THE TTALK QUOTES 

On Global Trade & Investment

 

Published Three Times a Week By

The Global Business Dialogue, Inc.

Washington, DC   Tel: 202-463-5074

Email: Comments@gbdinc.org

 

No. 88 of 2014 

WEDNESDAY, DECEMBER 31, 2014     

 

   

Filed from Portland, Oregon  

     

Click here for yesterday's quote from GE's Orit Frenkel.
AMERICA IN THE WTO: RESPONDING TO A REVIEW

"[W]e work to advance constructive leadership in the WTO not because we seek praise - although that is certainly welcome - but because we recognize how deeply the success of our economy and of our broad trade policy mission is tied to the viability and health of the WTO and the multilateral trading system that it supports.
 
"We are committed to partnering with all of you to keep this institution vibrant because, first and foremost, it is in our national self-interest to do so."

Ambassador Michael Punke
December 18, 2014
CONTEXT
The membership of the WTO - the Geneva-based ambassadors and their colleagues - meet in several different guises.  Sometimes they meet as the WTO General Council, with Ambassador Jonathan Fried of Canada as chairman.  And sometimes they sit as the Trade Policy Review Body, which is chaired by Ambassador Mariam MD Salleh of Malaysia.  That was the case on December 18, when the WTO concluded its 12th trade policy review of the United States.  Some 51 countries weighed in with comments in the course of the two days of the review - December 16 and 18.  In his remarks on the 18th, America's ambassador to the WTO, Michael Punke, thanked those who had spoken for their observations and "the mostly constructive spirit in which they were articulated."

Today's quote, taken from Ambassador Punke's statement on the 18th, focuses on the rationale for America's commitment to the WTO.  The larger portion of his remarks, however, was, in effect, a response to concerns that had been raised by the WTO staff in their report on U.S. trade policy and/or by other WTO members in their interventions.  We will touch on some of those issues in a minute.

First, though, a word about the Trade Policy Review Mechanism or TPRM.  Like the WTO itself, the TPRM and the Trade Policy Review Body, TPRB, were created by the Uruguay Round.  Specifically, the language establishing those entities is in Annex 3 of the Marrakesh Agreement. As Annex 3 explains:

"[T]he review mechanism enables the regular collective appreciation and evaluation of the full range of individual Members' trade policies and practices and their impact on the functioning of the multilateral trading system.  It is not, however, intended to serve as a basis for the enforcement of specific obligations under the Agreements or for dispute settlement procedures, or to impose new policy commitments on Members."

The same document also describes how the system will work, noting for example, that the trade of the top four trading countries - currently the U.S., the EU, China, and Japan - will be reviewed every two years.  The trade policies of the others will be less often, with the trading levels of different countries determining the frequency of their reviews. 

So what were some of the issues Ambassador Punke responded to on the 18th ?   Recognizing that this is New Year's Eve and people have better things to do tonight, we'll mention just three.

The U.S. Farm Bill was one of them.  The WTO staff report set the stage, declaring that:

"One of the most significant trade policy developments during the review period was the enactment of the new Farm Bill on 7 February 2014." 

In her concluding remarks, the Chairperson for the Review, Ambassador Salleh, said:

"Some Members raised ... concerns about the moving away from direct payments to farmers (i.e. Green Box support) towards new trade and production distorting programmes of domestic support."   They also expressed concern she said "over how the new Farm Bill would affect the U.S. position in the agricultural negotiations of the DDA [Doha Development Agenda]."

Ambassador Punke accepted that the U.S. Farm bill is an important "fact on the ground," but he rejected the notion that it is an obstacle in the Doha Round.  He said:
 
"[W]e certainly do not view our farm bill as affecting our ability to engage towards finding results across the scope of the DDA that are appropriately balanced and trade-liberalizing. ... If and when all the key WTO members are prepared to negotiate seriously about meaningful reforms, in particular market access opening that has proven so difficult, the United States will be prepared to do its part." 

Tariffs and Tariff Preferences.  We are combining two issues here.  One is the concern expressed about the tariff peaks in the U.S. schedule.  The other deals with two major U.S. preference programs: the Generalized System of Preferences (GSP), which has lapsed, and the African Growth and Opportunity Act (AGOA), which will expire next September, unless renewed.  The overlap is not perfect, since some of the tariffs at issue are not covered in the preference programs.  Still, it is probably the case that the concerns over tariff peaks would be eased considerably if the future of those two preference programs were secure. 

Responding to the issue of tariff peaks, Ambassador Punke said:

"[T]he United States is hardly an outlier in maintaining higher tariffs on products that are sensitive.  In addition, the tariff profile of the United States compares extremely favorably in this regard to that of other large Members.  According to the WTO, 2.7 percent of the United States MFN tariff schedule at the 6-digit level is bound at duty rates above 15 percent ... .  For purposes of comparison, the percentage of lines bound above 15 percent are 4.4 percent for the EU, 16.4 percent for China, and 71.5 percent for India."

