TRADE UPDATE

Food & Agriculture
June 20, 2023

By Michael Anderson, Anderson Global Trade, LLC

HIGHLIGHTS

• USMCA: The Office of USTR and Department of Labor filed the 10th and 11th labor rights reviews under USMCA’s Rapid Response Labor Mechanism alleging denial of labor rights at a garment facility and a mining operation in Mexico. Prior USMCA labor rights complaints were exclusively in the auto manufacturing sector.
• U.S. – Mexico: Florida tomato growers have filed a request with the Department of Commerce to terminate the 2019 Tomato Suspension Agreement with Mexico which could lead to the re-imposition of anti-dumping duties on Mexican tomatoes. The growers cite loopholes and challenges in the suspension agreement leading to significant erosion in the market share for domestically produced tomatoes.
• U.S. – Taiwan: The House Ways and Means Committee unanimously voted (42-0) to advance the United States-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act (H.R. 4404). This legislation approves President Biden’s recent trade deal with Taiwan and requires the Administration to seek Congressional approval for future rounds of agreements with Taiwan, as Congress reasserts its constitutional role in trade agreements.
• U.S. – China: Initial reports from the highly anticipated meeting between the U.S. Secretary of State Antony Blinken and Chinese President XI Jinping suggests a renewed effort for bilateral dialogue and a modest thawing of diplomatic tensions. Blinken reported that the two officials held a “very candid, very in-depth” discussion. Chinese officials said the renewed dialogue was necessary for a healthy relationship between the two nations.
• Trade Policy: USTR Katherine Tai delivered a speech last week reaffirming the Biden Administration’s worker-centric trade policy. She also stressed the importance of resilient supply chains and inclusive partnerships with trade partners. Ambassador Tai criticized the decades-long pursuit of trade policy done through the lens of overall economic efficiency gains. Separately, The Office of the United States Trade Representative (USTR) launched a public comment process via Federal Register Notice (FRN) seeking input and recommendations on, “how all U.S. trade and investment policy actions, including responsible business conduct, could advance racial and gender equity and support for historically underserved communities.”
• IPEF: The fourth IPEF round of trade talks is slated for Busan, South Korea, July 19-25. The U.S. interagency delegation will be co-led by Sarah Ellerman, IPEF Pillar I Chief Negotiator and Assistant USTR for Southeast Asia and the Pacific (Acting), and Sharon H. Yuan, U.S. Department of Commerce Counselor and Chief Negotiator for Pillars II-IV, according to a USTR statement.
• WTO: The Government of the Netherlands contributed €1 million to the WTO Fisheries mechanism to assist developing members and least-developed country members in implementing the Agreement on Fisheries Subsidies, joining a growing club of WTO members adding funds to the mechanism.

“Today, labor leaders, CEOs, foreign leaders, and the President’s National Security Advisor all agree: our global supply chains, which have been created to maximize short-term efficiency and minimize costs, need to be redesigned for resilience.”

–Ambassador Katherine Tai during a speech at the National Press Club

USMCA

U.S. submits 10th and 11th labor review request through USMCA

• This past week, the Department of Labor and USTR filed the 10th and 11th labor rights reviews under USMCA’s Rapid Response Labor Mechanism. The requests were specifically for allegations of denial of labor rights at a garment facility in Aguascalientes, Mexico, and a San Martín mine in Zacatecas, Mexico. These requests mark a shift in the Biden Administration’s use of the Rapid Response Labor Mechanism. Before these requests, the mechanism had been exclusively used to target auto suppliers. In both cases, the U.S. made the requests due to alleged violations of workers’ rights to associate and exercise collective bargaining rights.
  • Regarding the 10th request, USTR Tai stated the action, “highlights the United States’ focus in ensuring workers in all sectors have freedom of association and collective bargaining rights. As in previous matters, we look forward to working closely with the Government of Mexico to address the issues present in this case.”
  • Deputy Undersecretary for International Affairs at the Department of Labor Thea Lee said, “The Mexican government has indicated its support for full implementation of the labor reform. Working together, we can address the issues in this case and protect the rights of workers,” when speaking on the 11th request.

