Overview

Title

To suspend normal trade relations with the People’s Republic of China and to increase the rates of duty applicable with respect to articles imported from the People's Republic of China, and for other purposes.

ELI5 AI

The bill wants to stop trading normally with China and make Chinese things cost more when they come to America because China hasn't been playing fair. It also wants to save money to help workers and businesses that might get hurt if China stops buying from us.

Summary AI

The bill S. 5264 aims to suspend normal trade relations with China and increase the import duties on Chinese products. Congress believes this is necessary because China has not complied with previous trade agreements and continues to engage in unfair and harmful trade practices. The bill includes measures to enforce higher duties through a gradual increase and exemptions for certain products, while also allowing the President to impose quotas or prohibit certain imports for national security reasons. It establishes a fund to compensate U.S. industries affected by potential Chinese retaliation, with any remaining funds going to the Department of Defense.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5264is

Bill Statistics

Size

Sections:
11
Words:
17,415
Pages:
69
Sentences:
332

Language

Nouns: 5,390
Verbs: 1,436
Adjectives: 1,180
Adverbs: 372
Numbers: 1,165
Entities: 761

Complexity

Average Token Length:
5.64
Average Sentence Length:
52.45
Token Entropy:
5.95
Readability (ARI):
35.23

AnalysisAI

The proposed legislation, known as the "Neither Permanent Nor Normal Trade Relations Act," seeks to significantly alter the economic relationship between the United States and the People's Republic of China. The bill aims to suspend the current favorable trade status China enjoys under U.S. law, increasing duties on imports from China and granting the President broad authority to further adjust these tariffs or even prohibit certain imports on grounds such as national security or human rights violations. It sets up a trust fund to use revenues from these duties to compensate U.S. industries affected by Chinese trade practices, directing any remaining funds to defense spending.

General Summary of the Bill

The bill proposes discontinuing normal trade relations with China and establishing higher import duties for Chinese goods. It also empowers the President to further modify these duties and impose trade restrictions based on certain criteria. Additionally, the bill seeks to reevaluate the U.S.'s position within the World Trade Organization (WTO) framework, allowing modifications to the U.S. duty concessions. A trust fund is set up to cushion American producers from potential Chinese trade retaliations, with surplus funds earmarked for defense acquisitions.

Summary of Significant Issues

One key issue is the lack of clarity regarding how long the suspension of normal trade relations with China will last. This could lead to uncertainty in the market. The bill grants extensive authority to the President, which might lead to subjective administration of trade policy without regular oversight. The requirement that importers submit statements attesting to the "United States value" of goods could impose additional administrative burdens on businesses. Furthermore, the bill seems to focus heavily on punitive measures without offering alternative solutions for affected industries. There is also concern about redirecting funds intended for mitigating trade impacts to defense spending instead.

Impact on the Public

For the general public, this bill might result in increased prices for goods and products imported from China, contributing to inflationary pressures, especially if businesses pass on the heightened costs. Consumers might face higher costs or decreased availability of products that rely on Chinese imports.

Impact on Specific Stakeholders

Businesses and Importers: Firms that rely on Chinese goods as part of their supply chain may experience increased operational costs due to higher duties and tariffs. Smaller businesses, in particular, might struggle with the administrative demands of valuing imports. Industries with high dependencies on Chinese components might incur losses or see disruptions.

U.S. Labor Market: The proposed trade restrictions could lead to increased opportunities for U.S. manufacturing jobs if production shifts domestically. However, there could also be job losses in retail and industries reliant on imports.

Defense Industry: The defense sector might benefit from the surplus of resources directed towards acquiring military equipment, potentially enhancing national security capabilities.

International Relations: The bill's focus on suspension of normal trade relations based on national security might exacerbate U.S.-China geopolitical tensions, affecting diplomatic and trade relations with both China and WTO member nations.

Financial Assessment

The bill S. 5264 outlines several financial provisions aimed at managing the economic impact of altering trade relations with the People's Republic of China. This commentary will focus on the financial aspects and their associated implications from the bill.

Financial Appropriations and Allocations

One of the significant financial elements of the bill is the authorization of appropriations to the United States International Trade Commission. Specifically, the bill authorizes $3,600,000 for fiscal year 2025 and $3,000,000 for fiscal year 2026 and each subsequent year. These funds are intended for hiring additional employees and improving information technology capabilities (Section 9). This allocation highlights the need for enhanced resources to likely handle the anticipated increase in workload arising from the new trade policies.

