TRADE POLICY REVIEW OF THE UNITED STATES
Response to Issues Raised in the Course of the Review Meeting
Ambassador Linnet Deily
Deputy U.S. Trade Representative
At the World Trade Organization
Geneva, Switzerland
January 16, 2004
Madame Chair, I would like to start by welcoming the active and
constructive participation of all my colleagues in this review.
I would particularly like to express my appreciation for all the
positive comments on Ambassador Zoellicks recent letter
to his ministerial counterparts. As you can tell from the style
of the letter, it reflects both U.S. policy perspective and Ambassador
Zoellicks personal commitment. It is clear from our trading
partners comments that the letter was received in the spirit
that was intended. This cannot be a lost year for the D.A. and
your comments provide reassurance this view is widely shared.
I would also like to express my thanks to Ambassador Chung. He
is a good friend, and good friends can present honest and objective
feedback, which he did most capably and which we reflected carefully
upon as we prepared for todays session. It was with great
sadness that we heard that he will be leaving us soon. He has
not only been an extremely capable and effective representative
of his government but he also has been steadfast in his commitment
to supporting and strengthening the multilateral trading system.
I would like to thank you and the Secretariat for preparing the
list of themes to serve as the focus of todays discussion.
We found it helpful in preparing for todays session. At
the same time, I would note that we have received more than 600
written questions from Members, some as recently as 5:30 yesterday
afternoon, and additional questions were raised at the meeting
itself. Given the number of questions and the technical level
of detail of many of them, we will not be in a position to respond
to all of them today. We have provided a room document with many
answers. Additionally, I will respond to each of the themes you
have identified and respond to as many of the issues raised as
possible. We will also provide written responses in a timely manner.
If there was one point that stood out above all others in your
comments, it was the importance of U.S. leadership in the multilateral
trading system. We readily accept this responsibility as evidenced
by the fact that President Bush made passage of Trade Promotion
Authority one of his first and highest priorities upon coming
to office. At the same time, it is clear that the trading system
is a shared responsibility of all of us. To move forward, we all
must work together.
As is normal for a Trade Policy Review, we heard many comments
on areas where Members would seek even greater access to our market
or changes in other policies. While we will be responding to the
specifics this morning, an overriding point is that we are prepared
to work with others to strengthen the multilateral trading system
and further liberalize trade, including making changes to our
own trade regime. U.S. proposals in the DDA negotiations reflect
an ambitious vision of the future.
I. ECONOMIC AND INSTITUTIONAL ENVIRONMENT
Twin Deficits
Ambassador Chung and a number of Members written questions
expressed concerns about, or made reference to, the U.S. federal
budget and trade imbalances - the so-called twin deficits. Also,
with reference to U.S. macroeconomic policy, and budget and trade
imbalances, a number of Members at Wednesdays meeting, expressed
appreciation for U.S. actions in recent years to help sustain
U.S. and global economic growth.
Since the recent recession, the United States clearly used monetary
and fiscal policies to fight recession and promote U.S. and global
economic growth, even at the expense of increases in the trade
deficit and weakening of our budget balance. We have kept our
markets open as well, as noted by a number of Members at Wednesdays
meeting, in recent difficult times, even as U.S. manufacturing
employment declined by some 16 percent. Let me say how much we
appreciated the understanding shown by a number of Members of
the context in which the twin deficits have recently increased
and of underlying U.S. motivations to restore U.S. growth and
help stimulate global economic expansion in the context of increasingly
open global markets.
I would like now to turn specifically to the budget deficit.
The recession and weakness of recovery in its early phase by themselves
would have shifted the U.S. budget position. Much of the shift
from surplus to deficit has also come about as the result of what
we believe to be a timely fiscal response to the weakening of
the U.S. economy. Restoration of healthy growth has been a high
economic priority for the United States and one which will benefit
the global economy as well.
