Much Ado About Nothing
Thursday, January 26th, 2012The State of the Union was kind of an anti-climax for international traders. President Obama didn’t enlighten us further on his trade reorganization plans, made several populist references to the adverse impact of trade with China, and proposed a new organization to ensure that foreign governments play nicely in the trade sandbox. And his speechwriter is smoking some really good stuff if he truly believes that the tire tariffs directed at China saved a thousand American jobs. All the evidence is that China may have lost some jobs and that producers of other low-cost foreign tires probably benefited. American are now paying higher prices for tires than they were before the tariffs.
Tonight, I’m announcing the creation of a Trade Enforcement Unit that will be charged with investigating unfair trading practices in countries like China. (Applause.) There will be more inspections to prevent counterfeit or unsafe goods from crossing our borders. And this Congress should make sure that no foreign company has an advantage over American manufacturing when it comes to accessing financing or new markets like Russia. Our workers are the most productive on Earth, and if the playing field is level, I promise you -– America will always win. (Applause.)
Either this is a clumsy attempt to get the anti-China forces off the President’s back, or the White House is blissfully unaware that the U.S. Government is already loaded with agencies whose task is to make sure that other countries behave as we think they should. (There are no agencies, however, to make sure that we behave in ways that we think others should.) I suspect the intent is to assuage the China bashers, but raising it implies that the federal government hasn’t being doing its job. In fact, the job of making sure that others comply with agreements has been a major thrust of administrations of either party for decades.
The Office of the U.S. Trade Representative oversees the Section 301 process, which refers to Section 301 of the Trade Act of 1974 – so it has been around for a while. In fact, it is our basic procedure for bringing and resolving international trade disputes. The whole of USTR is effectively a Trade Enforcement Unit.
So is the International Trade Commission, which is directed to “administer U.S. trade remedy laws … in a fair and objective manner“. It has been doing that job since 1916.
Less known is the Commerce Department’s Market Access & Compliance unit, specifically established to “defend, expand and promote market access for U.S. goods, services, and investment abroad“.MAC executes this mission in two principal ways: 1) by developing specific and tailored country engagement strategies; and 2) by pursuing a range of cross-cutting policy initiatives to address international market access challenges, such as corruption, failure to enforce intellectual property rights, and discriminatory standards and regulations that unfairly restrict American exports.
Seems to me that we already have plenty of Trade Enforcement Units. Barry, did Punahou teach you what a “shibai” is?



