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Domestic Manufacturers Object to Trade Remedies Provisions in Proposed U.S.-Korea Free Trade Agreement

 

WASHINGTON, Sept. 9 /PRNewswire-USNewswire/ -- The Committee to Support U.S. Trade Laws (CSUSTL) and its affiliated organizations, including some of the most respected names in American manufacturing, today submitted comments to the Office of the U.S. Trade Representative regarding the proposed U.S.-Korea Free Trade Agreement. CSUSTL strongly objected to the antidumping (AD) and countervailing duty (CVD) provisions of the section on trade remedies, citing concerns that the proposed measures would result in changes to the related legal processes, ultimately jeopardizing the ability of U.S. businesses to seek relief when harmed by unfairly-priced foreign imports.

The United States and the Republic of Korea signed the U.S.-Korea Free Trade Agreement on June 30, 2007 - it is now pending Congressional approval. "If approved," according to a USTR statement, "the Agreement would be the United States' most commercially significant free trade agreement in more than 16 years."

"While there is no doubt that the Agreement offers some economic benefits to U.S. industry," Mr. Hartquist, Executive Director of CSUSTL remarked, "there is a strong risk that these U.S.-Korea Free Trade Agreement provisions could seriously put at risk the integrity and enforceability of U.S. AD/CVD laws, which should be at the core of U.S. trade policy. These proposed AD/CVD provisions are not necessary. They could inject politics into future AD/CVD cases involving South Korea and they would set a very dangerous precedent for future free trade agreements the United States may enter with other countries."

The Committee to Support U.S. Trade Laws is an organization of companies, trade associations, labor unions, workers, and individuals committed to preserving and enhancing U.S. trade laws. CSUSTL's members span all sectors, including manufacturing, technology, agriculture, mining and energy, and services. CSUSTL is dedicated to ensuring that the unfair trade laws are not weakened through legislation or policy decisions in Washington, D.C., in international negotiations, or through dispute settlements at the World Trade Organization and elsewhere.

The CSUSTL comments concerning the Free Trade Agreement with the Republic of Korea and the list of member organizations follow this press release:

September 9, 2009

Delivery Online

Carmen Suro-Bredie

Chairman, Trade Policy Staff Committee

Office of the U.S. Trade Representative

600 17th Street, N.W.

Washington, D.C. 20208

Re: Comments Concerning Free Trade Agreement With the Republic of Korea

Dear Ms. Suro-Bredie:

These comments are timely submitted in response to the notice, Request for Comments

Concerning Free Trade Agreement With the Republic of Korea, 74 Fed. Reg. 37,084 (July 27, 2009). The Committee to Support U.S. Trade Laws (CSUSTL) and its affiliated organizations (see enclosed membership list) are united in objecting strongly to the antidumping (AD) and countervailing duty (CVD) provisions of the section on trade remedies in the proposed U.S.-Korea Free Trade Agreement (KORUS).

CSUSTL supports the preservation, defense, and enhancement of vital U.S. laws against dumped and subsidized imports. We oppose any weakening of U.S. trade laws, whether through negotiation or legislation.

CSUSTL acknowledges that the Bush Administration remained firm in its resistance to a primary objective of the Government of South Korea, which was to use the KORUS to modify, and thereby weaken, U.S. AD/CVD laws. The KORUS trade remedies section would not require changes to U.S. AD/CVD laws, and each party would retain its rights and obligations under the WTO's relevant agreements. Rather, our concern is that the AD-CVD part of the KORUS trade remedies section would result in changes to the related legal processes with regard to AD-CVD in three key areas: (1) pre-initiation notification and consultation requirements; (2) undertakings; and (3) establishment of a bilateral Committee on Trade Remedies. The CSUSTL and its members strongly object to all three of these AD-CVD provisions in the proposed KORUS.

