President Trump tweeted out on Sunday what sounds like good news:  based upon “substantial progress“ in trade negotiations with China, he was postponing a March 2 increase from ten to twenty-five percent tariffs on some $200 billion in U.S. imports from China.  The President even declared expectations of further progress and a “signing summit” at Mar-a-Lago, perhaps as early as March.  Major markets around the globe flashed green, signaling optimism that the results might yet be worth the economic disruption and uncertainty caused by the US-China trade war.

It is true that both sides face pressure – economic and political – to reach a deal.  But all we really know for now is that President Trump sees enough momentum in the talks that hiking tariffs at this time would slow not spur progress.  And if more progress towards a credible, enforceable and verifiable agreement is not made, he can always deploy the tariff hike.

Let’s be clear, this is the end game; the stakes are high for both Presidents Trump and Xi.  Signs and sentiment are mounting that the US economy could fall into a recession before the 2020 election.  To make good on his big promises, and to bolster the U.S. and global economy before the election, the President needs a deal that is a fitting conclusion to a year-long trade war with China.  A year of economic disruption, and Trump’s own words, have raised expectations for a robust, comprehensive agreement. That means not just promises from China to buy up to $1.2 trillion more energy, agricultural products and other products from the U.S. to reduce our persistent trade deficit with China, but verifiable improvements on intellectual property protections, cyber-theft, forced technology transfers, non-tariff barriers, market access for U.S. services companies, and other key “structural issues.”

Xi too faces real challenges: last year China’s economic growth slowed to a three-decade low, as public and private debt mounts and traditional drivers like real estate and infrastructure weaken.  China’s economy has gone through a fundamental change in recent years – from an investment and export-led to a consumption-based economy.  These changes are hard to manage and control.  In January, Xi warned hundreds of abruptly-assembled party officials that: “Globally, sources of turmoil and points of risk are multiplying,” and, “the party is at risk from indolence, incompetence and of becoming divorced from the public.”

Economic risks are a huge concern for Xi, who sees the potential in 2019 for restlessness at home, including if the trade talks blow up and slow growth even further.  If that happens, China’s debt levels, its tightly State-led economy, and global conditions will constrain his ability to respond.  A deal that deescalates the trade war with the United States would boost flagging business and consumer confidence in China, and enable Xi’s government to train its focus on reining in debt and financial risks.  Moreover, some in the Party do see a need to accelerate and deepen economic liberalization.  Xi is interested in control, not liberalization, but he could use the trade talks to ease criticism both of his handling of the economy and of China’s relationship with the United States.

Locking down verifiable specifics on the structural issues, and agreeing on enforcement mechanisms, however, remain far from done.  China still denies it ever forces technology transfers or steals  trade secrets via cyber-theft.  And China most certainly does not want to U.S. to be able to decide unilaterally when and if China has failed its commitments, and to snap back into place high tariffs.  On the other hand, the U.S. is unlikely to agree to any independent arbitration mechanism.

China fears that the U.S. is using the trade talks and other measures to slow its technological progress, not just to prevent it from stealing know-how and using massive subsidies and non-tariff barriers to unfair advantage.  Meanwhile, the U.S. has for years seen China bend or circumvent rules, commitments and agreements, and has accumulated hard evidence of China’s unfair practices and the economic harm they have caused the U.S.  Yet, achieving dominance in ten high-tech sectors (e.g. aerospace, robotics, artificial intelligence, semi-conductors and autonomous, clean-energy vehicles) is the centerpiece of Xi’s 2015 “Made in China 2025” strategy.  The policies and practices that the United States and other trading partners have criticized as mercantilist are core elements of China’s efforts expand into these high-tech sectors, sectors that are also strategic to future prosperity in the United States.

This highlights the sensitivity of the current negotiations.  The future economic strength of both countries is at stake, as is the degree to which the U.S. and China view their relationship as a zero-sum game, or one where mutual benefit and cooperation are possible, and necessary.  The reputation and credibility of both leaders is also on the line.  While the stakes are very high, trust is low.  For China to take the risk of liberalizing during such a major economic transition, the U.S. should give China some certainty on tariff relief if China is implementing the agreement in good faith.

It remains to be seen whether President Trump can reach a deal with President Xi that is “better than any deal that anybody ever dreamed possible.”  Failure to reach a deal seems unlikely, given what is at stake for both leaders.  They could well agree on stabilizing China’s currency and increasing its purchases from the United States to reduce our trade deficit, as well as on market openings and intellectual property  protections that are in China’s own interest, along with some intermediate steps on the thorny structural issues.

