OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Executive Office of the President
Washington, D.C.
20508
March 6, 2003
United States Requests WTO Panel in Dispute on Canadian Wheat
Board
WASHINGTON - The Office of the United States Trade Representative
announced
today the United States would seek formation of a World Trade
Organization
dispute settlement panel to examine the wheat trading practices
of the
Government of Canada and the Canadian Wheat Board (CWB).
The United States' panel request also challenges Canada's requirements
to
segregate imported wheat in the Canadian grain handling system
and Canada's
discriminatory policy that affects the access of U.S. grain to
Canada's rail
transportation system. The request for a WTO panel is the next
step in the
U.S. case against Canada, which was announced last December, and
continues
the Administration's aggressive pursuit of ensuring a fair trading
system
for U.S. farmers.
Background
Under WTO procedures, the first step in the dispute settlement
process is
for both parties to hold formal consultations. The United States
requested
those consultations with Canada on December 17, 2002, and the
consultations
were held on January 31, 2003. During the consultations, Canada
expressed
no willingness to make any modifications to its wheat trading
practices.
Accordingly, the United States is proceeding with the next step
in the
process, which is the request for the establishment of a panel
of
independent experts to determine whether the defending Party is
acting
consistently with international trade rules.
On February 15, 2002, U.S. Trade Representative Robert B. Zoellick
released
an affirmative finding after an investigation under section 301
of the Trade
Act of 1974. In the finding, Zoellick described the multiple avenues
USTR
would take to seek relief for American wheat farmers from the
unfair trading
practices of the CWB, a government state trading enterprise. In
April 2002,
U.S. Chief Agriculture Negotiator Allen F. Johnson went to North
Dakota to
hear directly from wheat farmers on the CWB's unfair competition.
There are four prongs to the February 2002 plan, which the Administration
is
pursuing aggressively.
First, the plan called for the examination of a possible WTO
challenge,
which USTR is pursuing with today's action.
Second, the Administration committed to work with the U.S. industry
to
examine the possibility of filing antidumping and countervailing
duty
petitions. The North Dakota Wheat Commission filed petitions on
September
13, 2002. On March 4, 2003, the U.S. Department of Commerce issued
a
preliminary determination in the countervailing duty investigation,
announcing a 3.94 percent countervailing duty to be applied provisionally
while the dumping and countervailing duty investigations continue.
Third, USTR announced that it would work with the U.S. industry
to identify
impediments to U.S. wheat entering Canada. The elements of the
WTO case
regarding Canada's grain segregation requirements and rail transportation
rules is a direct result of those efforts.
Fourth, the United States committed to seek reform of state trading
enterprises through the adoption of new rules in the WTO agriculture
negotiations, which are part of the Doha Development Agenda launched
in
November 2001. The United States is aggressively pursuing this
negotiating
objective. In particular, the United States has proposed eliminating
export
monopolies so that any producer, distributor, or processor can
export
agriculture products. The United States has also proposed ending
special
financial privileges which are granted to state traders and expanding
their
WTO transparency obligations.
The United States is pleased that U.S. proposals to reform export
state
trading enterprises, such as the Canadian Wheat Board, have been
incorporated into the initial negotiating framework issued in
February by
the WTO Chairman of the agriculture negotiations (Stuart Harbinson).
This
initial framework reflects the broader concerns within the multilateral
trading system regarding state trading enterprises, including
the need to
eliminate monopoly powers, eliminate special government financing,
and make
operations of such entities transparent. The United States is
continuing to
build a coalition of other WTO member countries in the ongoing
trade
negotiations who support this position.
The North Dakota Wheat Commission and the broader U.S. wheat
industry
support the Administration's decision to file a WTO case on the
wheat
trading practices of the CWB.