Letter to Robert E. Lighthizer, US Trade Representative - Letter to Ambassador Lighthizer

Letter

Dear Ambassador Lighthizer:

We are writing today concerning the importance of ensuring affordable access to
FDA-approved hand sanitizer throughout the country as American schools start to reopen and
businesses work to find a sense of normalcy. We are eager for the United States to become
medically independent from China when it comes to safe hand sanitizer and all other critical
supplies that are needed to respond to the current pandemic. However, we have not yet developed
sufficient new production capacity here at home to fulfill our needs. Therefore, we urge you to
grant a temporary tariff waiver for FDA-approved hand sanitizer made in China in order to address
current shortages and quality challenges in our continued public health response to COVID-19.
We understand that the Administration has implemented a 25% import tariff on FDA-approved hand
sanitizer made in China as part of the U.S. response to China's many unfair trade practices. We also
understand that over the last few months, USTR has granted several tariff exclusions to US hand
sanitizer producers that purchase raw materials and components from China. But we understand that
the U.S. industry does not yet have adequate production capacity to use these raw materials to
manufacture sufficient quantities of sanitizer here in the United States, which exacerbates the
shortage.
We agree with the goal of increasing U.S. production of hand sanitizer and other critical items. In
the short term, however, the additional tariff on FDA-approved hand sanitizer from China has made
it difficult to ensure that safe, effective, and affordable hand sanitizer is readily available to all
Americans. A temporary waiver of that additional tariff would provide short-term relief for hospitals,
places of business, and consumers as they cope with the continued shortage.
Moreover, we are concerned about reports that some domestically produced hand sanitizer on the
market may be dangerous or less effective than sanitizer made by longstanding Chinese suppliers
of FDA approved product. Our understanding is that quality hand sanitizer typically contains certain
thickening agents that provide the viscous gel or foam necessary to properly apply the hand sanitizer,
and that sanitizers that lack these thickening agents are harder to pour and use effectively. In
addition, there have been various other reports of quality problems in the industry, including a surge
in reports of sanitizers containing dangerous contaminants, such as methanol and 1-propanol, that
can be poisonous when absorbed through the skin or ingested. The list of FDA-recalled hand
sanitizers due to unsafe and potentially lethal ingredients is rapidly growing; in June there were
nine recalled sanitizers, and in only two months the list has grown to 165 recalled sanitizers. All of
these quality problems can and must be addressed in short order to keep all Americans safe and
healthy, but in the meantime we must continue to take all prudent actions to secure the supplies
that Americans need.
In addition to quality challenges for new producers, we are concerned about other reported
challenges with respect to our supply of hand sanitizer, including a global shortage of alcohol-based
hand sanitizer as all other countries pursue the same limited supply, the domestic shortage of
approved ingredients for hand sanitizer, and the significant price increases caused by the pandemic.
In light of all these factors, it is impossible for the United States to meet the urgent demand for safe
and effective hand sanitizer in the immediate future through domestic production alone. It is
particularly important for the United States to have access to China's capacity in order to stay safe
and healthy as we open schools, additional businesses and other venues over the coming months.
Thanks in advance for your consideration.
Sincerely,

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