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Washington Trade Daily
Volume 19, Number 206 Monday, October 18, 2010
Trade Reports International Group
USTR Accepts USW China 301 Petition
The US Trade Representative has accepted a unfair trade practices petition filed by the United Steelworkers last month attacking China’s subsidies and other trade practices that support its “green”
energy technology sector (WTD, 9/29/10).
The petition alleges that China employs a wide range of World Trade Organization-inconsistent policies that protect and unfairly support its domestic producers of wind and solar energy products, advanced batteries and energy-efficient vehicles. According to the petition, the policies include export restraints, prohibited subsidies, discrimination against foreign companies and imported goods,
technology transfer requirements and domestic subsidies – which all cause serious prejudice to US interests. The petition further alleges that China’s policies have caused the annual US trade deficit in green-technology goods with China to increase substantially.
“This is a vitally important sector for the United States,” US Trade Representative Ron Kirk said in a statement. “Green technology will be an engine for the jobs of the future and this Administration is committed to ensuring a level playing field for American workers, businesses and green technology entrepreneurs.”
In light of the size of the petition and the number of claims against China, USTR will spend the next 90 days examining the petition to verify the union’s claims.
The USTR said the United States will pursue enforcement of US rights through WTO litigation if an examination warrants action. The allegations say China is violating it obligations under the WTO agreement on subsidies and countervailing measures and commitments it made when it joined the world trade body in 2001.
Administration’s Promise
In response to the USTR move, United Steelworkers President Leo W. Gerard stated – “By accepting the petition ..., it sends the message that America is not going to stand by while our jobs get outsourced. ... Our nation has gone through the greatest economic crisis since the Great Depression.
Today’s decision is further evidence that job creation and economic recovery are the central efforts of President Obama’s Administration and that his promise of a high and rising standard of living for all our people is one he intends to keep.”
House Ways and Means Committee Chairman Sander Levin (D-MI) praised the move stating –
“The Obama Administration’s quick decision to move forward on unfair Chinese trade practices in the green technology sector ... is a strong signal of support for US businesses and workers.”
“China is using unfair trade practices to try to dominate the market in solar panels, wind turbines and other products in this important jobs-creating sector and those practices must be vigorously
challenged,” the chairman.
Mr. Levin noted that the Commerce Department a day earlier had reported a record US trade deficit with China.
Also on Friday, the Treasury Department announced a delay in issuing its semi-annual report to Congress on international foreign exchange actions (WTD, 10/15/10). By delaying its issuance, the department avoided a decision on citing China as a “currency manipulator.”
Since June 19, when China announced it would renew the reform of its exchange rate and allow the exchange rate to move higher in response to market forces, the Chinese currency has appreciated by roughly 3 percent against the US dollar, Treasury noted. Since September 2, the pace of appreciation
has accelerated to a rate of more than one percent per month. If sustained over time, this would help correct what the International Monetary Fund has concluded is a significantly undervalued currency.
“By continuing to implement reforms to strengthen domestic demand and by allowing the exchange rate to move higher to reflect fundamental economic forces, China will make a significant positive contribution to the global rebalancing effort, help reduce pressure on those emerging market economies that have more flexible exchange rates and provide a more level playing field for trading partners around the world,” Treasury stated.
Various meetings – including heads of state – of the Group-of-20 members and the Asia-Pacific Economic Cooperation forum will provide opportunities for governments to pressure China to stay on course towards an appreciated yuan, Treasury said.
The announcement suggested that the report will not be issued until late November or December.
Obama Urges Action on Overseas Taxes
In Saturday’s regular radio address, President Obama made a pitch to Congress to pass legislation – including S 3816 – that would end a tax credit applied to US companies opening facilities abroad (WTD, 10/15/10).
A threatened Republican filibuster has held up consideration of S 3816 in the Senate.
Congress is planning to hold a two-week post election session to complete consideration of some must-do legislation, including a continuing appropriations measure to keep the government operating into 2011.
