Industry Wants Re-evaluation of Foreign Trade Zones Changes

Foreign trade zones provide special customs procedures to U.S. plants engaged in international trade-related activities.
Foreign trade zones provide special customs procedures to U.S. plants engaged in international trade-related activities.

New York, N.Y., August 31, 2011 – American exporters, importers and multinational companies are urging a U.S. government panel to reconsider proposed rules changes they say would make it harder to do business through foreign trade zones in the United States, according to the United States Council for International Business (USCIB), which represents America’s top global companies and signed the appeal along with several other groups.

The business groups have asked the Foreign Trade Zones Board (FTZB), an interagency body led by the Department of Commerce, to re-open for comment a portion of proposed rules change, put forward in December 2010, that would impose more costly and burdensome treatment of goods subject to antidumping duties or countervailing duties that move through such zones.

“This policy change runs counter to the Obama administration’s National Export Policy, which aims to double U.S. exports within five years,” said USCIB President and CEO Peter M. Robinson.  “Moreover, it would force many companies to shift production from U.S. foreign trade zones to manufacturing centers overseas in order to remain competitive, thus depriving our country of valuable export-oriented jobs.”

The existing policy allows foreign trade zone users to import goods that would normally be subject to such duties, then manufacture and re-export finished goods without paying duties, so long as the finished products are not sold in the United States.  The new proposal would make such duty-free importation significantly more difficult by requiring a de facto trade remedy proceeding to determine whether the duty-free admission of these goods is in the public interest.

Mr. Robinson said industry wants the FTZB to maintain its existing policy of allowing privileged foreign-status merchandise to be exported without the payment of taxes and duties.  “The existing policy aims to prevent foreign trade zones from being used to circumvent antidumping and countervailing duties orders,” he said.  “The proposed regulation disregards the fact that such orders only apply to goods that enter for consumption in the United States, not those to be exported.”

The other groups joining USCIB in the appeal were the American Association of Exporters and Importers, American Institute for International Steel, Consuming Industries Trade Action Coalition, Emergency Committee for American Trade and National Association of Foreign Trade Zones.

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world.  With a unique global network encompassing leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More information is available at www.uscib.org.

Contact: Jonathan Huneke, USCIB
(212) 703-5043, jhuneke@uscib.org

Business letter to U.S. Foreign Trade Zone Board

More on USCIB’s Customs and Trade Facilitation Committee

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US Ramps Up Multilateral Attention on State-Owned Enterprises

August 9, 2011

U.S. Ramps Up Multilateral Attention on State-Owned Enterprises

Senior U.S. officials are pressing governments in the Asia-Pacific region and elsewhere to develop multilateral rules to rein in state-owned enterprises, which are often favored by their home governments and increasingly compete against U.S. firms in third countries.  Speaking in Hong Kong in July, Secretary of State Hillary Clinton urged Asia-Pacific governments to pursue multilateral agreements over bilateral economic pacts, develop rules in a fair and transparent manner, and avoid providing unfair advantages to state-owned enterprises.

Business Urges U.S. to Restart India Investment Talks: USCIB joined a number of industry groups in encouraging the U.S. government to re-engage India in discussions toward a bilateral investment treaty (BIT).  In a letter to Secretary of State Hillary Clinton and U.S. Trade Representative Ron Kirk, the business groups stated: “Negotiating a strong and high-standard BIT with India will produce substantial increases in productive investments by U.S. companies, U.S. exports and other new market opportunities for the United States.  BITs are a vital tool to protect important U.S. investments overseas that promote U.S. exports and economic growth.”  A related association letter was submitted to India’s ministry of commerce in response to a discussion paper on India’s investment policy, in particular the use of equity caps.  The business letter urged India to phase out these caps, which are expected to be an issue in any potential BIT with the United States.

“There is now a danger of creating a hodgepodge of inconsistent and partial bilateral agreements which may lower tariffs, but which also create new inefficiencies and dizzying complexities,” Secretary Clinton said.  “A small electronics shop, for example, in the Philippines might import alarm clocks from China under one free trade agreement, calculators from Malaysia under another, and so on — each with its own obscure rules and mountains of paperwork — until it no longer even makes sense to take advantage of the trade agreements at all. Instead, we should aim for true regional integration.”

Secretary Clinton said the U.S. wants to focus attention on state-owned enterprises via Trans-Pacific Partnership talks.  “We are working to ensure that the TPP is the first trade pact designed specifically to reduce barriers for small and medium-sized enterprises.  After all, these are the companies that create most of the world’s jobs, but they often face significant challenges to engaging in international trade.  So, the TPP aims to ensure fair competition, including competitive neutrality among the state-owned and private enterprises.”

