“it’s the FDA’s unnecessary and protectionist rules that effectively ban foreign-made baby formula from being imported into the United States. On Wednesday, the agency announced plans to tweak those rules so foreign formula manufacturers can permanently import their goods into the U.S., giving American consumers greater choice in the marketplace and ensuring more robust supply chains.”
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” When the Abbott Nutrition plant in Michigan was forced to close temporarily due to an FDA investigation into possible contamination, it created a supply shock that left store shelves empty and parents scrambling to find formula. Because of the FDA’s protectionist rules (and high tariffs levied on foreign-made formula), markets could not adapt quickly to the shortage here in America”
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“In testimony to Congress, FDA officials admitted to botching the response to the contamination at the Abbott plant. But the real culprit of the recent shortage was a deeper and more pervasive one. No matter what nationalists like Sen. Josh Hawley (R–Mo.) might suggest, closing off the country to international trade is not a recipe for resilience. The baby formula crisis demonstrated that it is quite the opposite.
So it’s good to see the FDA admit those mistakes and crack open the door to allowing foreign formula into the U.S. on a permanent basis.
Unfortunately, the list of policy changes the FDA announced..mostly amounts to providing technical assistance to foreign firms that want to sell formula here. That is, offering help in navigating the complex approval process, rather than sweeping aside those regulations entirely. If a formula maker has passed muster under E.U. regulations, that should be good enough for the FDA.
There’s also the matter of tariffs on imported formula, which are so high that they effectively make any imported formula uncompetitive in the American market. Why would a foreign manufacturer like Holle or HiPP go through the complicated FDA approval process (even after the announced changes) if it knows in advance that its goods won’t be able to compete on a level playing field in America?”
“The inflation plaguing Joe Biden’s presidency is also shrinking what’s so far been his crowning legislative achievement — the infrastructure bill that Congress enacted just seven months ago.
Democrats have hailed the infrastructure law, with its $550 billion in new road, rail and broadband funding, as a transformative shift for the country. But inflation — which reached a 40-year high of 8.6 percent last month — has already slashed billions from its value, forcing states to cancel or delay projects as costs balloon.”
“In China, films are reviewed by the China Film Administration under the Publicity Department of the Chinese Communist Party (CCP). Chinese authorities initially wanted Sony and Marvel Studios to take out the American landmark, which is prominently featured during the film’s third act, according to multiple sources.
Chinese regulators reportedly modified the original request to remove the action-packed sequence, instead asking for the removal of certain shots from the sequence that they deemed too “patriotic,” such as the scenes where Tom Holland’s Spider-Man stands on the Statue of Liberty’s crown. The regulators also suggested dimming the parts when the statue is shown to make it less noticeable.
Sony ultimately rejected the request, resulting in Chinese authorities preventing the latest Spider-Man film from being released in the biggest film market in the world. The film lost a potential $170 million-$340 million in sales from China, according to reports.”
“A tiny solar panel manufacturing firm with outsized political clout is poised to wreak havoc on the entire American solar energy industry.
And the White House, which at least theoretically supports expanding America’s green energy industries, might just go along with the madness. It’s a tricky situation for President Joe Biden to navigate, one that requires choosing between two of his top policy priorities: industrial protectionism and combatting climate change.
In February, the California-based company Auxin Solar submitted a petition to the U.S. Department of Commerce asking for a more expansive set of tariffs targeting imported solar panels and their component parts. The company alleges that American solar panel manufacturers are avoiding tariffs on Chinese-made solar panels and components—tariffs originally imposed in 2018 by the Trump administration but renewed earlier this year by Biden—by buying parts made in Cambodia, Malaysia, Thailand, and Vietnam that are sometimes made with Chinese parts.
That is, of course, pretty much exactly what you’d expect any company to do. But Auxin argues that the federal government now has a responsibility to stop what it calls attempts to “circumvent” those tariffs on Chinese imports by imposing new tariffs on imports from those four other countries as well. In March, the Commerce Department launched an investigation to determine whether those tariffs are to be added.
According to the Solar Energy Industries Association (SEIA), those prospective tariffs would target the source of about 80 percent of America’s supply of crystalline silicon photovoltaic cells, the fundamental building blocks of solar panels. In a letter to Commerce Secretary Gina Raimondo in March, dozens of the SEIA’s member companies warned that the tariffs would “stall both ongoing and planned U.S. solar projects and lead to the loss of over 45,000 American jobs, including 15,000 domestic solar manufacturing jobs.” It would also mean losing about 14 gigawatts of planned solar deployment—about two-thirds of the Energy Information Administration’s target for solar deployment this year
All that, the SEIA warned, “because a single company is seeking to inappropriately exploit the law for market advantage.”