The President said he wants to end the loopholes. “It doesn’t make sense for American workers, American businesses or America’s economy,” the President stated. “A lot of companies that do
business internationally make an important contribution to our economy here at home. That’s a good thing. But there is no reason why our tax code should actively reward them for creating jobs overseas.
Instead, we should be using our tax dollars to reward companies that create jobs and businesses within our borders.”
Mr. Obama restated his plan to provide more tax breaks for domestically located firms – especially small and medium size businesses. He said he wanted to extend the current investment capital tax credit into next year and will ask Congress for a permanent research and experimentation tax credit. In addition, he said he wants a tax break for clean energy manufacturers.
“These are commonsense ideas. When more things are made in America, more families make it in America; more jobs are created in America; more businesses thrive in America,” the President
continued.
Mexican Trucking Again
Mexico is still waiting for a signal from the Obama Administration that it is ready to negotiate a solution to the long-running dispute over cross-border trucking – but another temporary pilot project would not be acceptable, a Mexican Embassy official said Friday (WTD, 9/23/10).
“We are ready and willing to solve this issue,” Jose Luis Paz, head of the embassy’s Trade and North American Free Trade Agreement Office told reporters. But Mexico City expects full NAFTA compliance from Washington. “We need a program that is permanent, provides certainty and is NAFTA-compliant.”
Another pilot project – like the one killed by Congress two years ago which triggered $2.4 billion in trade retaliation – would not meet those criteria, Mr. Paz said at a program sponsored by the National Foreign Trade Council. Mexico would have preferred not to resort to retaliation at all, but 15 years of non-compliance by the United States could not go unchallenged.
The Administration appears committed to resolving the issue – but is still “waiting for the right time.” In the meantime, the US ban on cross-border trucking is impeding the competitiveness of both
countries because of the extra time and cost involved in transfering goods from Mexican truckers to US carriers.
The Mexican official spoke to reporters to discuss 12 new measures recently enacted by the Mexican government to simplify trade-related procedures and regulations. The measures are aimed at making it easier to do business with Mexico and facilitating the flow of goods like electronics and some agricultural products. These efforts hold big benefits for US companies, as Mexico currently buys more US products than China and Japan combined, he stated.
TRIPS and the CBD
Geneva –The United States on Friday suggested there is no need to amend the World Trade Organization’s Trade-Related Intellectual Property Rights agreement to include patent disclosure provisions for genetic material – as demanded by India, Brazil and China along with several other developing countries, WTD has learned (WTD, 10/15/10).
During a small-group “brainstorming” session on TRIPS-related issues, the United States continued its defensive stance on the TRIPS/Convention of Biological Diversity issue. It insists that national patent offices and appropriate national legislation are sufficient to address the problem of benefits-sharing and prior informed consent for genetic material.
The meeting was called to find a “middle ground” between opponents led by the United States and Japan on one side and India, Brazil, China, the European Union and Switzerland on the other.
Developing countries made a strong pitch that legislation and national actions are not sufficient to address a worldwide problem of bio-piracy. India and Brazil insisted that benefit-sharing and patent disclosure norms are as important for genetic material as for pharmaceuticals, for instance.
Several industrialized countries, including Australia and Chile, have softened their stance on the issue, WTD was told.
The next small group session will take up the issue of Geographical Indications protection for items other than wines and spirits.
Wrap Up Doha This Year – Niggli Says
Geneva – Chair of the World Trade Organization Government Procurement Agreement committee Nicholas Niggli warned Friday that any delay in wrapping up the long-delayed Doha Development Agenda negotiations much beyond this year not only could “unravel” the ongoing negotiations, but undermine expected gains from efforts to expand the Government Procurement Agreement, WTD has learned (WTD, 7/27/10).
“If we do not finish this year or shortly thereafter,” the Swiss envoy overseeing the GPA negotiations said, “the process may very well unravel and all of the things that delegations have been working so hard for a decade – not only a conclusion to the coverage negotiations but also a revised text of the Agreement – and prospects for a major expansion of the Agreement may disappear.”