The federal budget balance shifted from a $230 billion surplus
in 2000 to an actual deficit of $370 billion in 2003 and an expected
deficit of about $500 billion in 2004, a figure likely to somewhat
exceed 4 percent of U.S. GDP. Deficits of this magnitude are obviously
a legitimate subject of concern, and the United States fully intends
to reduce the budget deficit. Under U.S. Administration policies,
the deficit is projected to begin declining after this year. It
is expected to be in a $300 billion range for 2005 and 2006. By
2009, the deficit is expected to fall to half its 2004 level,
or around 1.7 percent of GDP. This is lower than the average deficit-to-GDP
ratio over the last four decades. The ratio of government debt-to-GDP
would decline over this period as well. This progress, of course,
requires maintaining the fundamentals of strong economic growth
together with spending restraints in the United States.
Turning to the twin deficits, let me note that the
linkage between trade and budget deficits is not at all clear.
This is true with respect to academic analysis as well as with
respect to recent U.S. historical experience. For example, over
the last seven years, the most significant increases in the U.S.
trade deficit occurred during the years of fiscal surpluses.
In the mid 1990s, the U.S. goods and services trade balance appeared
to stabilize in the vicinity of 1.5 percent of U.S. GDP. In 1997,
at $107 billion, the U.S. trade deficit represented just 1.3 percent
of GDP. However, in the three years from 1997 to 2000, the U.S.
budget surplus rose substantially while the U.S. trade deficit
more than tripled to $375 billion, with its share of GDP rising
from 1.3 percent to 3.8 percent. A number of factors during this
period were consistent with the sharply rising U.S. trade deficit:
The United States provided the market to absorb the bulk of import
increases from countries involved in the Asian financial crisis
and caught in rapid balance-of-payments adjustment processes.
Korea alluded to this point in its remarks on Wednesday. U.S.
economic growth accelerated further to an average annual rate
of 4.1 percent and was more rapid than that of many of its trading
partners, contributing to greater U.S. demand for imports than
foreign demand for U.S. exports. Net capital inflows to the United
States more than doubled to $456 billion, with foreign direct
investment accounting for more than two-thirds of the total increase.
This increase in net capital inflow also is consistent with corresponding
large increases in the current account and trade deficits.
Between 2000 and 2002, under the impact of the U.S. recession
and poor growth conditions in many foreign markets, the trade
deficit changed relatively little, rising from $375 billion to
$418 billion, or from 3.8 percent to 4.0 percent of GDP. With
stronger U.S. economic recovery, however, in 2003, the goods and
services trade deficit rose from $418 billion to an annualized
$506 billion, or 4.6 percent of U.S. GDP. During the sharp increase
in 2003, U.S. imports were rising three times faster than exports
- clear evidence that U.S. demand growth fueled economic expansion
around the globe.
This recounting of the past six years in which the U.S. trade
deficit has risen from $107 billion to $506 billion illustrates
how the trade deficit increases reflect far more than the budget
balance and have supported trade partners balance-of-payments
adjustment requirements and economic growth. Lets also remember,
that any correction of trade and current account imbalances will
likewise be related to many factors other than the budget balance,
many of which are out of the immediate control of the government.
These include changes in relative rates of economic and productivity
growth among countries, relative inflation rates and exchange
rates.
One development having a positive effect on the U.S. external
deficit would be a strengthening of economic growth rates in a
number of other Member countries, especially among the group of
high-income countries where growth has weakened. We believe no
one at the present time would argue instead for policies to weaken
U.S. economic performance in order to address the U.S. trade deficit.
We also believe that further substantial multilateral trade liberalization,
and its consequent domestic structural adjustments, could make
a significant contribution to enhancing global growth - thereby
reducing the recent growth disparities among countries that have
contributed significantly to the increase in U.S. and global trade
imbalances.
Free Trade Agreements
No doubt prompted by the large number and high visibility of
free trade agreements initiated and concluded by the United States
in 2002 and 2003, this was a topic of inquiry by our discussant,
Ambassador Chung, and a concern risen by most delegations on Wednesday.