Costa Rican official expresses interest in joining USMCA

• At a June 12 Atlantic Council event Costa Rican Vice Foreign Minister Indiana Trejos expressed interest in expanding USMCA to include Costa Rica, according to an Inside U.S. Trade article. Costa Rica has expressed previous interest in joining the pact, petitioning the U.S. in December of last year. The U.S. is Costa Rica’s largest trading partner, according to the State Department.
  • Vice Foreign Minister Trejos remarked on Costa Rica’s current membership in the United States-Central America (CAFTA) trade agreement contending that, “CAFTA as you know, is old, it is 16 years old, so we need to modernize our framework and USMCA provides the highest standards and modern rules that we need for our industries to thrive.” She further argued that the accession of Costa Rica into USMCA is sensible due to the nation’s already extensive trading relationship with North American economies.

U.S. – Mexico

Florida tomato growers petition U.S. government for duties on Mexican tomatoes

• Florida tomato growers have filed a request with the Department of Commerce to terminate the 2019 Tomato Suspension Agreement with Mexico. This would enable the imposition of anti-dumping duties on Mexican tomatoes. The 2019 agreement suspended anti-dumping duty investigations on fresh Mexican tomatoes. Florida tomato farmers have been at odds with imports of Mexican tomatoes since the signing of NAFTA in 1994. Over the past 27 years, five suspension agreements have been made.
  • Michael Schadler, Executive Vice President of the Florida Tomato Exchange, stated that, “Despite the good faith efforts of the Commerce Department over the last four years, the 2019 Suspension Agreement has not been able to close the loopholes that have always been a problem. It’s become clear that these agreements are simply not enforceable, at least when it comes to the tomato trade with Mexico. Suspension agreements might be an effective tool for products that can be kept in storage until market conditions improve, but for highly perishable items like fresh tomatoes, there is just too much incentive to evade the reference prices when markets are oversupplied.”
  • The Florida Tomato Exchange also cited the following statistics: “In 1994, the year NAFTA was signed, American tomato farmers supplied about 80 percent of the U.S. market; Mexico accounted for around 20 percent. Today, Mexico’s share of the U.S. market is almost 70 percent while U.S. producers have approximately 30 percent.”

Mexican President López Obrador picks new foreign affairs minister

• Mexican President Andrés Manuel López Obrador has named Alicia Bárcena to be the new Secretary of Foreign Affairs for Mexico following Marcelo Ebrard’s resignation to pursue a nomination for the Mexican presidency.
  • Alicia Bárcena is Mexico’s current Ambassador to Chile and served as Executive Secretary of the UN Economic Commission for Latin America and the Caribbean (ECLAC) between 2008 and 2022. President López Obrador reportedly touted her educational and professional background. Alicia Bárcena studied biology at Universidad Nacional Autónoma de México and received a Master’s in Public Administration at Harvard.

Indo-Pacific Economic Framework

The fourth IPEF round is slated for July in South Korea

• Last week the Office of USTR confirmed that the U.S. (USTR and Department of Commerce) would lead a U.S. delegation to engage in the fourth IPEF round of trade talks in Busan, South Korea from July 19-25. The U.S. interagency delegation will be co-led by Sarah Ellerman, IPEF Pillar I Chief Negotiator and Assistant United States Trade Representative for Southeast Asia and the Pacific (Acting), and Sharon H. Yuan, U.S. Department of Commerce Counselor and Chief Negotiator for Pillars II-IV, according to a USTR statement. Additional details on the fourth round are expected at a later date.
  • Recall that on May 27 the U.S. hosted delegates from 13 IPEF countries in Detroit, MI for the IPEF ministerial led by Commerce Secretary Gina Raimondo and U.S. Trade Representative Katherine Tai. Prior rounds were held in Brisbane, Australia (round one, Dec. 10-12, 2022), followed by a special negotiating round on Pillars II-IV in New Delhi, India (Feb. 8-11, 2023), Bali, Indonesia (round two, Mar. 13-19, 2023) and Singapore (round three, May 8-15, 2023).
  • The IPEF negotiating countries besides the U.S. include Australia, Brunei Darussalam, Fiji, India, Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. Notably, India opted out of negotiations on the trade pillar.