Gains from new members entering an expanded accord would exceed many times their joining the current accord, Mr. Niggli told WTD. He also suggested that any delay in concluding a deal would adversely affect those accessions.
Mr. Niggli urged the United States and the European Union to come to the table with what he called “improved and constructive” pre-final offers before crucial meetings to be held beginning December 6. Other members that have not completed negotiations with their partners must do the same, he said.
GPA members include the United States, the EU, Canada, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Norway, Singapore, South Korea, Switzerland and Taiwan. China is negotiating its accession.
Except for Hong Kong, all GPA members have tabled offers indicating areas in which further market-opening for international bidding and procurement would take place.
Israel tabled a revised offer last week; preliminary discussions continue on the contents of revised offers from Korea and Singapore, WTD was told.
The difficult issue of treatment of small and medium size enterprises will be targeted for work soon, Mr. Niggli added.
Last week, GPA members also discussed final US federal acquisition regulations under last year’s American Recovery and Reinvestment Act which contains several “Buy America” provisions.
Members underscored the need for systematic notification of past changes to coverage as essential for concluding the negotiations.
China, Armenia and Jordan
China, Armenia and Jordan are currently negotiating their entry into the GPA. Jordan’s negotiations are well advanced and Armenia’s are in the process of being finalized, WTD was told.
Several members want China to improve its latest market access offer made in July.
The United States last week suggested that China lower its proposed thresholds from its July offer and expand coverage to more goods, construction and services procurement. It also wants GPA coverage for provincial, regional, municipal and other sub-federal entities.
Washington is demanding that central government agencies – including China’s Ministry of Defense, the People’s Liberation Army, Xinhua news agency, agencies responsible for
telecommunications and financial regulation and universities administered by the Ministry of Education – be covered.
China, the United States argued, should reduce its thresholds to $205,000 for goods and services and to $12 million for construction service contracts – minus any transition period, WTD has learned.
ITC Says Injury From Chinese Line Pipe
In a final decision, the International Trade Commission on Friday said a US industry is
threatened with material injury by reason of imports of certain seamless carbon and alloy steel standard, line and pressure pipe from China that the Commerce Department has determined are subsidized and sold in the United States at less than fair value (WTD, 9/17/10).
Commissioners Okun, Pearson, Aranoff, Williamson Pinkert made affirmative determinations on the basis of threat. Commissioner Lane made affirmative determinations on the basis of present injury.
As a result of the affirmative threat determinations, Commerce will issue antidumping and countervailing duty orders.
Around the Globe
! A complaint from the United Steelworkers union in the US about China’s clean energy policies is “groundless” and “irresponsible,” China’s Ministry of Commerce said according to a Bloomberg news service report (see related report this issue). China will protect its own interests according to the World Trade Organization’s rules, the ministry said in a statement.
The US government’s agreement to investigate the case is a “wrong” trade protectionism signal, the ministry said. The complaint, called a Section 301 filing, is the first filed and accepted by Obama’s administration after his predecessor, Republican George W. Bush, turned down trade complaints against China.
China and the US have pushed development of wind, solar and clean-energy technologies, offering tax breaks and government aid to spur projects. That aid doesn’t violate WTO rules, Wang Baodong, a spokesman for the Chinese Embassy in Washington, said yesterday. “The
environment-friendly green technology policies introduced by the Chinese government are for the
purpose of energy protection and ensuring sustainable development, which are in conformity with WTO rules,” Wang said in an e-mail.
China Development Bank, a state-owned lender, has said it plans to lend more than $42 billion to support expansion of solar manufacturers and wind-turbine makers.
! A top economic adviser to US President Barack Obama said on Friday protectionism is a rising threat to the global economy that destroys value, Reuters news service reported from Mubai (WTD, 10/14/10). “The rise of protectionism is one of the rising threats to the global economy,”
outgoing economic adviser Lawrence Summers said in India’s financial capital.
