May 29, 2026

Volume 6

Issue 11

ICAS Trade ‘n Tech Dispatch (online ISSN 2837-3863, print ISSN 2837-3855) is published about every two weeks throughout the year at 1919 M St NW, Suite 310, Washington, DC 20036.
The online version of ICAS Trade ‘n Tech Dispatch can be found at chinaus-icas.org/icas-trade-technology-program/tnt-dispatch/.

TnT Spotlight

 Issues of the dispatch will occasionally include a closer perspective on a specific issue in the Trade and Technology domain. Spotlights will provide necessary background information, seminal current events, and close analysis with key takeaways via a single author.

What's Been Happening

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Trade Complications Persist on Multiple Fronts Despite Developing Stabilization of U.S.-China Relations

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In One Sentence

  • On May 12, the Justice Department urged the Supreme Court to reject importers’ challenge to the U.S. Trade Representative’s authority under Section 301, arguing the law places no limits on USTR’s ability to expand its 2019 China tariffs from $50 billion to roughly $370 billion. 
  • A three-judge Court of International Trade (CIT) panel on May 20 refused the Justice Department’s request to pause the court’s own ruling that President Trump’s 10 percent “balance-of-payments” tariffs imposed under Section 122 are unlawful, though that ruling remains temporarily paused pending U.S. Court of Appeals review. 
  • On May 12, U.S. Customs and Border Protection told the CIT it had processed $35.46 billion including interest in refunds for tariffs imposed under the International Emergency Economic Powers Act as part of a broader refund effort expected to total as much as $165 billion. 
  • The European Union on May 20 reached a compromise to implement its trade deal with the United States, likely avoiding President Donald Trump’s threatened tariffs, as EU trade chief Maroš Šefčovič said the bloc had shown it is “a rather reliable trading partner that honors its commitments.”
  • Even as the EU averts a trade crisis with Washington, tensions with Beijing are set to rise as France, Spain, Italy, the Netherlands and Lithuania push Brussels to adopt tougher measures against “systemic and structural industrial overcapacity” widely viewed as targeting China. 
  • The United States and Mexico began talks this week to update the United States-Mexico-Canada Agreement (USMCA), focusing on stricter rules of origin and economic security, while U.S. Trade Representative Jamieson Greer said that if countries are to receive “a special deal on trade with the United States,” they must include more U.S. content in regional supply chains.

Mark the Essentials

  • In its opinion, the CIT rejected the DOJ’s assertion that enforcing the court’s decision would lead to “irreparable harm” to trade negotiations and highlighted its ruling was limited to just three companies and did not apply nationwide.. 
  • The plaintiffs in the case – a spice seller and a toy company – argued that a continued stay on the court’s decision would lead to “irreparable harm” as the levies would force them to reduce investments, scale back hiring and pass on costs to consumers.  
  • Importers paid $23.5 billion in tariffs on consumer technology goods in 2025, more than five times the previous year’s total, as companies shifted sourcing from China to countries such as Vietnam, according to a Consumer Technology Association report criticizing the Trump administration’s broad tariff policies for raising costs across the industry. 
  • The paper, proposed by five European powers, calls for aggressive implementation of EU rules to safeguard against sector-wide disruptions and proposes a new “resilience tool” which includes measures such as tariffs or quotas.  
  • The Trump administration is escalating criticism of Canada’s new streaming content rules ahead of USMCA talks. Ottawa recently ordered major streaming platforms to devote 15 percent of Canadian revenue to local and Indigenous programming, prompting U.S. Ambassador Peter Hoekstra to accuse Canada of “targeting and taxing U.S. companies” through “new, discriminatory trade barriers.”
  • Seven major U.S. auto trade organizations urged the Trump administration to preserve the trilateral structure of the USMCA, warning in a letter to Jamieson Greer that splitting the pact into bilateral deals would disrupt North American supply chains and weaken U.S. competitiveness.
  • As part of the USMCA review, the United States and Mexico on May 27 launched bilateral talks on economic security and rules of origin for key industrial goods, with Greer saying that Washington is “going to have tariffs as ⁠long as we have a giant trade deficit.”

