Tag: USMCA

  • Canadian Plan for USMCA Compliance a ‘Nonstarter’

    On March 2nd, the Government of Canada published its plans for complying with U.S. Mexico-Canada Agreement (USMCA) tariff-rate quota (TRQ) commitments after a USMCA dispute panel found them non-compliant in January.

    Michael Dykes, D.V.M., president and CEO of the International Dairy Foods Association (IDFA), said the Canadian plan is a nonstarter. “The plan makes true access to the Canadian market unattainable through a series of gimmicks. It comes as no surprise that Canada is unwilling to reform their trade-distorting practices on dairy.”

    The plan makes minimal changes and continues to fall well short of Canada’s USMCA commitments, adding distributors as eligible applicants and allocating based on market share. IDFA remains deeply concerned that these proposed changes will continue to have the same outcome as the previous policy and market access will not be obtained.

    From the onset of USMCA implementation, IDFA has sought the reform of Canada’s TRQ administration by seeking an administration that does not have layers of overly prescriptive rules that distort the market and prevents U.S. dairy exporters from having full access to the quotas Canada agreed to in the USMCA. Canada’s announced consultations on Wednesday fall well short of true reform.

    IDFA will continue advocating for Canadian TRQ administration reform that facilitates the market access commitments in the USMCA Agreement and will continue collaborating with the U.S. Government to support their negotiation of an acceptable outcome for the USMCA TRQ dispute.

    “We continue to support our U.S. Government colleagues in ensuring Canada is fully meeting all of its commitments under USMCA,” said Dykes.

    The International Dairy Foods Association (IDFA), Washington, D.C., represents the nation’s dairy manufacturing and marketing industry, which supports more than 3.3 million jobs that generate $41.6 billion in direct wages and $753 billion in overall economic impact. IDFA’s diverse membership ranges from multinational organizations to single-plant companies, from dairy companies and cooperatives to food retailers and suppliers, all on the cutting edge of innovation and sustainable business practices. Together, they represent 90 percent of the milk, cheese, ice cream, yogurt and cultured products, and dairy ingredients produced and marketed in the United States and sold throughout the world. Delicious, safe and nutritious, dairy foods offer unparalleled health and consumer benefits to people of all ages.

  • CA Dairy Producer Urges US to Emphasize Trade in Congressional Hearing

    National Milk Producers Federation (NMPF) First Vice Chairman and U.S. Dairy Export Council (USDEC) board member Simon Vander Woude encouraged the U.S. government to prioritize expanded market access opportunities for U.S. dairy exports at a House Subcommittee for Livestock and Foreign Agriculture hearing today focused on trade policies and priorities.

    Vander Woude and his wife, Christine, operate a 3,200-head dairy in Merced, CA. He also serves as Chairman of the Board of Directors of California Dairies, Inc. (CDI), the largest dairy farmer-owned cooperative in California and the second largest in the United States. With sixty percent of the cooperative’s milk powder sold to foreign markets, CDI’s 360 family-owned dairy farms strongly rely on U.S. trade policy tools to keep export markets for their products open and growing.

    “I thank Chairman Costa and Ranking Member Johnson for the opportunity to testify today about U.S. trade policies and priorities impacting the U.S dairy industry. Despite all the growth and success the dairy industry has enjoyed on the export front over the past two decades, we could be doing even better with a level playing field,” said Vander Woude. “While trade is all too often disparaged in this country and its benefits sold short, our competitors are busy forging new agreements. We farmers need a proactive trade policy to keep pace and continue to increase sales to support the good farm and manufacturing jobs our industry creates.”

    Vander Woude stressed in his testimony the urgency of expanding access to key dairy markets like the UK, Asia (Japan, Southeast Asia, China) and the Middle East to catch up with dairy competitors whose countries have aggressively sought trade agreements over the past decade. Vander Woude also highlighted other policy priorities significantly impacting U.S. dairy operations, including the current supply chain crisis, securing long-term relief from Chinese retaliatory tariffs, and implementation and enforcement of existing trade agreements, including USMCA.

    “As Simon outlined so well to the House Livestock and Foreign Agriculture subcommittee today, exports are essential to the health of dairy farmers and to our wider industry,” said Jim Mulhern, NMPF president and CEO. “New access into markets like Canada and Japan last year was a welcome first step, but still far less than what our farmers need to remain competitive globally. The United States needs to begin moving forward again with trade agreements and other policies that expand foreign market opportunities to help family dairy farms thrive and support the thousands of jobs that depend on dairy across this country.”

