Families of fentanyl victims ask U.S. for China to be investigated over opiod
18/10/2024 6:10
A group of families whose
loved ones died of fentanyl overdoses filed a petition with the
office of U.S. Trade Representative Katherine Tai on Thursday,
requesting a probe into China's alleged role in fueling the U.S.
synthetic opioid crisis.
The petition was filed under Section 301 of the Trade Act of
1974, a statute that allows the U.S. to impose sanctions on
foreign countries that violate trade agreements or hurt U.S.
commerce. The families are seeking trade countermeasures that
include tariffs of at least $50 billion on Chinese merchandise.
China is the world's leading chemical producer. The petition
alleges that China's government has failed to crack down on
exports of precursors used by traffickers to manufacture illicit
fentanyl, inaction that has cost the U.S. trillions of dollars
in lost productivity, higher health care costs, increased law
enforcement spending, and loss of life due to fatal overdoses
from the synthetic drug.
A 2022 analysis by the congressional Joint Economic
Committee estimated that the opioid crisis cost the U.S. nearly
$1.5 trillion in 2020.
Overdoses from synthetic opioids killed nearly 75,000 people
in the U.S. last year alone and are approaching a half-million
fatalities over the past decade, government figures show.
Section 301 empowers the United States Trade Representative
(USTR) to investigate and defend the U.S. against foreign trade
practices, including action that "burdens or restricts" U.S.
commerce. Any interested person can file a petition, and USTR
must decide within 45 days whether to initiate a probe.
Nazak Nikakhtar, an attorney at the Wiley Rein law firm who
filed the petition on behalf of the families, told Reuters the
issue was "squarely" within USTR's legal authority given the
debilitating effects of fentanyl addiction on the American
workforce and the U.S. economy.
"China responds to economic pressure. We're going to put
economic pressure on China," said Nikakhtar, a former Commerce
Department official.
China's embassy in Washington did not respond immediately to
a request for comment.
Reuters investigations this year have revealed that Chinese
chemical companies openly sell fentanyl-making ingredients on
the internet and ship them to the U.S. with ease, thanks, in
part, to an obscure U.S. trade regulation, known as de minimis,
which allows low-value packages to enter the U.S. duty free and
with minimal paperwork and inspections.
The petition recommends a variety of trade countermeasures,
including imposing tariffs of at least $50 billion on Chinese
goods and services, and banning Chinese shipments from entering
the U.S. via de minimis.
Andrea Thomas, one of the plaintiffs on the petition, said
she hoped the trade action would save lives by forcing China to
stop exporting fentanyl precursor chemicals.
"There's been so much devastation to our families," said
Thomas, whose daughter died in 2018 after taking a
fentanyl-laced pill she thought was a painkiller.
China says it has some of the strictest drug laws in the
world, and that the U.S. needs to curb narcotics demand at home.
The petition comes just weeks ahead of the U.S. presidential
election, where fentanyl has emerged as a key issue.
Former President Donald Trump frequently rails against the
fentanyl crisis, even though synthetic opioid deaths more than
doubled under his administration. The Republican candidate has
vowed to pursue harsh measures, including possible military
action against Mexican cartels.
Vice President Kamala Harris, his Democratic challenger, has
promised to target the global supply chain and stop finished
fentanyl from entering the U.S. from Mexico, where drug cartels
operate manufacturing labs.
While U.S. overdose deaths remain high, the pace of
fatalities appears to be slackening, recent government data
show. The administration of President Joe Biden has credited its
harm reduction initiatives and law enforcement efforts.
The White House has also characterized recently revived
counternarcotics cooperation with China as a bright spot in
tense relations between the geopolitical rivals. But some U.S.
lawmakers have called for more aggressive measures to pressure
Beijing to act.
The USTR petition is an unusual avenue for families to seek
redress for the fentanyl crisis, said Jeff Moon, a former
Assistant U.S. Trade Representative for China Affairs who now
advises businesses on China issues.
At issue, he said, is whether American commerce had been
unjustifiably impeded by Chinese policies related to the export
of fentanyl precursors, as the petition argues.
The filing "appears to be more of an activist effort than a
trade action," he said. "If Trump is elected, his preferred
remedy is tariffs, so maybe they're appealing to that."
As president, Trump showed an affinity for tariffs to
address trade imbalances with China. His administration expanded
the use of Section 301, ultimately kicking off a trade war with
Beijing. His administration cited China's intellectual property
practices and industrial policies as discriminatory burdens to
U.S. commerce.
He has said that if he retakes the White House, he would
consider tariffs to pressure countries, including China, on
issues not directly related to trade, such as immigration.
U.S. labor unions in March filed a separate petition
requesting that USTR investigate China's alleged unfair policies
and practices in the maritime logistics and shipbuilding
sectors.
USTR launched a probe in that case that is ongoing.
China said at the time it was "firmly opposed" to that
investigation, describing it as "contrary to economic common
sense" and based on false allegations.
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