NFTC President: Re-Imposing Tariffs on Canada Undermines Spirit of USMCA

Washington D.C. – National Foreign Trade Council (NFTC) President Rufus Yerxa today issued the following remarks on reports that the administration is considering re-imposing tariffs on aluminum imports from Canada:

“This attempt to re-impose aluminum tariffs on our Canadian neighbors would be a major mistake. It would completely undermine the spirit of our newly-negotiated USMCA and would reignite trade tensions with our biggest trading partner. It will also hurt the most dynamic U.S. manufacturers in sectors like autos, food products and construction, all in a vain effort to prop up inefficient domestic aluminum producers by branding Canada a national security threat.

“American consumers will pay the price, but so will our exporters, who will undoubtedly face Canadian retaliation. It would indeed be sad if the administration fails to recognize why such an action a few days before entry into force of USMCA would undermine our credibility as a reliable trading partner, not just with Canada, but with other potential free trade partners like the U.K. and Japan.”

NFTC and the Alliance for Competitive Steel and Aluminum Trade (ACSAT) have opposed the imposition of tariffs on steel and aluminum since they were first announced in 2018. After considerable push back from a broad cross section of the U.S. business community, the administration suspended these tariffs for Mexico and Canada as part of USMCA negotiations in May 2019. Re-imposing these tariffs on Canada would be a serious step back in our commitment to an integrated North American supply chain.

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Urges Administration to Reconsider Non-Immigrant Visa Suspensions

Washington D.C. – National Foreign Trade Council (NFTC) President Rufus Yerxa today issued the following statement regarding an Executive Order signed yesterday suspending non-immigrant visas to the U.S.:

“NFTC has long championed the ability of American companies to hire the best and the brightest individuals from around the world. It has always been our belief that the temporary entry of workers and students makes America more competitive.

“At a time when we ought to be seeking ways to rebuild and strengthen our economy, the administration’s actions will do the opposite and will instead severely limit our ability to recover from this pandemic. Orders such as this one inhibit our long-term competitiveness and will do nothing but benefit other countries who are poised to welcome global talent with open arms.”

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Releases Paper Outlining Proposals to Address the WTO Appellate Body Crisis

Washington D.C. – The National Foreign Trade Council (NFTC) today released a new paper entitled “Resolving the Appellate Body Crisis: Proposals on Precedent, Appellate Body Secretariat and the Role of Adjudicators,” a follow up to a paper released last year entitled “Resolving the WTO Appellate Body Crisis: Proposals on Overreach.” The paper was prepared by Bruce Hirsh of Tailwind Global Strategies LLC – a former USTR official who represented the U.S. in dispute settlement matters in Geneva.

“The world needs a functioning WTO now more than ever, and while countries are working to pick a successor for the Director General role, it is important to continue the work that has already been done to reform the dispute settlement system,” said Rufus Yerxa, President of the NFTC. “As with the last paper we released on this matter, I hope the proposals contained in this document assist in advancing the necessary dialogues within the WTO.”

Specifically, the paper outlines 3 proposals that will help “reflect the goal of making the Appellate Body operate as Members expected in 1995:”

  1. Clarify that Appellate Body reports do not create binding precedent;
  2. Replace the Appellate Body secretariat with clerks seconded from the WTO secretariat; and
  3. Guidance on the Role of Adjudicators.

To read the full paper, click here.

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Statement on USTR Section 301 Investigation into Digital Tax Policies

Washington D.C. – The National Foreign Trade Council (NFTC) today released a statement in response to USTR’s announcement that it will initiate Section 301 investigations into multiple countries who have adopted or who are considering discriminatory, unilateral digital services taxes.

NFTC shares the U.S. Government’s growing concern about the adoption of tax programs that discriminate against U.S. companies. These measures undermine the U.S. tax base, threaten to undermine established international principles of taxation and are exactly the wrong response to post-pandemic economic recovery efforts.

Despite ongoing negotiations at the Organization for Economic Cooperation and Development (OECD) on the tax challenges of the digitization of the economy, a number of countries around the world have bypassed the multilateral approach and adopted or telegraphed plans to impose discriminatory digital services taxes.

For example, last week, the EU announced a blueprint for economic recovery which called for a Europe-wide DST and a separate single market tax that would fall disproportionately on American businesses to help pay for European COVID recovery. Other jurisdictions, including Indonesia and India, have also recently announced or enacted discriminatory digital services taxes that target a wide variety of digital industries and disproportionately affect U.S. companies.