As all WTO Members except Mongolia currently participate in, or
are actively negotiating preferential trading arrangements, we
understand the concern of other Members is not with our participation
in free trade agreements per se. Rather, Members are seeking assurance
that these regional and bilateral agreements are not viewed by
the United States as a substitute for multilateral liberalization
and that our agreements will be consistent with WTO rules.
The United States does not see FTAs as a substitute for multilateral
liberalization, but rather as a complement to it. We agree with
others that the best way to ensure that FTAs are building blocks
rather than stumbling blocks to multilateral liberalization is
to negotiate agreements that are fully consistent with WTO rules.
For that reason, the United States ensures that negotiations result
in FTAs with coverage of substantially all trade.
While there has been much discussion in the WTO over the years
over the definition of substantially all trade, the
U.S. standard on trade coverage in FTAs is indisputably among
the highest. Moreover, U.S. agreements are fully consistent with
WTO rules, including those on other restrictions of commerce as
well.
The U.S. view is that FTAs can and should accelerate multilateral
trade liberalization. The United States believes the process of
negotiating FTAs can re-orient the fundamental policy stance of
participants towards trade liberalization and strengthen administrative
and trade capacity. FTAs can also serve as laboratories for innovation.
Many of the ideas embodied in the GATT 1947 originated in the
reciprocal trade agreements the United States entered into between
1934 and 1945.
Dispute Settlement
The discussant and a number of delegations expressed interest
in U.S. compliance with rulings by WTO dispute settlement panels.
Since the creation of the WTO, U.S. measures have been found WTO-inconsistent
on a number of occasions. In the large majority of those cases,
the United States has brought its measures into full compliance
with the recommendations and rulings of the Dispute Settlement
Body within the reasonable period of time.
At the same time, we recognize that implementation remains unresolved
in a number of disputes. The U.S. administration remains committed
to pursuing efforts to achieving
resolution in those disputes. And, as we mentioned in our opening
statement on Wednesday, where statutory changes are required to
implement DSB rulings, we will continue to work strenuously with
the U.S. Congress to obtain the necessary legislation.
For example, we note that some Members have asked questions about
the Continued Dumping and Subsidy Offset Act, also known as the
Byrd Amendment. The U.S. Administration proposed repeal
of the Byrd Amendment in its budget proposal for fiscal year 2004.
Legislation to bring the Act into conformity with U.S. WTO obligations
has been introduced in the U.S. Senate. We will continue to work
with the Congress to enact legislation, and we will continue to
confer with the complaining parties in these disputes, in order
to reach a mutually satisfactory resolution of this matter.
Similarly, we will continue to work with Congress to achieve
further progress on other disputes that Members raised in their
statements and questions, such as the Hot-Rolled Steel dispute
and the 1916 Act dispute. Indeed, legislation that would repeal
the 1916 Act is pending before both houses of Congress.
TRADE POLICIES BY MEASURE
Tariffs, Tariff Peaks and Non-Ad Valorem
As I noted earlier, there were many comments regarding the importance
others attach to further liberalization of access to the U.S.
market. My answer is simple: We are ready to negotiate with others
in the DDA. Specifically, questions were raised regarding the
few remaining bound U.S. industrial tariffs that are higher than
our average tariffs, and the issues of tariff escalation and non-ad
valorem rates. The U.S. schedule contains specific rates in some
areas, reflecting historical factors, preferences by industries
who are producing high-value products, product sensitivities and
changing interests of trading partners in our market.
However, looking forward rather than backwards, the 2002 U.S.
NAMA proposal makes clear that we are prepared to eliminate all
our tariffs, on every line of non-agricultural goods, if others
- including developing countries - will undertake a similar degree
of liberalization and ensure that our exporters can gain access
opportunities to new markets. How we accomplish our collective
goals for results in NAMA is a subject for further negotiation.
Our NAMA proposal signaled our readiness to address definitively
the remaining issues of escalation in the U.S. schedule. Tariff
escalation would be totally eliminated under our initial approach.