  • The notification and consultation provision would delay and improperly politicize the consideration of a trade remedy petition filed by a U.S. industry in a process that is already transparent and open to all parties. We are particularly concerned about the application of this provision to an antidumping case.
  • The provision on undertakings would encourage the use of suspension agreements and the injection of foreign governments into the trade law process, after the point where a domestic industry has already invested significant time and effort in a trade remedy investigation. As with the consultation provision, we are particularly concerned about the application of this provision to an antidumping case.
  • The provision to establish a bilateral Committee on Trade Remedies is unprecedented and unnecessary and would provide additional opportunities for the Government of South Korea to weaken U.S. trade law enforcement.

In sum, there is a strong risk that these KORUS provisions could seriously jeopardize the integrity and enforceability of U.S. AD/CVD laws, which should be at the core of U.S. trade policy. These AD/CVD provisions are not necessary. They could inject politics into future AD/CVD cases involving South Korea. Lastly, they would set a very dangerous precedent for future free trade agreements the United States may enter into with other countries.

Very truly yours,

David A. Hartquist

Executive Director

The Committee to Support US Trade Laws (CSUSTL) and the following member organizations endorse the positions set forth in the attached document:

AFL-CIO

Allied Tube & Conduit

Amalgamated Sugar Company

American Coke & Coal Chemicals Institute

American Corn Growers Association

American Fiber Manufacturers Assn.

American Furniture Manufacturers Committee for Legal Trade

American Iron and Steel Institute

American Maritime Officers

Ameristeel Bright Bar

AMT-Association for Manufacturing Technology

Anvil International

Associated Industries of Massachusetts

Automotive Aftermarket Industry Association

Carmeuse Lime & Stone

Carpenter Technology Corporation

California Fresh Garlic Producers Association

California Cut Flower Commission

Candle-Lite Division of Lancaster

Colony Corp.

Chicago Fire Brick Division of Allied Mineral Products, Inc.

China Currency Coalition

Cleveland-Cliffs, Inc.

Coalition for Fair Lumber Imports

Cold Finished Steel Bar Institute

Committee on Pipe & Tube Imports

Communications Workers of America

Copper & Brass Fabricators Council

Corey Steel Company

Crawfish Processors' Alliance

Dakota Resource Council

Fair Atlantic Salmon Trade

Falcon Foundry

Fleming, Chuck F. (North Dakota Agriculture Committee)

Floral Trade Council

Florida Farmers, Inc.

Florida Fruit & Vegetable Association

Florida Tomato Exchange

Flower Growers of Puget Sound

FMC Corporation

Globe Metallurgical Inc.

Independent Cattlemen of Texas

Industrial Heating Equipment Association

Industrial Packaging Alliance of NAS

Int'l Brotherhood of Electrical Workers

JIT Terminal, Inc.

Johnson, Roger (North Dakota Agriculture Committee)

Kansas Cattlemen Association

Krueger Steel and Wire Co.

Kuster, Louis (Farmer)

Lake Carriers' Association

Libbey, Inc.

LMP Steel & Wire Company

Lumi-lite Candle Co., Inc.

Manufacturers for Fair Trade

Micron

Milwaukee Wire

Montana Cattlemen's Association

Municipal Castings Fair Trade Council

National Candle Association

National Cotton Council

National Council of Textile Organizations

National Farmers Organization

National Farmers Union

National Lime Association

National Textile Association

Nelsen Steel Company LP

Nevada Livestock Association

NewPage Corporation

New Process Steel

North Dakota Farmers for Profitable Agriculture

Nucor Corporation

PMC Specialties Group, Inc.

Polyethylene Retail Carrier Bag Committee

R-CALF United Stockgrowers of America 2

Safelite Glass Corp.

South Dakota Stockgrowers' Association

Southern Shrimp Alliance

Southern Tier Cement Committee

Soybean Producers of America

Specialty Steel Industry of North America

Steel Manufacturers Association

Stupp Bros. Bridge & Iron Company

Sunblest Mgmt. LLC

The Timken Company

Thoeny Farms, Inc.

Thompson Steel Company, Inc.

United Steelworkers

U.S. Beekeepers

U.S. Business & Industry Council

U.S. Steel

Vaughn-Bassett Furniture Company

Village Farms

Ward Manufacturing, Inc.

Western Organization Resource Council

SOURCE Committee to Support U.S. Trade Laws

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