U.S. – China

House legislation seeks higher restrictions on foreign farmland purchases

• A provision in the Build It In America Act (H.R. 3938) would raise the excise tax to 60% for foreign entities “of concern,” namely China, Russia, Iran, North Korea, Cuba, and Venezuela when purchasing U.S. farmland. The provision, pushed by several Republican Members, and House Ways and Means Committee leadership elevates actions to curtail foreign control of U.S. agricultural land. U.S. adversaries are attempting to secure access to agricultural products by, “quietly acquiring U.S. farmland,” reads a summary statement accompanying the legislation from the Committee, chaired by Jason Smith (R-MO). The summary statement goes on to cite that, “China’s reported holdings of farmland are said to be 384,000 acres and that acreage has grown by more than 50 percent since 2019.”
  • The tax would apply when the buyer is a citizen of a country of concern or a private business entity that is 10% or more owned by a citizen or business entity domiciled in a country of concern. It could be prorated for companies owned less than 50% by a company domiciled in, or resident of, a country of concern.
  • China is estimated to hold ownership in less than 1% of U.S. farmland — about 384,000 acres, compared to Canada, the largest foreign holder at 31% (or 12.8 million acres), according to a December 2021 USDA report. On June 13, the House Committee on Ways and Means held a markup and passed The Build It in America Act, according to the Committee’s website.

Blinken and Xi hold a candid discussion

• Outcomes from the highly anticipated meeting between the U.S. Secretary of State Antony Blinken and Chinese President XI Jinping suggest a renewed effort for bilateral dialogue and a modest thawing of diplomatic tensions. Blinken reported that the two officials held a “very candid, very in-depth” discussion on several divisive issues including the war in Ukraine, Taiwan, and human rights. Chinese press reports that Xi reiterated that China, “respects the interests of the United States and will not challenge or replace the United States,” but that the U.S., “must also respect China and not harm China’s legitimate rights and interests,” according to the Washington Post. It’s unclear whether the leaders discussed trade tensions. Congress and the Biden Administration have pursued actions to counter China’s economic policies that many assert run afoul of the rules-based trading system.
  • During the trip to Beijing, Secretary Blinken also held “constructive” talks with China’s State Councilor and Foreign Minister Qin Gang. Secretary Blinken said that the, “United States will always stand up for the interests and values of the American people and work with its allies and partners to advance our vision for a world that is free, open, and upholds the international rules-based order,” according to a State Department readout of the meeting.