We remain prepared to address the issue in the negotiations if
others - including developing countries, which also have employed
escalation extensively - do the same. In addition, we have indicated
a general willingness to reduce significantly or eliminate use
of non-ad valorem rates in these negotiations. Again, the degree
to which we are prepared to do so is a subject for negotiations.
I would remind my colleagues that the U.S. proposal for NAMA
was developed in close consultation with Congress and the private
sector, who believe strongly that realizing the market access
opportunities of the DDA will be the litmus test for success for
both developed and developing countries.
Security Measures
i. Container Security, 24-Hour Rule and Customs-Trade Partnership
Many delegations raised concerns regarding the possibility that
recently implemented U.S. security procedures might affect adversely
the free flow of international trade. I can confirm that President
Bush and Secretary Ridge are sensitive to this issue and fully
understand the need to work closely with the international trade
community to ensure this does not happen.
To address more thoroughly your concerns, I would like to take
this opportunity to explain briefly to you how some of the recently
implemented security measures actually work. U.S. Customs and
Border Protection takes a step-by-step approach to the examination
and screening of arriving international cargo. It is fully recognized
that the U.S. economy, as well as the global economy, cannot thrive
without the expeditious movement of international trade. These
initiatives have been designed to identify and carefully screen
high-risk cargo shipments while facilitating the expeditious movement
of legitimate trade. Many of you mentioned the 24-hour rule. To
comply with the 24-hour rule, shipment specific information is
provided electronically to U.S. Customs and Border Protection
24 hours prior to lading on board the importing sea carrier. Although
there was some initial skepticism, this requirement, which has
been in force almost one full year, has been implemented successfully
by the international trade community. The information received
via the 24-hour rule requirement enables the electronic screening
of international cargo destined to the United States during the
time it is in transit to the foreign port of departure or while
it is being prepared for loading on board the vessel which will
transport it to the United States.
Let me point out that the vast majority of cargo, well more than
99 percent of shipments destined to U.S. markets, is determined
to be low risk and is laden expeditiously on board the exporting
vessel without further scrutiny. These determinations are based
upon use of a highly sophisticated, fully automated rules-based
risk assessment system that quickly identifies any potentially
questionable shipments. In the event a shipment is determined
to be somewhat suspicious, the cargo is screened for the presence
of weapons of mass destruction or other implements of terror.
Again, to eliminate any possible delay this all takes place prior
to the container being laden on board the vessel that will transport
it to the United States. The test of time has proven that there
have been no instances where a legitimate shipment has been detained
and prevented from sailing on board the vessel upon which it was
originally scheduled to depart the foreign port.
The Container Security Initiative (CSI) is another initiative
to which a number of delegates referred. Every year some 200 million
sea containers move among the worlds top seaports. In the
United States, nearly 50 percent of the value of all imports arrives
via sea container. In January 2002, U.S. Customs launched the
Container Security Initiative to help prevent the global containerized
cargo system from being exploited by terrorists. CSI involves
the placing of U.S. officers at the worlds busiest seaports
to screen, jointly with the host government Customs Service, cargo
destined for the United States. Now within the Department of Homeland
Security, Customs and Border Protection continues to implement
CSI at major ports around the world. I am pleased to tell you
that many of the countries here already have CSI operational at
your ports of entry or have signed declarations of principles
which will enable U.S. personnel to be assigned to ports to work
jointly with Customs officers to identify and examine, where necessary,
high risk containers. The program is fully reciprocal and all
countries where U.S. officers are assigned are welcome to send
their Customs officers to the United States to work with U.S.
Customs and Border Protection to screen cargo destined for their
countries. So far, both Japan and Canada have stationed Customs
officers in the United States to do so.
While CSI is a great example of government-to-government cooperation,
the Customs Trade Partnership Against Terrorism, abbreviated as
C-TPAT, is an excellent example of industry/government cooperation.