Expanded Reading

On the Hill

Legislative Developments

  • On May 19, Sen. Pete Ricketts (R-NE) introduced the “Moving Away from Risk to Key Export Targets (MARKET) Act,” which would require the Agriculture Department and the USTR to annually assess U.S. dependence on agricultural exports to China and other adversarial countries to identify exports vulnerable to exploitation during trade disruptions or military conflicts.
  • On May 7, Rep. Brad Sherman (D-CA) introduced the “Stop Oil Exports to Lower Gas Prices Act,” which would temporarily ban exports of U.S. crude oil until the president certifies that military operations against Iran have ended and the Strait of Hormuz has fully reopened. Sherman argued the measure would help lower gasoline prices and protect consumers from global energy-market disruptions.  
  • House China Select Committee Chair John Moolenaar (R-MI) and Rep. Debbie Dingell (D-MI) on May 11 introduced the “Connected Vehicle Security Act,” which would ban imports of connected vehicles from foreign countries of concern and impose strict penalties for violations, building on restrictions adopted in the final days of the Biden administration.

Hearings and Statements

  • In a letter to Jamieson Greer on May 18, Democrats on the House Ways & Means Committee urged the administration to use the upcoming review of the USMCA to strengthen economic security and pursue reforms while reaffirming support for the trilateral pact, saying their recommendations reflect “public feedback” and the “economic and geopolitical uncertainty” facing the United States.
  • In a May 20 letter led by Sen. Tammy Baldwin (D-WI), 15 Democratic senators urged Greer to utilize the USMCA review to raise North American labor standards, curb Chinese involvement in regional supply chains and strengthen enforcement of the pact’s forced-labor rules, saying the review should “deliver meaningful and measurable gains for American workers.” 
  • Senate Finance Committee Ranking Member Ron Wyden (D-OR) and Small Business Committee Ranking Member Ed Markey (D-MA) wrote a letter to SBA Administrator Kelly Loeffler on May 14 saying the Trump administration’s emergency tariffs forced some small businesses to rely on “predatory lenders” to cover tariff payments. 
  • House Ways & Means Committee member Rep. Aaron Bean (R-FL) and Rep. Marilyn Strickland (D-WA) launched a caucus on May 19 to promote foreign-trade zones, saying the group will bring together lawmakers, economists and business leaders to discuss “the economic benefits of the U.S. FTZs” and explore ways to improve supply chain efficiency, encourage investment and strengthen U.S. competitiveness and manufacturing.
  • On May 19, 30 House Democrats introduced the “Fair Trade for Working Families Resolution,” calling for U.S. trade policy to prioritize “workers, consumers, independent farmers, small businesses, and the environment,” with Rep. Rosa DeLauro (D-CT) saying “a new worker-centered approach to trade is urgently needed.”
  • In a May 11 letter to Jamieson Greer, 20 House lawmakers, including 16 Republicans and four Democrats, urged a Section 301 investigation into “unfair acts, policies, and practices affecting trade in seafood and seafood products,” arguing that a broad investigation of foreign trade practices would help U.S. producers.

Expanded Reading

TnT Spotlight: Trump-Xi Beijing Summit: Outcomes and Deliverables

Issue Background

On May 13–15, eight and a half years after his first “state-plus” visit to Beijing, President Donald Trump paid a lower-key state visit to China. The two presidents reached consensus on several issues, the most notable of which was the reframing of their bilateral relationship as one of “constructive strategic stability” based on “fairness and reciprocity.” For Xi, the framing signals a more conducive environment for China’s modernization goals. For Trump, it signals a more balanced economic and trade relationship that advances U.S. business interests. The two leaders also announced a range of outcomes on trade and investment, including several deal commitments, and addressed a number of pressing geopolitical matters.

