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By submitting the draft “Statement of Administrative Action” (SAA) to the U.S. Congress on Aug. 12, 2016, the U.S. Trade Representative moved one step closer to the final consideration of the Trans-Pacific Partnership (TPP). The SAA describes actions necessary to implement the provisions of TPP and contains details about how U.S. law would need to change to adopt TPP. The Trade Promotion Authority (TPA) bill passed in 2015 requires this submission before Congress can consider the agreement.

Under TPA, the President has the authority to conclude trade agreements and submit them to Congress for an up or down vote. This pre-empts legislative amendments from derailing the careful balance struck in trade agreement negotiations. Less well-known TPA provisions allow Congress to establish priorities in negotiations, specify necessary reports and provide timelines for consideration of agreements. TPA states that a draft SAA must be submitted to Congress at least 30 days before submitting the draft legislation that implements a trade agreement, setting up a potential vote on TPP this fall.

To continue compliance with TPA, the U.S. Trade Representative must still produce three reports detailing the agreement’s impact on key areas such as the environment, labor laws, and U.S. employment, and then work with Congress to submit the draft implementing bill for a vote. As work continues to address congressional concerns about the agreement that are predominately related to non-agricultural issues, the Administration has not yet signaled when the implementing bill will be ready.

President Obama maintains that final consideration and approval of the Trans-Pacific Partnership can and should be accomplished this year, despite increasingly negative rhetoric on trade coming from the U.S. presidential campaigns. TPP and the Asian and Latin American markets it affects are also key priorities for the wheat industry. The agreement stands as the only potential answer from the United States to competitors gaining more favorable trade access for their farmers within the Pacific Rim by continuing to negotiate and implement separate trade agreements. The submission of the SAA this month is a step in the right direction for U.S. farmers and their customers who need a wider variety of wheat classes and quality to meet the growing demand for new wheat foods.

Learn more about how USW supports free trade through multilateral, regional, and bilateral trade agreements. 

By Dalton Henry, Vice President of Policy

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By Dalton Henry, USW Vice President of Policy

The two joint farmer committees of USW and the National Association of Wheat Growers (NAWG) met last week in Fargo, ND, for a policy update and to consider key issues facing the wheat industry. The joint committees were created more than a decade ago to enable and ensure close collaboration between the two organizations on policy priorities in trade and technology.

The Joint Biotechnology Committee, which has broadened its agenda to include a number of technologies, heard updates from private breeding companies on non-GM products they are rolling out to growers. Many of these companies are working to help increase efficiency and drive additional productivity. Two major updates included the continual development of hybrid wheat and products to produce better seeding rate recommendations.

The committee also heard from a researcher from Cibus, a company that has a process for producing gene-edited plants that do not contain any foreign DNA, but can yield substantial improvements for both growers and end-users. Recently they have focused on flax and canola, but according to the speaker, while they do not any active wheat projects, the technology could be readily applied in the wheat industry.

The Joint International Trade Committee considered a range of updates on several priority trade issues for the wheat industry including foreign country domestic support, the Trans-Pacific Partnership (TPP) and possible future negotiations at the World Trade Organization (WTO).

Staff presented additional detail about the domestic support study that was released earlier this spring. The study focused on wheat support policies in China and their impact on U.S. producers and producers in other exporting countries. In the U.S., the total farm gate losses are now estimated at $653 million, an increase of about $100 million from over a year ago, caused by the continued decline of world wheat prices amid burgeoning Chinese wheat stocks.

NAWG staff discussed TPP and possible windows for Congressional consideration this calendar year. Staff were confident that the U.S. Trade Representative’s (USTR) office has been working closely and making progress with Congressional leadership to prepare for eventual introduction of the legislative text ratifying TPP, even though the negative rhetoric on trade has increased dramatically from many political candidates during the U.S. election season. TPP would lower tariffs and import restrictions on wheat to the benefit of U.S. wheat farmers and their customers overseas.

Committee members also briefly discussed the current negotiating status at the WTO. Though negotiations on agricultural market access have been largely stalled for some time, progress is being made in other sectors including services and environmental goods. Progress in these other areas may provide a template for future agricultural negotiations. The next WTO ministerial, the most likely target for an attempt at agreement on some portion of unresolved issues, will be in December 2018. The WTO remains a key body for liberalizing trade and ensuring a rules-based trading system exists.

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An old adage suggests that two of the biggest influences on a market are weather and governments. Though there is not much that USW can do about the weather, government policies are one key area where we can work with our customers to help achieve beneficial outcomes for both. A leading example of that cooperative work was on display last week as two Brazilian flour millers joined USW staff in a series of meetings in Washington, DC, in hopes of securing more favorable access to U.S. wheat supplies.