C-TPAT participants, including importers, Customs House Brokers
and freight forwarders, carriers, warehouse proprietors, port
authorities, terminal operators and foreign manufactures complete
a self-assessment of their internal security procedures and agree
to work to improve any identified weaknesses. They also agree
to share their supply chain security procedures with others in
their supply chain. For example, an importer is encouraged to
ensure that the Customs House brokers and freight forwarders to
whom they entrust their shipments share their commitment to ensuring
the security of their shipments. CBP considers the participation
of entities involved in the international trade supply chain in
the C-TPAT program when assessing the risk associated with specific
importations. It should be emphasized that participation in C-TPAT
is strictly voluntary. Interestingly, though, many involved companies
have found that when they examine procedures associated with their
respective international trade supply chain operations for C-TPAT
purposes they identify additional opportunities for savings in
areas such as loss prevention.
The United States has fully engaged in open dialogue on these
and other security measures with third country Customs Services
through the multilateral forum provided by the World Customs Organization.
In addition, U.S. Customs and Border Protection maintains an ongoing,
open dialogue with the international trade community through a
variety of mechanisms, including the Commercial Operations Advisory
Committee, to ensure that potential problems or scenarios, that
might lead to any delays, are quickly identified and addressed.
We are committed to ensuring both the security and facilitation
of the international trade supply chain. We are exceptionally
pleased with the cooperation we have received from other governments,
from the many entities in the importing and exporting communities
and from other international organizations.
ii. bio terrorism Act
The bio terrorism Act serves a legitimate public purpose in helping
protect residents of the United States from the use of the food
supply as means to terrorist attack. Its registration procedures
apply to domestic and foreign facilities alike. Registration requires
little more than provision of name, address, emergency contact
information, product identification and the name of the individual
authorized to submit the registration form to the FDA. This collection
of information may be submitted electronically or by mail. The
U.S. Food and Drug Administration made every effort to minimize
the burden while meeting the requirements of the Act. It consulted
with both domestic and foreign stakeholders, including numerous
foreign embassies in the United States.
Contingency Measures
Ambassador Chung and several Members commented on the U.S. use
of measures available under the WTO Agreements on antidumping,
subsidies and countervailing measures, and safeguards. Several
Members called upon the United States to exercise restraint in
launching investigations that could lead to the imposition of
trade remedies. As a preliminary matter, the United States cannot
predict and has no control over the number of petitions filed
by private parties from year to year. Further, domestic law provides
that investigations should be initiated if the petitions satisfy
statutory requirements. That said, the numbers of antidumping
cases initiated during the years covered by this trade policy
review, 2002 and 2003, were significantly lower than the number
of such cases initiated in 2001. These variations do not represent
any change in policy by the U.S. government, but merely shifts
in the number of adequately supported petitions filed by private
parties with the Department of Commerce and the International
Trade Commission. However, if this recent decrease in filings
reflects a decrease in the use of unfair trade practices, it is
indeed welcome.
The U.S. policy in this area has been consistent for many years:
Trade remedies will be imposed where an objective and transparent
examination of the facts reveals that such a measure is warranted
under the relevant WTO Agreements and U.S. law. In this regard,
a review of the number of U.S. preliminary and final measures
imposed as a result of initiations is useful. The Secretariats
report notes that over the review period, no provisional measures
were taken in almost a quarter of the antidumping cases initiated,
and in over half of final measures were taken. The numbers for
countervailing duty investigations are similar.
Some might argue that these statistics demonstrate that some
cases should not have been initiated, but the complex facts necessary
to establish whether injurious dumping or subsidizations have
taken place are established only during the course of a thorough
investigation. The number of cases in which measures are not imposed
reflects the due process provided to respondents, as well as the
stringent examination of the facts required of the ITA and ITC
before any measures may be imposed. The Agreements recognize antidumping
and countervailing duties as legitimate tools to counter unfair
trade practices. However, we agree that these measures should
not be abused. In this spirit, we intend to maintain the strong
procedural protections for firms involved in U.S. antidumping
and countervailing duty proceedings. We note that some of these
protections go well beyond what is required of us under the Agreements,
and we will work to ensure that U.S. exporters involved in foreign
trade remedy actions are afforded similar protections.
