Regional Pacts Produce New Trade Patterns
Brenda A. JacobsMultilateral trade pacts may grab headlines, but regional trade pacts are having the greatest impact on corporate bottom lines.
Late this month, many international trade experts and globally minded businesses will have their eyes focused on the activities of the world's trade ministers, who are gathering in Seattle, WA, Nov. 30 to Dec. 3 to discuss the launching of a new round of multilateral trade negotiations.
However, all indications are that, particularly for textile and apparel products, regional trade arrangements, such as the North American Free Trade Agreement (NAFTA), are playing a far more significant role in business decisions and sourcing patterns than multilateral trade agreements, such as the 1994 Uruguay Round Agreement.
A review of NAFTA and the Uruguay round and coinciding trends in U.S. textile and apparel imports reveals how both agreements have impacted global sourcing decisions.
NAFTA Upstages Uruguay Round
The Uruguay Round Agreement, which involved about 100 countries and took eight years to complete, was not an insignificant accomplishment. After all, among its achievements was the negotiation of the Agreement on Textiles and clothing (ATC), under which the members of the world Trade Organization (WTO) have agreed to eliminate quotas on textile and apparel products among members as of Dec. 31, 2004. In the meantime, though, those quotas continue to apply to most textile and apparel trade and to hold back significant expansion of trade in these products.
Outside of quota elimination for WTO members, the Uruguay Round Agreement included minimal concessions for lowering apparel and textile duty rates. During the Uruguay Round negotiations, those against tariff reductions argued that the ATC's elimination of quotas ought to provide enough trade liberalization for the industry. As a result, the minor duty reductions included in the agreement will only lower most U.S. textile and apparel duty rates by 6 percent to 11 percent -- and less in some categories. For example, the duty rate on a pair of cotton woven trousers will be 16.6 percent by 2004, compared with 17.7 percent in 1994, while the duty on a wool pullover will be set at 16 percent in 2004, compared with 17 percent in 1994. (See Chart One.)
(As a general rule, in the developed countries, including the United States, the European Union, Canada and Japan, the duty rates for textiles and apparel remain about three times the levels of those on other products.)
NAFTA, on the other hand, has ushered in significant trade liberalization right out of the gate, although it was implemented only one year before the Uruguay Round Agreement and involved only three countries -- the United States, Canada and Mexico. The agreement soon will have eliminated most U.S. quotas on Mexican textile and apparel products (Canadian imports already enter the United States quota-free). More importantly, tariffs are being phased out quickly for qualifying products made in and moving among the three countries. [*] In many instances, such as for non-wool apparel, zero duty rates already are in place.
In the time the Uruguay Round Agreement and NAFTA have been in effect, it's clear that NAFTA has changed the course of U.S. market sourcing decisions. While neither Canada nor Mexico were major U.S. textile and apparel suppliers in the 1980s, now they are the No.1 and No. 2 largest suppliers, respectively. (See Chart Two and Chart Three.)
More than a Matter of Quotas
The absence of quotas on Canadian products and the limited number of quotas on Mexican products alone cannot explain this phenomenon. Their status as the top suppliers to the U.S. market is first and foremost testimony to the importance of duty rates.
All shipments of qualifying products from Canada are duty-free, and since Jan. 1, 1999, many textile and apparel products from Mexico are also duty-free. For all other suppliers of these products to the U.S. market, the average duty rate, on a trade-weighted basis, is still about 16 percent, and will only go down to about 15 percent in the next four years. That 15 percent or 16 percent spread is clearly a strong incentive for U.S. importers to look to our next-door neighbors for their sourcing needs.
The fact that these two suppliers share a land border with the United States, thereby reducing transportation costs and permitting short turnaround times on production and delivery, also plays a role. Mexico and Canada also did not get caught in the confusion and instability of the Asian financial crisis.
Another region with relatively few quotas, or at least relatively few quotas that "bite," is the Caribbean. Yet while the Caribbean Basin Initiative (CBI) countries, in the aggregate, still supply much more apparel to the U.S. market than Mexico does, they are losing market share annually to Mexico. While the disasters wreaked by Hurricanes Georges and Mitch in the past year are partly to blame, there can be little doubt that the CBI region is losing market share because of the duty preference available to Mexican-made goods.