It sounds like a typical story of big business using its political clout to shut smaller competitors out of the market. But the bizarre thing about this fight is that relatively unsuccessful businesses are holding the rest of the market hostage. Because they have friends in Washington”
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“this offers a lesson about how protectionism creates perverse incentives in markets and politics. Trump’s decision to impose tariffs on Chinese solar parts and Biden’s decision to extend those tariffs have created a bizarre situation where a bankrupt solar manufacturer and an “artisanal solar boutique” might get to dictate the future of an entire industry.”
“Migrants in detention centers aren’t free to leave facilities whenever they want to shop for baby formula. Legally, essential products must be provided to migrant children that the government has detained. “Facilities will provide access to…drinking water and food as appropriate,” reads the 1997 Flores settlement that addressed the treatment of migrant children. A 2015 Customs and Border Patrol document on detention standards noted that “food must be appropriate for at-risk detainees’ age and capabilities (such as formula and baby food).” These legal standards predate the Biden administration.
Nor would diverting baby formula away from immigrant detention centers ease supply chain woes in a meaningful way. Ursula—the facility Cammack singled out on Twitter—holds around 1,100 detainees. The number of American parents who rely on formula to feed their infants is on the order of millions. Though several Republican lawmakers and right-leaning news outlets are agitating about the “pallets of baby formula for all of the illegals who are crossing into the United States,” none have been able to say exactly how much formula is going to detention facilities or how often shipments are arriving.
The baby formula shortage is indeed a huge problem. About 40 percent of top baby formula brands are out of stock right now, and producers are warning that shortages could last for several months. But the shortage wasn’t caused by the government’s legal duty to feed the kids it has confined. “Much of the current shortage is rooted in a February recall of formula after a suspected bacterial outbreak at an Abbott Nutrition plant in Michigan,” explains Reason’s Eric Boehm. And while we could re-fill those shelves with formula from abroad, tariffs and quotas “make it burdensome and costly to import the supplies that are now desperately needed.”
You can’t solve the national shortage by making it harder for undocumented parents to feed their babies. Instead of looking for immigrant scapegoats, lawmakers should tackle the trade and regulatory policies that helped create the current shortage.”
“The $1.2 trillion infrastructure law signed by President Joe Biden in November expanded requirements that federally funded infrastructure projects purchase American-made goods and materials. Now, new rules from the administration will make it harder to get waivers from those cost-increasing mandates.
For decades, Buy America laws required that grantees receiving federal funds to build roads, bridges, and rail lines purchase domestically produced steel, iron, and manufactured goods—including rolling stock like buses and trains. The Infrastructure Investment and Jobs Act (IIJA) expanded those Buy America requirements to cover copper wiring, plastics, polymers, drywall, and lumber.
These requirements are known to raise costs and can even make some projects totally infeasible. For that reason, grantees have been allowed to request waivers from Buy America laws when they prove unworkable or raise costs too much.
But on Monday, the White House’s Office of Management and Budget (OMB) issued guidance intended to narrow the use of those waivers for the Buy America provisions of the IIJA.
Typically, requests for those waivers are approved or denied by the federal agencies that provide a project’s funding. Monday’s guidance, in keeping with an earlier White House executive order, requires these agencies to consult with OMB’s Made in America Office when considering waivers for grant awards made with IIJA funds. It also gives OMB’s Made in America Office final say over whether these waivers are approved.
The explicit purpose of sending these waivers through OMB is to limit the number and extent of waivers granted.”
“The Jones Act, more formally known as the Merchant Marine Act of 1920, places extremely strict, deliberately protectionist rules in place that can help explain why shipping prices are high.
The Jones Act requires that goods traveling between U.S. ports be carried by ships constructed in the U.S. and owned and operated by U.S. companies and workers. The ostensible purpose of this old law was to give U.S. maritime companies a domestic advantage over foreign competitors. In reality, the law has backfired magnificently. The domestic shipbuilding industry has collapsed because it’s just cheaper to build ships in other countries, giving a handful of companies complete market dominance. This means that most new ships are not compliant with the Jones Act, and attempting to break into the domestic market is oppressively expensive. Only 2 percent of the United States’ own domestic freight is transported by sea due to this law.
It also means it’s incredibly costly to import goods to isolated parts of the U.S. like Hawaii, Alaska, and territories like Puerto Rico. Ships compliant with the Jones Act cost three times more to build and up to five times more to operate than foreign counterparts. These calculations, Cato Institute Policy Analyst Colin Grabow notes, originate from our own federal government’s analyses.
