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."