    “Sound trade policy that opens doors for American-made products takes time to negotiate and the time is ripe for laying that foundation,” said Krysta Harden, USDEC president and CEO. “With the administration and Congress having charted progress on many domestic priorities, now is the time for the U.S. government to take a proactive approach to tearing down both tariff and nontariff trade barriers. We also need forward-looking solutions to the nation’s supply chain issues that are hindering U.S. exports, particularly in markets where America’s farmers are at a disadvantage to our competitors.”

    The National Milk Producers Federation, based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce more than two-thirds of U.S. milk, making NMPF dairy’s voice on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

    The U.S. Dairy Export Council (USDEC) is a non-profit, independent membership organization that represents the global trade interests of U.S. dairy producers, proprietary processors and cooperatives, ingredient suppliers and export traders. Its mission is to enhance U.S. global competitiveness and assist the U.S. industry to increase its global dairy ingredient sales and exports of U.S. dairy products.

  • Dairy Industry Urges Renewal of Trade Promotion Authority

    To foster further expansion of U.S. dairy exports, the National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) called upon the Biden Administration to seek renewal of Presidential Trade Promotion Authority (TPA) following its expiration today.

    TPA lays out congressional expectations for trade agreements negotiated by the Administration and establishes a clear pathway for straightforward congressional input. To remain globally competitive, future trade agreements are vital for U.S. dairy farmers, workers, and manufacturers.

    The call for renewal comes on the one-year anniversary of the U.S.-Mexico-Canada Agreement (USMCA), enacted with the help of TPA. For dairy, USMCA provisions established improvements to market access in Canada and set clear standards for trade with Mexico.

    USMCA also established procedures to enforce the agreement. In May, U.S. Trade Representative Katherine Tai initiated a dispute settlement proceeding over Canada’s administration of dairy tariff rate quotas (TRQs) in order to preserve the market access expansion negotiated in the agreement. The U.S. dairy industry continues to monitor implementation of other key USMCA areas as well such as Canada’s Class 7 disciplines on dairy exports and Mexico’s trade-distorting regulatory proposals.

    “As we celebrate the one-year anniversary of USMCA today, it’s heartening that the Biden Administration has already sent a signal to our trading partners that its terms must be upheld by launching a dispute settlement case to defend U.S. dairy market access rights in Canada,” said Jim Mulhern, President and CEO of NMPF.

    “If properly implemented, USMCA is a positive step in the right direction. But it is not enough alone for U.S. dairy farmers and cooperatives to keep pace in global markets. By standing still, we slip further backward as competitors in Europe and New Zealand advance their own trade agreements with key markets. A forward-leaning trade agenda focused on expanding export opportunities for Made-in-America products is critical to dairy farmers. TPA is a vital tool in that process.”

    USDEC President and CEO Krysta Harden also stressed the importance of TPA for exports.

    “Foreign markets are crucial to the health and prosperity of America’s dairy farmers and processors,” said Harden. “One in six gallons of U.S. milk is destined for export, meaning that our ability to retain foreign customers in an increasingly competitive global dairy market is absolutely essential to farmers and dairy manufacturing facilities employing workers here at home.

    “To accomplish that, we need to catch up with trading partners who have been speeding ahead with trade deals that give them a leg up over us in foreign markets. USMCA is an example of how TPA can help the U.S. expand trade opportunities, but that is only one advancement among many that are needed,” Harden continued. “Renewing our commitment to the global community and restoring American leadership starts with renewing TPA, so that U.S. dairy can realize new opportunities in places such as southeast Asia, Africa, South America and the UK.”

    In comments to the U.S. International Trade Commission last year, NMPF and USDEC note that free trade agreements yield significant benefits for dairy farmers and manufacturers alike. Free Trade Agreements have increased U.S. dairy exports by $2.14 billion and the equivalent of 1.4 billion gallons of milk translating to $17 billion in additional dairy farmer revenue.

    The National Milk Producers Federation, based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce more than two-thirds of U.S. milk, making NMPF dairy’s voice on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

    The U.S. Dairy Export Council (USDEC) is a non-profit, independent membership organization that represents the global trade interests of U.S. dairy producers, proprietary processors and cooperatives, ingredient suppliers and export traders. Its mission is to enhance U.S. global competitiveness and assist the U.S. industry to increase its global dairy ingredient sales and exports of U.S. dairy products.