Source: Official White House Photo by Daniel Torok
Trade and Investments

The two sides will charter a Board and Trade and a Board of Investment. The Board of Trade will provide a framework to manage bilateral trade in “non-sensitive” items, particularly by identifying products for mutual and equal tariff reduction and exemptions. Approximately $30 billion of each side’s identified exports will initially be subject to the MFN rate rather than current elevated rates, with further reductions and exemptions expected once agreed upon. The U.S. Trade Representative is expected to issue a Federal Register notice on this soon.

The Board of Investment will provide a framework for discussing investment issues, particularly Chinese investment plans in the U.S. Since the aim is to invite selective industrial investment into the U.S., discussions would need to be limited to areas outside the heightened CFIUS investment screening criteria. It bears noting that under Trump’s America First Investment Policy of February 2025, PRC-affiliated persons are restricted from investing in advanced technology, critical infrastructure, agriculture, energy, raw materials, and other strategic sectors.

The two sides are to promote a modest expansion of agricultural trade. China will purchase at least $17 billion worth of a broad range of U.S. agricultural exports annually in 2026, 2027, and 2028, while also honoring its November 2025 commitment to purchase at least 25 million metric tons of soybeans annually through those same years. These figures reflect predictability rather than a significant increase in purchases. U.S. agricultural exports to China have typically averaged between $25–30 billion annually during 2012–24, with soybeans accounting for nearly half of overall agricultural exports and averaging $13 billion in sales per year. With the $17 billion annual purchase commitment, overall U.S. agricultural exports to China should now reliably reach the $30–35 billion range. The U.S., meanwhile, is expected to prioritize imports of Chinese dairy products, seafood, fruits, and other specialty goods.

The two sides are to resolve several non-tariff barriers related to agricultural trade. On China’s side, this includes resuming poultry imports from U.S. states certified by the USDA as free from highly pathogenic avian influenza, and restoring market access for a number of U.S.-owned beef facilities. Five-year registrations for 425 beef facilities that had lapsed last year have been renewed, and 77 new facilities have been added to the approved list. The lapse had driven down beef exports from $1.98 billion in 2024 to $977 million in 2025. On the U.S. side, longstanding concerns — some dating back more than a decade — related to Chinese dairy and seafood products are to be addressed, and Shandong province is to be recognized as free from highly pathogenic avian influenza.

The two sides are to reciprocally deepen their procurement of aircrafts and engines. China has approved an initial purchase of 200 Boeing aircraft, the first purchase commitment since 2017, with the possibility of purchase of up to 750 jets. U.S. has committed to continued sale of GE and Safran’s LEAP-1C engine for COMAC’s narrowbody C919 passenger aircraft. China, interestingly, has tied the scaling up of the Boeing aircraft purchases to supply guarantees for the engines and parts.

In addition, China agreed to address U.S. supply chain shortages of specialty rare earths used in the defense, aerospace, and semiconductor sectors, as well as concerns about its restrictions on rare earth production and processing equipment and technologies. Given the defense applications of some of these rare earths, the Chinese readout is more guarded, noting that the two sides “will jointly study and resolve each other’s reasonable and legitimate concerns.”

The broader topic of export controls was not taken up in Beijing. Earlier this year, the U.S. Commerce Department issued a final rule establishing a more favorable license review policy for exports of certain advanced chips to China, including NVIDIA’s H200 and AMD’s MI325X. A subset of Chinese companies have been approved by Chinese authorities to purchase these chips.

On the energy front, four U.S. LNG cargoes are reportedly en route to China for June delivery — the first direct shipments during Trump’s second term. China’s implementation of its energy purchase commitments under the Phase One Trade Agreement of January 2020 had been a sore point during the first Trump administration. There was skepticism about China’s ability to meet those targets, as well as about its longer-term intentions in this sector. China, for its part, had raised concerns about the inadequacy of crude oil transportation infrastructure at U.S. Gulf of Mexico ports — specifically, the inability to accommodate very large crude carriers (VLCCs) — which added to transport costs.

