Undeniably, there are deep social, cultural
and economic ties between the United States and the European
Union. In fact, most Americans are descended from immigrants
who came from Europe.
In the economic realm, the United States and Europe are both
commited to market economics and share most assumptions about
economic and trade policy. The United States and the EU can
fairly be called the leaders of the world economic and trading
system. But despite this considerable basis for kinship and
cooperation, the United States and Europe are drifting into
serious international trade conflicts.
There are now 15 trade challenges pending against the United
States at the World Trade Organization. Surprisingly, the European
Union has brought -- either directly or in conjunction with other
countries -- 11 of these challenges.
Sometimes statistics like this can be deceiving. But, in this
case, the EU has also brought the most serious WTO complaints
against the United States. Last fall, the EU successfully challenged
a provision of the U.S. tax code known as the Foreign Sales
Corporation provision. In brief, FSC provides some benefits
for exporting companies that a WTO panel recently found -- at
the behest of the EU -- to constitute subsidies.
This decision is particularly troubling because the FSC rule
was established in large part to put U.S. exporting companies
on an equal footing with European companies, which benefit from
significant European tax rebates. There had reportedly been
a ""gentleman's understanding'' between the United
States and Europe to cease attacks on each other's tax laws.
U.S. tax officials and corporations have expressed understandable
consternation over Europe's decision to scrap the understanding
and open what will likely be an extended battle over each other's
tax laws.
In another important complaint, the EU has challenged the United
States' practice of calculating subsidies in cases involving
privatization. The EU and the WTO panel took the almost incomprehensible
position that even if an industry was literally created by government
subsidies, privatization had the effect of washing away the
subsidy. How could a paper transaction such as an overnight
sale wipe away subsidies on the very same plants and equipment
that all agree were subsidized the previous day?
The EU's position on this issue is all the harder to explain
because its own rules on subsidies both within the EU and with
respect to imports do not assume that privatization extinguishes
subsidies! For the United States, this is not a trivial matter
-- 15 of the 26 U.S. countervailing (anti-subsidy) investigations
brought and completed since the creation of the WTO involve
privatization. Ultimately, the privatization ruling could tear
a gaping hole in efforts to curb trade-distorting subsidies.
Unfortunately, countervailing duty laws are not the only U.S.
trade law under European attack. U.S. anti-dumping laws -- Section
201 (temporary import relief), Section 301 (unfair trade practices),
and Section 337 (intellectual property protection) -- have all
been the subject of EU complaints to the WTO. The EU also joined
with Japan and other countries to try to reopen WTO negotiations
on anti-dumping laws. Europe took this step even though the
current WTO rules are not fully implemented and the EU actually
employs anti- dumping laws more aggressively than does the United
States.
Some argue that this was entirely a political move by the EU.
Because of the resistance of French farmers, the EU did not
want a new round of WTO talks. Threatening to reopen anti-dumping
laws -- a step the United States simply could not take in the
wake of the steel import crisis -- provided a convenient opportunity
to stymie the talks and put the blame on the United States.
Ironically, the likely result of the effort to undermine U.S.
trade laws, which are legitimate WTO legal measures to address
trade problems, is exactly what the EU and other countries should
not want: a decrease in support for the WTO and free trade in
the United States and a likely accompanying rise in protection.
Some Europeans point out that the United States has brought
needless complaints against the EU on bananas and meat from
animals treated with growth hormones. The United States may
well have erred by needlessly pressing the so-called banana
case. The hormone case is, however, legitimate. Although it
is a difficult issue, there is nothing duplicitous or contradictory
about the United States raising this matter before the WTO.
Whatever the cause, the United States and the EU would do well
to de- escalate this growing conflict. Both should consider
dropping some of their peripheral complaints and suspending
further action on others. These matters are likely to prove
much easier to resolve in an atmosphere of cooperation than
in one of confrontation.
Copyright 2000, Journal of Commerce
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