Katherine Tai speaks during a House Ways and Means Committee meeting to consider the US-Mexico-Canada (USMCA) trade agreement in 2019. CSPAN
President-elect Joe Biden on Thursday named Katherine Tai, a trade lawyer with a history of taking on China, as his incoming administration’s pick for the United States’ top trade representative. If confirmed by the Senate, Tai would inherit a critical, Cabinet-level position tasked with enforcing America’s import rules and brokering trading terms with China and other nations. Tai, who is Asian-American, would also be the first woman of color to serve as the USTR. She is fluent in Mandarin. In choosing Tai, the senior trade lawyer on the House Ways and Means Committee, the Biden team likely signals an intent to return to a more multilateral trade approach to advance U.S. trade interests and confront growing economic competition from China. The president-elect heralded Tai’s experience in a press release on Thursday as key to important insights while the incoming administration reviews the trade deal outgoing President Donald Trump brokered with Beijing. “Her deep experience will allow the Biden-Harris administration to hit the ground running on trade, and harness the power of our trading relationships to help the U.S. dig out of the COVID-induced economic crisis and pursue the President-elect’s vision of a pro-American worker trade strategy,” the Biden transition team wrote. Tai would succeed current trade czar Robert Lighthizer, whose achievements during the Trump administration include a more-forceful tact in negotiations with Beijing and the imposition of hundreds of billions of dollars worth of tariffs on goods imported from China.
China’s Vice Premier Liu He turns with U.S. Trade Representative Robert Lighthizer during a meeting with U.S. President Donald Trump in the Oval Office at the White House in Washington, February 22, 2019. Carlos Barria | Reuters
Though Tai may favor multilateral enforcement mechanisms more than Lighthizer, her leadership as USTR wouldn’t necessarily signal a change to the tougher stance toward China. She has said that China should be addressed forcefully and strategically. “They both also have a long history of dealing with China’s unfair practices, the most pressing trade issue of our time,” according to former top White House trade negotiator Clete Willems. “Where Katherine’s approach is most likely to differ is on how she uses the WTO system and alliances to pressure China to change behavior.” From 2007 to 2014, Tai successfully litigated Washington’s disputes against Beijing at the WTO, the global trade organization based in Geneva, Switzerland.
Lighthizer and his team, frustrated with what they viewed as slow-moving bureaucracy and China’s influence at the WTO and World Bank, often opted to work around the WTO and take a more direct approach through tariffs. The U.S. still has import duties on $370 billion of Chinese imports. “As the former head of USTR’s China trade enforcement, Katherine has experience bringing and winning joint WTO disputes against China while partnering with countries like the EU and Japan and is likely to pursue a similar approach,” Willems, now a partner at Akin Gump, added in an email. Willems also noted that Tai’s fluency in Mandarin would command respect at the negotiating table with China.
U.S. President-elect Joe Biden announces the members of his health team, at the Queen Theater December 08, 2020 in Wilmington, Delaware. Chip Somodevilla | Getty Images
In August, Tai called for a different approach to China from the years-long tariff war waged by Lighthizer and said the use of import taxes are actually a defensive maneuver. Rep. Don Beyer, D-Va., said in a press release Wednesday evening that Tai would be a smart choice for USTR based on their time working together on the Ways and Means Committee. “She is exactly the right kind of cooperative leader to help return rationality to our trade policy and restore the respect of our allies around the world,” Beyer said in the release. The committee’s chairman, Massachusetts Democrat Richard Neal, offered similar sentiments in a release on Thursday. “Her time with Ways and Means is filled with many accomplishments, but none greater than the key role she played behind the scenes in our successful work to improve the U.S.-Mexico-Canada Agreement and secure widespread support for its passage,” Neal said.