These themes were echoed in remarks by Deputy U.S. Trade Representative Demetrios Marantis in Washington, also in July.  Mr. Marantis told a conference convened by the Coalition of Services Industries that, as USTR develops a proposal for dealing with state-owned enterprises in the TPP talks, negotiations, it is using work already underway in the Organization for Economic Cooperation and Development as a guide.

He said that the U.S. approach on SOEs in the TPP talks would be based upon OECD work on fostering “competitive neutrality” between SOEs and private firms.  “We are working right now on determining what our best negotiating proposal can be in the Trans-Pacific Partnership that covers this issue.”

 Contact: Eva Hampl or Shaun Donnelly

From the President: Dealing With State-Owned Enterprises (Winter 2010-2011)

More on USCIB’s Trade and Investment Committee

Transatlantic Dialogue on Investment Urged

USCIB has joined several business associations in urging the United States and the European Union to take up shared issues relating to foreign investment as a priority matter.

In a letter to EU Trade Commissioner Karel De Gucht and Michael Froman, the U.S. deputy national security advisor for international economic affairs, the business groups argues strongly in favor of reinvigorating the U.S.–EU Investment Dialogue with special attention to:

  • coordinating efforts including promoting strong investment protections in key third countries, especially countries such as China, Russia, Ukraine, India and key countries in Latin America;
  • highlighting that a major theme of “third-country” discussions should be how the EU and U.S. can use investment and other agreements to mitigate the anticompetitive effects of government supports for state-owned enterprises;
  • reiterating a long-standing position that any evaluation of inward investment should contain safeguards to ensure that it is limited to legitimate national security concerns; and
  • tracking investment negotiations and handling of BITS in the EU as the authority for negotiating BITS has shifted from the member states to the EU Commission.

USCIB is seeking input from members on the range of issues to be taken up when the investment dialogue is revived.

 

Business letter on U.S.-EU Investment Dialogue

From the President: Dealing With State-Owned Enterprises (Winter 2010-2011)

More on USCIB’s Trade and Investment Committee

More on USCIB’s European Union Committee

Concern Over Indian Procurement Initiative

USCIB recently joined several other associations in a letter to Indian Prime Minister Manmohan Singh raising serious concerns with new draft proposals regarding procurement preferences for electronic products. These proposals would require that a percentage of all electronic procurements by the Indian government be reserved for domestic manufacturing. The letter identifies the many negative aspects of the policies for India and urges the government to not implement any policies seeking to encourage manufacturing through discrimination or by forcing local content in government procurements.

 

Business letter on Indian procurement

More on USCIB’s Trade and Investment Committee

Business Groups Urge No More Delays on Trade Pacts and Adjustment Assistance

Yesterday USCIB joined with 33 other business groups on a letter to the leaders of the Senate Finance Committee and House Ways and Means Committee urging them to move forward on the three pending U.S. free trade agreements with Colombia, Korea and Panama, and to work out an agreed approach to Trade Adjustment Assistance (TAA).

“We applaud the work of your committees for taking these next steps toward approval of these vital agreements,” the groups wrote. “To level the playing field for trade, create American jobs, and reaffirm U.S. leadership, [we] urge the swift approval of the three agreements and resolution of the differences over Trade Adjustment Assistance by both the House and Senate.”

Today both committees were expected to hold mock markups to move the approval process forward. The House implementing bill does not include TAA, while the Senate implementing bill does.

Staff contact: Rob Mulligan

Business association letter

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USCIB Welcomes Progress on Approval of Pending Trade Agreements

New York, N.Y., June 28, 2011 – The United States Council for International Business (USCIB), which represents America’s leading global companies, welcomed progress toward Congressional approval of pending U.S. free trade agreements with Colombia, Panama and Korea, as the Senate Finance Committee announced it will hold a mock mark-up on Thursday, June 30.

“Approving these agreements as soon as possible will provide a big boost to our economy as we seek to ensure sustained growth and a jobs-based recovery,” stated USCIB President and CEO Peter M. Robinson.  “We need the tools to compete and win in the world economy.  What’s more, failure to move quickly on the three trade agreements will damage American leadership and credibility on the world stage.  American business will do its utmost to ensure Congressional passage.”

The draft implementing bill for the Korea FTA will include an extension of Trade Adjustment Assistance.  “We believe that Trade Adjustment Assistance plays an important role in advancing a bipartisan trade agenda,” Mr. Robinson stated.  Earlier this year, USCIB joined other leading industry associations in signing a joint letter on the importance of TAA.

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world.  With a unique global network encompassing leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More information is available at www.uscib.org.

