[Salon] Rotten Easter Eggs



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Rotten Easter Eggs

by William Reinsch, Senior Adviser and Scholl Chair in International Business

In this week's column, the Scholl Chair analyzes the pending reconciliation bill and its Easter eggs in the energy and climate sections.

Monday, November 15, 2021

Read on CSIS.org
 

First things first. Credit for this column’s topic goes to Gavin Bade at Politico, who called me with a question, which started me thinking, which led to what follows. I believe Gavin will be writing about it too, so watch for that.

Those of you that have played video games know the term “Easter eggs,” which refers to hidden little surprises that savvy players can discover if they search carefully. It turns out that the same concept applies to congressional legislation. You never know what you’re going to find if you look carefully. A case in point is the pending reconciliation bill. That bill is not finished yet, so the final version may change, but going on an Easter egg hunt in it turns up some interesting items that have trade and other policy implications that go beyond the ostensible purpose of some of its provisions. I’m going to talk about some of them in the energy and climate part of the bill.

The one most noted publicly is the expanded tax credit for electric vehicles (EVs), which is an increased credit for cars assembled in the United States by union employees. Importing and non-union companies have objected strenuously to the credit, as have foreign governments, particularly Canada, which has pointed out the trade issues this creates.

It turns out this is not a one-off provision. The bill also provides expanded credits for renewable energy production and installation of solar and other renewables and allows even larger credits if the projects pay prevailing wages during construction and meet registered apprenticeship requirements. There are also bonus credits for certifying that the iron, steel, and manufactured products used in the project were domestically sourced. For renewable energy projects begun before 2025, that means 40 percent of the cost must be from domestic components, a percentage that increases to 45 percent in 2026 and 55 percent after that. On top of that, large projects would be limited in the amount of credit they can receive directly as a government payment if they do not meet the domestic content requirements.

There is a clear tilt in these provisions toward union wages and domestic content. Those are not entirely new concepts—they have appeared in other programs in the past, but this administration seems to be making them larger and pushing them further. The simple explanation is that this is just what Democrats do when they are running the show, but I think it is more complicated and clever than that.

I have written in the past about the dilemma the administration faces currently on solar panel tariffs, where it is being pressed by the domestic industry to extend Trump’s tariffs on imports, knowing that doing so will likely slow down solar panel installations and the country’s conversion to renewables. However, the credits in the reconciliation bill might rather deftly avoid that trap by lowering the cost of domestic renewables enough to permit them to compete successfully with imports. (Since none of this has become law yet, it will probably not affect the immediate decision on extending the tariffs, but it would justify removing them later on.)

That means in this particular case a “protectionist” domestic content policy might actually be more pro-trade than people think if it ultimately justifies removing the protection that is already in place. Unfortunately, that case may be unique. If you look at other renewables or particularly at the EV credit, other protection that could be removed does not exist. That leads me to three further thoughts.

First, it appears the administration is pursuing multiple goals simultaneously. It wants to accelerate conversion to renewables, but it also wants to create more domestic jobs and reshore manufacturing, so climate policy and industrial policy are now joined in a way that hopefully does not have them offsetting each other.

Second, Gavin and I discussed at some length whether this approach is inflationary, something that matters a lot more now than it did a year ago. I am inclined to think it is not, at least not directly. It will mean higher production costs due to the use of domestic materials and labor, but that cost will be offset by government subsidies via the tax credits, so short-term costs might not increase. In the long term, it will increase the deficit and eventually stick the taxpayers with the tab, but as we have seen over the past decades, eventual accountability may be a long time in the future.

Third, the provisions pretty clearly violate basic trade principles and the United States’ obligations under the World Trade Organization (WTO) and the Government Procurement Agreement (GPA). A fundamental WTO principle is national treatment—essentially, treating foreigner manufacturers the same as domestic. These provisions ride roughshod over that and, depending on how they are administered, will likely violate our GPA obligations, which are based on that same principle.

In terms of actual trade, the harm done may end up being small, but the message we are sending is devastating—that the United States is deliberately ignoring the rules we have spent more than 70 years building and defending. Because the WTO Appellate Body is not functioning—also our fault in the eyes of everybody else—we will get away with it, but the damage to the WTO and to our own image as defender of the rule of law is incalculable. I would have expected that from Donald Trump, but to see it coming from the people who promised a better way is particularly sad. It appears these Easter eggs are rotten indeed.

William Reinsch holds the Scholl Chair in International Business at the Center for Strategic and International Studies in Washington, D.C. 



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