NikkiD
11-27-2004, 04:35 PM
GENEVA (AP) - The World Trade Organization has authorized punitive sanctions against U.S. exports ranging from lobsters to crane trucks because Washington has failed to repeal the so-called Byrd amendment.
"It's been approved," Amina Mohamed, Kenyan ambassador to the WTO and head of the organization's dispute settlement body, said Friday.
Canada, the European Union and others were granted final WTO authorization to retaliate by imposing duties against American products. Among the potential targets are cod, cigarettes, textiles, glassware, mobile homes, apples and lentils.
The American law, formally known as the Continued Dumping and Subsidy Offset Act of 2000, was ruled illegal two years ago by the 148-country WTO, which referees global commerce.
That followed complaints by WTO members including Canada, the EU, Brazil, Mexico, South Korea, Japan, India and Chile.
The legislation, nicknamed for its congressional sponsor, West Virginia Senator Robert Byrd, gives American companies the proceeds of anti-dumping duties levied against foreign goods that those companies complain are sold in America at unfairly low prices.
The WTO found that the measure breaks trade laws by punishing exporters to the United States twice - because they are first fined and then those fines are given to their competitors.
"The United States cannot point to any progress for the repeal of the Byrd amendment," even though Washington "has received ample time to bring itself into compliance," said Canadian trade official Rambod Behboodi.
Canada's International Trade Minister, Jim Peterson, said this week that Ottawa is "launching consultations with Canadians" on the form retaliation should take.
However, U.S. trade official Steven Fabry told Friday's WTO meeting that America intends to comply with the WTO decision and "we do not believe that it will be necessary" to apply sanctions.
A spokeswoman for the U.S. mission in Geneva said the United States plans to obey the ruling in a way that protects American jobs.
Distributions to American companies under the Byrd amendment amounted to $240 million US last year, primarily to makers of steel, ball bearings and household items.
Canada has outlined two retaliatory options: tariffs against "certain imports" from the U.S., and easier imposition of anti-dumping and countervailing duties against American goods.
The EU has made clear that it intends to act against American goods from influential parts of the United States that "could help Congress focus its mind on compliance."
Among those products are heavy machinery made by companies like Caterpillar Inc., based in Illinois, the home state of U.S. House Speaker Dennis Hastert.
Other EU targets could include makers of pasta and candles.
Japan, meanwhile, "cannot overlook this disregard by United States of its obligations under the WTO," said Japanese trade diplomat Keiichi Higuchi.
Source (http://money.canoe.ca/News/Other/2004/11/26/732709-ap.html)
Interesting. On one hand, I can see how American companies could be upset that foreign competitors are selling their product inexpensively in the States and driving down their profits. On the other, is it not the company's responsibility to become more competitive in the market, not the government's responsibility to step in?
My other question is, what happens to the millions, possibly billions of dollars that have been collected by the US illegally in fines over the past two years, since the WTO stated that the law was illegal? The sanctions have not been allowed so that international companies can recoup their losses in fines, but as a retaliation measure until the US complies with the WTO's ruling.
"It's been approved," Amina Mohamed, Kenyan ambassador to the WTO and head of the organization's dispute settlement body, said Friday.
Canada, the European Union and others were granted final WTO authorization to retaliate by imposing duties against American products. Among the potential targets are cod, cigarettes, textiles, glassware, mobile homes, apples and lentils.
The American law, formally known as the Continued Dumping and Subsidy Offset Act of 2000, was ruled illegal two years ago by the 148-country WTO, which referees global commerce.
That followed complaints by WTO members including Canada, the EU, Brazil, Mexico, South Korea, Japan, India and Chile.
The legislation, nicknamed for its congressional sponsor, West Virginia Senator Robert Byrd, gives American companies the proceeds of anti-dumping duties levied against foreign goods that those companies complain are sold in America at unfairly low prices.
The WTO found that the measure breaks trade laws by punishing exporters to the United States twice - because they are first fined and then those fines are given to their competitors.
"The United States cannot point to any progress for the repeal of the Byrd amendment," even though Washington "has received ample time to bring itself into compliance," said Canadian trade official Rambod Behboodi.
Canada's International Trade Minister, Jim Peterson, said this week that Ottawa is "launching consultations with Canadians" on the form retaliation should take.
However, U.S. trade official Steven Fabry told Friday's WTO meeting that America intends to comply with the WTO decision and "we do not believe that it will be necessary" to apply sanctions.
A spokeswoman for the U.S. mission in Geneva said the United States plans to obey the ruling in a way that protects American jobs.
Distributions to American companies under the Byrd amendment amounted to $240 million US last year, primarily to makers of steel, ball bearings and household items.
Canada has outlined two retaliatory options: tariffs against "certain imports" from the U.S., and easier imposition of anti-dumping and countervailing duties against American goods.
The EU has made clear that it intends to act against American goods from influential parts of the United States that "could help Congress focus its mind on compliance."
Among those products are heavy machinery made by companies like Caterpillar Inc., based in Illinois, the home state of U.S. House Speaker Dennis Hastert.
Other EU targets could include makers of pasta and candles.
Japan, meanwhile, "cannot overlook this disregard by United States of its obligations under the WTO," said Japanese trade diplomat Keiichi Higuchi.
Source (http://money.canoe.ca/News/Other/2004/11/26/732709-ap.html)
Interesting. On one hand, I can see how American companies could be upset that foreign competitors are selling their product inexpensively in the States and driving down their profits. On the other, is it not the company's responsibility to become more competitive in the market, not the government's responsibility to step in?
My other question is, what happens to the millions, possibly billions of dollars that have been collected by the US illegally in fines over the past two years, since the WTO stated that the law was illegal? The sanctions have not been allowed so that international companies can recoup their losses in fines, but as a retaliation measure until the US complies with the WTO's ruling.