The Use of Technical Barriers to Trade in Response to Increased Competition in North American Agriculture Prepared for the Organized Symposium: North American Free Trade and Responses to Increased Competition: A Look at Trade Disputes and Technical Barriers to Trade AAEA Annual Meetings Montreal, Canada July 28, 2003 Parr Rosson and Flynn Adcock Texas A&M University

Overview Types of Technical Barriers to TradeTypes of Technical Barriers to Trade Increased Competition Created by NAFTA TradeIncreased Competition Created by NAFTA Trade Uses of TBTs in Response to Increased CompetitionUses of TBTs in Response to Increased Competition

Technical Barriers to Trade WTO Definition WTO Definition: Technical Regulations are documents which lay down product characteristics or their related processes and production methods with which compliance is mandatory Includes administrative provisions Includes terminology, symbols, packaging, marking or labeling requirements

NAFTA SPS Agreement Designed to Prevent Use of SPS Measures as Disguised Restrictions to Trade SPS Measures Must be Based on Scientific Principles and Include a Risk Assessment Measures Cannot Restrict Trade Beyond a Country’s Chosen Level of Protection Does Not Allow Unfair Discrimination Does Allow Protection of Human, Animal or Plant Life and Health

Increased Competition Created by NAFTA Agricultural Trade among NAFTA has More than Doubled since 1989Agricultural Trade among NAFTA has More than Doubled since 1989 U.S. NAFTA Exports Grew from $5.0 Billion to $16.0 BillionU.S. NAFTA Exports Grew from $5.0 Billion to $16.0 Billion U.S. NAFTA Imports Grew from $5.2 Billion to $15.8 BillionU.S. NAFTA Imports Grew from $5.2 Billion to $15.8 Billion Increased Trade in Grains, Animal Products, Fruits, and VegetablesIncreased Trade in Grains, Animal Products, Fruits, and Vegetables

Million Metric Tons CornSorghumWheatRice

Reactions to Increased Import Competition Technical Barriers to Trade  Labeling  SPS Measures  Food Safety Standards  Licensing Regimes AD/CVD Cases – Not Discussed Here

TBTs and Grain Trade U.S. Sorghum Exports to Mexico Average 3.4 MMT per Year Since 1989 In 1996, Mexico Slowed Issuance of Sorghum Import Permits Lowest U.S. Sorghum Exports for the Period Resulted MMT Issue Resolved and Exports Reached Highest Level Ever in 2001 – 5.01 MMT

TBTs and Grain Trade U.S. Corn Exports to Mexico Averaged 3.7 MMT since 1989, 4.6 MMT since NAFTA Mexican Corn TRQ Allows for Slightly More than 3 MMT – U.S. Exports Almost Double Since 1996 Distribution of Quota Via Cupos Politically Sensitive, but No New TBTs Recently Mexico Delayed Release of Rail Cars Containing U.S. Paddy Rice for a Month During Late 1998

TBTs and Fruit and Vegetable Trade U.S. Exports of Apples, Grapes, and Peaches to Mexico Growing Since 1995 Apples: In 1998, Mexico Filed Labor Non- Compliance Complaint and Washington State Apple Shippers Balked at Mexican Inspection Process U.S. Apple Exports Stopped During October 1998, But Have Grown Since Grapes: Mexico Began Requiring COOL in Spanish in 1997 – Industries Working Together Peaches: One Oriental Fruit Moth Caused Declines in U.S. Peach Exports from

TBTs and Fruit and Vegetable Trade Long Standing Phytosanitary Issues Regarding U.S. Avocado Imports from Mexico Mexico Gained Partial U.S. Market Access in 1997 – Now Negotiating for Longer Time Period and More States – CA not Supportive FDA Banned Imports of Mexican Cantaloupes in October 2002 Until Certification of Sanitary Production Conditions Several Mexican Producers Have Met the New Requirement

Other NAFTA TBT Issues Timing of Mexican Import Permit Auctions for Dry Beans Has Slowed U.S. Exports Since 1999 Phytosanitary Issues & Under Invoicing by Exporters Noted As Problems by Mexico Canadian Issues Regarding Pseudorabies in Slaughter Swine from Certain U.S. States – Corrective Regulations Considered Overly Burdensome Avian Influenza (1999) and Exotic Newcastle Disease (2003) Affecting U.S. Poultry Meat Exports to Mexico Recent BSE Situation with Canadian Cattle

Country of Origin Labeling States that Certain Fresh/Frozen Fruits, Vegetables, Meats, and Seafood Sold at Retail Level Must be Labeled by Country of Origin Supporters Say “Consumers have a right to know” and that COOL Will Assist in Addressing Food-borne Illness Outbreaks Opponents Think it is Too Costly and that it is Nothing but a Protectionist Measure COOL Implementation May Lead to WTO Compliant Complete Implementation not Assured

Summary and Conclusions Increased North American Agricultural Trade Has Led to Increased Competition TBT’s Have Been One Way Countries Attempt to Protect Industries from Competitive Pressures While Important to Maintain Animal and Plant Health, SPS Measures Can be Used as TBT Licenses and Other Administrative Measures Also Increase Cost and Reduce Pace of Trade

Summary and Conclusions Border Procedures Such as Inspection Practices and Timeliness of Administrative Processes Can Negatively Impact Trade Flows Country-of-Origin and Other Labeling (Nutrition, GMO) Can be Used as a Trade Barrier As Tariffs Continue to Decline, Use of Non- Tariff Barriers, Including TBTs, Will Likely Increase