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US opens unfair trade probes to rebuild Trump’s tariff pressure

The U.S. administration of President Donald Trump announced on Wednesday that it was launching two trade inquiries into excessive industrial capacity and forced labor in 16 major trading partner countries. This is to rebuild tariff pressure following the Supreme Court's decision last month which threw out much of Trump's tariff plan.

According to U.S. trade representative Jamieson Greer, China, the European Union (EU), India, Japan, 'South Korea, and Mexico could be subjected to new tariffs as early as this summer, under a 'Section 301' investigation into unfair trade practices.

Taiwan, Vietnam and Thailand are also trading partners that may be subject to an investigation under Section 301 of Trade Act of 1974. Other trading partners include Malaysia, Cambodia, Singapore Indonesia, Bangladesh, Switzerland, and Norway. Canada, the U.S.'s second largest trading partner, wasn't mentioned in the investigation.

China said Thursday that the U.S. claim about overcapacity is a "false proposal" and Beijing opposes "political manipulating under this pretext". Guo Jiakun, spokesperson for the foreign ministry, said that China opposes all unilateral tariff measures.

U.S. LOOKING AT TRADE SURPLUSES, UNDERUSED CAPACITY

Greer said on a conference phone that investigations would "focus on economies where we have evidence that they exhibit structural excess production and capacity in various manufacturing sectors. For example, through persistently large trade surpluses or unutilized capacity."

USTR's notice of the probe into excess capacity cited the automotive industry in China and Japan. It said that a growing number were unprofitable, or could not pay interest from their operations.

Minoru Kihara, the Chief Cabinet Secretary of Japan, said at a press conference that the country is examining the details of the Section 301 investigation but will continue with its current trade agreement with the U.S.

USTR stated that although China's capacity for electric vehicles is greater than the demand in China, BYD, China's largest EV manufacturer, is "aggressively increasing" its overseas manufacturing footprint with factories in Uzbekistan and Thailand as well as Brazil, Hungary, and Turkey.

The industry ministry, without providing any further details, said that South Korea would work to ensure its exporters are not treated unfairly compared with other major countries.

Taiwan's Cabinet said in a press release that the agreement it signed last month with the U.S. on reciprocal trade established consensus on multiple issues which could be covered by Section 301 investigation. Indonesia also said that its agreement with the U.S. was the main guideline for bilateral trade relations.

The Department of Foreign Trade's director general, Arada Fuangtong told reporters that the Thai Commerce Ministry had set up a group to prepare for the investigation under 301. They will begin discussions shortly, prepare all documents and be "as ready as we can" according to Arada.

USTR cited the large U.S. surpluses on trade in Germany and Ireland to demonstrate EU excess capacity. Singapore, despite having a deficit in trade with the U.S., has an excess of global semiconductor capacity. Norway also had excess capacity as evidenced by its large seafood and fuel exports.

USTR ALSO PLANS A PROBE ON FORCED STAFF

Greer announced that he will launch another Section 301 investigation on Thursday. This provision bans U.S. imports for?goods made with forced labor. This investigation will include shipments from over 60 countries.

Under the Uyghur Forced Labor Protection Act that was signed into law in 2009 by former President Joe Biden, the U.S. has already taken action against solar panels and other goods imported from China's Xinjiang Region. The new investigation could extend such actions to countries other than China.

Greer stated that he wants?other countries enforcing bans on goods made with forced labor, similar to those in a nearly 100-year-old trade law.

The U.S. claims that Chinese authorities have set up labor camps for ethnic Uyghurs and other Muslim groups in the western region. Beijing denies the allegations.

Greer stated that he hoped the Section 301 investigation, and any proposed remedies, would be completed before Trump's temporary tariffs, imposed in late February, expire in July. The Supreme Court ruled that Trump's global duties were illegal on February 20 under the national emergencies law. He then imposed a 10% duty for 150 days in accordance with Section 122 of 1974 Trade Act.

He outlined a timeline for the "excess capacity" probe. Public comments were accepted until April 15, and there would be a public hearing on May 5.

The investigations offer the Trump Administration an opportunity to build a credible threat of tariffs against trading partners in order to keep them negotiating, and to implement trade agreements that were cut for him to lower his higher tariff rates under the International Emergency Economic Powers Act.

The investigations come as 'Trump officials, led by U.S. Treasury Sec. Scott Bessent, prepare to meet Chinese counterparts this?week in Paris to set up Trump's meeting with Chinese President Xi Jinping at the end of the?month in Beijing.

The Supreme Court's decision on temporary tariffs and Trump's tariffs were reduced by 10 percent by the Supreme Court. This effectively reduced U.S. trade and export control leverage over China. Reporting by David Lawder and Ismail Shakil, respectively, in Washington, and Ottawa. Additional reporting by Eduardo Baptista and Heejin in Seoul; Ben Blanchard and Stefanno Sulaiman, respectively, in Jakarta, and Panarat Thepgumpanat, respectively, in Bangkok. Editing by Matthew Lewis and Stephen Coates.

(source: Reuters)