OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Executive Office of the President
Washington, D.C.
20508
USTR RELEASES 2002 INVENTORY OF TRADE BARRIERS
The Office of the United States Trade Representative today released
the 2002
National Trade Estimate (NTE) Report on Foreign Trade Barriers.
The annual
report, required by the Omnibus Trade and Competitiveness Act
of 1988,
documents foreign trade barriers to U.S. exports. A notable change
in this
year's report is the increased use of countries using sanitary
and
phyto-sanitary standards as a strategy for blocking U.S. exports.
The report
also highlights examples of our trading partners reducing, or
eliminating,
trade barriers.
"The Bush Administration continues to move forward to advance
trade and free
markets," said U.S. Trade Representative Robert B. Zoellick.
"By identifying
barriers to trade, we can work with our trading partners, globally,
regionally, and bilaterally, to eliminate them, while further
liberalizing
our market at home. This trade policy improves the economic well-being
of
Americans, advances freedom around the world, and promotes our
nation's
security."
The persistence of trade barriers reaffirms the need for the
United States
to remain actively engaged on multiple fronts. The trade barriers
also
underscore the importance of the new round of multilateral trade
negotiations launched in Doha, Qatar. These negotiations are an
opportunity
for governments to reduce, and eventually eliminate, barriers
to trade. To
realize these benefits, we need to build public support for open
trade. The
report demonstrates what is at stake if the United States fails
to take the
lead in shaping the international trade agenda.
The NTE is a comprehensive list of unfair trade practices and
barriers to
American exports of goods, services and farm products. It covers
55 major
trading partners in each region of the world, and profiles policies
restricting exports of goods and services, as well as deficiencies
in
intellectual property rights protection and investment barriers.
The NTE
also notes many examples where countries have reduced or eliminated
trade
barriers described in earlier reports. USTR prepares the NTE Report
in close
consultation with other U.S. Government agencies, based on the
Administration's monitoring program and information provided from
the public
and private sector trade advisory committees. This year, as in
the past,
USTR solicited public comments and received 49 submissions. U.S.
Embassies
also participated actively in the preparation of the report, and
provided
critical input based on the experience of U.S. exporters abroad.
These
barriers are the subject of consultation with the Congress throughout
the
year.
The full text of the trade barriers report is available on the
USTR web
site, www.ustr.gov . Bound copies
of the report are
available from USTR's Office of Public Affairs beginning Monday,
April 8,
2002.
Regional Highlights of the 2002 Report:
Africa:
Most of the sub-Saharan African countries under review are introducing
economic and political reforms that will promote economic growth
and
facilitate their integration into global markets. With the exception
of
Zimbabwe, these countries are eligible for benefits under the
African Growth
and Opportunity Act (AGOA) and are taking steps to make their
investment
climate attractive for foreign investors. Tariffs have been reduced
but
remain high in certain sectors and countries. Other issues that
hamper U.S.
exporters in certain countries are onerous customs delays, ineffective
enforcement of intellectual property rights, and corruption.
South Africa is the United States' largest export market in sub-Saharan
Africa and a major beneficiary of the African Growth and Opportunity
Act.
The United States is currently working cooperatively with the
South African
Government to address U.S. poultry industry concerns related to
South
Africa's December 2000 imposition of antidumping duties against
certain
chicken parts from the United States.
The United States has expressed serious concerns about the refusal
of South
Africa's monopoly telecommunications provider, Telkom, to lease
lines to
competitive providers of value-added network services. South Africa's
newly
enacted Telecommunications Amendment Bill would also prevent resale
until
2005, which raises questions about South Africa's commitment to
a
competitive telecommunications market and its long-term ability
to attract
foreign participation in its high-technology sector.
Argentina:
Due to continuing financial and political crises starting in
late 2000, the
government has implemented and overturned trade policies frequently,
fostering uncertainty and confusion in the exporting and importing
community. In January 2002, the Government of Argentina established
a system
that prioritizes Central Bank distribution of foreign exchange
to pay for
imported products. This has had an adverse impact on U.S. firms
and is
generally a disincentive to trade.
Brazil:
During the past ten years Brazil has liberalized its trading
regime in a
substantial manner, but still maintains high applied tariffs (such
as a 35
percent tariff on motor vehicles) and tariff bindings, as well
as various
non-tariff barriers. In addition, Brazil has very high information
technology tariffs of 30 percent, which combined with other taxes
adds 100
percent to the cost of personal computers. The main non-tariff
trade
irritants include restrictive and non-transparent import licensing,
an
unofficial yet de facto imposition of questionable minimum import
prices on
certain sensitive products, and restrictions on payments for imports.