Food Security

Global food prices ease in May

• The Food and Agriculture Organization’s (FAO) Food Price Index averaged 124.3 points in May, down 3.4 points or 2.6% compared to one month earlier. May’s index continued a longer-term decline and was 35.4 points lower (22.1%) from the all-time high reported in March 2022. Significant declines in vegetable oils, cereals, and dairy were partially offset by increases in the sugar and meat price indices, according to the FAO. Other highlights from the report include:
  • The Vegetable Oil Price Index, “averaged 118.7 points in May, down 11.3 points (8.7 percent) month-on-month and standing as much as 48.2 percent below its year-earlier level. The continued decline in the index reflected lower world prices across the palm, soy, rapeseed, and sunflower oils. International palm oil prices fell markedly from April, as protracted weak global import purchases coincided with expectations of rising outputs in major producing countries.”
• • The Cereal Price Index, “averaged 129.7 points in May, down 6.5 points (4.8 percent) from April and as much as 43.9 points (25.3 percent) below its record-high value one year ago. International wheat prices declined by 3.5 percent month-on-month, reflecting prospects for ample global supplies in the upcoming 2023/24 season and the extension of the Black Sea Grain Initiative. World maize prices fell by 9.8 percent in May.”
• • The Dairy Price Index, “averaged 118.7 points in May, down 3.9 points (3.2 percent) from April and standing 25.5 points (17.7 percent) below its corresponding value in 2022. The decline in May was led by a steep drop in international cheese prices, principally due to ample export availabilities, including from inventories, amid seasonally high milk production in the northern hemisphere. Following 10 monthly consecutive declines, international price quotations for milk powders rebounded, reflecting an upturn in purchases by North Asian buyers and seasonally falling milk supplies in Oceania.”
• • The FAO Sugar Price Index, “averaged 157.6 points in May, up 8.2 points (5.5 percent) from April, marking the fourth consecutive monthly increase, and as much as 37.3 points (30.9 percent) above its value a year ago. Rising concerns over how the development of the El Niño phenomenon may affect the 2023/24 crops, together with lower-than-earlier-expected global availabilities in the 2022/23 season, triggered the increase in international sugar prices in May.”
• • The FAO Meat Price Index, “averaged 117.9 points in May, up 1.1 points (1.0 percent) from April, marking the fourth consecutive monthly increase, but still 5.0 points (4.1 percent) below its value in the corresponding month last year. International poultry meat prices increased further in May, driven by the continued high import demand, especially from Asia, and some concerns over potential short-term supply challenges due to widespread avian flu outbreaks.”

U.S. Grocery food prices see a minor increase in May

• New data from the Bureau of Labor Statistics shows overall inflation eased for the 11th straight month, with overall prices rising 4% when compared to a year prior. The Consumer Price Index (CPI) rose only 0.1% in May, lower than the 0.4% increase in April. The food price index increased slightly by 0.2% in May, with grocery food prices increasing by 0.1%. Food price inflation remains more significant than overall inflation at 6.7% higher than a year prior.
  • The increase in grocery prices in May can be attributed to three of the six major grocery store food groups. Increases were seen in certain groups such as fruits and vegetables, 1.3%, and nonalcoholic beverages, 0.7%. There was a decrease in meats, poultry, fish, and eggs of 1.2%, as the index for eggs fell 13.8%. This was the largest monthly decrease in the egg index since January 1951. The cereal and bakery product index did not change in May.

Drought in Great Plains hurts wheat crops, farmers

• Approximately a third of winter wheat in the U.S. is expected to be abandoned due to drought in the Great Plains, according to a report by the Wall Street Journal. This constitutes the, “highest rate of abandonment since 1917, exceeding the rate of wheat abandoned during the 1930s Dust Bowl.” This still leaves enough wheat for the domestic market. However, “volatile world market conditions have motivated U.S. mills to import wheat for flour,” greatly impacting domestic wheat farmers.

U.S. – Taiwan

House Ways and Means approves Taiwan deal, asserts Congressional authority

• United States-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act (H.R. 4404). This legislation approves President Biden’s recent trade deal with Taiwan and requires the Administration to seek Congressional approval for future rounds of agreements with Taiwan, according to a Politico report. The legislation confirming Congress’ role in trade was drafted with bicameral and bipartisan support, manifesting increasing frustrations in Congress with the Biden Administration’s engagement with lawmakers on trade deals.
  • “In addition to being required by the Constitution, a Congressional vote will make sure these trade agreements are in the best interest of American workers, families, farmers, and small businesses. Congress will only approve trade agreements that put American workers and families first and foremost,” said Committee Chairman, Jason Smith (R-MO) in opening remarks at the markup session.
  • Following the unanimous vote, Smith said in a statement, “What’s particularly encouraging about this legislation is that it represents a bipartisan effort to reassert Congress’s constitutional authority. I am proud to join Democrats and Republicans in both the House and Senate in leading this effort. When it comes to trade, we are speaking with one voice that this Administration, or any future Administration for that matter, must not circumvent Congress or the Constitution, and that the President does not have the authority to bind the United States in trade agreements without congressional involvement and approval.”
• Recall that U.S. and Taiwanese officials recently signed components of a trade deal made through the U.S.-Taiwan Initiative on 21st-Century Trade. This included chapters on customs administration and trade facilitation, good regulatory practices, services domestic regulation, anti-corruption, and small- and medium-sized businesses.