The Jones Act has essentially created the exact same noncompetitive domestic environment that the Biden administration is blaming on foreign companies. In response to the administration’s complaints, Grabow observes that just two domestic carriers are responsible for almost all Jones Act–compliant ocean shipping to Hawaii, Alaska, Puerto Rico, and Guam. And consumers there have to pay through the nose for goods.”
“If concentration in the marketplace was somehow to blame for rising prices, then it would make sense to attack that problem by expanding competition. Give consumers more choices and they will naturally flock to lower-priced alternatives, putting pressure on other sellers to keep prices down.
The problem, for Biden, is that so much of his economic agenda is pointed in exactly the opposite direction. In one breath, he complains about the lack of consumer choice driving up prices. With the next, he proposes to further restrict consumer choice.
“We will buy American to make sure everything from the deck of an aircraft carrier to the steel on highway guardrails are made in America,” Biden said, before promising that his administration would make some of the “biggest investments in manufacturing in American history” to bring about “the revitalization of American manufacturing.””
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“”Shifting demand to American producers with ‘Buy America’ polices [sic] that stop firms and consumers from buying at the lowest cost, no matter how politically attractive, are inflationary. This is something all economists should agree on,” Summers tweeted. “Blaming inflation on corporate greed or holding out the prospect that capacity can be expanded rapidly is at best diversionary.””
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“Tariffs are also contributing to inflation by artificially raising the prices of imported goods, including products like raw steel, aluminum, and lumber that are necessary inputs for American manufacturers and home builders.”
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“The two researchers found that costs imposed by trade barriers were passing along nearly in full to consumers. For every 1 percentage point increase in the cost of imported construction materials caused by tariffs, for example, they found domestic price increases of 0.9 percent after six months.”
“It would be terrific if the Biden administration intended to truly “update and modernize” the Davis-Bacon Act, namely by hollowing it out and allowing workers to truly compete for federal construction contracts in a field where wages are not preemptively set, regardless of the applicant’s experience. After passing an infrastructure bill that was considerably smaller than originally proposed, any opportunities to cut costs should be obvious winners. Unfortunately, despite the new rule’s lack of specificity, Biden’s previous rhetoric on the law is discouraging.
“When President Obama put Vice President Biden in charge of the American Recovery and Reinvestment Act (ARRA), Biden made sure that Davis-Bacon Act and Service Contract Act standards were strictly enforced, requiring that the prevailing wage be paid to construction workers and service workers on all projects funded by ARRA,” noted Biden’s campaign website. “As president, Biden will build on this success by ensuring that every federal investment in infrastructure and transportation projects or service jobs is covered by prevailing wage protections.”
In “Executive Order on Tackling the Climate Crisis at Home and Abroad,” signed a week after he took office, Biden stipulated that “agencies shall, consistent with applicable law, apply and enforce the Davis-Bacon Act and prevailing wage and benefit requirements.” And in his February remarks to labor leaders regarding his plans for a future infrastructure spending bill, Biden indicated that he expected the legislation to create “jobs—good-paying jobs, Davis-Bacon and prevailing wage jobs.”
From Biden’s statements on the subject, it’s clear that any of his proposed “updates” to the Davis-Bacon Act would not make it easier to hire contractors at market rates.”
“As part of Biden’s plan to rein in carbon emissions, the bill contains a provision which would provide a $7,500 tax rebate to any consumer who purchases an electric vehicle (EV), including both all-electric and plug-in hybrids. However, that amount increases by $4,500 if the car was manufactured in a unionized U.S. factory, as well as by an additional $500 if the vehicle contains a U.S.-made battery.
Ostensibly, this provision is part of Biden’s “Buy American” policy of incentivizing or mandating purchases to be made domestically. In practice, the order has simply carried over the protectionism of the Trump trade policy and increased costs to taxpayers. The EV credit proposal, though, is much more egregious, in that it not only incentivizes a particular type of product, but incentivizes particular brands, as well.
If enacted as written, the bonus $4,500 in EV credits could only apply to cars made by Ford, General Motors, and Stellantis (formerly Fiat Chrysler). In other words, a driver who wants to purchase a hybrid Toyota Camry, which U.S. News & World Report ranks as having “Great” reliability, does not qualify for the extra money, even though the car is manufactured in Kentucky. But if that same shopper elects to purchase a Chevrolet Bolt, which recently halted production because the batteries were catching fire, they would receive the extra rebate. As a matter of fact, out of more than 50 EVs currently on the market, the only vehicles which currently qualify for the extra money are two variations of the Bolt.
This is what is most pernicious about this policy: Rather than simply a blanket advantage for American companies (which would be bad enough), it is a clear giveaway to the United Auto Workers (UAW).”