Ambassador Punke spoke in a very different tone, however, when he turned to concerns about the major preference programs.  He said:

"I would like to especially acknowledge the numerous statements of interest from developing country Members concerning the status of authorization of the U.S. GSP and AGOA programs.   As those Members will see reflected in our written answers, renewal of these programs constitutes an important priority for the United States Administration, and one on which we continue to work actively with Congress."

Procurement and Buy America Provisions.  In her summary of this issue, Chairperson Salleh said:

"Members encouraged the United States to further promote transparency in its Government Procurement system.  In addition, questions were posed regarding the 'Buy America Provisions' in many federal and sub-federal tendering processes."

Addressing the same topic, Ambassador Punke understandably referenced the "hundreds of billions of dollars of U.S. government procurement" that are open to foreign bidders, and he stressed America's commitment to ensuring that the U.S. government's procurement is conducted in a manner that is "consistent with its obligations under the WTO Agreement on Government Procurement."  He concluded this section by saying that the U.S. remains "open to discussing specific procurement concerns."

COMMENT
The first thing to note here is how much we have left out.  We have not said a word about the praise the U.S. received for America's openness, for her restraint, and for her leadership in the WTO, particularly with respect to getting the Trade Facilitation Agreement over the finish line.  Those issues are all in the papers we have referenced, however, along with a slew of other topics, from the Jones Act to U.S. fishing subsidies, to the use of antidumping duties and other trade remedies. Yet all of those topics and more are dealt with in this latest WTO Trade Policy Review for the United States.

***

With apologies for repeating an obvious point, this is New Year's Eve.  And while your grey-haired editor greatly values his time in Washington, there are certain advantages to celebrating this holiday on the West Coast, as we shall do this evening here in Portland, Oregon.  When it is midnight in New York and the ball drops in Time Square, we can watch it on TV. But here it will only be 9 p.m.  We can then drink a bubbly toast to the New Year, sing a chorus of Auld Lang Syne - old acquaintance should NOT, NOT be forgot! - and still be in bed not much after 10 o'clock.  Marvellous.

***

Oh yes, and there is one more thing we'll do.  We'll take stock of some of the strengths that should help make 2015 all that we hope for it.  One of those is that Michael Punke is America's ambassador to the WTO.  He is just so able.  We will end this final entry for 2014 with his closing comments on the second and final day of the WTO's 2014 of U.S. trade policy:

"Madam Chair, the United States approaches the end of this review with a certain measure of relief, which is a sentiment I'm sure all Members can appreciate.  The TPR is a rigorous, demanding, and at times maddening process.  It is an enormous amount of work for big and small Members alike.  It is also immeasurably worthwhile, and represents one of the most valuable innovations of this now-20-year-old World Trade Organization.

"I'd like to close by extending the warm thanks of all of our team - including the hundreds of colleagues across the scope of our government in Washington - who participated in responding to your questions.  We deeply appreciate the serious engagement of all of you, and we are grateful for the role of the Secretariat, the Chair, and our excellent discussant in shepherding us through this process.

"Thank you."

***

And thanks as well to every GBD member and everyone else who helped us to further the trade policy discussion in 2014.

HAPPY NEW YEAR!


SOURCES & LINKS
Ambassador Punke on the TPR for the U.S. is a link to this December 18 statement by Michael Punke, which was the source for today's quote.

The Chairs takes you to a WTO web page with a listing of the chairpersons for the various WTO groups.

About Trade Policy Reviews is a WTO web page that deals with this topic in general terms.

Papers from the Recent TPR for the U.S.  This is a link to a WTO web page that is specific to this review, including, inter alia, links to the staff report, and the chairpersons concluding report. 

Annex 3 is a link to the portion of the Marrakesh Agreement, which explains, establishes, and describes the TPRM.

Cunningham on the Farm Bill and the WTO takes you to the TTALK Quote for August 13, 2014.  This was mainly an entry about African and trade negotiations.  However, U.S. agricultural policy was mentioned in a way that is relevant here.


SUBSCRIBE
If you want to receive these TTALK Quotes, we're happy to send them to you.  That's the deal.  If you want to help and ensure that they keep coming, please


SUBSCRIBE NOW
It's just $50 a year.  Click here and you' re done.

Buy Now
Thank you.

Note: GBD Members are already subscribers and we thank them for their membership and support.

 

 

 

 

TO GET THE TTALK DAILY QUOTE IN YOUR INBOX

 

Or Other GBD Notices, Click below. 

Join Our Mailing List

 

© 2014 The Global Business Dialogue, Inc.

1140 Connecticut Ave., NW, Suite 950

Washington, DC   20036

Tel: (202) 463-5074

R. K. Morris, Editor

www.gbdinc.org