Another key aspect of the U.S. policy with respect to antidumping
and countervailing duty measures is the use of administrative
reviews to ensure that the duties being applied are based on recent
pricing patterns. Several Members have also asked about the Sunset
reviews used by the United States under Article 11.3 of the AD
Agreement and 21.3 of the S.M. Agreement to determine whether,
after five years, a trade remedy measure continues to be necessary
to offset dumping or countervail able subsidization and to prevent
material injury. Such reviews are also subject to stringent procedural
protections, and the Secretariats report notes that during
the review period 38 percent of the measures subject to sunset
review were revoked. The dispute settlement system has not overturned
the results of any sunset review which has been challenged.
I should also like to take this opportunity to correct a misimpression
about WTO challenges of U.S. antidumping and countervailing duty
measures. While some have said that WTO dispute settlement panels
have found most such measures to be WTO-inconsistent, in fact
the vast majority of those measures have never even been challenged.
With respect to safeguards, the United States has applied safeguards
measures in six of its ten safeguards investigations under the
WTO Safeguards Agreement. Only one such measure, on certain steel
products, has been applied since the last trade policy review,
and there have been no investigations initiated during this period.
The United States continues to believe that the Agreement on Safeguards
plays an essential role within the WTO framework and remains committed
to the use of the mechanism in conformity with our domestic legislation
and WTO rules. As noted by the discussant and some Members, the
measures challenged in the WTO have been found inconsistent with
Safeguards Agreement requirements. However, it must be noted that
the dispute settlement body has yet to find any safeguard measure,
by any country, to have been applied consistently with WTO rules.
Some Members have inquired about our use of trade remedies on
textile products. The United States has only four measures on
textile products under the AD, SCM and Safeguards Agreements.
For many exporters these measures impose very low rates of duty,
and other exporters are currently exempt from payment of any duty
at all. The United States has not imposed a new measure on textile
products under the AD, SCM and Safeguards Agreements in over a
decade. The United States cannot predict whether expiration of
the MFA will result in the filing of trade remedy petitions.
Finally, the United States has also been one of the most active
participants in the Rules negotiating group, where we have proposed
for further discussion numerous provisions of the Agreements where
clarification and improvement may be possible in ways which minimize
the opportunity for misuse of trade remedy measures while also
increasing the effectiveness of those remedies. The United States
will continue its active engagement in this area.
SPS Measures
Several questions focused on both general and specific aspects
related to Sanitary and Phytosanitary measures. Clearly, all Members
are increasingly confronted with these complex issues arising
due to disease or health risks associated or believed to be associated
with food and agricultural products traded internationally. The
U.S. Department of Agriculture has substantially increased staffing
and resources to perform and review risk assessments, and thus
in many cases further open market access. Unfortunately, the demand
for this specialized work also continues to increase. In order
to provide a maximum of information and transparency in this process,
for example, the USDA now allows anyone to track on its web site
the requests for pest risk assessments. At the same time, the
United States continues to provide major SPS technical assistance
to a large number of developing countries.
SECTORAL POLICIES
Agriculture
I was struck by one comment made on Wednesday suggesting that
U.S. policy toward agricultural reform in the WTO has been inconsistent.
This is simply not the case. We have been clear from the outset
of the DDA that agricultural reform is to us the lynchpin of the
negotiations. The U.S. negotiating proposal on agriculture calls
for fundamental reform in all three pillars. This proposal reflects
in depth consultations with our Congress and agricultural community.
Last August we were called upon by many Members to work with the
EU to bridge the substantial differences in our positions. The
result was not put before Members as a take it or leave it propositions
but rather as a platform on which to build. While Members raised
concerns with the joint text, it nevetheless stimulated engagement.