That explains the increasingly strident press for NAFTA parity legislation in the United States. Without the passage of legislation to provide preferential duty rates for Caribbean apparel products, many analysts anticipate that Mexico will eventually supply more apparel than the Caribbean countries.
Meanwhile, the United States' expanded trade with NAFTA suppliers is not a one-way story. Mexico and Canada are the No. 1 and No. 2 export destinations for U.S. textile and apparel exports, with almost 50 percent of all U.S. textile and apparel exports going to these two NAFTA countries.
Regionalism Rules the Day... and the Decade
For textile and apparel suppliers that have been waiting for 2005 -- and the scheduled end to quotas -- to finally be able to realize their true potential, NAFTA and the regionalism it represents may highlight a significant obstacle. In five years, the roots set down by NAFTA may be difficult to displace, especially given the wide disparity in duty rates. Thus, quota elimination may mean a realignment of trade among the countries previously limited by those quotas, but will not permit them to better compete with suppliers unencumbered by high duties.
The issue is compounded by the fact that NAFTA is not the only regional arrangement in place today. The European Community is itself a customs union in which goods move freely among the member countries. The Europeans also have a free trade arrangement with the Nordic countries. Mexico, too, has wisely associated itself with a number of preferential arrangements, including the Group of Three agreement (with Venezuela and Colombia), and agreements with Costa Rica, Bolivia and Chile. Mexico also is in negotiations with El Salvador, Guatemala and Honduras, as a group, and with Ecuador, Peru, Panama, the Mercosur countries (Argentina, Brazil, Paraguay and Uruguay), the European Union and Israel. As a consequence, the incentives for a producer to set up operations in Mexico as a means for competitively accessing multiple markets are considerable.
Meanwhile, the prospect for additional regional arrangements in the Western Hemisphere, such as with Chile, the Caribbean and the Andean countries, looms larger over the next five years, with the United States continuing to engage in discussions to establish a Free Trade Area of the Americas agreement. Clearly, it is Asian suppliers who have the most to lose from these regional arrangements.
Under these circumstances, it is not surprising that many developing countries are alarmed about the rise of regionalism. Regional preference agreements mean that those not included are, effectively, discriminated against. Many are therefore looking to multilateral forums, such as the WTO, to address this discrimination. Multilateralism should mean that everyone is on equal footing, providing no advantages for anyone, other than natural advantages, such as lower wage rates and availability of resources. Regionalism is clearly upsetting that balance.
The Seattle Ministerial and the next round of multilateral trade negotiations offer an opportunity for multilateral tariff reductions that would lower the differential between normal rates and preferential arrangement rates (duty-free status, in most cases). With textile and apparel products still among the highest peaks in the U.S. tariff schedule, they clearly offer plenty of room for movement. However, the competitive advantages offered by regional arrangements may make those benefiting from regionalism strongly opposed to diluting those benefits.
While the battle is fought over whether to negotiate lower textile and apparel duties multilaterally, and if so, over what period of time, regional programs will continue to offer businesses substantially greater benefits. And so long as that is the case, multilateral liberalization, including quota elimination, should continue to play a far smaller role in business planning.
Brenda A. Jacobs is Counsel in the Customs and Trade Group of the law firm of Powell, Goldstein, Frazer & Murphy LLP in its Washington, D.C., office. She may be reached at tel.: 202-347-0066, by e-mail at bjacobs@pgfm.com or on the Web at www.pgfm.com.
(*.) There are a few U.S. quotas on textile and apparel imports from Mexico, but they only apply to goods that do not meet NAFTA's special preferential rules of origin. Still, many of these products are permitted to enter the United States at preferential tariff rates applicable under NAFTA.