  • Dairy Industry Applauds USTR Decision to Pursue USMCA Dispute Settlement Case Enforcing Dairy Market Access Obligations in Canada

    The U.S. Dairy Export Council (USDEC), National Milk Producers Federation (NMPF) and International Dairy Foods Association (IDFA) praised U.S. Trade Representative Katherine Tai announced initiation of a U.S.-Mexico-Canada Agreement (USMCA) dispute settlement proceeding over Canada’s administration of dairy tariff rate quotas (TRQs).

    Dairy organizations have been calling for full enforcement of Canada’s trade obligations given Canada’s ongoing refusal to change how it handles dairy market access under USMCA. Initiating an official dispute settlement will, under USMCA rules, establish a panel to determine whether Canada has been violating its trade obligations. If the panel determines a lack of compliance, the U.S. would then be granted the right to impose retaliatory duties if Canada fails to fix its problematic TRQ administrative practices.

    “On behalf of America’s dairy farmers, we thank Ambassador Katherine Tai for initiating the USMCA dispute settlement process by requesting the formation of a panel to examine Canada’s failure to provide access to its dairy TRQs in accordance with USMCA,” said Jim Mulhern, NMPF President and CEO. “Canada has failed to take the necessary action to comply with its obligations under USMCA by inappropriately restricting access to its market. This needs to stop and we are thankful that USTR intends to make that happen.”

    “Our appreciation goes to the Biden Administration for moving forward with a dispute settlement action against Canada’s administration of dairy TRQs,” said Krysta Harden, USDEC President and CEO. “We have had long-standing and well-founded concerns that Canada undermines its trade agreements when it comes to dairy. Our trading partners need to know that failure to meet their agricultural trade commitments with the United States will result in robust action to defend U.S. rights – today’s action demonstrates just that. The expansion of dairy market access opportunities is critical for our industry. Today’s action is a critical step toward maximizing current export opportunities while sending a strong message in defense against the erection of future barriers in Canada and other markets as well.”

    “Our negotiators and our dairy companies work too hard for the market access obligations in these agreements to be ignored,” said IDFA Trade Policy and International Affairs Vice President Becky Rasdall. “We’re indebted to Ambassador Tai and the teams at USTR and USDA for their efforts to advance this dispute.”

    These dairy organizations have carefully monitored Canada’s actions regarding its USMCA dairy commitments and have urged the administration and Congress to make this a priority as soon as USMCA entered into force. The organizations highlighted for USTR and the U.S. Department of Agriculture the inconsistencies between Canada’s dairy TRQ allocations and Canada’s USMCA obligations. In a detailed filing submitted to the administration, agencies were provided with a specific review of the Canadian TRQ system and an explanation of the negative impacts resulting from them.

    U.S. Trade Representative Katherine Tai

    These concerns have been echoed by a broad bipartisan coalition of members of Congress. Most recently, several leading members of the House Ways and Means and Agriculture Committees joined together on a bipartisan message to USTR urging further enforcement action and multiple members of Congress shared a similar message during Amb. Tai’s trade oversight hearings in May. Prior to that, Senators broached the topic with USTR during Ambassador Tai’s confirmation hearing process. Last August, 104 Representatives sent a letter to USTR and USDA asking for Canada to be held accountable to its trade promises while a letter in the Senate was signed by 25 Senators. USDEC, NMPF and IDFA commend the continued engagement of so many members of Congress on this important issue.

  • First-Ever USMCA Enforcement Action on Behalf of Dairy Farmers to Hold Canada Accountable for Undermining Value

    United States Trade Representative Robert E. Lighthizer announced today that the United States is exercising its rights under the United States-Mexico-Canada Agreement (USMCA) to address measures adopted by the Government of Canada that are contrary to the provisions of the agreement and harm U.S. dairy farmers.  Specifically, the United States is challenging Canada’s allocation of dairy tariff-rate quotas (TRQs).  By setting aside and reserving a percentage of each dairy TRQ exclusively for processors, Canada has undermined the ability of American dairy farmers and producers to utilize the agreed-upon TRQs and sell a wide range of dairy products to Canadian consumers.    

    “President Trump successfully renegotiated the USMCA to replace the failed NAFTA, and a key improvement was to give U.S. dairy producers fairer access to Canada’s highly protected dairy market,” said Ambassador Lighthizer.  “Canada’s measures violate its commitments and harm U.S dairy farmers and producers.  We are disappointed that Canada’s policies have made this first ever enforcement action under the USMCA necessary to ensure compliance with the agreement.  This action demonstrates that the United States will not hesitate to use all tools available to guarantee American workers, farmers, ranchers, and businesses enjoy the benefits we bargained for.”