I dont dwell on the Cancun experience today - suffice it
to say that the United States has had, and will continue to have,
a high level of ambition for the DDA negotiations on agriculture
on all three pillars as Ambassador Zoellicks letter to his
counterparts made clear.
i. 2002 Farm Act
Many delegations expressed concern that the Farm Security and
Rural Investment Act of 2002 (the 2002 Farm Act) increases federal
transfers to U.S. farmers, which they believe contrasts in approach
with U.S. proposals for substantial reductions in production-distorting
domestic support in the Doha Development Agenda Round (DDA). First,
it is important to note that the United States is on record in
every forum and on every occasion that we will honor our Uruguay
Round commitment on agriculture. The 2002 Farm Act allows us to
meet these commitments, and we will honor all of them. Second,
for the reasons we have explained, the 2002 Farm Act does not
increase support; the USDA net outlays show trade-distorting domestic
support trending downward; and our farm programs are still oriented
toward fewer trade-distorting forms of support. Finally, with
full knowledge and understanding of the potential implications
for U.S. farm policy, U.S. farmers and ranchers have expressed
their willingness to reform further and liberalize by supporting
and developing with the Administration the U.S. agriculture negotiating
proposal.
U.S. Agriculture Notifications to the WTO
A number of delegations have raised concerns that the United
States has been slow to submit agriculture notifications to the
WTO. We accept the criticism with regard to our domestic support
notifications. Our most recent domestic support notification was
for support during marketing year 1999. Let me reassure you that
the United States is currently preparing domestic support notifications
for submission to the WTO Secretariat and will submit them as
soon as possible. We are committed to the timely notification
set out for agriculture support and ask your indulgence as we
attempt to bring our notifications current.
Market Access for Agricultural Products
Some delegations have pointed to the very limited number of U.S.
agricultural products where producers are afforded substantive
tariff-based protection, in particular, the sugar and dairy sectors,
or where we apply non-ad valorem tariffs or tariff escalation.
In general, U.S. agricultural tariffs are low, very low when compared
to most other WTO Members. The average bound U.S. tariff is 12
percent, while the average foreign tariff is 62 percent. Nonetheless,
certain sensitive sectors do receive tariff protection
in excess of the U.S. average. We wish to point out, however,
that we do not shut foreign suppliers out of these sensitive markets.
In these sectors, we provide effective market access opportunity
through tariff rate quotas (TRQs). U.S. administration of agricultural
TRQs is transparent, fair, and seeks to provide the conditions
to permit foreign suppliers maximum access to U.S. TRQs. The United
States has complied with all of its Uruguay Round commitments
regarding TRQs and agricultural market access, and stands ready
to provide additional market access as all WTO Members move to
open their markets upon conclusion of the DDA negotiations. We
also remain committed to the elimination of tariff escalation
and simplification of tariff application, including the elimination
of the Special Agricultural Safeguard.
iv. Country of Origin Labeling
The issue of product labeling is not new to this house. Indeed,
we have all dedicated considerable thought and work over the past
two years in efforts to ensure clarity on the existing rules,
as well as discussing options for additional understandings in
this area. In the broadest sense this includes both direct product
labeling as well as product documentation to assure proper product
designations in the marketplace. Several different questions have
been raised in this regard to pending U.S. Country of Origin Labeling.
At present, only fish and seafood labeling are funded and scheduled
for implementation in 2004 under this program, while additional
reflection is necessary for the other designated products. For
those following the debate in the United States, you are aware
that this is a complicated issue, and the underlying thrust is
how to provide meaningful information to the consumer and the
products respective production, processing and retail segments,
while not allowing the costs to exceed the value-added.
Textiles
We appreciate the comments from Members concerning the quota
phase-out program. We again urge Members not to lose sight of
the fact that the important, watershed event of the completion
of the quota phase-out program required by the Agreement on Textiles
and Clothing (ATC) is 11 months away. Several delegations have
raised questions about the manner in which the United States has
implemented its commitments under the ATC. The main concern appears
to be the hardy perennial of the textile debate in Geneva: Why
has the United States decided to integrate the most sensitive
products on 1 January 2005? The answer is the same, the United
States never viewed integration as the primary way to liberalize
textile restraints. Rather, liberalization was designed to occur
as a result of progressively accelerating quota growth rates at
the beginning of each successive stage of the ATC.