There are several directions the Trump administration could go on tariffs in the context of an agreement.  One is to keep the existing 10% tariffs on Chinese imports until China fulfills its commitments.  Another is to lift right away some or all of the current tariffs, with the threat that the tariffs would “snap back” into place if China does not meet its commitments.  In either case, the administration could retain the threat of new tariffs, like those just postponed, if the agreement is breached.  Regardless, enforcement and verification mechanisms will be key.  Reports from private U.S. companies and industry would no doubt be needed to verify progress on complex structural issues to ensure change is actually happening on the ground.  A joint U.S.-China committee to regularly review implementation could be helpful as well.

An effective agreement with China to ensure respect for fair trade and investment, and international rules and agreements, might better and sooner have been reached with the cooperation of like-minded allies, like the EU, Japan and Canada.  This was foreclosed by the administration’s unilateral tariffs on national security grounds against their products.  But it is good news that a US-China agreement may soon be reached; a credible agreement that both see as a “win” would reduce both economic and geopolitical risk and uncertainty, and give the global economy some breathing room.

This article was originally published in The Hill newspaper.

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Photo of Stuart E. Eizenstat Stuart E. Eizenstat

Ambassador Stuart E. Eizenstat is Senior Counsel  in Covington & Burling LLP’s international practice. His work at Covington focuses on resolving international trade problems and business disputes with the U.S. and foreign governments, and international business transactions and regulations on behalf…

Ambassador Stuart E. Eizenstat is Senior Counsel  in Covington & Burling LLP’s international practice. His work at Covington focuses on resolving international trade problems and business disputes with the U.S. and foreign governments, and international business transactions and regulations on behalf of U.S. companies and others around the world. He was an Adjunct Lecturer at Harvard University’s John F. Kennedy School of Government (1982-1991), where he taught a course on presidential decision-making. He has been a Guest Scholar at the Brookings Institution (1981) and the Woodrow Wilson Center (2001).

During a decade and a half of public service in six U.S. administrations, Ambassador Eizenstat has held a number of key senior positions, including Chief White House Domestic Policy Adviser to President Jimmy Carter (1977-1981); U.S. Ambassador to the European Union, Under Secretary of Commerce for International Trade, Under Secretary of State for Economic, Business and Agricultural Affairs, and Deputy Secretary of the Treasury in the Clinton Administration (1993-2001).

In the Carter White House, he was major figure in all the domestic legislative achievements of the Carter Administration. He also recommended to President Carter a Presidential Commission on the Holocaust, headed by Elie Wiesel, which led directly to the congressional approval of the United States Holocaust Memorial Museum.

During the Clinton Administration, he had a prominent role in the development of key international initiatives, including the negotiations of the Transatlantic Agenda with the European Union (establishing the framework for the  U.S. relationship with the EU); the development of the Transatlantic Business Dialogue (TABD) among European and US CEOs; the negotiation of agreements with the European Union regarding the Helms-Burton Act and the Iran-Libya Sanctions Act; the negotiation of the Japan Port Agreement with the Japanese government; and the negotiation of the Kyoto Protocol on global warming, where he led the  U.S. delegation.

Much of the interest in providing belated justice for victims of the Holocaust and other victims of Nazi tyranny during World War II was the result of his leadership of the Clinton Administration as Special Representative of the President and Secretary of State on Holocaust-Era Issues, while continuing to hold his other Senate-confirmed positions. He successfully negotiated major agreements with the Swiss, Germans, Austrian and French, and other European countries, covering restitution of property, payment for slave and forced laborers, recovery of looted art, bank accounts, and payment of insurance policies. He was the principal negotiator of the 1998 Washington Principles on Nazi-Confiscated Art with 44 countries, which continues to be a basis for recovery and compensation for Nazi-looted art. His book on these events, Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II, has been favorably received in publications like the New York Times, Los Angeles Times, Washington Post, Business Week, and Publisher’s Weekly. It has been translated into German, French, Czech and Hebrew.

In addition, during the Obama administration, he served as Special Adviser on Holocaust-Era Issues to Secretary of State Hillary Clinton and Secretary of State John Kerry (2009-2017). During this period of his public service, Ambassador Eizenstat negotiated significant Holocaust-related agreement with the governments of Lithuania (2011), and with France (2014), regarding the deportation of Jews on the French railway. During this time, he was also the principal U.S. negotiator for the Terezin Declaration with 47 countries (2009), which strengthened the Washington Principles on Nazi-Confiscated Art and urging measures to assist the social welfare of poor, elderly Holocaust survivors, and the agreement with over 40 countries on Best Practices and Guidelines for the Restitution and/or Compensation of Private (Immovable) Property Confiscated by the Nazis and their Collaborators Between 1933-1945. In the Obama Administration, he also served on the Defense Policy Board, for Secretary of Defense Chuck Hagel and Secretary of Defense Ashton Carter.

