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World Trade Organization |
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WT/TPR/S/126 17 December 2003 | |
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(03-6599) |
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Trade Policy Review Body |
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TRADE POLICY REVIEW UNITED STATES Report by the Secretariat |
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This report, prepared for the seventh Trade Policy Review of the United States, has been drawn up by the WTO Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from the Government of the United States on its trade policies and practices. Any technical questions arising from this report may be addressed to Mr. R. Valdés (tel. 022 739 5346), Mr. A. Silvy (tel. 022 739 5249) and Ms. C. Hennis-Pierre (tel. 022 739 5640). Document WT/TPR/G/126 contains the policy statement submitted by the Government of the United States. |
Note: This report is subject to restricted circulation and press embargo until the end of the meeting of the Trade Policy Review Body on the United States.
CONTENTS
Page
SUMMARY OBSERVATIONS vii
(1) Economic Developments vii
(2) Policy Developments viii
(3) Market Access in Goods viii
(i) Tariffs viii
(ii) Contingency measures ix
(iii) Other import measures ix
(4) Export Measures x
(5) Other Policies Affecting Trade xi
(6) Access Conditions in Services xi
I. Recent Economic Developments 1
(1) Introduction 1
(2) Output, Employment and Prices 1
(3) Monetary and Exchange Rate Policies 4
(4) Fiscal Policy 5
(5) Balance of Payments 7
(i) Merchandise trade 10
(ii) Trade in services 10
(iii) Foreign direct investment 12
(6) Outlook 14
II. developments in trade and investment policy 15
(1) Introduction 15
(2) Institutional and Policy Framework 16
(i) Institutions and recent changes 16
(ii) Main legislative developments 17
(iii) Policy objectives 18
(3) Participation in the WTO 19
(4) Preferential and Other Arrangements 20
(i) Introduction 20
(ii) North American Free Trade Agreement 21
(iii) Other free-trade agreements in force as of June 2003 23
(iv) Other free-trade agreements 24
(v) Unilateral preferences 25
(vi) Other trade-related arrangements 27
(5) Foreign Investment Regime 27
(i) Reporting and review requirements 27
(ii) National treatment and sectoral restrictions 29
(iii) International investment arrangements 30
Page
III. trade policies and practices by measure 32
(1) Introduction 32
(2) Measures Directly Affecting Imports 33
(i) Customs procedures 33
(ii) Rules of origin 38
(iii) Tariffs 39
(iv) Customs fees and other charges affecting imports 46
(v) Anti-dumping, countervailing, and safeguards actions 47
(vi) Quantitative restrictions and controls 59
(vii) Technical regulations and sanitary and phytosanitary measures 60
(3) Measures Directly Affecting Exports 68
(i) Export finance, insurance and guarantees 68
(ii) Other export assistance 70
(iii) Section 301 and related actions 72
(iv) Export restrictions and controls 73
(4) Other Measures Affecting Production and Trade 75
(i) Competition policies 75
(ii) Government subsidies and other assistance 80
(iii) Government procurement 83
(iv) State trading 89
(v) Intellectual property rights 90
IV. trade policies by sector 100
(1) Introduction 100
(2) Agriculture 101
(i) Introduction 101
(ii) Border protection: tariff quotas and safeguards 103
(iii) Domestic support 106
(iv) Export assistance 110
(v) Food aid 112
(vi) State-trading activities 113
(3) Manufacturing 114
(i) Overview 114
(ii) Steel 115
(iii) Textiles and clothing 119
(4) Maritime Transport 125
(5) Air Transport Services 132
(i) Introduction 132
(ii) Regulatory framework 133
(iii) International agreements 136
(6) Telecommunication Services 138
(i) Market structure and developments 138
(ii) Regulation 138
(iii) Market access 140
(iv) Pricing issues 142
(v) Standards 143
(7) Audiovisual Services 143
Page
(8) Financial Services 145
(i) Recent market developments 145
(ii) Legislative and regulatory framework 147
(9) Selected Professional Services 156
(i) Accounting services 157