    Ambassador Lighthizer provided official notice to Canada that it was exercising its rights to enforce the USMCA in a letter to Canada’s Minister of Small Business, Export Promotion and International Trade Mary Ng.  If the United States and Canada are not able to resolve the United States’ concerns through consultations, the United States may request the establishment of a USMCA dispute settlement panel to examine the matter.

    Background

    As defined in the USMCA, a TRQ is “a mechanism that provides for the application of a preferential rate of customs duty to imports of a particular originating good up to a specified quantity (in-quota quantity), and at a different rate to imports of that good that exceed that quantity”.  Under the USMCA, Canada has the right to maintain 14 TRQs on dairy products, including milk, cream, skim milk powder, butter and cream powder, industrial cheeses, cheeses of all types, milk powders, concentrated or condensed milk, yogurt and buttermilk, powdered buttermilk, whey powder, products consisting of natural milk constituents, ice cream and ice cream mixes, and other dairy.

    In notices to importers that Canada published in June and October for dairy TRQs, Canada sets aside and reserves a percentage of the quota for processors and for so-called “further processors”, contrary to Canada’s USMCA commitments.  This restriction undermines the value of Canada’s TRQs for U.S. producers and exporters by limiting their access to in-quota quantities negotiated under the USMCA.

    A copy of the consultation request can be found here.

  • Forces That Will Shape the U.S. Rural Economy

    CoBank Releases 2019 Year Ahead Report – Confluence of Key Factors Suggest Downside Economic Risk

    The U.S. economy is still performing well by most key measures. However, consumers, investors, companies and other market participants have become more wary about the near-term future with seemingly good reason. Global and U.S. economic prospects are weakening and the agricultural economy shows few signs of an imminent comeback, according to a comprehensive 2019 outlook report from CoBank’s Knowledge Exchange Division.

    “Trade uncertainty, rising debt levels and market volatility are threatening to derail the global economy and creating difficult operating environments for U.S. agriculture,” said Dan Kowalski, vice president of CoBank’s Knowledge Exchange Division. “Trade is the outsized risk. Unresolved disputes with Mexico, Canada, Europe and China are the greatest collective threat to the U.S. economy in 2019.”

    The CoBank outlook report examines 10 key factors that will shape agriculture and markets sectors that serve rural communities throughout the U.S.

    Global Economy: Trade-Induced Slowdown to Hit U.S Shores

    The global economy is slowing and the effects will spread to U.S. shores in 2019. World economic output hit an 8-year high in 2018, powered by both advanced economies and emerging markets. But challenges mounted in late 2018 and risks are decisively weighted to the downside for the coming year. Trade is the biggest risk, as the world’s two largest economies test each other’s willingness to accept economic pain. Trade policy between the U.S. and China will remain the leading risk to the global economy. The rising of debt levels is another undercurrent that threatens to derail the global economy. Total global debt levels (all public and private debt) are now more than three times greater than in 2001.

    U.S. Economy: Slowing Growth, Accelerating Risk

    The U.S. economic expansion is set to become the lengthiest in history this summer. But clouds forming on the horizon suggest more modest growth in 2019 and greater concerns for 2020. Therefore, we can expect a delicate balance of consumer strength to offset a slowing housing market and weaker business investment to keep the U.S. economy growing between 1.75 and 2.25 percent in 2019.

    Monetary policy: Thinning Margin for Error
    The world’s largest economies were widely expected to grow in concert in 2018. That growth did not materialize. As a result, the major central banks are now attempting to guide their economies through very different stages of the economic recovery. Japan is committed to stimulating its economy for the foreseeable future. The European Central Bank will not raise interest rates until at least the third quarter of 2019. China’s economy is slumping and its central bank has indicated that it’s ready to loosen monetary conditions as needed. Gross domestic product forecasts have been cut over the past month amidst a darkening outlook for the U.S. and Chinese economies. If this slowing materializes, it will become very difficult for the Federal Reserve to raise rates this year absent a spike in inflation.

    U.S. Government: Split Congress, More Opposition

    With a split Congress, finding consensus over the next two years to move large legislation will be difficult, but there are reasons for managed optimism. One of the final bills out of the 115th Congress reauthorized the Farm Bill. HR 2 passed the Senate and the House by very large bipartisan margins, showing that Congress can still work together when there is strong constituent support and engagement on an issue. The Administration’s efforts on trade have many in agriculture nervous. The agriculture industry will be very focused on the need to get the United States-Mexico-Canada Agreement (USMCA) completed. Further, it is imperative that the U.S. negotiates a resolution to the trade dispute with China and reach successful conclusion to conversations with Japan, the EU and a post-Brexit U.K. There is work needed to re-establish these major trade relationships before any further damage is done to U.S. agriculture.