Because of their discriminatory nature, unilateral DSTs are certain to escalate trade tensions between the United States and many of our closest trading partners. USTR’s announcement illustrates the high priority the U.S. Government places on pushing back against actions taken outside of the multilateral process. We support the U.S. Government taking steps to protect U.S. businesses from these discriminatory tax regimes. We also encourage the U.S. Government to be mindful of the unintended economic consequences that retaliation could have on U.S. businesses and consumers not party to these concerns.

NFTC urges countries to drop unilateral DSTs and to work towards a multilateral consensus on new non-discriminatory tax rules at the OECD in order to avoid undermining the global tax and trade systems.

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Statement on Departure of WTO Director General

Washington D.C. – National Foreign Trade Council (NFTC) President Rufus Yerxa today issued the following statement following the announcement by World Trade Organization (WTO) Director General Roberto Azevêdo that he will be stepping down before the end of his term:
“I think Roberto Azevêdo has done an outstanding job of leading the WTO through a difficult transition from a failed DOHA Round to the beginning of a much-needed reform agenda which was making real progress before the coronavirus crisis.

“What we need now in a transition to new leadership is someone who will be committed to moving that reform agenda forward and maintaining a robust WTO to fight the inevitable wave of protectionism that will emerge in a post-pandemic world.

“The biggest danger now is that critics of this organization will use a leadership vacuum as an excuse to undermine the entire system. But the WTO will survive, it will play a critical role in stabilizing the world during the economic recovery, and U.S leadership will be critical to ensuring that goal.”
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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Statement on USITC COVID-19 Related Products Report

Washington D.C. – National Foreign Trade Council (NFTC) President Rufus Yerxa today issued a statement following the publication of the United States International Trade Commission (USITC) report on COVID-19 Related Goods: U.S. Imports and Tariffs:

“This ITC report makes it clear that immediate suspension of tariffs on these items is justified and really important to fighting the pandemic. The NFTC joins Chairman Neal in urging the Administration to move with due haste to suspend all tariffs on these products.”

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Statement on U.S.-China Phase One Agreement

Washington D.C. – The National Foreign Trade Council (NFTC) today welcomed the announcement of a phase one agreement between the United States and China, a critical first step towards a more sustainable, predictable and mutually-beneficial trading relationship.

The agreement outlines deliverables in areas critical to U.S. business, including prohibitions on forced technology transfer, improved market access for financial services, disciplines on state-directed outbound investment, and enhanced protections of trade secrets and other intellectual property rights.

“We are glad to see progress towards a resolution of the U.S.-China trade war, but it is important to remember that there is a lot more work to do,”said Rufus Yerxa, President of the NFTC. “As with any trade agreement, the devil is in the details, and many of details of this deal are not clear yet.”

In the coming days and weeks, it will be important for the two sides to provide more clarity on the removal or reduction of tariffs on each other’s’ products and on Chinese purchase commitments so that U.S. exporters can better assess new business opportunities, and to release details alluded to in the agreement, including on China’s Action Plan to strengthen intellectual property protection.

“Enforcement will be key to the success of this deal,” added Yerxa. “We look forward to working closely with the Administration to make sure that the commitments contained in this agreement translate into commercial opportunities for U.S. businesses in the Chinese market.”

The NFTC believes that tariffs should not be the first resort in disputes with China or with our other trading partners. Going forward, China and the United States must work through the newly-created bilateral dispute resolution mechanism to assess compliance with the agreement and to resolve tensions as they arise in order to prevent future cycles of new tariffs, which would create permanent uncertainty for businesses.

Normalizing the U.S.-China trade relationship will require the two sides to implement fully the phase one agreement and to move expeditiously to a phase two agreement that removes tariffs and additional structural imbalances to the relationship, and sets the two countries on a path towards a trade relationship governed by market forces rather than managed trade and tariffs.

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Releases Paper on the WTO Appellate Body Crisis

Washington D.C. – The National Foreign Trade Council (NFTC) today released a new paper entitled “Resolving the WTO Appellate Body Crisis: Proposals on Overreach” which contains recommendations designed to avoid future judicial overreach and strengthen the legitimacy of the Appellate Body. The paper was prepared by Bruce Hirsh of Tailwind Global Strategies LLC – a former USTR official who represented the U.S. in dispute settlement matters in Geneva.