Trust Fund for Duty Revenue

The bill establishes a trust fund to manage the revenue generated from duties on Chinese imports. The trust is meant to compensate U.S. industries that might face economic retaliation from China due to the new trade measures (Section 8). However, the potential diversion of these funds to the Department of Defense for acquiring various military supplies, such as missiles and defense systems, has raised concerns. The criticism lies in the possibility of misallocating these funds away from their primary intent, which is to mitigate trade retaliation impacts. Critics argue that funds could be consumed by defense expenditures rather than supporting affected industries, thereby raising issues of wasteful government spending.

Economic Impacts and Support Mechanisms

The bill acknowledges the potential economic fallout of suspending normal trade relations with China but does not thoroughly address compensatory measures for industries that may be adversely affected. While it does create a compensation mechanism through the trust fund, the fund’s dual-purpose role—potentially serving defense allocations—might dilute the effectiveness of economic support to impacted sectors. This concern links to the criticisms highlighted in the bill regarding the potential negative impacts on the labor market and the manufacturing sector, as well as overall consumer prices resulting from increased tariffs (Sections 2, 3, and 4).

Administrative Burdens and Transparency

Further, the bill requires importers to provide statements regarding the “United States value” of imported Chinese merchandise (Section 5). This requirement could impose significant administrative burdens, especially on smaller businesses, which may struggle with compliance costs and procedural complexity. The verification process lacks transparency, leading to concerns over potential bias and favoritism in valuing imports. These administrative challenges underscore the necessity for clarity and assistance measures to mitigate the procedural load on businesses involved in trade.

In summary, while the bill provides a structured approach to reallocating revenue through duties and aims to buttress U.S. industries against potential Chinese retaliatory actions, concerns exist around the effective allocation and use of these funds. Clear strategies for compensation and transparent processes for managing trade procedures are essential to ensure the financial elements of the bill are executed efficiently and equitably.

Issues

  • The bill proposes the suspension of normal trade relations with the People's Republic of China without specifying the duration of this suspension, which could lead to significant uncertainty in international trade relations and economic impacts on businesses relying on Chinese imports (Section 3).

  • The authority granted to the President to modify tariffs and potentially prohibit imports from China is broad and may lack adequate checks and balances, risking subjective or arbitrary use of this power without regular Congressional oversight (Section 4).

  • The requirement for importers to submit statements of the 'United States value' of merchandise from China could impose significant administrative burdens, particularly on smaller businesses, and the verification process lacks transparency, leading to potential bias or favoritism (Section 5).

  • The potential economic impacts of suspending trade relations with China, including on the labor market, manufacturing sector, and consumer prices, are not addressed in the text, leading to concerns about unanticipated negative effects on the U.S. economy (Sections 2, 3, and 4).

  • The trust fund's allocation of duty revenue for purposes such as defense spending could divert funds away from their intended use for mitigating trade retaliation impacts, raising concerns of misallocation or wasteful government spending (Section 8).

  • Complex and technical language used throughout the bill, particularly in the section detailing modifications to tariffs, may create difficulty for stakeholders and the general public to fully understand the changes and anticipate their implications (Section 4).

  • The sense of Congress that continued normal trade relations with China poses a threat to national security could contribute to heightened geopolitical tensions and requires a clearer rationale to justify such a significant policy shift (Section 2).

  • There is a lack of alternative measures or compensatory initiatives for industries adversely affected by the suspension of normal trade relations with China, potentially leaving businesses vulnerable (Section 3).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this act states its official name, which is the “Neither Permanent Nor Normal Trade Relations Act.”

2. Findings; sense of Congress Read Opens in new tab

Summary AI

Congress provides a series of findings regarding U.S. trade relations, specifically focusing on the treatment of China and the impact of its practices on the U.S. economy, including concerns about lost jobs and intellectual property theft. It expresses that continuing normal trade relations with China threatens national security and suggests modifying trade agreements to address such issues without violating international commitments.

Money References

  • China’s approach makes it an outlier and continues to cause serious harm to workers and businesses in the United States and around the world.”. (14) Since the entry of the People's Republic of China into the WTO, the United States has lost tens of thousands of factories, millions of manufacturing jobs, and trillions of dollars of intellectual property.
  • The United States now suffers chronic annual trade deficits that exceed $1,000,000,000,000, primarily driven by the predatory trade practices of the People’s Republic of China.

3. Suspension of normal trade relations with the People’s Republic of China Read Opens in new tab

Summary AI

The section mandates that, starting the day after this act becomes law, products from China will no longer receive the same favorable trade treatment established by a previous law, overriding any conflicting laws.

