WITA's Friday Exchange

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Former Trade Negotiators Discuss This Week’s Tariff and Trade Developments

  1. 6d ago

    Ep 55: A Simmer Becomes a Boil: Section 301 Tariffs, China Truce Questions, and a US-EU Digital Dialogue

    In this week's episode, our trade insiders examine the wave of Section 301 tariffs tied to forced labor claims. They dig into the legal framework for these actions, the countries identified in the forced labor Section 301 investigation, and prior court decisions involving USTR and executive branch trade actions. The insiders also cover the excess capacity investigation and its potential implications for countries such as Vietnam and the European Union. The panel then turns to the current state of the U.S.–China trade truce ahead of a high-level Chinese visit expected next month and the broader outlook for bilateral trade relations. They also discuss the possibility of a Section 301 investigation involving EU digital trade and how it intersects with the Turnberry discussions, before concluding with the tariff uncertainty surrounding Canada amid the ongoing USMCA review and broader negotiations. Featured Speakers: Ed Gresser, Vice President & Director for Trade & Global Markets, Progressive Policy Institute; former Assistant U.S. Trade Representative for Trade Policy and Economics - author of the Trade Fact of the Week Blake Harden, Managing Director, Washington Council Ernst & Young; previously served as Trade Counsel on the House Ways & Means Committee; and in the office of the Chief Counsel at U.S. Customs and Border Protection Daniel Mullaney, Non-Resident Senior Fellow, Atlantic Council; former Assistant U.S. Trade Representative for Europe and the Middle East Moderator: Mike Smart, Managing Director, Rock Creek Global Advisors; former Director for International Trade and Investment, National Security Council, The White House; former Trade Counsel, Democratic Staff, U.S. Senate Committee on Finance

  2. Jul 31

    Ep. 54: The Cul-de-sac Conundrum: China's Excess Capacity, 301s, 308s, and the USMCA Reckoning

    This week's episode examines the legal durability of Section 301 tariffs and the untested Section 338s as tools for enforcing forced-labor and discrimination-based tariffs. The insiders weighed how each section could fare before the courts and what procedural gaps, like country-specific fact-finding, could weaken them on appeal. The panelists consider whether these actions are genuinely about changing trading partners' practices or simply generating leverage against China. The conversation then turns to the state of the USMCA review, contrasting a relatively measured negotiating track with Mexico against a more contentious relationship with Canada shaped by ongoing rules-of-origin disputes and broader trade tensions. The panel wraps up with a discussion of China's response to recent excess capacity claims and why the debate is likely to remain at the center of U.S.-China trade policy. Featured Speakers: Peter Harrell, Visiting Scholar, Georgetown Institute for International Economic Law; former Senior Director, International Economics, at the White House under President Biden, whose LinkedIn posts, along with Wendy’s, are much reads for trade nerds. Stephen Vaughn, Partner, International Trade, King & Spalding LLP; former General Counsel, Office of the United States Trade Representative under first Trump Administration Arun Venkataraman, Partner, Covington & Burling; former Assistant Secretary of Commerce & Director General of the US & Foreign Commercial Service; and former Director for India and associate general council at USTR Moderator: Kellie Meiman Hock, Senior Counselor, McLarty Associates; Adjunct Professor, Georgetown University; Board Member, Inter-American Dialogue; former Director of Brazil and the Southern Cone, Office of the United States Trade Representative

  3. Jul 17

    Ep. 52: Return of the Tariff Hammer? Presidential Trade Power and the Graham Russia Sanctions Bill

    In this week's episode, our trade insiders dug into the “Graham Bill” - the bipartisan, bicameral Russia sanctions bill and its open-ended tariff authority. They debated its potential trade repercussions, whether tariffs or targeted export controls are the more effective tool, and whether placing tariffs on allies drives wedges rather than results. They also examined the administration's broader push to reconstruct a tariff regime reminiscent of the IEEPA era, Brazil's Section 301 case as a possible preview of what's ahead, stalled negotiations with India, Vietnam's own Section 301 investigation, and why trading partners may be slow-walking talks. The episode also returned to a broader question running through the discussion: will Congress take steps to reclaim its trade authority, or continue delegating authority to the Executive? Featured Speakers: Blake Harden, Managing Director, Washington Council Ernst & Young; previously served as Trade Counsel on the House Ways & Means Committee; and in the office of the Chief Counsel at U.S. Customs and Border Protection Mayur Patel, Partner, Hogan Lovells; former Chief International Trade Counsel, U.S. Senate Committee on Finance Neena Shenai, Partner, International Trade Investment and Market Access, WilmerHale; former Senior Advisor to the Assistant Secretary, Bureau of Industry and Security at the US Department of Commerce; and former Trade Counsel, House Committee on Ways and Means Moderator: Mike Smart, Managing Director, Rock Creek Global Advisors; former Director for International Trade and Investment, National Security Council, The White House; former Trade Counsel, Democratic Staff, U.S. Senate Committee on Finance

  4. Jul 10

    Ep. 51 - Coffins, Paint Rollers and other Threats to National Security: Time to Update US Trade Laws?