    U.S. Farm Economy: Higher Costs and Debt to Hamstring Producers

    With agricultural commodity markets depressed by global supply abundance and ongoing trade disputes, farmers and ranchers face the arduous task of cutting production costs. However, continually rising costs in agriculture are expected to squeeze producers, causing further margin erosion and financial stress in 2019. Farmers should not bank on a fourth consecutive year of above-trend crop yields to make up for low commodity prices and rising costs. To steady the agricultural economy, and boost revenues, the sector is dependent on substantive breakthroughs in trade policy. Strong land values remain the positive for farmers and ranchers, although land values could face downward pressure.

    Ag Trade Policy: Seeking Resolution

    Ongoing tariffs and trade negotiations continue to hang over the U.S. ag economy with no clear sign of resolution, clouding agriculture’s trade outlook for 2019. Three significant trade-related issues must be solved this year to restore some normalcy to agricultural markets: Legislative approval of USMCA, removal of the steel and aluminum retaliatory tariffs and substantive improvement of trade relations with China. Progress in negotiations on all fronts is likely to be slow, which spells more pain for months to come. As a result of the trade war, the value of total U.S. agricultural exports in 2019 is expected to fall to $141.5 billion, down $1.9 billion from 2018, according to the Department of Agriculture’s (USDA) latest projections.

    Grain, Farm Supply and Biofuels: The Rise of Competition

    2019 will be a year of new and intense competition for the grain, farm supply and biofuels sectors. These competitive changes will benefit a few while hurting many along the supply chain. The most impactful competitive pressure will come from outside the U.S. Global crop production has been increasing for decades, but abundant U.S. supplies and a protracted trade dispute with China has enhanced foreign opportunities. Brazil’s projected record crop, Argentina’s production rebound and continued agricultural expansion in Eastern Europe will further inundate a bloated market. Trade dynamics will also impact an ethanol industry that is already struggling. Large supplies have caused some producers to cut output amid negative margins. Competition will also increase in the farm supply sector, squeezing margins. Ag retailers will also face price hikes from a more concentrated supplier base.

    Dairy and Animal Protein: Output Grows Again

    In 2018, the U.S. animal protein sector began suffering from the same oversupply and weak margins that have plagued U.S. dairy producers since 2015. Despite the less favorable profitability environment, the protein and dairy sectors will continue to expand production in 2019, prolonging the margin squeeze.

    Of the three major animal protein species, beef appears to be weathering the animal protein oversupply situation best, with favorable fed cattle prices and historically high packer margins resulting from tight processing capacity. Conversely, the pork and poultry sectors reflect the impact of plant expansions which will deliver double-digit increases in processing capacity for both species by 2020.

    Rural Electricity: Data Analytics Become a Necessity

    2018 will go down as a turning point for the role data analytics will play in transforming the rural electric co-op industry. Optimization of the grid offers many benefits in cost savings and member relations. However, if co-ops do not harness the power of data to unlock value, third-party providers will step in to provide this service. Co-ops cannot afford to delay adopting strategies for a more distributed future that includes automated controls, tailored rate structures, enhanced customer engagement and sophisticated data analytics.

    Rural Communications: Electric Co-Ops Gain Appetite for Broadband

    Over the last few years, electric distribution cooperatives have been building fiber networks, causing some angst in the rural LEC community as they fear this will lead to increased competition. For 2019, rural America should expect to see a continuation of these network builds, but the risk of co-ops overbuilding in rural LEC markets is low. Their primary focus is to build networks in underserved markets for the benefit of their own operations, and their customers.

    Silver Lining

    The global and U.S. economic prospects are weakening, and the agricultural economy shows few signs of an imminent comeback. There are silver linings, however, and many of them hinge directly on the prospect of favorable trade developments, particularly with China.

    “There is a 50 percent probability that some form of a deal with be struck with China by the second quarter of 2019,” said Kowalski. “Also, there’s a 50 percent probability that most or all the tariffs will be lifted on U.S exports in the first half of the year. Should that scenario develop, our outlook will improve considerably.”

    The report, “The Year Ahead: Forces That Will Shape the U.S. Rural Economy in 2019” is available at cobank.com.