals to provide services, such as engineers, architects, and environmental consultants. It also can help firms in retailing, express delivery, and financial services. [WTO]

July 19, 2021: U.S. Department of Treasury said in a statement that it had reached an agreement with the State Bank of Vietnam regarding the Treasury’s concerns about Vietnam’s currency practices. According to a separate USTR statement, the section 301 tariff seems to be on hold, but the case is not closed yet. [Trade remedy measures]

July 16, 2021: the U.S. Department of State, along with the U.S. Department of the Treasury, the U.S. Department of Commerce, and the U.S. Department of Homeland Security, issued a business advisory to caution U.S. businesses about emerging risks to their operations and activities in Hong Kong. Many of these risks stem from the implementation of the Law of the People’s Republic of China (PRC) on Safeguarding National Security in the Hong Kong Special Administrative Region, also known as the National Security Law (NSL), and other recent legislative changes. [Policy document] [Trade remedy measures]

July 16, 2021: The U.S. Customs and Border Protection (CBP) released its Enforcement Statistics Fiscal Year 2021. In fiscal year 2021 (as of June 2021), CBP has detained 674 shipments by enforcing the withhold release orders (WROs), up 108% from 2020. The total Value detained cargo related to WROs reached $275 million, up 395% from FY 2020. [Trade remedy measures]

July 14, 2021: The Senate approved the Uyghur Forced Labor Prevention Act (S. 65) by voice vote. [Policy document] [Trade remedy measures]

July 13, 2021: The U.S. Department of State, alongside the U.S. Department of the Treasury, the U.S. Department of Commerce, the U.S. Department of Homeland Security, the Office of the U.S. Trade Representative, and the U.S. Department of Labor issued an updated Xinjiang Supply Chain Business Advisory to highlight the heightened risks for businesses with supply chain and investment links to Xinjiang, given the entities complicit in forced labor and other human rights abuses there and throughout China. This updates the original Xinjiang Supply Chain Business Advisory issued by U.S. government agencies on July 1, 2020. [Policy document] [Trade remedy measures] [Textiles and Apparel]

July 8, 2021: The United States and Mexico today announced a course of remediation which seeks to provide the workers of the General Motors facility in Silao, Mexico with the ability to vote on whether to approve their collective bargaining agreement in free and democratic conditions, and to remediate the denial of the right of free association and collective bargaining to workers at the facility.  This first course of remediation under United States-Mexico-Canada Agreement’s novel Rapid Response Labor Mechanism. The course of remediation’s end date is September 20, 2021. [Policy document] [Trade agreement] [Trade remedy measures]

July 1, 2021: The new sewing thread rules under the U.S.-Mexico-Canada Trade Agreement (USMCA) enters into force. Starting from today, sewing thread of headings 5204, 5401 or 5508, or yarn of heading 5402 (used as sewing thread), must be originating from USMCA members for qualifying apparel. [Trade agreement] [Textiles and Apparel]

June 24, 2021: The U.S. Customs and Border Protection (CBP) issued a new withhold release order (WRO)  against Hoshine Silicon Industry Co. Ltd., a company located in China’s Xinjiang Uyghur Autonomous Region. The WRO instructs personnel at all U.S. ports of entry to immediately begin to detain shipments containing silica-based products made by Hoshine and its subsidiaries. [Policy document] [Trade remedy measures]

June 23, 2021: The Department of Labor released the updated List of Goods Produced by Child Labor or Forced Labor. Textiles and apparel products made in 32 countries were found with the problem of using child labor or forced labor. [Policy document] [Trade remedy measures] [Textiles and Apparel]

June 10, 2021: US Trade Representative Katherine Tai outlined the Biden administration’s “worker-centered trade policy” in her remarks during an AFL-CIO town hall. Tai mentioned her coal to “improve worker representation in trade policy in the United States and in multilateral organizations.”[Policy trend][WTO]

June 2, 2021: The Office of the United States Trade Representative announced the conclusion of the one-year Section 301 investigations of Digital Service Taxes (DSTs) adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom.  The final determination in those investigations is to impose additional tariffs on certain goods from these countries, while suspending the tariffs for up to 180 days to provide additional time to complete the ongoing multilateral negotiations on international taxation at the OECD and in the G20 process. The announced Section 301 tariff action covers several textile and apparel products (HS Chapters 50-63) from Italy, Turkey, and UK, including:

  • Austria: no textile and apparel affected
  • India: no textile and apparel affected
  • Italy (25 percent punitive tariffs): all 8-digit codes under 6103, 6104, 6110, 6117,6203,6204
  • Spain: no textile and apparel products covered
  • Turkey (25 percent punitive tariffs): all 8-digit codes under 5701, 5702, 5703, 6302
  • UK (25 percent punitive tariffs): 6104.43.20, 6201.12.20, 6201.92.45, 6202.12.20, 6202.13.40,6202.92.90, 6204.43.40, 6204.44.40, 6204.49.10, 6205.20.20, 6215.10.00

[Policy document] [Trade remedy measures] [WTO] [Textiles and Apparel]

May 2021: The Office of the United States Trade Representative Office released its 2022 Fiscal Year Budget report, outlining six goals and objectives for the fiscal year 2022. [Policy document] [Trade remedy measures] [Textiles and Apparel]

May 28, 2021: The US Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) against Dalian Ocean Fishing Co., Ltd. based on information that reasonably indicates the use of forced labor in the entity’s fishing operations. [Policy document] [Trade remedy measures]

May 5, 2021: United States Trade Representative Katherine Tai released a statement announcing the Biden-Harris Administration’s support for waiving intellectual property protections for COVID-19 vaccines. The statement says the the United States will “actively participate in text-based negotiations at the World Trade Organization (WTO)” regarding waving the IPR for COVID vaccines. The current WTO agreement—the Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS, provides patent protection to technological innovations, including drugs and vaccines. [WTO] 

April 30, 2021: The Office of the United States Trade Representative (USTR) today released its annual Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. This annual report details USTR’s findings of more than 100 trading partners, including the problem of counterfeit apparel products made in China, Turkey, Guatemala, and Peru. [Policy document] [Trade remedy measures] [WTO] [Textiles and Apparel]

April 22, 2021: The Biden administration released its US International Climate Finance Plan. As part of the plan, the Export-Import Bank of the United States (EXIM) will “identify ways to significantly increase, as per its mandate, its support for environmentally beneficial, renewable energy, energy efficiency, and energy storage exports from the United States.” [Policy document]

April 16, 2021: The Biden administration released its first Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners (April 2021). The report removed Vietnam and Switzerland from the “currency manipulator”, reversing the Trump administration’s December 2020 decision. China, Japan, Korea, Germany, Ireland, Italy, India, Malaysia, Singapore, Thailand, and Mexico were on the monitoring list. Analysts say the report reveals the Biden administration’s intention to de-escalate trade tensions with US allies. [Policy document] [Trade remedy measures]

March 31, 2021: The Office of the US Trade Representative (USTR) released its 2021 National Trade Estimate (NTE) Report. Most trade barriers facing U.S. textile and apparel products in the foreign markets concentrate on high tariffs, rules of origin documentation requirements and licencing requirements. [Policy document] [Trade remedy measures] [WTO] [Textiles and Apparel]

March 29, 2021: The Customs and Border Protection (CBP) announced to seize disposable gloves produced in Malaysia by Top Glove Corporation Bhd based on a forced labor finding. [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 29, 2021: In response to the military coup, the Office of the US Trade Representative (USTR) announced to suspend all US engagement with Myanmar under the 2013 Trade and Investment Framework Agreement (TIFA),“until the return of a democratically elected government.” The suspension does NOT mean the US is banning or prohibiting imports from Myanmar. However, should US Congress renew the Generalized System of Preferences (GSP) program, which expired in December 2020, Myanmar could be excluded from the benefits. [Policy document] [Trade remedy measures]

March 26, 2021: The Office of the US Trade Representative (USTR) proposed to impose an up to 25 percent punitive tariffs on imports from  AustraliaIndiaItalySpainTurkey and the United Kingdom in response to their planned digital service tax (DST) targeting US companies. The proposal covers several textile and apparel products (HS Chapters 50-63) from these six countries, including:

  • Austria: 5209.12.00, 5402.49.91, 5404.19.10, 5404.19.80, 5603.94.10, 5603.94.90
  • India: 5109.90.90, 6212.10.50
  • Italy: all 8-digit codes under 6103, 6104, 6110, 6117,6203,6204,6211,6215
  • Spain: no textile and apparel products covered
  • Turkey: all 8-digit codes under 5702, 5703, 6302 and 6303.91.00
  • UK: 6104.43.20, 6201.12.20, 6201.92.45, 6202.12.20, 6202.13.40,6202.92.90, 6204.43.40, 6204.44.40, 6204.49.10, 6205.20.20, 6215.10.00

Before taking action, USTR will accept public comments until the end of April 2021 and announce its decision by May 2021. Meanwhile, USTR also announced to terminate the DST investigation against Brazil, the Czech Republic, the European Union, and Indonesia. [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 18, 2021: Katherine C. Tai was officially sworn in as the US Trade Representative.