Brazil is an agricultural powerhouse, and one of the world’s largest exporters of agricultural commodities. In addition to well-known production success in corn and soybeans, Brazilian farmers also produce between five and six million tons of wheat annually — about half of the 10 million metric tons (MMT) of wheat the Brazilian people consume each year. That leaves Brazilian flour mills in need of significant wheat imports each year.

The relationship between the U.S. wheat and Brazilian milling industries goes back several decades. In the 1980s, Brazil was a regular and large customer of U.S. supplies, purchasing between two and three MMT annually. The 1990s brought the formation of the Southern Common Market or Mercosur trading bloc, allowing wheat from Argentina to enter Brazil duty-free and leading to a subsequent decline in imports from the United States. During that time, Brazil agreed to a 750,000 metric tons (MT) zero-duty tariff rate quota (TRQ), allowing Brazilian millers access to a dedicated amount of wheat from the United States, Canada and other world suppliers on an even basis with Argentine wheat. Unfortunately, Brazil never implemented that TRQ and negotiations on a replacement for it remain open today.

Resolution of the outstanding TRQ could prove to be a win-win scenario for U.S. wheat producers and their Brazilian customers. Current discussions focus on applying a TRQ that will provide Brazilian millers more favorable access to world wheat supplies, while not directly displacing Brazilian wheat production.

The long-outstanding Brazilian wheat TRQ is a prime example that for markets to work we must have the right policies in place and we must collaborate with our customers around the world to influence those policies. USW will continue to seek the best possible outcomes when government policies hinder access to U.S. wheat supplies.

By Dalton Henry, USW Director of Policy

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USW President Alan Tracy joined the International Grains Council (IGC) for their 25th annual conference June 14 to present an overview of changes in global wheat trade, trade distorting government policies and the United States’ shift to quality-based wheat markets. More than 200 attendees at the conference in London, United Kingdom, came from grain importing and exporting countries around the world to hear updates on production prospects and discuss major issues facing the grain trade.

One of the biggest shifts in the world wheat market in the last 15 years has been the emergence of Russia as a major wheat exporter, averaging 17.9 MMT from 2011/12 to 2015/16. With that growth, Russia has become a primary supplier of wheat to price-sensitive markets across the Middle East and North Africa, displacing other traditional suppliers including the United States, Canada and the European Union (EU).

USW has narrowed its activities in markets now served mainly by Black Sea suppliers but increased its resources in growing quality-sensitive markets, primarily in Southeast Asia and Latin America. An increasing majority of flour millers and wheat food processors in those markets see wheat as a food ingredient with specific value, rather than as a bulk commodity sourced merely on price. Connecting with these new markets provides more value for overseas customers and, in turn, helps U.S. farmers capture more revenue per acre for the high-quality wheat they produce.

Tracy also discussed government policies that distort trade. Reflecting on previous IGC meetings, he recalled long-past discussions on the harm caused by rival country export subsidy programs — which are largely no longer in use. Today, instead of export subsidies, the biggest market distortion comes from domestic support programs, primarily in several advanced developing countries.

Every WTO member country has agreed to specific limits and rules on agricultural support programs. However, many countries exceed those limits and fail to report their programs accurately. When an importing country provides a government support price above world market prices, they encourage domestic production. That offsets imports to the detriment of the global trading system and to farmers in other countries.

USW has spent the last five years documenting and quantifying the effects from these programs. The forum presented an ideal place to share and discuss the data as out-of-compliance programs not only harm the United States, but also exporters around the world.

By Dalton Henry, USW Director of Policy

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U.S. trade negotiators are now focusing more and more on the Transatlantic Trade and Investment Partnership (T-TIP), a proposed free trade agreement between the United States and the EU. T-TIP negotiations started in 2013 and maintained a relatively slow pace until last fall when negotiators completed the 12-country Trans-Pacific Partnership (TPP)  now awaiting congressional ratification.

Last week, government representatives met in New York for their thirteenth round of T-TIP negotiations that included stakeholder comments. While both governments praised the progress to date and expressed optimism at possibly finalizing an agreement this year, significant differences remain with increased pressure to complete an agreement before the end of President Obama’s administration. In particular, the two sides seem to have significant gaps to bridge on key agricultural issues.

Due to fears that negotiators could strike a narrower agreement without resolving those agricultural issues, a bipartisan group of 26 senators is calling for agricultural issues to remain a priority. Their recent letter highlighted the need for broad-based tariff elimination, science-based approaches to animal and plant health issues and the improvements to the troublesome EU regulatory framework for approval of biotechnology products.