(ii) Legal services 159
(iii) Architectural and engineering services 161
REFERENCES 163
APPENDIX TABLES 169
CHARTS
I. RECENT ECONOMIC DEVELOPMENTS
I.1 Fiscal accounts, 1991-03 6
I.2 Current account of the balance of payments, 1991-03 9
III. TRADE POLICIES AND PRACTICES BY MEASURE
III.1 Anti-dumping duty orders in effect, 30 June 2003 51
IV. TRADE POLICIES BY SECTOR
IV.1 Direct government payments, 1990-03 102
IV.2 Domestic support payments, 1995-03 107
TABLES
I. RECENT ECONOMIC DEVELOPMENTS
I.1 Selected macroeconomic indicators, 1998-03 2
I.2 Selected monetary and exchange rate indicators, 1998-03 4
I.3 Selected fiscal indicators, 1996-03 5
I.4 Current and capital accounts, 1998-03 8
I.5 Cross-border trade in services, 1998-02 11
I.6 Major indicators of U.S. direct investment abroad and foreign direct investment in the
United States, by selected country and sector 13
I.7 U.S. economic projections for 2003-13 14
II. DEVELOPMENTS IN TRADE AND INVESTMENT POLICY
II.1 Bilateral investment agreements, June 2003 31
III. TRADE POLICIES AND PRACTICES BY MEASURE
III.1 Structure of applied MFN tariffs in the United States, 1996-02 40
III.2 Tariffs according to U.S. preferential agreements, 2002 43
III.3 CDSOA disbursements from the Special Account 48
III.4 Anti-dumping investigations, 1980-02 50
III.5 Countervailing duty investigations, 1980-02 52
III.6 Suspension agreements in effect on 31 December 2002 53
III.7 Anti-dumping and countervailing duty administrative reviews completed, 1980-02 54
III.8 Five-year sunset review status, as of July 2003 55
III.9 Ex-Im bank loan, guarantee, and insurance activities, 1996-04 70
III.10 Antitrust statistics and case results 1993-02 (fiscal years) 78
III.11 Summary of mergers reported and actions taken (fiscal years 1992-02) 79
Page
III.12 Royalties and licence fees, 1995-02 91
III.13 Summary of patent examining activities, FY 1995-02 (as of 30 September of each fiscal year) 92
III.14 U.S. patent applications by non-U.S. residents, and patents issued, ten main countries,
FY 1999-02 92
III.15 Summary of trade mark examining activities, 1997-02 95
IV. TRADE POLICIES BY SECTOR
IV.1 Producer support estimates, 1995-02 103
IV.2 Products covered by tariff quotas, 2002 104
IV.3 Market prices versus target prices under the FSRIA, 1999-07 109
IV.4 Main indicators of the manufacturing sector, 1990-02 114
IV.5 Main indicators of the U.S. steel industry, 1997-02 116
IV.6 U.S Imports of steel by country, volume and value, 1999-02 116
IV.7 U.S. T&C imports from selected country groups 120
IV.8 Imports of textiles and clothing, 1996-02 120
IV.9 Water transport main indicators, 1990-02 126
IV.10 Trade in financial services, 1998-02 146
APPENDIX TABLES
I. RECENT ECONOMIC DEVELOPMENTS
AI.1 U.S. exports and re-exports (f.o.b.) by trading partner, 1995-02 171
AI.2 U.S. imports (c.i.f.) by trading partner, 1995-02 172
AI.3 U.S. exports and re-exports (f.o.b.) by commodity, 1995-02 173
AI.4 U.S. imports (c.i.f.) by commodity, 1995-02 174
II. DEVELOPMENTS IN TRADE AND INVESTMENT POLICY
AII.1 Notifications under WTO Agreements, July 2001 to August 2003 175
AII.2 Status of dispute-related WTO matters involving the United States, March 2001-August 2003 177
III. TRADE POLICIES AND PRACTICES BY MEASURE
AIII.1 Rules of origin 182
AIII.2 In-State government procurement preferences 184
IV. TRADE POLICIES BY SECTOR
AIV.1 Textiles and clothing quotas with utilization rates exceeding 90%, by country, 2002 188
SUMMARY OBSERVATIONS
1. The United States has overcome several shocks since its last Trade Policy Review in 2001, helped by the contribution of its open and transparent trade regime to the highly efficient U.S. economy. Forceful counter-cyclical policies made a recession in 2001 short and shallow, and underpinned subsequent growth. However, barriers to market access persist in a few, but important, areas, which detracts from the market-based solutions that have promoted U.S. welfare so well. Assistance to selected activities such as agriculture and steel has burdened U.S. consumers and taxpayers, and affected global trade because of the importance of the U.S. economy.