Summers, in India ahead of the US president’s visit next month, declined to comment on currency tensions. “In the end, protectionism makes people poor, makes nations more hostile to one another, reduces opportunities for businesses and for workers. And it is as good as being in a zero-sum game, it is actually a negative-sum game because it destroys value,” he said in response to an audience question during a lunch. “I am hopeful that the whole momentum in the international economic integration will continue and that the world will sort out the forces of protectionism.”
Reuters also reported that South Korea, which will chair next month’s G20 summit, warned on Friday that international tensions over foreign exchange policy could lead to increased trade
protectionism. Finance Minister Yoon Jeung-hyun said during a scheduled meeting of senior
trade-related officials that the country, as the chair of the Group of 20 economies summit, felt the need to “sternly deal with” trade protectionist moves.
“With the recovery slow in the advanced countries, each country relies more on exports for growth, and tension surrounding foreign exchange rates is intensifying, and there are signs that this could develop into trade protectionism,” Yoon said.
Separately, the Press Trust of India reported that the Director General of the World Trade Organization Pascal Lamy has warned that the growing currency tensions can lead to the “return of 1930's- style protectionism. The question is whether this (the anti-protectionist mood) is stable or risks being dented by currency developments. There is a risk and the risk is not nil,” Lamy told the Guardian.
Amid fresh evidence that governments are seeking to boost their own economies’ growth by manipulating their exchange rates, Pascal Lamy expressed concern that the next step could be the erection of tariff barriers. He added that the existence of the WTO, the fear of a return to the experience of the 1930s and the increasingly integrated nature of global trade had so far deterred governments from raising barriers to imports.
Campaign 2010
! Hoping to tap into deep voter anxiety about unemployment and the stumbling economy, candidates in both parties have launched a wave of new attacks accusing their rivals of helping ship US jobs overseas, Reuters news service reported from Lorain, Ohio (WTD, 9/24/10). On the campaign trail and in television ads ahead of Nov. 2 elections, dozens of Democrats have charged that Republicans support free-trade deals and tax breaks for corporations that cleared the way for the migration of US jobs to foreign countries.
Republicans have countered with ads in 10 House of Representatives districts accusing Democrats of sponsoring jobs overseas by backing tax breaks for clean energy that mostly went to foreign companies in the $814 billion stimulus bill. The raging ad war reflects the high stakes for both parties in a campaign dominated by the high unemployment rate. A recent NBC/Wall Street Journal poll found voters believe the shift of US jobs to foreign countries was the biggest reason the economy has struggled.
It is a topic that resonates loudly in economically ravaged battleground states like Ohio, where unemployment exceeds the national average and ailing towns like Lorain have seen thousands of manufacturing jobs disappear. The outsourcing issue could be a difference-maker in Ohio -- home to a half-dozen competitive House contests, a Senate race and a tight governor’s election -- and other recession-weary states as Republicans fight to regain control of Congress. A Reuters/Ipsos poll on Wednesday found voters think job creation will be the biggest task for Congress in 2011, and more than
half believe a reduction in the national unemployment rate of 9.6 percent would be the best sign the economy is improving.
! Senate Finance Committee Chairman Max Baucus (D-Mont) visited China’s Waigaoqiao port, the country’s busiest port, to discuss issues related to trade facilitation and trade enforcement with China, according to his office (WTD, 10/15/10). Sen. Baucus’ tour centered on the challenges facing America’s customs agencies, including ensuring the smooth flow of goods as trade between the United States and China increases, while ensuring the safety and security of those goods received from China.