Comparative Tariffs by Selected Products Product United States European Union Pre-URA Post-URA Pre-URA Post-URA Knit trousers, WG, Wool 17.0% 14.9% 14.0% 12.0% Knit trousers, WG, Cotton 16.7% 14.9% 14.0% 12.0% Knit trousers, WG, MMF 30.0% 28.2% 14.0% 12.0% Knit shirts, MB, Wool 17.0% 14.9% 13.0% 12.0% Knit shirts, MB, Cotton 21.0% 19.7% 13.0% 12.0% Knit shirts, MB, MMF 34.6% 32.0% 13.0% 12.0% Woven trousers, MB, Cotton 17.7% 16.6% 14.0% 12.0% Woven trousers, MB, MMF 29.7% 27.9% 14.0% 12.0% Product Canada Pre-URA Post-URA Knit trousers, WG, Wool 25.0% 18.0% Knit trousers, WG, Cotton 25.0% 18.0% Knit trousers, WG, MMF 25.0% 18.0% Knit shirts, MB, Wool 25.0% 18.0% Knit shirts, MB, Cotton 25.0% 18.0% Knit shirts, MB, MMF 25.0% 18.0% Woven Irousers, MB, Cotton 22.5% 17.0% Woven trousers, MB, MMF 25.0% 18.0% Source: World Trade Organization (WTO), Uruguay Round of Multilateral Trade Negotiations, Legal Instruments Embodying the Results of the Uruguay Round Notes: URA = Uruguay Round Agreement, which calls for the elimination of quotas between WTO members as of Dec. 31, 2004. MMF = man-made fiber. WG = women's and girls' apparel. MB = men's and boys' apparel. U.S. Textile and Apparel Imports Comparison for Years Ending (YE) July 31, 1999, and Dec. 31, 1994 Data in Millions of Square Meters Equivalent (SME) YE 7/31/99 YE 12/31/94 Country Rank SME Percent share Rank SME World [*] 27,033 17,286 Mexico 1 3,882 14.36 5 977 Canada 2 2,675 9.90 2 1,318 China (People's Republic) 3 1,901 7.03 1 2,042 Pakistan 4 1,400 5.18 7 679 China (Taiwan) 5 1,279 4.73 3 1,237 South Korea 6 1,165 4.31 6 865 India 7 1,140 4.22 8 677 Hong Kong 8 1,027 3.80 4 1,023 Thailand 9 1,021 3.78 9 662 Indonesia 10 892 3.30 12 516 Dominican Republic 11 881 3.26 10 608 Philippines 12 880 3.22 11 534 Bangladesh 13 870 3.16 13 487 Honduras 14 853 2.20 20 220 Turkey 15 595 2.08 14 341 Country Percent Share World [*] Mexico 5.65 Canada 7.62 China (People's Republic) 11.81 Pakistan 3.93 China (Taiwan) 7.16 South Korea 5.00 India 3.92 Hong Kong 5.92 Thailand 3.83 Indonesia 2.99 Dominican Republic 3.52 Philippines 3.09 Bangladesh 2.82 Honduras 1.27 Turkey 1.97 Sources: U.S. Department of Commerce, Office of Textiles and Apparel, Major Shippers Reports (*.)Indicates overall U.S. imports of textiles and apparel from all countries. U.S. Apparel Imports: Ranking by Volume and Value for Year Ending July 31, 1999 Data in Millions Volume Value Country Rank Square Meters Rank U.S. Customs Equivalent (SME) Value in Dollars World [*] 13,477 49,457 Mexico 1 2,201 1 7,163 China (People's Republic) 2 896 2 4,368 Hong Kong 3 846 3 4,279 Honduras 4 841 7 1,995 Dominican Republic 5 837 4 2,358 Bangladesh 6 745 10 1,592 China (Taiwan) 7 622 6 2,000 El Salvador 8 523 16 1,224 South Korea 9 501 5 2,016 Philippines 10 501 8 1,785 Source: U.S. Department of Commerce, Office of Textiles and Apparel, Major Shippers Reports (*.)Indicates overall U.S. imports of textiles and apparel from all countries. U.S. Apparel Imports Comparison of Market Share by Volume for Years Ending 12/94, 9/97 and 7/99 Data Based on Volume in Square Meters Equivalent (SME) Country Percentage of Percentage of Percentage of Imports 12/94 Importa 9/97 Imports 7/99 Mexico 5.72 13.04 16.33 China 11.09 8.93 6.65 Dominican Republic 6.48 6.93 6.21 Hong Kong 10.26 6.62 6.28 Honduras 2.53 6.25 6.24 Bangladesh 5.11 5.81 5.53 Taiwan 7.73 5.48 4.62 Philippines 4.88 4.09 3.72 El Salvador 1.92 3.65 3.88 Indonesia 3.33 3.44 3.19 Canada 1.20 1.60 1.89 Source: U.S. Department of Commerce, Office of Textiles and Apparel, Major Shippers Reports
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