2. Since 2001, the United States has taken further steps to liberalize its trade regime, both unilaterally and through negotiations; liberalization has been carried out on both MFN and preferential bases. Competition in many domestic markets has thus increased, and helped maintain the drive for structural change and efficient resource allocation, which characterizes the U.S. economy as a whole. Trading partners have benefited as well, as the United States remains the world's largest single importer and a main engine of growth. Deepening and securing such beneficial interdependency has historically played a central role in U.S. trade policy; achieving this through the multilateral system offers the United States unique advantages in view of the distinctive global reach of its trade and investment interests. The United States thus has a major stake and a key role in bringing about a successful conclusion to the Doha Development Agenda, and thereby also contributing to the stability of international trade relations and to growth in the world economy.
(1) Economic Developments
3. The U.S. economy underwent a recession in 2001; with the policy levers geared to growth, the recession was short and shallow, and the pace of expansion was accelerating in 2003. During much of the period under review, growth in the United States reflected in part the subdued economic performance of several key U.S. trade partners. Although the U.S. slowdown may have impinged on its trade policy by encouraging demands for import protection and government support, the U.S. economy continued to support global growth by maintaining its market largely open.
4. Illustrating the benefits and complex interdependencies characteristic of the international trading system, U.S. counter-cyclical fiscal and monetary policies were buttressed by imports helping to keep U.S. prices down even as public expenditure and private consumption rose, and by the sustained interest of foreigners in investing in the United States. Large inflows of foreign capital have financed a widening current account deficit, and have allowed the U.S. market to remain a key outlet for foreign suppliers.
5. Recent U.S. macroeconomic policy has been directed, increasingly successfully, towards recovering and sustaining growth, with benefits to the global economy, including through trade transmission. But the situation is not without a certain downside risk. The return to large fiscal deficits, if maintained, could contribute to continued substantial current account deficits, although this also depends on private savings and investment decisions, where the efficiency and openness of U.S. capital markets is a positive force for U.S. and international growth. The sustainability of the current account deficit remains an open question, but the possibility of a hard landing, including in the absence of improved growth performance by some critical partners, is not without risk; and the presently perceived large bilateral trade imbalances that are now part of the U.S. current account situation could give rise to protectionist sentiment. In this context, the "twin deficits" are of some concern; equally, it is as important for the United States as for other Members that trade not be unduly hindered by administrative and other barriers, both in the United States and other markets.
(2) Policy Developments
6. The United States considers the multilateral trading system as the core of current commitments in U.S. international trade relations. In the ongoing multilateral negotiations, the United States has made contributions or proposals in a majority of trade topics discussed in the WTO, including agriculture, industrial goods and services. The United States has also continued to be an active complainant and respondent in the WTO dispute settlement mechanism. From mid-2001 to mid-2003, out of around 60 new consultations requested, the United States was a complainant in one tenth of cases and respondent in nearly half. Many cases related to its application of trade remedy laws to steel imports. U.S. notification obligations were fulfilled during the period under review, with the exception of state trading, import licensing, and domestic support and special safeguards in agriculture.
7. The Trade Promotion Authority (TPA) Act of 2002, a successor to "fast-track" authority, brings greater predictability to trade negotiations because Congress, when considering legislation for a new trade agreement, can approve or reject the legislation but must do so without amendment and within a fixed period. The Act states that the expansion of international trade is vital to the national security of the United States, and that trade agreements maximize opportunities for the critical sectors of the U.S. economy.
8. The United States has stated its intention to work also on regional and bilateral initiatives to promote free trade, thus exerting its leverage for openness and creating a climate for "competitive liberalization". As a result, in addition to the two free-trade agreements (FTAs) in force at the time of its previous Review, as of June 2003 the United States had concluded three FTAs and was negotiating new agreements with several countries. Unilateral preferences in favour of developing countries have also been expanded; these preferences may be conditional on compliance with various U.S. policy objectives. The expanding U.S. preferential network could serve to draw its partners more closely into the multilateral trading system, the acknowledged "first-best"; however, care should be taken that negotiating and administrative resources are not distracted away from the multilateral system, that vested interests are not created that complicate multilateral negotiations, and that trade and regulatory structures attendant on preferential agreements do not hinder trade.