The senator said he is working with Finance ranking Republican Chuck Grassley (Iowa) on legislation to reauthorize US Customs and Border Protection and US Immigration and Customs Enforcement to ensure they are meeting their missions of trade facilitation and trade enforcement, are able to process US exports and imports in a timely manner and to enforce trade laws that protect and create a level-playing field for US companies. The bill would revamp the trade facilitation and trade enforcement functions carried out by CBP and ICE, which are within the Department of Homeland Security. The legislation would ensure those agencies are able to carry out their trade functions by establishing new high-level positions within DHS, CBP, and ICE that focus on trade facilitation and enforcement; providing CBP and ICE with additional resources to carry out their trade missions; and establishing sophisticated commercial enforcement practices to ensure US imports comply with US laws.
! The State Department announced Friday it has certified Mexico as complying with US law prohibiting the import of shrimp and shrimp products harvested in ways that may adversely affect some sea turtle species (WTD, 3/26/10). This certification is based on a determination that Mexico’s turtle excluder devices program is comparable in effectiveness to the US program and means that wild-harvested shrimp from Mexico’s commercial trawl fisheries now may be imported into the United States.
The United States and Mexico have been working in close cooperation on sea turtle conservation as well as a range of bilateral fisheries and marine conservation issues of importance to the two nations.
Mexico implemented a plan of action in the past several months to strengthen sea turtle conservation in its shrimp trawl fisheries. This plan of action represents significant improvements in the use of turtle excluder devices by its fishing industry, State said. The U.S. government’s decision regarding Mexico’s certification means that.
! The United States and Singapore held their sixth annual review of the implementation of their Free Trade Agreement Friday, the US Trade Representative’s office said (WTD, 9/23/10). The two sides reviewed implementation of the agreement and the growth in bilateral economic trade and investment.
During the review meeting the two sides exchanged views on issues and concerns related to agricultural and textile market access, intellectual property rights, regulations related to cable TV
content, and other issues. The two sides also reviewed the past year’s activities under the Plan of Action for Environmental Cooperation, and reviewed the results of recent meetings in Singapore exploring ways to intensify joint work on labor issues, including worker rights and human resources development.
Since the FTA came into force in 2004, US goods exports have increased 34 percent, with goods exports totaling $22.2 billion in 2009. Trade in services also is up, with US exports of $9 billion to Singapore in 2008 (the latest available data), up 60 percent from 2004. Foreign direct investment in both directions rose, with Singaporean investment in the United States totaling $22.9 billion last year and US investment in Singapore totaling $76.9 billion.
! State Minister for National Policy Koichiro Gemba said Sunday that Japan should move swiftly to conduct discussions on whether to join the Trans-Pacific Partnership Agreement, a US-backed multilateral trade arrangement, Kyodo news service reported (WTD, 10/6/10). “We are at a crossroads where we should decide whether to negotiate the deal or not,” said the minister during a Fuji TV program. “Given that Japan is trailing far behind the global trend (in international trade), we need to make a decision on the matter.”
The agreement, known as TPP for short, was originally concluded by Brunei, Chile, New Zealand and Singapore and took effect in 2006. Negotiations to expand it are under way involving four
more countries, including major agricultural exporters such as the US and Australia. It will be on the table along with other key issues when the leaders of the member nations of the Asia-Pacific Economic Cooperation forum meet in November in Yokohama. Prime Minister Naoto Kan ordered a government panel to study Japan’s participation in the TPP negotiations earlier this month. But Agriculture, Forestry and Fisheries Minister Michihiko Kano has said it may take considerable time to win understanding from domestic farm interests given that they are concerned about the negative effect of losing a tariff barrier that now protects them in Japan’s produce market.
! Japanese oil developer Inpex Corp. said Friday it would withdraw from Iran’s Azadegan oil field project, a move believed to be aimed at keeping it off a list of firms subject to US sanctions, Agence France-Presse news service reported from Tokyo (WTD, 10/8/10). Inpex “has reached an agreement with Iran’s state oil company that its subsidiary will withdraw from the Azadegan oilfield development project,” the Japanese government-backed company said in a statement.
The oilfield, which has about 42 billion barrels of oil, was initially to have been developed with Inpex. But the Japanese company in 2006 lowered its stake from 75 percent to 10 percent due to worries about the risk of sanctions imposed on Iran over its controversial nuclear programme.
