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Washington Trade Daily
Volume 17, Number 200 Monday, October 6, 2008
_______________________________Trade Reports International Group___________________________
A Legislative Wrap Up
As one of its final actions during the current Congress, the House adopted legislation (HR 7222) Friday extending the expiring Andean trade preferences and Generalized System of Preferences programs – accepting a Senate amendment that potentially limits Andean benefits for Bolivia and Ecuador to six months (WTD, 10/3/08).
The legislation continues Andean benefits for Colombia and Peru through December 31, 2009, but limits benefits for Bolivia to six months and requires a review after six months of whether Ecuador should stay in the program. Ecuador would get another six months benefits if it is found by the Administration to be complying with Andean program requirements.
The White House has already said it may suspend Bolivia from the program because that country is not assisting in the battle against drug trafficking. Ecuador’s continued participation is tangled up with some long-standing disputes with US investors.
“I am glad we found a way to come together to extend these vital trade benefits before they expired,” House Ways and Means Committee chairman Charles Rangel (D-NY) said. “Everyone recognized that we should not let these programs languish and the final result is an affirmation of our commitment to our developing country trading partners and the important role that rules-based trade can play in fostering development.”
The bill also renews the GSP program for another year, allows least developed African countries to continue using third-country fabric under the African Growth and Opportunity Act and creates a new import credit program aimed at benefitting US and Dominican Republic textile and apparel producers.
The Bush Administration praised Congress for getting the legislation to the President for his signature.
But US Trade Representative Susan Schwab pressed Congress to approve pending bilateral free trade agreements with Colombia, Panama and South Korea (WTD, 9/29/08).
Colombia FTA
Action on those trade pacts is not likely this year, although supporters continue to hold out hope for approval in a post-election “lame duck” session. Senate Majority Leader Harry Reid (D-Nev) does intend to bring the Senate back into session the week of November 17 – but the only item on his agenda is a package encompassing several land bills. House Democratic leaders said they do not expect to return to legislative session after the election unless the troubled US economic situation requires further action.
Fiscal conservative Sen. Tom Coburn (R-Oka) has prevented the Senate from approving reauthorization legislation (HR 2798) for the Overseas Private Investment Corporation (WTD, 9/29/08). A short-term extension was approved as part of the continuing resolution (HR 2638). In a statement, the senator said his opposition to the OPIC bill hinges on two issues – he wants to prohibit OPIC from assisting large corporations and he wants language on climate change mitigation dropped from the legislation. The senator complained that supporters of the OPIC reauthorization bill never attempted to negotiate with him on his objections, although he said he was able to work out some improvements with the White House.
House Democrats criticized Senate Republicans on Friday for stalling action on Iran sanctions legislation (HR 7112) (WTD, 9/29/08). The House-passed legislation would codify and expand export bans on goods to and from Iran, sanction US parent companies that use foreign subsidiaries to sell banned goods to Iran and authorize state and local governments to divest from any company that invests $20 million or more in Iran’s energy sector (WTD, 9/29/09) . “It is shameful that Senate Republicans stood in the way of this measure – because America ought to be using its full economic strength to curb Iran’s destructive ambitions,” House Democratic Leader Steny Hoyer (Md) said.
Senate Leader Reid attempted to bring the House-passed bill to the Senate floor last Thursday, but was blocked by Republicans.
Following is an update of major trade legislation pending in the 110st Congress –
Legislation
House
Senate
Final
Agriculture. Legislation (PL 110-246) extending US farm programs (WTD, 10/1/08).
Overrode veto June 18, 2008.
Overrode veto June 18, 2008.
Became public law June 18, 2008.
Andean Trade Preference Act. Legislation (HR 7222) to extend the Andean Trade Preference Act program (WTD, 7/16/08).
Passed October 3, 2008
Passed October 2, 2008
Awaiting Presidential signature
CBI. Legislation (PL 110-246) extending the Caribbean Basin Initiative Trade Preference program (WTD, 5/14/08).
Overrode veto June 18, 2008.
Overrode veto June 18, 2008.
Became public law June 18, 2008.
China Currency. Legislation (HR 321, HR 782, HR 1002, HR 2942, S 1607, S 1677, S2813) addressing China’s manipulation of its currency (WTD, 8/20/08).