9. In the aftermath of the September 2001 attacks, security consideration have become an essential component of trade and investment policy. Significant changes to U.S. trade practices have been implemented to ensure the nation's security. Security now receives more consideration in the implementation of investment provisions, although the foreign direct investment regime has not changed. It is important that the new U.S. security-related policies and practices do not become unnecessary trade or investment barriers.
(3) Market Access in Goods
(i) Tariffs
10. The United States accords MFN tariff treatment to all but one WTO Member (Cuba). All except two tariff lines are bound. Some 31% of all tariff items enter the United States duty free. In 2002, the average MFN tariff was just over 5%, a slight decline from 2001; the average tariff on agricultural products stood at 10%. Certain products, however, receive tariff protection in the 50-350% range, notably tobacco, peanuts, certain dairy products, sugar, and certain footwear; most tariffs on textiles and clothing are in the 15-30% range. Tariff escalation is present in textiles and clothing, non-metallic minerals, and basic metal industries. In the ongoing WTO negotiations, the United States has proposed the elimination of all industrial tariffs by 2015, and substantial cuts in agricultural tariffs.
11. Non-ad valorem tariffs apply to about 12% of all lines; some 77 of the 100 highest U.S. tariffs are non-ad valorem. For products subject to non-ad valorem rates, tariff protection has varied widely over time, increasing when import prices decline and vice versa. The United States maintains tariff quotas on 1.9% of tariff lines, corresponding to agricultural products, broomcorn brooms and tuna. High out-of-quota tariffs on agricultural products constitute one of the main forms of import protection for these products.
12. The growing number of preferential tariff schemes has resulted in an increased set of different rules of origin, thus adding complexity to the U.S. trade regime. Recent preferential tariff schemes in favour of African and Caribbean countries have been enhanced, and extended for the first time to Andean countries; their provisions for duty-free clothing imports generally require U.S. input content, possibly at the expense of lower-cost third-country suppliers.
(ii) Contingency measures
13. Contingency measures remain a key form of protection against imports into the United States. The active use of anti-dumping (AD) and countervailing duty (CVD) measures has continued to generate uncertainty for foreign exporters. Initiations of AD investigations increased in 2001, to the highest level since 1992, but decreased in 2002 and the first half of 2003. A large percentage of investigations has involved steel-related products. Initiations of investigations may affect exporters' trade performance, with preliminary duties applied in most cases.
14. Trading partners have increasingly questioned the rules and methods used by the United States concerning AD and CVD investigations and measures, including the Anti-dumping Act of 1916, the continued application of the Continued Dumping and Subsidy Offset Act (Byrd Amendment), and the methodology used by the U.S. authorities to determine the existence of subsidies following privatization. The DSB findings have led on occasions to a revision of U.S. regulations and laws. The Byrd Amendment, passed in 2000, requires proceeds from AD and CV duties to be distributed to affected U.S. producers, and has resulted in disbursements totaling US$840 million since FY 2001.
15. Only one safeguard investigation has been initiated since 2000 under Section 201, but the scope of the resulting measure was wide, affecting a large number of steel products. Such measures consisted of tariffs ranging from 8% to 30%, and one tariff quota. The tariff levels were adjusted downward in March 2003, while the tariff quota was expanded. FTA partners were completely excluded from the measures, as were many developing countries. At the request of domestic users and foreign producers, several steel products were excluded from the measures in 2002, and others in 2003. Although exclusions are made on an MFN basis, they may benefit producers from some countries more than others, depending on the composition of their exports to the United States.
16. At the request of eight WTO Members, the safeguard measure on steel was examined by the DSB; the Panel report concluded that the United States had acted inconsistently with some WTO provisions. The Appellate Body reaffirmed most of the Panel's findings.
17. In October 2003, the United States was considering a safeguard request for quotas to be imposed on imports of knit fabric, dressing gowns, and brassieres from China, under a transitional safeguard mechanism for textiles and clothing products contained in China's WTO Accession Protocol.