“A breakthrough of some sort on the Appellate Body deadlock is badly needed in Geneva. We commissioned this paper by Bruce because we think the demise of WTO dispute settlement would be a lose-lose for all Members,” said Rufus Yerxa, President of the NFTC. “We urge Members to read the paper and reflect on his proposals, which we believe can contribute to a productive dialogue to resolve this crisis.”

The paper includes six key proposals:

  1. Enforce the 90-day timeframe for appeals;
  2. Prohibit advisory opinions, and further elaborate the circumstances constituting advisory opinions;
  3. Clarify that DSU Article 3.2 does not justify expanding or narrowing the reach of WTO provisions or filling gaps in WTO coverage;
  4. Clarify that customary rules of interpretation of public international law do not justify gap-filling and expanding or narrowing the reach of WTO provisions;
  5. Affirm that Article 17.6(ii) of the Antidumping Agreement must be given meaning, by clarifying that the provision reflects the principle just described, that WTO adjudicators may not expand or narrow the meaning of broad provisions and general terms; and
  6. Direct the Appellate Body to reject party arguments that expand or narrow the reach of agreement provisions or fill gaps in agreements.

To read the full paper, click here.

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Welcomes Announcement of Agreement on USMCA

Washington D.C. – National Foreign Trade Council (NFTC) President Rufus Yerxa today issued the following statement following the announcement of an agreement on USMCA:

“This is finally good news on the trade front after a long, hard year. We’re optimistic about the deal and are looking forward to seeing the final text. We believe this agreement will further strengthen the North American region, bringing about the commercial stability and certainty that our companies need to remain competitive in the global economy.”

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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NFTC Foundation Honors Congresswoman Murphy, Congressman LaHood and Senator Portman

Washington D.C. – Last night, the National Foreign Trade Council (NFTC) Foundation hosted its annual World Trade Dinner and Awards Ceremony honoring Congresswoman Stephanie Murphy, Congressman Darin LaHood and Senator Rob Portman.

Leslie Griffin, President of the NFTC Foundation, delivered opening remarks followed by Secretary Carlos Gutierrez, NFTC Chairman. During his remarks, Secretary Gutierrez highlighted the need to work towards a trade policy that brings certainty to U.S. businesses competing in the global economy. “While 2020 is unlikely to be a year in which unpredictability vanishes entirely, we can all work to reduce it. And we can count on NFTC to help us analyze government actions, evaluate and mitigate risks and navigate this sea of uncertainty. Our leadership is more important than ever at this critical time.”

Congresswoman Stephanie Murphy, this year’s World Trade Award recipient, was honored for her work in leading a new generation of pro-trade Congressional members who understand the importance of the rules-based trading system in our economic success. In accepting the award, Congresswoman Murphy called for bipartisan support of trade liberalization policies and stressed the importance of deepening our economic ties in Asia, strengthening our trading relationship with Europe, and expanding exports of goods and services that support American workers. “Over time, Congress has delegated much of the power to impose tariffs to the executive branch. Now that the executive branch is abusing this power, Congress ought to reclaim its authority over these tariff decisions, especially because we are the branch of government closest to the American people harmed by them,” she added.

This year’s Trade Leadership for the Digital Trade Award recipient, CongressmanDarin LaHood, was honored for his work as the co-Chair of the Digital Trade Caucus and for his efforts to ensure that U.S. companies can thrive in the digital age.

“As policymakers, we need to recognize the importance of an open, global digital economy in the ability of American businesses and workers to succeed internationally. It is imperative that our trade agreements reflect modern technology and provide the necessary rules of the road,” he said while accepting his award.

The inaugural International Tax Award honoree, Senator Rob Portman, was recognized for his tireless efforts to ensure that U.S. companies enjoy fair and equal tax treatment across the world.

Accepting this award through a previously recorded video message, Senator Portman highlighted the role of tax reform in addressing the competitive disadvantage felt by U.S. companies who participate in the global economy and he stressed the need to push back against discriminatory digital services taxes around the world. “By lowering the corporate tax rate to just below the OECD average and moving into a modern territorial system we have managed to level the playing field for U.S. businesses and workers.”

The NFTC Foundation’s World Trade Dinner has become a valued tradition for guests including senior U.S. government officials, diplomats and top executives of critical global industries. This year’s dinner was held at the Andrew W. Mellon Auditorium in Washington D.C.

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About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

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