Introduced January 9, January 31, February 14 and June 28, 2007.
Finance Committee approved S 1607 July 26, 2007; Banking Committee approved S 1617 August 1, 2007.
China PNTR. Legislation (HR 1968, HR 5777, S 571) to revoke China’s permanent normal trade relations status.
Introduced
April 19, 2007; April 10, 2008.
Introduced February 13, 2007.
Cuba Agriculture. Legislation to ease Administration restrictions on the sale of US agricultural products to Cuba (WTD, 6/27/08).
Passed Appropriations Committee June 25, 2008.
Cuba Sanctions. Legislation (HR 217, HR 624) to lift the US trade embargo against Cuba (WTD, 3/11/08).
Defeated July 27, 2007.
Customs Reauthorization. Legislation to reauthorize US Customs and Border Protection (WTD, 9/23/08).
Finance Committee hearing held March 13, 2008.
Export Administration Act. Legislation (HR 4246, HR 6828, S 2000) to rewrite US export control regulations (WTD, 9/24/08).
Introduced November 15, 2007 and August 1, 2008.
Introduced August 3, 2008.
Foreign Investment. Legislation (PL 480-49) reforming the Committee on Foreign Investment in the United States (WTD, 7/11/07).
Passed July 10, 2007.
Passed June 29, 2007.
Signed into law July 26, 2007
Foreign Investment. Legislation (S 740) to establish a Commerce undersecretary for US direct investment.
Introduced March 1, 2007.
GSP. Legislation (HR 7222) to renew the US Generalized System of Preferences program.
Passed October 3, 2008.
Passed October 2, 2008.
Awaiting Presidential signature
Iran Sanctions. Legislation (HR 957, HR 1400, HR 2347, HR 2880, HR 3390, HR 7112, S 527, S 970, S 1430, S 3445) to amend the Iran Sanctions Act (WTD, 7/31/08).
Passed HR 957 and HR 2347 July 31, 2007; passed HR1400 September 25, 2007; passed HR 7112 September 26, 2008.
Approved by Finance Committee June 18, 2008; approved by Banking Committee August 1, 2008.
IPR. Legislation (S 3325) to improve international intellectual property rights protection (WTD, 5/23/08).
Passed
September 28, 2008.
Passed September 26, 2008.
Awaiting Presidential signature.
LDC Trade Relief. Legislation (HR 3905, S 652) to provide trade benefits for least developed countries (WTD, 10/8/07).
Introduced October 18, 2007.
Introduced February 15, 2007.
NMEs. Legislation (HR 708, HR 1229, S 364, S 947, S 1919) to apply countervailing duties to nonmarket economies (WTD, 8/2/07).
Introduced January 29 and February 28, 2007.
Introduced January 23, March 22 and August 1, 2007.
OPIC Reauthorization. Legislation (PL 110-329) reauthorizing the Overseas Private Investment Corporation.
Passed September 27, 2007.
Passed September 27, 2008.
Signed into law September 30, 2008.
Russia PNTR. Legislation to grant Russia permanent normal trade relations (WTD, 12/5/06).
Syria Sanctions. Legislation (HR 2332) to strengthen US sanctions against Syria (WTD, 10/24/07).
Introduced
May 15, 2007.
Trade Adjustment Assistance. Legislation (PL 110-329) renewing Trade Adjustment Assistance programs.
Passed September 27, 2007.
Passed September 27, 2008.
Signed into law September 30, 2008.
Trade Enforcement. Legislation (HR 169, HR 1278, HR 6530, S 445, S 460, S 1919, S2611) to strengthen US trade enforcement programs (WTD, 5/23/08).
Introduced January 4 and March 1, 2007 and July 17, 2008.
Finance Committee hearing held May 22, 2008.
Trade Policy. Legislation (HR 6180, S 3083) to mandate a review of existing trade agreements (WTD, 6/5/08)
Introduced June 3, 2008.
Introduced June 3, 2008.
Trade Promotion Authority. Legislation (HR 3684) to renew Presidential Trade Promotion Authority (WTD, 7/17/08).
Introduced September 27, 2007.
Trade Remedy Laws. Legislation (HR 708, S 364) to reform US trade remedy laws (WTD, 2/2/07).
Introduced January 29, 2007.