(iii) Other import measures
18. In 2002, 48% of the total value of clothing imports were still subject to quantitative restraints, and 24% of textiles imports. The decline in these shares since 2001 partly reflects the gradual implementation of the WTO Agreement on Textiles and Clothing (ATC). The United States is committed to abolishing quantitative import restrictions in the textiles and clothing sector by end 2004, as foreseen in the ATC. Most other non-tariff border measures are maintained for national security, health, environmental or foreign policy reasons. Among these, embargoes continue on imports of shrimp and tuna from countries found not to be in compliance with U.S. environmental provisions.
19. Security concerns have brought significant changes to U.S. import regulations since 2001. A new 24-hour rule requires the electronic transmission to the U.S. authorities of information pertaining to U.S.-bound cargo prior to departure. Agreements have also been concluded with several foreign seaports to screen U.S.-bound containers before departure for the United States. The Bioterrorism Act of 2002 is to enter into force in December 2003; it requires in particular the registration of most food manufacturing and handling facilities, and prior notice to FDA of all food shipments destined for the United States. In the WTO Committee on Sanitary and Phytosanitary Measures, several Members have expressed concerns over these requirements. Mainly due to their recent adoption, the Secretariat had no information to ascertain the economic impact of the new security-related measures.
20. The United States maintains measures that restrict foreign participation for procurement not covered by the plurilateral Agreement on Government Procurement or other international agreements. The Federal Government maintains "Buy American" restrictions under which agencies may in principle only purchase supplies and construction materials manufactured in the United States with more than 50% of U.S. components. A "Balance-of-Payments" programme applies to certain Department of Defense procurement but the programme's application to civilian agency acquisitions was eliminated in 2001. A number of programmes are in place to foster the ability of small business to compete for federal contracts and various set-aside schemes. These measures are complemented in some States by Buy-In-State or Buy American regulations, as well as preferences and set-asides.
21. The infringement of certain intellectual property rights is considered an unlawful import practice under Section 337 of the Tariff Act of 1930. These practices may lead to exclusion orders barring entry of infringing goods into the United States. Between 1 January 2001 and 30 September 2003, 56 new Section 337 investigations involving products from 26 countries were initiated, mostly dealing with allegations of patent infringement. During the same period, ten limited exclusion orders covering imports were issued.
(4) Export Measures
22. A central objective of U.S. trade policy is to expand markets for U.S. exporters; trade statutes such as the Section 301 family of laws, and its counterparts in telecommunications and in government procurement, target foreign measures deemed to affect U.S. exports or impair U.S. rights under trade agreements. The application of these statutes to WTO Members must conform with WTO dispute settlement provisions in areas covered by multilateral rules. The United States also monitors foreign compliance with intellectual property agreements through Special 301 investigations. In the 2003 review, 11 countries were placed on the Priority Watch List and 36 countries were placed on the Watch List.
23. A number of export assistance schemes are also in place. Legislation has yet to be enacted to implement the recommendations of the DSB in respect of the Foreign Sales Corporation Repeal and Extraterritorial Income Exclusion Act of 2000, which was found to provide prohibited export subsidies. The Export-Import Bank provides mostly officially supported credit guarantees, which also constitute the main instrument by which the Commodity Credit Corporation supports agricultural exports. A large number of foreign trade zones operate in the United States, and a duty drawback programme is in place.
24. The United States maintains export restrictions and controls for national security or foreign policy purposes, or to ensure sufficient domestic supply. Exports may be controlled unilaterally or through U.S. participation in non-binding multilateral export control regimes (e.g. the Wassenaar Arrangement). Re-exports out of third countries of items subject to U.S. export controls are also subject to U.S. authorization.
(5) Other Policies Affecting Trade
25. The United States views the relationship between trade and competition policy as of great importance, as competition policy considerations are playing an increasingly visible role in trade and investment matters. Enforcement during the 2001-03 period continued to focus on the activities of international price-fixing cartels. New regulations to implement higher notification thresholds for mergers and acquisitions have resulted in a lower number of notified mergers, allowing U.S. authorities to concentrate on the examination of larger mergers.
