Inside U.S. Trade Quotes Brian Pomper on Chinese, Solar Tariffs

Inside U.S. Trade has quoted Akin Gump public law and policy practice co-head Brian Pomper on trade matters in two articles.

The first, “Three-judge panel assigned to massive Section 301 case,” concerns thousands of lawsuits filed against the Trump administration’s Section 301 tariffs on China. Akin Gump represents HMTX Industries LLC, a flooring company, and its affiliates in its suit against the government for Sec. 301 duty refunds plus interest.

According to the article, HMTX argues that the Trump administration’s third and fourth rounds of tariffs on goods from China were unlawful due to having been imposed after a set deadline.

Pomper, who served as chief international trade counsel to Senate Finance Committee Chairman Max Baucus (D-MT), said it is more likely that the Biden administration will lift the third and fourth rounds of duties on China than the first and second, adding that the first two rounds are “an outgrowth of an investigation that found: here are the sensitive areas where we need to protect the United States economy, to make sure that we can maintain our ability to compete in the world stage. I think that's going to stay.”

By contrast, he said, the third and fourth rounds “are much more susceptible to being lifted once the administration figures out exactly how it's going to address these matters. I think there's a real understanding in the Biden administration that [the third and fourth rounds] really are directed at consumers and don't have that broad overlay of dealing with the national security concerns that [rounds one and two] have.”

For its article “Industry representatives: Solar tariffs at odds with Biden's climate goals,” on Trump’s 30 percent Section 201 tariffs on all foreign crystalline silicon photovoltaic cells and modules, Pomper said that these tariffs are “the first example of this blue-green clash where the administration has really clear goals of helping the American worker and, on the other hand, the administration has a very strong goal of the widespread adoption of green energy. Those 201 tariffs of course are delaying and making that adoption more expensive.”

He added that these tariffs are the first of “many such instances” where the Biden administration will have to address what he characterized as the conflicting goals of supporting domestic manufacturing and achieving environmental goals. Pomper offered as another example electric car and motorcycle batteries manufactured in China and subject to Sec. 301 tariffs.