4. Modifications to rates of duty to address trade with the People's Republic of China Read Opens in new tab

Summary AI

The President is tasked with adjusting the duties, or import taxes, on goods from China to make them higher than current rates. This includes setting minimum duty rates for some items, adjusting duties annually for inflation, and gradually phasing in these increases over several years. Additionally, the President can modify duties further if necessary to reduce dependency on Chinese imports or respond to unfair practices and can also set quotas or bans on certain Chinese goods if they threaten U.S. security or human rights.

5. Valuation of merchandise imported from the People's Republic of China Read Opens in new tab

Summary AI

Merchandise imported from China is to be valued based on its United States market price. Importers must present the U.S. value of their goods to Customs and Border Protection, which will verify and, if necessary, adjust this value, reporting their findings to the U.S. International Trade Commission.

403. Valuation of merchandise imported from the People's Republic of China Read Opens in new tab

Summary AI

Merchandise imported from China into the U.S. must be appraised based on its U.S. market value. Importers are required to provide a statement of this value, which U.S. Customs and Border Protection will verify and, if necessary, adjust before reporting to the U.S. International Trade Commission.

6. Cooperation and accountability at World Trade Organization Read Opens in new tab

Summary AI

The United States Trade Representative will instruct the U.S. Ambassador to the World Trade Organization to adjust the U.S. Schedule of Concessions on goods. This will allow the U.S. to change duty rates on imports from other WTO members, potentially denying normal trade relations if needed, without breaking existing trade agreements.

7. Exception to duty exemption for de minimis entries and modifications to entry regulations Read Opens in new tab

Summary AI

The section modifies the Tariff Act of 1930 to clarify that items from certain nations cannot be imported without paying duties under specific conditions and updates the dollar threshold in the policy. These changes take effect immediately upon the enactment of the law and apply to goods entered or withdrawn for use 15 days later.

Money References

  • (a) In general.—Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking “(a) The Secretary” and inserting “(a) In general.—The Secretary”; (B) in paragraph (2)(C), by striking “$800” and inserting “except as provided in subsection (b)(1), $800”; and (C) in the matter following such paragraph (2)(C), as so amended, by striking “subdivision (2)” each place it appears and inserting “paragraph”; and (2) by striking “(b) The Secretary” and inserting the following: “(b) Exceptions.— “(1) ARTICLES OF COVERED NATIONS.—An article that originates in a covered nation (as defined in section 4872 of title 10, United States Code) may not be admitted free of duty or tax under the authority provided by subsection (a)(2)(C).

8. Allocation of duty revenue on imports from the People's Republic of China as compensation for retaliation by the People’s Republic of China Read Opens in new tab

Summary AI

The bill establishes a trust fund in the U.S. Treasury to collect duty revenues from imports from China as compensation for China's trade retaliations. This fund is used to support U.S. producers, particularly in agriculture and critical sectors affected by Chinese trade restrictions, and any remaining funds are directed to the Department of Defense for acquiring military equipment.

9. Authorization of appropriations for United States International Trade Commission Read Opens in new tab

Summary AI

The section authorizes a budget for the United States International Trade Commission to hire more staff and upgrade their technology, with $3.6 million allocated for the fiscal year 2025 and $3 million for 2026 and each year thereafter.

Money References

  • There are authorized to be appropriated to the United States International Trade Commission to hire additional employees and improve information technology— (1) for fiscal year 2025, $3,600,000; and (2) for fiscal year 2026 and each fiscal year thereafter, $3,000,000. ---

10. Articles specified Read Opens in new tab

Summary AI

This section lists various articles, mainly chemical compounds and machinery, that are subject to specific regulations or classifications under different sections of the Harmonized Tariff Schedule (HTS). These articles include substances like zinc oxide, silver compounds, and a range of machines and apparatus from nuclear reactors to agricultural equipment, each categorized with unique subheading numbers and descriptions.

Money References

  • motors of an output of under 18.65 W, synchronous, valued not over $4 each NONo.8501.10.40Electric
  • motors of an output of under 18.65 W, other than synchronous valued not over $4 eachNo.8501.10.60Electric
  • , not elsewhere specified or includedNo.8527.92.10Radiobroadcast receiver with clock or clock-timer, not for m.v., not combined with sound recording or reproducing apparatus, valued less than or equal to $40 eachNo.8527.92.50Radiobroadcast
  • not combined with sound recording or reproducing apparatus, valued more than $40