The two sides will continue honoring the terms of their Joint Arrangement on Economics and Trade (Busan Consensus) with the aim of extending the arrangement beyond its November 10, 2026 deadline. That arrangement suspended: (a) the U.S.’ 24% reciprocal tariff and China’s equivalent countermeasure; (b) the U.S. 50% Affiliates Export Control Rule and China’s sweeping rare earths export control measures of October 9, 2025; and (c) their reciprocal investigations into the maritime, logistics, and shipbuilding industries. U.S. tariff levels are also to be kept at or below the Busan Consensus levels, as the IEEPA-based tariffs are replaced with new Section 301 tariffs.

The U.S. and China will establish a formal dialogue on artificial intelligence (AI), with the aim of developing a protocol on best security practices to prevent misuse of AI models by non-state actors. The dialogue is expected to focus on national security considerations rather than the ethics, transparency, and safety issues that shaped the two countries’ first intergovernmental AI meeting in Geneva in May 2024. A first session is expected within the next six weeks.

Geopolitics

On Iran, both sides agreed that Iran must not be allowed to possess a nuclear weapon, that navigational freedoms must be restored in the Strait of Hormuz, and that tolls cannot be levied. China also committed not to sell weapons systems during the ongoing Middle East emergency. China’s support for the U.S. position, however, is tied to an end to hostilities and a permanent, comprehensive ceasefire — a condition closer to the Iranian position.

China also pushed to have the Treasury Department’s April 24 sanctions on five Chinese refiners, which handle Iranian crude, lifted. On May 2, MOFCOM invoked its 2021 Blocking Rules for the first time, directing Chinese entities including state banks to disregard the Treasury Department’s sanctions. Privately, however, MOFCOM advised banks to refrain from extending new loans to these refiners in the near term, to limit their exposure to U.S. secondary sanctions. While the administration’s response remains unclear — Trump himself noted he was considering the matter — it is worth noting that the U.S. has agreed in principle, in its most recent communications with Iran, to waive Treasury’s Iran oil sanctions for the duration of negotiations.

On the Korean Peninsula, in an important gesture toward the U.S., President Xi confirmed their “shared goal to denuclearize North Korea.” To be clear, a denuclearized Korean Peninsula has long been China’s stated position. But over the past two years or so — ever since Kim Jong-un secured new military technology and security assurances from Moscow following North Korean losses in Kursk — China has quietly downplayed sanctions and denuclearization in its official statements, increasingly treating Pyongyang’s nuclear status as a fait accompli. To secure Kim’s attendance at the WWII 80th anniversary commemorations last September, the nuclear issue was kept off the Xi-Kim agenda as well. This gesture toward the U.S. is unlikely, however, to translate into meaningful additional pressure on North Korea to denuclearize.

On a related note, President Xi is expected to travel to Pyongyang in the coming weeks, potentially laying the groundwork for a subsequent Trump-Kim Jong-un meeting. In January 2019, Kim visited Xi in Beijing after Trump asked Xi on the sidelines of the December 2018 G20 summit in Buenos Aires to help facilitate a meeting with the North Korean leader. That Xi-Kim Beijing meeting laid the groundwork for the subsequent Trump-Kim meeting in Hanoi in February 2019.

The U.S. and China also exchanged views and reiterated their positions on Taiwan, and held detailed discussions on the administration’s controversial arms sales package. The future status of the arms sales package remains an open question. While the package — a massive one featuring advanced command and control systems, surface-to-air missiles, radars, and counter-drone capabilities — is currently being held “in abeyance,” it is unlikely to serve as a “very good negotiating chip” vis-à-vis Beijing. For one, doing so would violate the U.S.’ own One China Policy, which prohibits linking Taiwan arms sales to negotiations with Beijing. Second, it would establish an unprecedented linkage between arms sales and commercial or political matters in the context of cross-strait relations. On the other hand, a presidential endorsement of a high-profile arms package to Taiwan could severely disrupt plans for Xi’s high-stakes White House visit on September 24. Trump is clearly in a difficult position, and his response — whichever way it goes — will reveal much about his China priorities.