Introduced January 23, 2007.
US-Colombia FTA. Legislation (HR 5724, S 2830) to implement the US-Colombia free trade agreement.
Introduced
April 8, 2008.
Introduced April 8, 2008.
US-Korea FTA. Legislation to implement the Korea-US free trade agreement (WTD, 9/25/08).
US-Panama FTA. Legislation to implement the US-Panama free trade agreement (WTD, 9/26/08).
US-Peru FTA. Legislation (PL 110-138) to implement the US-Peru free trade agreement (WTD, 12/20/07).
Passed November 8, 2007.
Passed December 4, 2007.
Signed into law December 14, 2007.
Mr. Mandelson’s Successor
Geneva – The surprise resignation of European Commissioner for Trade Peter Mandelson late last week has further reduced chances of wrapping-up modalities in the Doha Development Agenda agriculture and market-access for industrial goods by the end of this year, several trade envoys told WTD.
Mr. Mandelson led the EU in the Doha Development Agenda negotiations over the last four years. He will join British Prime Minister Gordon Brown as business secretary.
Replacing Mr. Mandelson is Catherine Margaret Ashton – not known for having much of an expertise in international trade matters, one trade envoy commented to WTD. Ms. Ashton – Baroness Ashton of Upholland – is an economist by training and was a Labor Party leader in the UK House of Lords.
The new minister was previously Parliamentary Undersecretary of State in the Department for Education and Skills, Parliamentary Undersecretary in the Department for Constitutional Affairs and Parliamentary Undersecretary of State at the Ministry of Justice.
Last June Baroness Ashton became Leader of the House of Lords and Lord President of the Council. In 2008, she was responsible for the successful passage of the Lisbon Treaty in the House of Lords.
“Whatever may be the public perception of Mandelson, it has to be acknowledged that he played a vital role in forcing key members – including the United States and India – to reach an agreement on modalities at the failed mini-ministerial meeting,” the envoy added.
“With Mandelson’s departure from Brussels, there is no chance that there will be any deal on modalities this year,” the envoy added.
After the collapse of the plagued Doha negotiations in Potsdam last year and prior to the latest failure at the July mini-ministerial meeting, Mr. Mandelson forged a strong understanding with Brazilian foreign minister Celso Amorim by conceding several demands in agriculture (WTD, 10/3/08). But the two trade leaders – in conjunction with World Trade Organization Director General Pascal Lamy – had little success in convincing developing countries like India, Argentina, and South Africa to compromise.
European Commission Vice President Margot Wallström expressed similar sentiments during a brief visit to Washington on Friday. She suggested to WTD that the outcome of the Doha round will likely have to await a new US President.
Speaking at the Washington offices of the Aspen Institute, Ms. Wallström said her chief advice to the incoming President – whomever it might be – would be to curb the growing protectionist sentiment. Brussels expects from any new President is commitment to free trade and to work within his own country and on a multilateral basis against protectionism.
The Vice President also noted Europeans seem to be mirroring the US public attitude against globalization.
Around the Globe
Secretary of State Condoleezza Rice arrived in the Indian capital Saturday to commemorate, but not sign, a historic deal that opens up US nuclear trade with the country, the Wall Street Journal reported (WTD, 10/2/08). A signing ceremony that had been scheduled was dropped because, according to US officials, a series of administrative steps have yet to be taken in Washington following Senate approval of authorizing legislation on Wednesday.
Ms. Rice was meeting in New Delhi with top government officials, including Prime Minister Manmohan Singh, External Affairs Minister Pranab Mukherjee and political opposition leaders. Speaking to reporters aboard her plane en route from Washington, Ms. Rice said she expects the civil nuclear cooperation agreement will trigger an across-the-board expansion of American-Indian relations. Ms. Rice said only administrative, not substantive, matters were delaying the signing of the agreement.
President George W. Bush has yet to sign the authorizing legislation, and once he does he is required to certify that the agreement with India is consistent with US obligations under the Nuclear Non-Proliferation Treaty, designed to limit the spread of nuclear weapons. He must also certify that it is US policy to cooperate with international efforts to further restrict transfers of technology related to uranium enrichment and the reprocessing of spent nuclear fuel. The agreement on civil nuclear cooperation allows American businesses to begin selling nuclear fuel, technology and reactors to India in exchange for safeguards and U.N. inspections at India's civilian, but not military, nuclear plants.