U.S. wheat exports currently face a complex “margin of preference” program that allows only high protein wheat and durum into the EU duty free, as long as world prices remain above a certain threshold. USW supports a comprehensive T-TIP agreement that eliminates all wheat duties, contains a fully enforceable sanitary and phytosanitary (SPS) chapter and provides for a predictable biotechnology approval process. USW established a full T-TIP priorities document as negotiations began three years ago.

As two large wheat producers and exporters, the United States and the EU are unlikely to see major trade shifts in wheat because of T-TIP. However, the agreement does have the potential to expand access for U.S. producers to the world’s largest agricultural importer and to establish key precedents for future trade agreements.

Agricultural issues are far from the only remaining sticking points. Significant differences remain in automobile market access, the creation of an investor-state dispute settlement (ISDS) mechanism and access to government procurement programs. According to the schedule, negotiators will take stock of progress in late May, with another formal round likely in July.

By Dalton Henry, USW Director of Policy

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Working with partners around the world on shared missions has been a core function of USW throughout its history. That principle applies whether those partners are wheat growers, customers or even international market competitors. An example of this collaboration was on display last week in Winnipeg, Saskatchewan, at the third annual Canadian Global Crops symposium. USW and some of its stakeholders joined more than 250 professionals from the Canadian wheat and grain value chains at the symposium to tackle the big topics facing our industry.

The conference, appropriately themed “Innovation: Opportunity and Challenge,” focused on the application of technology in agriculture and resulting effects on the entire value chain. The broad category of advanced plant breeding techniques, including technologies such as CRISPR-cas9 and TALEN, both commonly referred to as “gene editing,” garnered particular attention. Two seed companies provided detailed explanations of these processes and their applications in breeding programs. Compared to the lengthy process of cross-breeding and its random results, advanced breeding technologies are allowing more precise improvements in plant breeding, in many cases without producing transgenic plants. Grain handling companies and government regulators also provided perspective on the new technologies, including how regulators view the processes and potential challenges that may result from uncoordinated governments’ regulations. USW supports a review process that facilitates industry discussions such as these to ensure compatibility between all governments’ efforts on these new technologies.

During the symposium, the International Grain Trade Coalition (IGTC) held strategy and general sessions. The IGTC includes non-profit trade associations, councils and corporate stakeholders interested in working to support trade in grains, oilseeds and other bulk agricultural products. The organization has multiple working groups that focus on finding solutions to trade irritants and informing discussions on global trade in grains, including expanding the use of electronic documents and harmonization of phytosanitary measures. A number of U.S. and Canadian companies and grower organizations, including USW, are active IGTC members and support its work to better facilitate trade for both our producers and customers around the world.

It is through platforms such as these that both Canadian and U.S. grower organizations are able to work together for the advancement of the entire industry and better serve the needs of the customers we share around the world.

By Dalton Henry, USW Director of Policy

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Last week marked the annual release of the National Trade Estimate (NTE) to Congress by the Offices of the U.S. Trade Representative’s (USTR). The NTE report is a 474-page- list of trade barriers facing U.S. companies and producers. It documents a range of trade barriers, including Sanitary and Phytosanitary (SPS), technical and market access restrictions. USW submitted a host of concerns to USTR on October 28, 2015.

The report highlights a few major accomplishments from 2015, including completion of Trans-Pacific Partnership negotiations and the U.S. ratification of the Trade Facilitation Agreement — the first multilateral trade agreement in the WTO’s 20-year history. Beyond the successes of the past year, the report also lays out a roadmap of future work for USTR. Numerous wheat industry priorities made the listing, two of which are highlighted here.

A new addition to the 2016 report was China’s administration of their tariff-rate quota (TRQ) system, which Chinese millers and USW have repeatedly identified as a major hurdle in expanding the use of U.S. wheat in China. The report stated, “Market access promised through the tariff-rate quota system set up pursuant to China’s WTO accession agreement has yet to be fully realized.” Each year China completely uses the portion of the TRQ allocated directly to flour millers. However, the portion held by the state is not fully utilized and almost never reallocated as required by the WTO agreement.

China is not the only country where a TRQ keeps out potential wheat exports. Nearly two decades ago, Brazil committed to a 750,000 ton duty-free TRQ. The NTE report notes that Brazil never opened the TRQ, and therefore has imported no wheat under it. Without either ad hoc access, which Brazil opened in 2013 and 2014, or a functioning TRQ, Brazilian millers must pay a 10 percent tariff to purchase supplies anywhere outside of the Mercosur trade bloc. That leaves the United States, Canada and others at a significant price disadvantage.