Contact:

Jonathan Huneke, USCIB

+1 212.703.5043 (office), +1 917.420.0039 (mobile), jhuneke@uscib.org

More on USCIB’s Trade and Investment Committee

ICC Denounces G20 Rise in Protectionism

USCIB’s affiliate the International Chamber of Commerce (ICC) is urging G20 leaders to keep markets open to trade, following worrying results from a recently released WTO-OECD-UNCTAD report that G20 countries are increasing protectionist measures.

The joint report by the World Trade Organization (WTO), the Organization for Economic Cooperation (OECD) and United Nations Committee on Trade and Development (UNCTAD) on G20 trade and investment measures, released May 24, 2011, found that more new trade restrictive measures have been implemented in the past six-month period than in any previously reported period. From October 2010 to April 2011 alone, G20 members implemented 30 new export restrictions.

This occurred despite the G20’s reaffirmation at the 2010 Seoul Summit to resist protectionism until the end of 2013. G20 leaders had agreed early that year, at their Toronto Summit, to withdraw any protectionist measures in the pipeline, including export restrictions and WTO–inconsistent measures for stimulating exports. The WTO-OECD-UNCTAD report reveals that the exact opposite is taking place.

The joint report further confirms an ICC-commissioned study, released by the Peterson Institute for International Economics in 2010, stating that all G20 countries have implemented protectionist trade measures since 2008. Concerns in the global business community about this protectionist trend have prompted ICC to put into place its own indicator to monitor market openness. The Open Market Index will provide an annual ranking of the 50 top-trading countries by order of their openness to trade and investment. This private sector indicator to monitor protectionism will be launched ahead of the G20 Summit – being held in Cannes, France on November 3-4, 2011.

Staff contact: Rob Mulligan

More on the ICC-commissioned study by the Peterson Institute for International Economics

More information on Global Trade Alert

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In Trans-Pacific Trade Talks, USCIB Seeks Neutral Forum for Dispute Settlement

In the context of the multi-party Trans-Pacific Partnership trade talks, American business is seeking to secure an investor-state dispute settlement mechanism in the agreement’s investment provisions.  USCIB and our partners in other business associations believe that a rules-based system for cross-border investment, backed by an investor-state dispute mechanism, provides the certainty that global business requires to lower risk and operate more efficiently in today’s global economy.

In April, the government of Australia issued a new trade policy blueprint statement that categorically rejects the inclusion of investor-state dispute settlement in any future trade agreement that Australia negotiates, notwithstanding its prior inclusion in Australia’s free trade agreements with Singapore, Thailand, Chile, and the ASEAN countries.

It appears that all parties to the Trans-Pacific Partnership negotiations, with the exception of Australia, favor inclusion of investor-state mechanism.  Consequently, USCIB is seeking to work with the Australian business community to promote greater awareness of the benefits of such a mechanism for trade and investment across the trans-Pacific region.  USCIB President and CEO Peter M. Robinson recently wrote to the head of the Australian Chamber of Commerce and Industry urging support for an investor-state dispute settlement mechanism.

To read the USCIB brief on investor-state dispute settlement, click here.

USCIB Brief on Investor-State Dispute Settlement

More on the Trans-Pacific Partnership (U.S. Trade Representative’s office website)

More on USCIB’s Trade and Investment Committee

Push by Business for Trade Adjustment Assistance

As the Obama administration indicated its readiness to enter into substantive discussion with Congress with the goal of approving pending free trade agreements with Colombia, Korea and Panama, a coalition of business groups sent a letter (below) to President Obama and Congressional leaders in support of expanded trade adjustment assistance for workers dislocated by international trade as part of the package.

The letter states: “TAA is as vitally important today as it has been over the years.  It helps American businesses get into exporting and is designed to give displaced workers the new skills and resources they need to re-enter the 21st century job market.  Accordingly, in addition to moving on the pending trade agreements and trade preferences, we urge Congress and the Administration to find a way forward to ensure that the United States has in place an effective TAA program to support U.S. global economic engagement.”

Staff contact: Rob Mulligan

More on USCIB’s Trade and Investment Committee

Business Coalition Letter on Trade Adjustment Assistance

May 2, 2011

President Barack Obama
The White House

The Honorable Harry Reid
Majority Leader
U.S. Senate

The Honorable Mitch McConnell
Minority Leader
U.S. Senate

The Honorable John Boehner
Speaker of the House
U.S. House of Representatives

The Honorable Nancy Pelosi
Minority Leader
U.S. House of Representatives

Dear Mr. President and Congressional Leadership:

We are writing to urge you to support Trade Adjustment Assistance (TAA).

The Trade and American Competitiveness Coalition brings together U.S. business and agriculture enterprises who support domestic and international policies that will enhance U.S. competitiveness to promote economic growth and new jobs and prosperity for America’s workers, farmers, consumers, communities and businesses.  The Coalition reaffirms American business’ long standing support for TAA as a central part of America’s overall trade agenda.