26. As the United States is among the world's largest producers, exporters, and importers, domestic support although not targeted at exports may significantly affect trade. Assistance to domestic producers may take the form of tax exemptions, financial outlays, and credit programmes. Since the last Review of the United States, there have been sizeable financial transfers in air transport and agriculture. In air transport, government financial support was extended to U.S. carriers in the aftermath of 11 September 2001. In agriculture, the Farm Security and Rural Investment Act of 2002 expanded the coverage of marketing loan provisions; and introduced a counter-cyclical income support mechanism that, although not linked to current production, increases subsidies when commodity prices fall, and vice versa. The new legislation may thus further blunt the effects of market signals on production decisions, and runs the risk of large increases in assistance in the event of price falls. Under the new Act, government payments in 2003 were expected to approach the high level of 2001; such payments had declined substantially in 2002 when commodity prices increased and virtually no ad hoc emergency payments were disbursed.
27. The United States considers that public policy aimed at protecting intellectual property rights (IPRs) contributes to a diverse and competitive marketplace, and it uses both bilateral and multilateral policy tools to enforce IPRs in the international arena. Since 2001, the United States has implemented the Madrid Protocol, and adopted statutes to grant compensation for delays in processing patent applications, and to enhance third-party participation in the re-examination of patents.
28. The United States has maintained its long-standing policy of national treatment of foreign direct investment, subject to sector-specific restrictions that in most cases are motivated by prudential and national security considerations. Aside from those described below in the services sectors, restrictions on foreign direct investment exist in energy, mining, and fisheries.
(6) Access Conditions in Services
29. The services sector is the largest contributor to output in the U.S. economy. Market access in services is generally open, with exceptions. Many service activities have been undergoing gradual modernization, including the removal of domestic restrictions to international trade; as a result, current practice is considerably more liberal than U.S. commitments in the WTO. In the context of the Doha Development Agenda, the United States presented a draft offer on services that largely reflects changes in U.S. laws and regulations since the end of the Uruguay Round. The provision of services in the United States through foreign commercial presence is the most important mode of supply, although cross-border trade is also important, in particular for travel, professional and business, and financial services.
30. The U.S. international maritime transport market is generally open to foreign competition; the share of foreign carriers in U.S. international trade exceeds 97% notwithstanding financial government assistance or cargo preferences granted to international cargoes carried by U.S.-flag vessels. Domestic cargo restrictions under the Jones Act remain in place but legislation to facilitate the granting of waivers to the Act was passed in 2002. The U.S. domestic air transport market accounts for about one third of the world aviation market, and remains subject to market access restrictions in the form of U.S. ownership and control requirements. Liberalization of international air transport services has continued through open skies agreements and, on a case-by-case basis, the approval of alliances among domestic and foreign airlines.
31. In financial services, the industry's regulatory framework has continued to be modernized through new regulations in the wake of the Gramm-Leach-Bliley Act of 1999 (GLB), which put an end to the restrictions imposed by the 1933 Glass-Steagall Act, on affiliations between banks and securities firms. The United States grants, in general terms, open market access and national treatment to foreign banks. In insurance, firms are primarily regulated at the State level, but steps towards uniformization have been adopted since the previous U.S. Review. States require companies to be licensed in-State to conduct
insurance business within and across their borders. During the 2001-03 period, several incidents of securities laws violations came to light and measures have been taken against a number of financial service providers; to strengthen the regulatory framework, new legislation was passed in 2002.
32. The U.S. market for both domestic and international telecommunications services is highly competitive and open to foreign firms. Although restrictions remain on direct foreign ownership of radio licences, in practice, foreign firms may supply domestic and international services. This high level of competition contributes to below-OECD-average price levels for most services. In the audiovisual subsector, radio and television broadcast licences may not be owned by foreigners. In addition, rules limiting ownership (domestic or foreign) of radio and television networks aim to promote competition, diversity, and localism in media production.
33. The regulation of professional services is mainly under the responsibility of the individual States. Foreign market access in some States is affected by local presence, domicile, nationality, or legal form of entry requirements. The lack of a uniform regulatory regime at the national level also complicates market access. During the period under review, the regulatory framework has been subject to a number of reforms to strengthen governance, notably through the Sarbanes-Oxley Act of 2002 affecting accounting and legal services.