    In this week's episode, our trade insiders discussed the Spain tariff threat and its quick reversal, and what that sequence of events suggests about navigating President Trump’s tariff threats in a post-IEEPA world. The panel also examined how "national security" is being applied as a basis for tariff action across a wide range of products and countries, and discussed the ongoing question about the Congressional role role in setting trade law given the Cold-War era measures like Section 301, 122, and 232 are being used for 21st Century economic and national security purposes.Our trade experts then turned to the Section 301 investigation on forced labor, including a firsthand account of this week's USTR hearings, the standards at issue, and the potential for future litigation. The insiders also covered a joint statement from industry groups representing the apparel and textile sectors, recent developments in the excess capacity case, and a new Section 232 finding on aircraft parts that may point to a broader pattern in how these investigations are being resolved. Featured Speakers: Wendy Cutler, Senior Vice President, Asia Society Policy Institute; former Acting Deputy U.S. Trade Representative Ed Gresser, Vice President & Director for Trade & Global Markets, Progressive Policy Institute; former Assistant U.S. Trade Representative for Trade Policy and Economics - author of the Trade Fact of the Week Daniel Mullaney, Non-Resident Senior Fellow, Atlantic Council; former Assistant U.S. Trade Representative for Europe and the Middle East Moderator: Joe Damond, Non-resident Senior Associate, Center for Strategic and International Studies (CSIS) Southeast Asia program; former Deputy Assistant USTR for Asia

  5. Jul 2

    Ep. 50 - You Can Check Out Anytime, But Can You Ever Leave? USMCA Review and U.S.-EU Trade Talks

    In this week's episode, our trade insiders examine the ongoing USMCA review process, including proposed tariff actions on Canada and Mexico and the debate over how trade deficits should be interpreted in the context of integrated North American supply chains. The panel discusses the possibility of a U.S. withdrawal threat as a negotiating tool, the role of Chinese investment in Canada and Mexico, and what a near-term agreement with Mexico on agriculture might look like ahead of the midterms. The conversation then turns to Europe, tracing how a Section 301 investigation into German pharmaceutical pricing intersects with domestic policy debates in Germany, as well as broader questions about EU industrial policy, technology sovereignty, and the bloc's evolving approach to China. Featured Speakers: Introduction: Kenneth Levinson, CEO, WITA – The International Trade Association Wendy Cutler, Senior Vice President, Asia Society Policy Institute; former Acting Deputy U.S. Trade Representative Daniel Mullaney, Non-Resident Senior Fellow, Atlantic Council; former Assistant U.S. Trade Representative for Europe and the Middle East Kellie Meiman Hock, Senior Counselor, McLarty Associates; Adjunct Professor, Georgetown University; Board Member, Inter-American Dialogue; former Director of Brazil and the Southern Cone, Office of the United States Trade Representative Moderator: Joe Damond, Non-resident Senior Associate, Center for Strategic and International Studies (CSIS) Southeast Asia program; former Deputy Assistant USTR for Asia

  6. Jun 26

    Ep. 49 - Leverage vs. Certainty: The “Steel”ing of America, USMCA, 301s, and Article I Powers

    In this week's episode, our trade insiders dig into the USMCA review process. With the upcoming trilateral meeting on July 1, anything and everything is up for debate. Our former negotiators unpack the divergence over rules of origin, the rising cost of steel and aluminum, and the slow march toward a North American trade fortress. The insiders also cover the summer of the 301s, USTR’s half-deals with various countries, and the China question hanging over the auto industry. They also discussed whether Congress will play a larger role in strategy and the business community's view on the administration's trade policy decisions. Featured Speakers: Introduction: Kenneth Levinson, CEO, WITA – The International Trade Association Kate Kalutkiewicz, Senior Managing Director, McLarty Associates; former Special Assistant to the President and Senior Director for International Trade, National Economic Council, in the first Trump Administration Chris Padilla, Senior Advisor, Brunswick Group; former Under Secretary of Commerce for International Trade Stephen Vaughn, Partner, International Trade, King & Spalding LLP; former General Counsel, Office of the United States Trade Representative under first Trump Administration Moderator: Arun Venkataraman, Partner, Covington & Burling; former Assistant Secretary of Commerce & Director General of the US & Foreign Commercial Service; and former Director for India and associate general council at USTR

  7. Jun 19

    Ep. 48 - The Strait Ahead to a Fragile Truce: Iran, China, Europe and the Coming 301s

    On this week’s episode of WITA’s Friday Exchange, our trade insiders discussed the Trump administration’s new Memorandum of Understanding (MOU) with Iran and its implications for global trade, energy markets, and supply chains. They also examined the future of the Strait of Hormuz, including how provisions that could give Iran a larger role in the waterway’s management may affect maritime governance, regional security dynamics, and discussions surrounding the 24 global maritime chokepoints. They also explored the fragile U.S.-China trade truce, growing European concerns over Chinese over-capacity and subsidies, and the prospects for greater transatlantic coordination on China-related trade challenges. Finally, the group debated whether the administration’s expected Section 301 tariffs on forced labor and excess capacity are targeted efforts to address Chinese economic practices or a strategy to expand tariffs on trading partners around the world. Featured Speakers: Introduction: Kenneth Levinson, CEO, WITA – The International Trade Association Wendy Cutler, Senior Vice President, Asia Society Policy Institute; former Acting Deputy U.S. Trade Representative Ed Gresser, Vice President & Director for Trade & Global Markets, Progressive Policy Institute; former Assistant U.S. Trade Representative for Trade Policy and Economics - author of the Trade Fact of the Week Dawn Shackleford, President at Looking Glass Trade, LLC; former Executive Director for Trade Agreements Policy & Negotiations, Department of Commerce; former Assistant USTR for WTO & Multilateral Affairs Moderator: Michael Smart, Managing Director, Rock Creek Global Advisors; former Director for International Trade and Investment, National Security Council, The White House; former Trade Counsel, Democratic Staff, U.S. Senate Committee on Finance

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Former Trade Negotiators Discuss This Week’s Tariff and Trade Developments

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