TAA is as vitally important today as it has been over the years.  It helps American businesses get into exporting and is designed to give displaced workers the new skills and resources they need to re-enter the 21st century job market.  Accordingly, in addition to moving on the pending trade agreements and trade preferences, we urge Congress and the Administration to find a way forward to ensure that the United States has in place an effective TAA program to support U.S. global economic engagement.

For almost fifty years, TAA has enjoyed bipartisan support as an essential part of American trade policy.  In 1962, President Kennedy recognized the link between increased trade and economic growth:  “Increased economic activity resulting from increased trade…can bring a dynamic new era of growth.”   He also recognized that a national policy to increase trade has costs as well as benefits, and that the country as a whole has a responsibility to share those costs:

“[American] workers who suffer damage from increased foreign import competition [should] be assisted in their efforts to adjust to that competition.  When consideration of national policy makes it desirable to avoid higher tariffs, those injured by that competition should not be required to bear the full brunt of the impact.  Rather, the burden of economic adjustment should be borne in part by the Federal Government.”

President Bush echoed this same position almost fifty years later when, in his last State of the Union Address in January 2008, he said:

“Trade brings better jobs and better choices and better prices.  Yet for some Americans, trade can mean losing a job, and the federal government has a responsibility to help.  I ask Congress to reauthorize and reform trade adjustment assistance, so we can help these displaced workers learn new skills and find new jobs.”

The Trade and American Competitiveness Coalition supports the work of the Administration and Congress to re-energize America’s trade policy.  In that effort, we urge the Administration and Congress to find a way forward to ensure that the United States has in place an effective TAA program, as part of America’s overall trade agenda, which should also include passage of the three pending trade agreements and renewal of the key trade preference programs for eligible countries.

Signed and supported by:

American Farm Bureau Federation ®

American Apparel & Footwear Association (AAFA)

Association of Equipment Manufacturers (AEM)

Business Roundtable (BRT)

Coalition of Service Industries (CSI)

Distilled Spirits Council of the U.S.

Emergency Committee for American Trade (ECAT)

Fashion Accessories Shippers Association (FASA)

Information Technology Industry Council (ITI)

National Association of Manufacturers (NAM)

National Foreign Trade Council (NFTC)

National Retail Federation

Tech America

TechNet

Telecommunications Industry Association (TIA)

Travel Goods Association (TGA)

U.S. Chamber of Commerce

U.S. Council for International Business

Business Groups Weigh in on Stalled Doha Round

Following meetings in Geneva last week on the WTO Doha Round negotiations, USCIB and several other major U.S. business groups issued a statement (below) expressing our concern with the current state of the negotiations, affirming our continued support for the round and the efforts by the U.S. negotiators, and stressing the need for a change in the substantive direction of the talks to bridge the gaps in services, agriculture and manufactured goods.

Staff contact: Rob Mulligan

More on USCIB’s Trade and Investment Committee

Business Groups Joint Statement on the Status of the Doha Round

Washington, D.C., May 2, 2011 – The organizations listed below released the following statement today on the lack of progress in the Doha Round:

“We deeply regret that the WTO Doha Development Agenda trade round has not yet been able to achieve its intended objective of promoting world economic growth by expanding trade.

Since 2001, the United States and the U.S. manufacturing, services, and agriculture communities have been steadfast in their support for the Doha Round and of efforts by U.S. and other negotiators to try to break the negotiating deadlock by offering constructive alternatives in each negotiating area. We continue to seek an outcome that would open markets around the world, produce new trade flows, grow our economies and sustain and create jobs. But an agreement will not be possible unless all major economies make meaningful contributions.

A trade round is about opening markets and setting the rules for world trade for decades so it must address the reality that all major developed and advanced developing WTO Members that have benefitted from past rounds enormously have a responsibility to the world trading system to undertake significant market opening measures.  It is clear that this is not happening.

We believe that what is currently on the table in Geneva lacks balance and ambition.  According to the participants in the negotiations, the gaps in services, agriculture and manufactured goods appear to be unbridgeable under current circumstances. Real change in the substantive direction of the negotiations is the way the Round will produce meaningful results, an objective we continue to strongly support.

We continue to maintain strong confidence in the WTO as an institution, its system of rules, and its role as a bulwark for open trade and against protectionism as proven by the recent financial crisis. We encourage the United States and all WTO Members to devote their energy to finding a productive, trade-expanding direction for the Doha Round and the multilateral trading system. We remain ready to contribute our ideas to such an effort.”

American Farm Bureau Federation

Business Roundtable

Coalition of Service Industries

Emergency Committee for American Trade

National Association of Manufacturers

National Foreign Trade Council

United States Chamber of Commerce

United States Council for International Business