Supply Chains

Tentative union deal reached West Coast ports

• Following weeks of escalating tensions in contract negotiations for West Coast port and dockworkers, a tentative deal was announced on Wednesday, June 14. The protracted labor contract negotiations between the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) had caused major disruptions to cargo activity at West Coast ports and garnered the attention of the White House. The tentative contract deal ends the threat of operational disruptions at major West Coast ports vital to the United States’ ability to conduct international trade.
• The deal would reportedly give dockworkers a 32% raise and $70 million in bonus pay. The tentative contract calls for a $4.62 an-hour raise (10%) in year one, coupled with a $2 increase in subsequent years. In recognition of working through the COVID-19 pandemic, dockworkers would receive a separate payment from a “hero-bonus” of $70 million. The wage increases are retroactive to July 1, 2022, to coincide with the expiration of the prior multi-year contract.
  • PMA President James McKenna and ILWU President Willie Adams released a joint statement saying, “We are pleased to have reached an agreement that recognizes the heroic efforts and personal sacrifices of the ILWU workforce in keeping our ports operating. We are also pleased to turn our full attention back to the operation of the West Coast Ports.” The agreement would last six years and was reached with the assistance of Acting Labor Secretary Julie Su.
  • President Biden released the following statement lauding the agreement: “As I have always said, collective bargaining works, and I congratulate both parties at the ports for reaching an agreement. I want to thank Acting Labor Secretary Julie Su who used her deep experience and judgment to keep the parties talking, working with them to reach an agreement after a long and sometimes acrimonious negotiation. Above all I congratulate the port workers, who have served heroically through the pandemic and the countless challenges it brought, and will finally get the pay, benefits, and quality of life they deserve. Julie Su has proven herself time and time again, both as Deputy Secretary working closely with Secretary Marty Walsh – and now as a leader who helped assure that our supply chains remain strong for America’s businesses, farmers, and working families.”
  • Leading up to this deal, cargo activity at major west coast ports was disrupted due to union action. The disruptions ranged from vacated shifts for longshoremen to insufficient dock worker crews which resulted in multiple delays across west coast ports, particularly at the ports of Los Angeles and Long Beach.

Trade Policy

Ambassador Tai gives a speech outlining the Administration’s trade policy

• USTR Katherine Tai gave a speech at the National Press Club as a part of an event hosted by the Open Markets Institute. The speech largely focused on supply chain breakdowns and highlighted the Administration’s trade policy of focusing on American producers instead of overall efficiency gains. Ambassador Tai criticized prior trade policy, arguing it had a, “narrow focus on benefits for consumers.”
  • While describing this shift in trade policy to focus on American producers and workers, Ambassador Tai said, “The traditional trade policy approach historically focused on providing benefits for our biggest companies, on the theory that those benefits would necessarily trickle down to our workers, small businesses, and communities. But over time, what we have seen is that these benefits do not trickle very far down. That is why a key part of my approach is to put the U.S. back into USTR—traveling throughout the country, meeting with smaller companies and entrepreneurs, and diversifying our advisory system.”
  • Ambassador Tai also stated, “We want to make it easier for our smaller companies to thrive, to grow into medium businesses, and to get started in the first place. Our administration has placed an enormous emphasis on creating opportunities in our domestic market through a clear and focused competition policy agenda. Healthy competition is key not only to maintaining vibrancy and innovation in our economy but also to promoting democracy. Trade policy has an important role to play in this regard.” She followed this by briefly mentioning agriculture saying that small farmers, “have told us that their biggest challenge is not necessarily tariffs—but whether they can access a foreign market at all, often because of a lack of transparency in how rules are administered. So, we are focused on making it easier for small businesses to participate in trade.”

