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Washington, DC--

On November 30th, 32 U.S. Senators signed a letter to President Joe Biden expressing concern about the USTR's recent announcement withdrawing U.S. support for digital trade policies at the negotiations on the WTO Joint Statement Initiative on Electronic Commerce. The Senators also ask the President for consultation with Congress before changing longstanding U.S. trade policy as the USTR's October 25th announcement at the WTO caught everyone by surprise. The letter is a great summary of these digital trade policies and anyone in the e-commerce industry should review it.

Arlington, VA --

If you are an e-seller, check out the latest episode of Simply Trade podcast where EMTC CEO Marianne Rowden discusses USTR's withdrawal of support for liberal digital trade policies.  EMTC has joined over 40 trade associations signing a letter to the White House expressing concern about this change in trade policy.  For more information, join EMTC as a member, sign up for EMTC's mailing list, or check out the News Section of EMTC's website. 

 Proposals to eliminate duty-free imports are akin to levying new taxes on Americans | The Hill
"As you enjoy those Cyber Monday deals, keep de minimis in mind. Channel the Thanksgiving spirit for the U.S.’s de minimis threshold, which provides you the freedom to order from almost anywhere in the world at a lower cost and gives small businesses more choice for their inputs to keep American exports competitive."
 

IRS announces 2023 Form 1099-K reporting threshold delay for third party platform payments; plans for a $5,000 threshold in 2024 to phase in implementation | Internal Revenue Service

Sen. Young: ‘Failure’ to forge digital trade rules could hamper AI collaboration | InsideTrade.com

Failure to forge enforceable rules governing digital trade  could jeopardize international efforts 

2023-11-07-Letter-to-NSC-and-NEC-on-Digital-Trade-and-WTO-FINAL2.pdf (uschamber.com)

EMTC is a signor on the letter expressing disappointment that the US has withdrawn support for proposed WTO disciplines on cross-border data flows

Washington, D.C.--

On October 30, 2023, the President issued E.O. 14110 on "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" setting out the Administration's policy and principles. 

This E.O. will definitely impact cross-border e-commerce as EMTC has included provision using Artificial Intelligence in its Proposal for 21st Century Customs Framework (Redline Version 2).

Washington, D.C.--

Senator Bill Cassidy introduced the ‘‘Foreign Pollution Fee Act of 2023’’ imposing fees on GHG for certain imports. The fee covers the following commodities: aluminum, batteries, biofuels, cement, crude, glass, hydrogen, iron/steel, minerals, natural gas, petrochemicals, plastics, pulp/paper, refined petroleum products, solar cells, and wind turbines.

The fee would be assessed by 6-digit HTS as an ad valorem fee (ranging from 10%-200% as a variable rate based on "pollution intensity"). These imports will require a bond and places enforcement with CBP. According to the Fact Sheet, the bill maintains existing drawback laws and provides exemption for FTA countries. See FAQ document.

Geneva--

On October 25th, the United States announced at the World Trade Organization that it was withdrawing support for digital trade proposals seeking free cross-border data flows, restrictions on data localization and barriers to reviewing source code. These proposals were put forward by the United States in 2019 as these principles were included in the USMCA which garnered bipartisan Congressional support.

The USTR's reason for withdrawing the free trade policy is to create "policy space" to reconsider its approach to regulating digital trade has been met with skepticism and outrage. Senate Finance Committee Chair Wyden and Ranking Member Crapo are not happy with the change in policy, nor is Chairman Smith of the House of Ways and Means Committee.

These digital trade policies will have a big impact on how e-commerce cross-border trade is conducted because the internet is global by its very nature so restrictions on data flows will increase costs.  EMTC is working with other trade associations to express our concern to policymakers about this policy reversal.