March 10, 2021: The Office of the US Trade Representative (USTR) announced to extend the exclusion of PPE and medical-care products related to COVID-19 from Section 301 punitive tariffs against Chinese products. The exclusion covers a limited category of textile and apparel products, including 9903.88.64 (cover 5603.12.0090, 5603.14.0090, 5603.92.0090, 5603.93.0090), 9903.88.65 (5210.11.4040, 5210.11.6020, 5504.10.0000, 6210.10.5010, 6210.10.5090). The extension will be effective from 1 April to 30 September 2021. [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 5, 2021: The Office of the US Trade Representative (USTR) announced to suspend airbus dispute 25% retaliatory tariffs on European Union’s products starting from 5 March 2021 for four months (i.e., around 4 July 2021). USTR says the suspension would “allow time to focus on negotiating a balanced settlement to the disputes, and begin seriously addressing the challenges posed by new entrants to the civil aviation market from non-market economies, such as China.” Meanwhile, the UK had ceased applying retaliatory tariffs in the Boeing dispute from 1 January 2021. [Policy document] [Trade remedy measures]

March 4, 2021: The Office of the US Trade Representative (USTR) announced to suspend airbus dispute retaliatory tariffs on UK’s products starting from 4 March 2021 for four months (i.e., around 4 July 2021). The 25% retaliatory tariffs apply to several apparel exports (such as sweaters) from the UK to the US. USTR says the suspension would “allow time to focus on negotiating a balanced settlement to the disputes, and begin seriously addressing the challenges posed by new entrants to the civil aviation market from non-market economies, such as China.” Meanwhile, the UK had ceased applying retaliatory tariffs in the Boeing dispute from 1 January 2021. [Policy document] [Trade remedy measures] [Textiles and Apparel]

March 1, 2021: The Biden administration released its 2021 President’s Trade Agenda and 2020 Annual Report. Revealing the Biden administration’s worker-centric trade policy, the report calls for “putting workers at the center of trade policy.” Related, the report says the Biden Administration will seek to understand better “the projected impact of proposed trade policies on communities of color and to ensure those impacts are considered before pursuing such policies.” The report further confirms Biden’s emphasis on climate change and says his trade agenda will “include the negotiation and implementation of strong environmental standards that are also critical to a sustainable climate pathway.” Additionally, the report says the Biden administration will “make it a top priority to address the widespread human rights abuses in China” and use the WTO to engage friends and allies. [Policy document] [Trade remedy measures] [WTO]

February 24, 2021: The Customs and Border Protection (CBP) released the Xinjiang Uyghur Autonomous Region WRO Frequently Asked Questions web page. The page clarifies the scope of the Withhold Release Orders(WROs) against cotton made in Xinjiang, proof of admissibility, and due diligence. [Policy document] [Trade remedy measures] [Textiles and Apparel]

February 24, 2021: In an executive order (EO) released today, President Biden announced to conduct a 100-day supply chains review on several key US industries, including semiconductors, batteries, strategic minerals, and pharmaceuticals. The review will also cover certain critical business sectors, such as national defense, public health, information and communication technology, energy, transportation, and agriculture. Further, the EO explicitly asks the Secretary of Health and Human Services, in consultation with the heads of appropriate agencies, to submit a report identifying risks in the supply chain of personal protective equipment (PPE). PPE includes textile products like facial masks, gowns and gloves. More comprehensive reform and supply chain strategies are likely to follow after the supply chain review requested by the EO. [Policy document] [Textiles and Apparel]

February 2, 2021: The Office of the US Trade Representative Office announced to support Dr. Ngozi Okonjo-Iweala as the next Director General of the WTO. Previously, the Trump administration did not support Ngozi’s candidacy. [WTO]

January 25, 2021: President Biden issued an Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers, as part of his “Build Back Better” economic recovery plan. The order created the role of a “director of Made-in-America” within the Office of Management and Budget and increased the threshold and price preferences for domestic goods. [Policy document]

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