USTR seeks comments on inclusive, worker-centered trade policy

• The Office of the United States Trade Representative (USTR) launched a public comment process via Federal Register Notice (FRN) seeking input and recommendations on, “how all U.S. trade and investment policy actions, including responsible business conduct, could advance racial and gender equity and support for historically underserved communities.” The agency said that, “Consistent with USTR’s Strategic Plan and the President’s Trade Agenda, the inclusive trade FRN requests public guidance on U.S. trade policy, actions, tools, resources, best practices, structures, and capacity to develop to advance equity. It also questions whether there are policies, provisions, or actions that are detrimental to advancing equity.” The 60-day public comment period closes on Aug. 11.

Senators introduce carbon emission bill on domestic and foreign products

• Senators Chris Coons (D-DE) and Kevin Cramer (R-ND) recently proposed legislation directing the Biden Administration to examine the emissions intensity of U.S. and foreign manufacturing of certain goods. In a statement, Senator Coons said the bill will, “provide reliable data that’s needed to quantify the climate benefits of the United States’ investments in cleaner, more efficient manufacturing practices and to hold nations like China accountable for their emissions-heavy production of goods like steel.”
  • The bipartisan Providing Reliable, Objective, Verifiable Emissions Intensity and Transparency (PROVE IT) Act requires the Energy Department, in partnership with the Office of the U.S. Trade Representative, the Commerce Department, and other agencies, to, “conduct a comprehensive study comparing the emissions intensity of certain goods produced in the United States to the emissions of those same goods produced in the other countries,” and would provide the necessary data to potentially push for other trade partners with lax emissions standards to pursue more climate-friendly production practices to gain access to the U.S. market for certain products, such as steel, aluminum, cement, lithium-ion batteries, solar cells and panels, and critical minerals, among others listed in the legislation.
  • Supporters of the bill said the carbon intensity data produced through the requested study is an important tool, “in addressing climate through trade policy, leveling the playing field for domestic producers and manufacturers who are forced to compete against rivals with little to no standards,” according to the statement. Senate Finance Committee members Sheldon Whitehouse (D-RI) and Bill Cassidy (R-LA) as well as Senators Angus King (I-ME), Lisa Murkowski (R-AK), Martin Heinrich (D-NM), Lindsey Graham (R-SC) and John Hickenlooper (D-CO) co-sponsored the bill.
• Recall that USTR Ambassador Katherine Tai separately requested the United States International Trade Commission (USITC) examine and produce a public report analyzing the greenhouse gas (GHG) emissions intensity of steel and aluminum produced in the United States, which will help to inform discussions with the European Union (EU) regarding the Global Arrangement on Sustainable Steel and Aluminum (Global Arrangement), according to a USTR statement.
  • That study request relates to the joint EU and U.S. commitment to negotiate a, “global arrangement to address carbon intensity and global overcapacity,” stemming from the bilateral understanding to eliminate section 232 steel and aluminum tariffs imposed under the Trump Administration and retaliatory tariffs implemented by the EU.

WTO

The Netherlands contributes €1 million to WTO Fisheries Funding Mechanism

• The Government of the Netherlands joined an expanding group of WTO members adding funds to the WTO Fisheries mechanism to assist developing members and least-developed country members in implementing the Agreement on Fisheries Subsidies. Last week, the Netherlands contributed €1 million to the WTO Fisheries Funding Mechanism. Dutch Ambassador Paul Bekkers presented the contribution to WTO Director-General Ngozi Okonjo-Iweala. Bekkers said, “Disciplining harmful fisheries subsidies is an important element in our efforts to maintain healthy fish stocks. The fisheries subsidies agreement reached at the 12th Ministerial Conference of the WTO is a significant step towards this. With the Netherlands’ contribution of EUR 1 million, we aim to support quick ratification and implementation of the agreement, and the rapid conclusion of a second comprehensive agreement.” The action follows the Government of Australia’s contribution a week earlier of AU$ 2 million to assist the fisheries funding mechanism.