The US on Friday welcomed Inpex’s move, saying it showed the risks of doing business with Tehran. “The company’s actions are part of a strong and emerging consensus not only of governments but also from the private sector... to send a powerful and united signal to Iran that it should meet its international obligations and begin to engage seriously on its nuclear program,” State Department spokesman Philip Crowley said.
Other Japanese companies are also reviewing their Iran operations. In August Toyota suspended auto exports to Iran indefinitely in line with global sanctions against Tehran.
! India and Japan are expected late this year to hold negotiations aimed at reducing
disagreements over nuclear proliferation and testing limitations Tokyo has sought to include in a civilian nuclear trade deal between the countries, the Hindustan Times reported. Representatives for Tokyo and New Delhi met for a second set of nuclear trade negotiations last week. A civilian cooperation deal would permit Japan to sell its advanced atomic energy equipment and associated technology to India, which spent decades as an nuclear pariah for developing a strategic deterrent outside the Nuclear Nonproliferation Treaty. A trade deal negotiated with the United States paved the way for New Delhi to regain access to the international nuclear marketplace.
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On the Web...
Agriculture
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Energy. AFL-CIO statement on the Section 301 case against China’s subsidies in its clean energy sector. (available at:
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Energy. United Steelworkers union statement on the Section 301 case against China’s subsidies in its clean energy sector. (available at: http://www.usw.org ) issued: 10/15/10.
Energy. Alliance for American
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Steel. United Steelworkers union statement on imports of Chinese pipe and tube.
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Energy
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China. Statement by Rep. Levin on the Section 301 case against China’s subsidies in its clean energy sector. (available at:
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China. United Steelworkers union statement on the Section 301 case against China’s subsidies in its clean energy sector. (available at: http://www.usw.org ) issued: 10/15/10.
China. Statement by Sen. Stabenow on Section 301 case against China’s subsidies in its clean energy sector. (available
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Environment Mexico. State Department notice of
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Export Controls Antiboycott. Commerce Department statement on settlement of four antiboycott cases. (available at:
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Fish and Fishing Mexico. State Department notice of
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149535.htm ) issued: 10/15/10.
Health and Safety
Chinese Drywall. Statement by Sen. Vitter on settlement of Chinese drywall case.
(available at:
http://www.vitter.senate.gov/public/index.cf m?FuseAction=PressRoom.PressReleases&Co ntentRecord_id=ac76ee02-072d-46b8-9815-ab3 d3938a5a4&Region_id=&Issue_id= ) issued:
10/14/10.
Chinese Drywall. Statement by Rep. Cao on settlement of Chinese drywall case. (available at:
http://josephcao.house.gov/News/Document Single.aspx?DocumentID=211893 ) issued:
10/14/10.
Imports
Rules of Origin. Remarks by World Trade Organization Director General Lamy on rules of origin. (available at:
http://www.wto.org/english/news_e/sppl_e/
sppl174_e.htm ) issued: 10/15/10.
Mexico
Regulations. National Foreign Trade Council statement on recent regulatory changes in Mexico. (available at: http://www.nftc.org ) issued: 10/15/10.
Overseas Private Investment Corporation Central America. Overseas Private
Investment Corporation announcement of program to support investments in Central America. (available at:
http://www.opic.gov/news/press-releases/20 09/pr101510 ) issued: 10/15/10.
Steel
China. United Steelworkers union statement on imports of Chinese pipe and tube.
(available at: http://www.usw.org ) issued:
10/15/10.
China. Rep. Visclosky statement on imports of Chinese pipe and tube. issued: 10/15/10.
World Trade Organization Agriculture. World Trade Organization Committee on Agriculture annual report.
(available at:
http://docsonline.wto.org/GEN_viewerwind ow.asp?http://docsonline.wto.org:80/DDFD ocuments/t/G/L/929.doc ) issued:
10/15/10.