Overall, Brazil's customs regime continues to be problematic among
U.S.
exporters for being non-transparent, burdensome, and costly.
Canada:
The United States trades more with Canada than with any other
country, but a
number of issues continue to threaten this partnership.
The 1996 U.S.-Canada Softwood Lumber Agreement was created to
mitigate the
effects of market distorting Canadian provincial timber sales
practices and
provides time to implement systemic reform. The Agreement expired
in April
2001 having fostered little substantive reform. U.S. industry
filed
antidumping and countervailing duty petitions immediately thereafter.
On
March 22, 2002, the U.S. Department of Commerce announced its
final
determinations that Canadian softwood lumber is being dumped into
the U.S.
market and benefits from Canadian Government subsidies. The U.S.
International Trade Commission continues to investigate the extent
of injury
to the U.S. industry caused by Canadian dumped and subsidized
imports and
its final decision will be made around May 6. In the absence of
an agreement
on basic reforms to the Canadian system which would form the basis
of a
durable solution as an alternative to trade litigation, the United
States
will effectively enforce U.S. trade laws.
The Canadian Wheat Board has been reorganized but continues to
enjoy
government-sanctioned monopoly status, as well as other privileges
that
restrict competition. The United States is committed to using
all effective
tools available to end the market distorting impact of the Canadian
Wheat
Board's monopoly on the sale and distribution of its wheat around
the world.
In response to a petition from the North Dakota Wheat Commission
(NDWC), on
February 15, 2002, USTR announced multiple steps to fight for
a level
playing field for American wheat farmers. These include: examination
of a
possible dispute settlement case in the World Trade Organization
(WTO)
against the Canadian Wheat Board; working with the wheat industry
to examine
the possibilities of filing U.S. countervailing duty and antidumping
petitions; and identifying specific impediments to U.S. wheat
entering
Canada to ensure the possibility of fair, two-way trade. These
actions are
complemented by the Administration's ongoing commitment to vigorously
pursue
comprehensive and meaningful reform of monopoly state trading
enterprises in
the WTO agriculture negotiations.
In July 2001, a WTO compliance review panel agreed with the United
States
that Canada had not taken the necessary steps to bring its dairy
export
subsidy program into compliance with the WTO. The United States
intends to
present further evidence to the WTO demonstrating that Canada
is unfairly
subsidizing its dairy exports in response to the review panel's
judgment
that the factual record in the case was incomplete.
China:
A number of problems continue to affect the bilateral trade relationship.
For example, import standards and phytosanitary requirements are
being used
to create import barriers, and imports of many products are required
to
undergo duplicative and expensive quality and safety inspection
procedures.
Imports of agricultural products such as grain, poultry, and citrus
are at
times arbitrarily blocked. In addition, transparency continues
to be an
issue for both foreign and domestic firms, as inconsistent notification
and
application of existing laws and regulations continues to create
problems
for businesses.
China did make further improvements in its intellectual property
rights
protection regime, but a high level of product counterfeiting
and copyright
piracy continues, and enforcement must be improved.
Following nearly 15 years of negotiations, China acceded to the
WTO on
December 11, 2001. Although China had begun the difficult process
of
reforming its trade regime in order to become WTO-compliant, this
process is
ongoing. It is expected that WTO accession will further open China's
market
to U.S. goods and services. In the long run, it is also expected
that
adherence to WTO rules and international norms should encourage
structural
reform and promote the rule of law throughout China.
European Union:
Several European Union policies continue to create significant
barriers to
U.S. economic interests. Among these barriers are unjustified
bans on U.S.
beef from livestock treated with hormones, U.S. poultry, and bioengineered
products. The EU ban on U.S. beef has continued for more than
ten years,
despite a WTO ruling that the ban is inconsistent with multilateral
trade
rules. Other major barriers include Member State government financial
support to the aircraft industry; and widely differing EU standards,
testing, and certification procedures.
Many U.S. trade concerns stem from the lack of transparency in
the
development of EU regulations. The United States views transparency
and
public participation as essential to promoting more effective
transatlantic
regulatory cooperation, to achieving better quality regulation,
and to
reducing the number of possible bilateral trade disputes.