These two barriers are just a preview of the issues listed by USTR. USW will continue to work with our partners to pursue resolutions to these barriers that hinder our customer’s ability to purchase U.S. wheat.

By Dalton Henry, USW Director of Policy

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Representatives from the 12 Trans-Pacific Partnership (TPP) negotiating countries are set to sign the agreement in New Zealand next week. Though signing the pact is primarily ceremonial, it marks another step forward in the long process of putting the world’s largest free trade agreement into action.

In the months since the final agreement announcement, the TPP collected many new endorsements, particularly among business groups. The U.S. Chamber of Commerce announced its endorsement Jan. 6, while encouraging the Obama Administration to work with Congress and industry members on unresolved concerns.

After the Feb. 4 signing attention will largely shift to the U.S. Congress, where leaders have so far hesitated to commit to any timing for a potential vote in part because much work is needed before a vote can even be considered. The International Trade Commission (ITC), which held a hearing on the agricultural portions of the agreement earlier this month, is accepting formal testimony on the merits of the agreement until Feb. 15. Their final report due May 18 will incorporate those comments, required by this past summer’s Trade Promotion Authority (TPA) bill.

With that ITC report as an official “scorecard” of the TPP, the administration will work with Congressional leaders to find time for a vote. That is a critical point because according to the regulations set down by the TPA, after introducing the implementing legislation the appropriate committees must complete their reviews and hold a final up-or-down vote within 90 days.

Many congressional watchers speculate that this final vote will not take place until after the U.S. elections in November. Some legislators fear trade agreements are too political to address prior to the election, while others may hope a new administration will place different priorities on the agreement’s portions that are more contentious. Unfortunately, any delays will mean U.S. wheat producers and their customers overseas must continue managing through inconsistencies in sanitary and phytosanitary standards and paying higher tariffs until the agreement is implemented.

Conceived as much more than just another free trade agreement, TPP was to be the platform for expanded trade in an entire region. In fact, within a few weeks after negotiators struck an agreement, as many as 12 additional countries contacted U.S. Trade Representative officials to test the membership water. However, no other country may apply for membership until after the U.S. Congress and the governments of the 11 other countries ratify the agreement. For this positive momentum to continue and ultimately help reach that goal of lifting economic opportunity in the region, moving as quickly as possible toward the Congressional vote on TPP is critical.

By Dalton Henry, USW Director of Policy

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While achieving progress in multilateral trade negotiations among World Trade Organization (WTO) members is often frustrating, USW sees some steps in the right direction in the recent agreement at the WTO Nairobi Ministerial meeting held in mid-December — despite some setbacks.

USW is particularly pleased to see the elimination of export subsidies, which rank high among the most trade-distorting forms of support. The agreement immediately eliminates such subsidies for developed countries and calls for a phase-out for developing countries. Though the world’s largest traditional user of agricultural export subsidies – the European Union – has moved away from the subsidies, agreeing to eliminate them is no small matter.

USW welcomes the recognition in Nairobi that the United States can keep offering food aid and development programs without change, which underpins this country’s leadership in the world. Wheat produced by U.S. farmers is a cornerstone grain for food aid that is affordable, nutritious and fits monetization projects that encourage in-country development.

The Nairobi agreement also addressed export credit and financing rules that reflect reforms the United States has already made. USW believes there should be no further restrictions on the GSM-102 program, which is a reliable, practical financial tool used by several U.S. wheat importing countries.

Despite these gains, USW is disappointed that the Ministerial reauthorized the use of transportation, marketing and processing subsidies for agricultural products for developing countries. This exception could provide cover to bad actors who have violated past agreements to the detriment of producers around the world. USW will continue working with the Office of the U.S. Trade Representative (USTR) to ensure developing country members do not abuse this exception.

The Ministerial reflected differing views on future WTO negotiation priorities. At least the agreement recognizes that work would continue on Doha’s remaining issues in agricultural trade. This includes public stockholding programs, which India uses to subsidize its farmers, and a “special safeguard mechanism,” which would allow countries to “snap-back” tariffs on products in the face of rising imports. The continuation of these negotiations is especially concerning given some countries’ insistence on using these negotiations to roll back progress at the WTO.

USW congratulates and thanks our negotiators at USTR for their hard work. We look forward to sharing the U.S. wheat farmer’s voice in future negotiations. We must also ensure that WTO members hold firm on past agreements, allow no more backpedaling on domestic subsidies and return their focus to the original goal: liberalizing trade policies to promote economic growth for all participants.

By Dalton Henry, USW Director of Policy