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nforming the legislative debate since 1914
Updated January 30, 2023
U.S. Trade Policy: Background and Current Issues

Congress has primary authority over U.S. trade policy
through its constitutional power to levy tariffs and regulate
foreign commerce (Article 1, §8). It has delegated some
trade authorities to the Executive branch, but retains an
active role in formulating trade policy and shaping
outcomes. Since World War II, U.S. trade policy has
generally sought to advance U.S. economic growth and
competitiveness by: reducing international trade and
investment barriers; fostering an open, transparent, and
nondiscriminatory rules-based trading system, including
through the World Trade Organization (WTO); enforcing
partner countries' trade commitments and U.S. trade laws;
and offering relief to U.S. workers and firms adversely
affected by unfair foreign trade practices and trade
liberalization. Legislative efforts in the 117th Congress
aimed to boost U.S. innovation, production and supply
chain resiliency in strategic sectors, and restrict certain
trade with the People's Republic of China (PRC or China)
and Russia (e.g., through sanctions). Congress also
deliberated issues such as its role in trade negotiations,
tariffs, and trade preference programs.
Trade Economs and US. Trade Trends
Economic theory generally shows that free trade is
beneficial at the national level though the benefits and costs
of trade liberalization may be unevenly distributed in a
country. Under this theory, countries produce and export
goods and services in which they have a higher relative
comparative advantage, and import those domestically
unavailable or less efficiently produced. This assumes that
countries take a market-oriented approach, abide by similar
rules, and offer reciprocal market access. Benefits of trade
can include higher wages and job growth, a wider variety of
products available at lower prices, increased productivity
such as in export-focused industries, and more efficient
resource allocation from competition and economies of
scale. Costs of trade liberalization can include some job and
firm losses, and wage declines, through import competition
and production relocation. These benefits and costs can
vary by industry. The economic impact of trade
liberalization is difficult to measure and widely debated, in
part because of the many factors that influence economic
activity. Most economists agree that trade liberalization
benefits the U.S. economy overall, but that it has
adjustment costs for certain sectors and regions. Workers
and firms may require more assistance and dedicated
policies to adjust to trade effects.
The United States plays a leading role in global trade and
investment. U.S. trade has expanded in recent decades (see
Figure 1), and the U.S. economy has become more
integrated globally. Since 2020, U.S. and global trade
trends have reflected ongoing COVID-19 pandemic and
economic recovery effects. The top U.S. trading partners
(goods and services, exports plus imports) in 2021 were, as
a bloc, the European Union (EU, $1,097 billion), and by
country, Canada ($763 bn), Mexico ($726 bn), China ($719
bn), Japan ($279 bn), and Germany ($268 bn). The United
States has a long-running overall trade deficit (imports
exceed exports); the goods trade deficit outweighs the
services trade surplus. Most economists hold that macro-
economic variables affect the deficit more than trade policy.

Figure I. U.S. Goods and Services Trade
$3.0  U.S. $in t  llion...
Goods
Imports
$2.0
Goods
Exports
$1.0                                      Services
Exports
services
- -o
$0.0    I           I      I     I     I  Imports
1991  1996  2001  2006  2011  2016   2021
Source: Bureau of Economic Analysis and Census Bureau.
Key Components of U.S. Trade Policy
Congress sets U.S. trade negotiating objectives, enacts trade
laws, programs, and agreements, and oversees executive
trade functions conducted by a range of federal agencies.
By statute, the U.S. Trade Representative (USTR) is the
lead U.S. trade negotiator and coordinates trade policy
through an interagency process, with formal public and
private advisory input. Key policy components include
* Trade rules-setting, liberalization, and enforcement.
Negotiation of trade agreements to open markets and set
rules on trade and investment; enforcement of
commitments via dispute settlement and U.S. trade laws.
* Export promotion and controls. U.S. support for export
financing, market research, advocacy, and trade
missions; licensing and control of strategic exports.
* Customs, trade remedies and adjustment. Regulation of
borders; laws to address adverse effects of imports,
national security threats, balance of payments, tariff and
nontariff trade barriers, imports made with forced labor;
assistance for dislocated workers and firms.
* Trade preferences. Duty-free access to U.S. market for
eligible developing countries and products, intended to
encourage trade and spur their economic growth.
* Investment. Protection and promotion through
investment treaties and trade agreements; examination
of inbound investment for national security implications.
Selected Issues and Developments
In its trade policy, the Biden Administration has sought to
strengthen the U.S. economy by aiming to boost U.S.
manufacturing, innovation and competitiveness, and
advance labor and environmental goals. It also has sought
to enforce trade agreements, work with allies and partners
to address trade frictions, and counter and constrain actions
of concern by China and Russia, among other aims.
U.S. Trade Laws. Authorities to adjust tariffs and other
restrictions have been active in U.S. trade policy. Examples
include laws to address unfairly traded goods (e.g.,
antidumping and countervailing duty laws); import injury
from fairly traded goods, and foreign trade barriers or trade
commitment violations (Sec. 201 and Sec. 301 of the Trade
Act of 1974, respectively); and trade-related national
security concerns (Sec. 232 of the Trade Expansion Act of
1962). The Trump Administration renewed use of some of
these authorities, to counter subsidies by applying tariffs on
certain steel and aluminum imports from most trading

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