Even without a signing ceremony during her visit, Ms. Rice said, “I'm going to draw a line under this” deal “one way or another because it's time to put the historic agreement – to say that that's done and move on to what else we can do” to strengthen and broaden the relationship.
—  —
On the Web......
Africa
SACU. World Trade Organization report on the Southern African Customs Union. (available at: http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/REG/231-2.doc ) issued: 10/3/08.
Textiles. House Ways and Means Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://waysandmeans.house.gov ) issued: 10/3/08.
Textiles. House debate in legislation extending the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available in the Congressional Record of October 3http://waysandmeans.house.gov ) issued: 10/3/08.
Campaign 2008
Trade Positions. Public Citizen guide to candidates’ positions on trade. (available at: http://www.citizenstrade.org/voterguide.php ) issued: 10/08.
China
Food Safety. Statement by Rep. Stupak on unsafe milk from China. (available at: http://energycommerce.house.gov/Press_110/110nr361.shtml ) issued: 10/2/08.
Colombia
Labor. AFL-CIO letter to Colombia President Uribe on the condition of sugar workers. (available at: http://www.aflcio.org ) issued: 9/30/08.
Labor. Teamsters Union statement on the condition of sugar workers in Colombia. (available at: http://www.teamster.org ) issued: 10/3/08.
Developing Countries
GSP, ATPA. House debate in legislation extending the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available in the Congressional Record of October 3http://waysandmeans.house.gov ) issued: 10/3/08.
GSP, ATPA. US Trade Representative’s office statement on the Generalized System of Preferences and the Andean Trade Preferences Act. (available at: http://www.ustr.gov/assets/Document_Library/Press_Releases/2008/October/asset_upload_file556_15164.pdf ) issued: 10/3/08.
GSP. Coalition for GSP statement on the US Generalizes System of Preferences program. (available at: http://www.tradepartnership.com/site/coalition_gsp.html ) issued: 10/3/08.
GSP, ATPA. House Ways and Means Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://waysandmeans.house.gov ) issued: 10/3/08.
GSP, ATPA. Senate Finance Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://finance.senate.gov ) issued: 10/3/08.
GSP, ATPA. National Association of Manufacturers statement on the US Generalized System of Preferences program. (available at: http://www.nam.org ) issued: 10/3/08.
GSP, ATPA. US Chamber of Commerce statement on the US Generalizes System of Preferences program. (available at: http://www.uschamber.com ) issued: 10/3/08.
GSP, ATPA. American Apparel and Footwear Association statement on the US Generalizes System of Preferences program. (available at: http://www.apparelandfootwear.org ) issued:
Energy
India. Statement by Rep. Van Hollen on the US-India nuclear agreement. (available in the Congressional Record of October 2 )
India. Statement by Sen. Casey on the US-India nuclear agreement. (available in the Congressional Record of October 2 )
India. State Department announcement of procedures under the US-India nuclear agreement. (available at: http://www.state.gov/r/pa/prs/ps/2008/oct/110621.htm ) issued: 10/3/08.
European Union
Financial Crisis. European Union statement on the financial crisis. (available at: http://www.ue2008.fr/PFUE/lang/en/accueil/PFUE-10_2008/PFUE-04.10.2008/sommet_crise_financiere_internationale ) issued: 10/3/08.
Export Controls
EAR. Commerce Department announcement of violation of the export administration regulations. (available at: http://www.bis.doc.gov/news/2008/bis_press10032008.htm ) issued: 10/3/08.
Encryption. Commerce Department interim final rule on encryption reforms. (available at: http://www.ue2008.fr/PFUE/lang/en/accueil/PFUE-10_2008/PFUE-04.10.2008/sommet_crise_financiere_internationale ) issued: 10/3/08.
Enforcement. Remarks by Assistant Secretary of Commerce for Enforcement Darryl W. Jackson to the annual Commerce Department export controls update. (available at: http://www.bis.doc.gov/pdf/update_2008_jackson_speech.pdf ) issued: 10/1/08.
ICT. Commerce Department interim final rule on inter-company transfers. (available at: http://edocket.access.gpo.gov/2008/E8-23506.htm ) issued: 10/3/08.