The benefits for exporting countries has been more than impressive.
U.S. textile imports have grown by 122 percent since the start
of the ATC. This increase in imports has led to an intense process
of structural adjustment for the textile and apparel sectors.
Textile employment in 2002, at 557,000 workers, was 25 percent
below the 1994 level. Apparel employment in 2002, at 395,600 workers,
was 56 percent below the 1994 level. Textile and apparel employment
declined 42 percent between 1994 and 2002, for a total job loss
of 697,800. The United States has continually reaffirmed to its
trading partners that we will fully and faithfully implement the
ATC as scheduled, and we are prepared to do so again today. While
we can continue to debate how the ATC has been implemented, with
the end of the ATC less than a year away it would seem wiser to
look forward rather than back.
Several delegations also pointed out that U.S. textile and apparel
tariffs remain high at an average rate of 15 percent. Although
this is high compared to our overall industrial tariff average,
it is low compared to the rates maintained on textile products
by many exporting developing countries. We believe that the ATC
provided for the liberalization of import restraints for all WTO
Members. The barriers our textile exports continue to face is
a severe disappointment for us . This is one of the reasons our
trade imbalance in this sector has become so lopsided. For those
exporting countries that want to reduce U.S. textile tariffs,
the DDA provides another opportunity to harmonize and/or eliminate
textile and apparel tariffs and eliminate non-tariff barriers.
Given the sensitivity of these products for a large number of
WTO Members, progress in this area can only be achieved in the
context of broad participation encompassing key players, both
developed and developing. This could be facilitated by a sectoral
approach.
Financial Services
The United States has received a number of detailed questions
regarding banking, securities and insurance. We have answered
many and intend to quickly respond on the remaining ones. In regard
to questions on the number of foreign banks licensed in the United
States, over 70 foreign bank applications have been approved by
the Federal Reserve since April 1, 2001. We understand that those
banks also obtained any necessary additional licenses at the federal
or state level. Lets be clear: the United States is very
open to foreign participation in the U.S. banking sector. In fact,
foreign banks hold approximately 18 percent of all U.S. banking
assets.
In connection with the securities sector, delegations requested
information on U.S. corporate governance issues, specifically
regarding implementation of the Sarbanes-Oxley Act. The Securities
and Exchange Commission has reached out aggressively to foreign
regulators and market participants to understand more fully how
the requirements of the Act relate to local law or local stock
exchange requirements. Where appropriate, the SEC has made accommodations
for foreign market participants, including for audit committee
requirements and internal controls reporting.
Regarding comments on U.S. state level regimes, the United States
already provides quite good access through its current GATS commitments.
That said, in some areas, the U.S. states have liberalized further,
as evidenced in our initial GATS offer on services. The United
States will continue its active outreach to the U.S. states for
the purpose of the GATS negotiations.
The United States was questioned about a specific aspect of the
U.S offer on financial services. We have put on the table the
possibility of enabling mutual funds in the United States to obtain
investment advice and portfolio management services from financial
services suppliers located outside the United States. U.S. willingness
to pursue this issue will depend on whether other countries also
are interested in binding such access.
5. CONCLUSION
Madame Chair, I would like to thank you for your hard work and
good humor in chairing this meeting. I would also like to repeat
my thanks to Ambassador Chung for his valuable contribution as
discussant and to the Secretariat for their excellent work in
preparing for this meeting. Last, but not least, I would like
to thank all the Members who have participated in this review
for making it an interesting and rewarding experience. We have
taken careful note of all the points that were made during the
course of the review and we will reflect further upon them as
we look to the future.
As each Trade Policy Review tends to demonstrate, there is a
lot more work to be done if we are to achieve the objectives that
we set out for ourselves in creating first the GATT and then the
WTO. Such a reminder is particularly timely at this time, since
the DDA presents a once in a generation opportunity to make a
significant advance towards those goals, with enormous potential
benefits in terms of economic growth and development. The United
States is fully committed to working with our fellow Members to
seize this opportunity.