During the Trump administration, he was appointed by Secretary of State Mike Pompeo as Expert Adviser to the State Department on Holocaust-Era Issues (2008-2021).

In the Biden administration, he is currently serving as Special Adviser to Secretary of State Antony Blinken on Holocaust Issues. In this capacity, he played a major role in the negotiation of the Best Practices for the Washington Principles on Nazi-Confiscated Art (2024), now supported by 25 countries. He was appointed by President Biden as Chairman of the United States Holocaust Memorial Museum Council (2022-present).

Since 2009, he has served as pro bono Special Negotiator for the Jewish Claims Conference in negotiations with the German government, obtaining billions of dollars of benefits for poor Holocaust survivors, for home care, social and medical services, enhanced pensions, hardship payments, child survivor and Kindertransport survivors, special supplemental payments for the poorest of the poor, and worldwide educational benefits.

Ambassador Eizenstat has received more than eighty awards, including eight honorary doctorate degrees from universities and academic institutions. He has been awarded high civilian awards from the governments of France (two Legions of Honor awards in 2004 and 2024), Germany, Austria, Israel, Belgium and Lithuania, as well as from Secretary of State Warren Christopher, Secretary of State Madeleine Albright, and the Alexander Hamilton Award from Secretary of the Treasury Lawrence Summers. In 2003, he received the Great Negotiator Award from Harvard Law School. In 2007, he was named “The Leading Lawyer in International Trade” in Washington, DC by Legal Times. His articles appear in The New York Times, Financial Times, International Herald Tribune, Washington Post, Los Angeles Times, USA Today,  Foreign Policy magazine, and Foreign Affairs magazine, on a variety of international and domestic topics. He was the co-author of Andrew Young: The Path to History (1973), which chronicled how Andrew Young became for the first African American to win a congressional seat in the Deep South since Reconstruction following the Civil War.

His book President Carter: The White House Years (2018, 2020) is a definitive history of the Carter administration, which has been favorably reviewed by The New York Times, The Washington Post, National Review, National Interest, Minneapolis Star Tribune, Moment Magazine, and many other publications. His most recent book is The Art of Diplomacy: How American Negotiators Reached Historic Agreements That Changed the World (20240,which has also won accolades from a variety of publications.

Ambassador Eizenstat grew up in Atlanta and was educated in its  public schools. He was All-City and Honorable Mention All-American (Dell Sports Magazine) in basketball.  He is a Phi Beta Kappa, cum laude graduate of the University of North Carolina at Chapel Hill, where he was inducted into the Order of the Old Well and Golden Fleece Society, and has an endowed chair in his name, The Ambassador Stuart E. Eizenstat Chair of Modern Jewish History. He is a graduate  of Harvard Law School. He was  married for 45 years to the late Frances Eizenstat and has two sons, eight grandchildren, and one great-grandson.

Photo of Christopher Adams Christopher Adams

Christopher Adams advises clients on matters involving China and the region. A non-lawyer, Chris served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across the U.S. government, led negotiations with China on a broad range…

Christopher Adams advises clients on matters involving China and the region. A non-lawyer, Chris served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across the U.S. government, led negotiations with China on a broad range of trade and investment issues, managed the highest level U.S.-China economic policy dialogues for the Obama and Trump administrations, and advised the Treasury Secretary and other cabinet officials.

Chris helped develop and implement U.S. trade policy toward China with the Office of the United States Trade Representative (USTR) from 2007 to 2015 as Deputy Assistant U.S. Trade Representative for China Affairs, Senior Policy Advisor to the Deputy USTR, and Minister Counselor for Trade Affairs at the U.S. Embassy in Beijing, USTR’s first representative in China.

Chris directed government affairs, public relations, and corporate marketing in China for the Eastman Kodak Company from 2001 to 2006 as Chief Representative for China; Vice President, North Asia Region; and Director, Olympic Programs. During this time, Chris was elected to four consecutive terms as a Governor of the American Chamber of Commerce in China and served on the Chamber’s Public Policy Development Committee.

Chris assisted companies with market access issues as a commercial officer in the U.S. Foreign Commercial Service in Beijing and Taipei, from 1993 to 2001. Before joining the Commerce Department, Chris managed media relations and information programs with the American Institute in Taiwan and directed business advisory services at a private trade association in Washington, DC.