India:
With the elimination of longstanding quantitative restrictions
in the past
year, access to the Indian market has improved. Nonetheless, a
broad range
of impediments remain, including high taxes and tariffs, and non-tariff
barriers, affecting most trade. Serious deficiencies in intellectual
property rights protection also persist.
Japan:
Structural rigidity, excessive regulation, and market access
barriers
continue to limit opportunities for U.S. companies trading with,
and
operating in Japan, our third largest trading partner. The report
underscores our continuing concern with a number of these obstacles.
For example, competition in Japan's $130 billion telecommunications
sector
remains stifled by the absence of an independent regulator; weak
dominant
carrier regulation; high interconnection rates for both wired
and wireless
services; and inadequate access to rights-of-way, facilities and
other
services to competitors.
Japan also continues to maintain significant barriers to its
agricultural
market. These barriers are of particular concern to the United
States as our
exports of farm, forest and seafood products totaled $11 billion
in 2001.
There appears to have been an increase in Japan's use of standards
and other
administrative requirements to limit agricultural imports and
a greater
tendency to deviate from scientific principles in setting new
import
policies. Japan's restrictions on apples because of alleged concerns
about
the potential transmission of fire blight is one such example.
The United States also continues to urge Japan to remove regulatory
and
trade barriers and address systemic inefficiencies in the medical
device and
pharmaceutical sectors. The United States is particularly concerned
about
Japanese plans to implement a new "foreign reference pricing"
system for
medical devices that arbitrarily sets a cap on prices without
taking into
full account the high cost of doing business in Japan.
Korea:
Korea is one of the United States' major trading partners, and
President Kim
Dae Jung has made progress toward a more open, market-oriented
economic
policy. However, Korea continues to impose significant barriers
to U.S.
imports.
Korea's high tariffs and related taxes combine to seriously restrict
access
for U.S. exports. U.S. companies access to Korea's auto market
remains
extremely limited. Korea also imposes high duties and maintains
other
barriers on many agricultural and fishery products.
The lack of transparency in rulemaking and in Korea's regulatory
system is a
principal problem cited by investors or exporters seeking to compete
in the
Korean market. These transparency-related barriers are significant
in a wide
variety of sectors, including food and medical equipment.
Inadequate protection of intellectual property rights continues
to be a
serious problem in Korea.
The United States has long-standing concerns about the Korean
Government's
involvement in, and support for, the Korean steel industry, including
government-directed lending.
Mexico:
Mexico has failed to ensure competition in its market for international
telecommunications services as required by its WTO commitments.
It has also
failed to enforce its rules to prevent its major telecommunications
supplier, Telemex, from engaging in anti-competitive conduct.
The United
States has filed a case against Mexico in the WTO on this matter.
On January 1, 2002, the Mexican Congress imposed a consumption
tax on
certain beverages sweetened with ingredients other than cane sugar,
including high fructose corn syrup. This discriminatory and
counterproductive action established a major barrier to a settlement
of
broader sweetener disputes between the United States and Mexico.
In March
2002, the tax was suspended by President Fox. However, the Mexican
Congress
continues to threaten new restrictions and HFCS sales remain well
below
prior volumes.
The Unites States remains concerned about the continuing high
levels of
piracy and counterfeiting in Mexico and will closely monitor how
the Mexican
Government addresses these problems.
Russia:
Russia has undertaken a comprehensive economic reform program
which includes
the ongoing negotiation of Russia's terms of accession to the
World Trade
Organization (WTO). Principal among Russia's trade-restricting
import
policies is the current ban on U.S. poultry exports, which the
United States
is actively working with the Russian Government to resolve as
soon as
possible. Despite reforms underway, several Russian policies continue
to
pose significant barriers to U.S. economic interests. These include
trade-restricting import policies, Russia's licensing regime and
standards
and certification procedures, sanitary and phytosanitary measures,
services
and investment barriers and an inadequate enforcement regime with
respect to
intellectual property.
Ukraine:
Despite continued efforts by the U.S. Government to urge Ukraine
to
implement laws and regulations adequately protecting optical disc
media
products, Ukrainian legislative and legal efforts to combat CD
and DVD
piracy remain weak. Although Ukraine passed an Optical Disc licensing
law in
January, it contains numerous flaws and exceptions (including
the exclusion
from coverage of discs in transit). We continue to stress the
importance of
adequate protection for the rights of copyright holders and will
continue to
seek ways to facilitate reliable and enforceable IPR protection
in Ukraine.
Ukraine has recently imposed a ban on imports of U.S. poultry
meat based on
unjustified food safety claims.