Iran. Statement by Rep. Berman on Iran sanctions. issued: 10/3/08.
Iran. Statement by Rep. Hoyer on Iran sanctions. issued: 10/3/08.
Reforms. National Association of Manufacturers statement on export control reforms. (available at: http://www.nam.org ) issued: 10/3/08.
Food and Beverages
China. Statement by Rep. Stupak on unsafe milk from China. (available at: http://energycommerce.house.gov/Press_110/110nr361.shtml ) issued: 10/2/08.
Health and Safety
China. Statement by Rep. Stupak on unsafe milk from China. (available at: http://energycommerce.house.gov/Press_110/110nr361.shtml ) issued: 10/2/08.
Imports
GSP, ATPA. US Trade Representative’s office statement on the Generalized System of Preferences and the Andean Trade Preferences Act. (available at: http://www.ustr.gov/assets/Document_Library/Press_Releases/2008/October/asset_upload_file556_15164.pdf ) issued: 10/3/08.
GSP, ATPA. House debate in legislation extending the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available in the Congressional Record of October 3http://waysandmeans.house.gov ) issued: 10/3/08.
GSP. Coalition for GSP statement on the US Generalized System of Preferences program. (available at: http://www.tradepartnership.com/site/coalition_gsp.html ) issued: 10/3/08.
GSP, ATPA. Senate Finance Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://finance.senate.gov ) issued: 10/3/08.
GSP, ATPA. US Chamber of Commerce statement on the US Generalizes System of Preferences program. (available at: http://www.uschamber.com ) issued: 10/3/08.
GSP, ATPA. House Ways and Means Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://waysandmeans.house.gov ) issued: 10/3/08.
GSP, ATPA. American Apparel and Footwear Association statement on the US Generalizes System of Preferences program. (available at: http://www.apparelandfootwear.org ) issued: 10/3/08
India
Energy. State Department announcement of procedures under the US-India nuclear agreement. (available at: http://www.state.gov/r/pa/prs/ps/2008/oct/110621.htm ) issued: 10/3/08.
Energy. Statement by Rep. Van Hollen on the US-India nuclear agreement. (available in the Congressional Record of October 2 )
Energy. Statement by Sen. Casey on the US-India nuclear agreement. (available in the Congressional Record of October 2 )
Iran
Sanctions. Statement by Rep. Hoyer on Iran sanctions. issued: 10/3/08.
Sanctions. Statement by Rep. Berman on Iran sanctions. issued: 10/3/08.
Labor
Colombia. AFL-CIO letter to Colombia President Uribe on the condition of sugar workers. (available at: http://www.aflcio.org ) issued: 9/30/08.
Colombia. Teamsters Union statement on the condition of sugar workers in Colombia. (available at: http://www.teamster.org ) issued: 10/3/08.
Latin America
ATPA. Senate debate on the Andean Trade Preference Act. (available in the Congressional Record of October 2 )
ATPA. Senate Finance Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://finance.senate.gov ) issued: 10/3/08.
ATPA. US Trade Representative’s office statement on the Generalized System of Preferences and the Andean Trade Preferences Act. (available at: http://www.ustr.gov/assets/Document_Library/Press_Releases/2008/October/asset_upload_file556_15164.pdf ) issued: 10/3/08.
ATPA. National Association of Manufacturers statement on the US Generalizes System of Preferences program. (available at: http://www.nam.org ) issued: 10/3/08.
ATPA. Statement by Rep. Engel on the Andean Trade Preference Act. issued: 10/3/08.
ATPA. US Chamber of Commerce statement on the US Generalizes System of Preferences program. (available at: http://www.uschamber.com ) issued: 10/3/08.
ATPA. American Apparel and Footwear Association statement on the US Generalizes System of Preferences program. (available at: http://www.apparelandfootwear.org ) issued: 10/3/08
Textiles
AGOA. House debate in legislation extending the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available in the Congressional Record of October 3http://waysandmeans.house.gov ) issued: 10/3/08.
AGOA. House Ways and Means Committee statement on extension of the Generalized System of Preferences and the Andean Trade Practices Act and the AGOA textile provisions. (available at: http://waysandmeans.house.gov ) issued: 10/3/08.
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