Trade Policy Outlook for 2014 The EU Dimension

Transcription

1 Trade Policy Outlook for 2014 The EU Dimension Textile & Apparel Importer Trade and Transportation Conference Robert MacLean Partner, Squire Sanders, Brussels New York November 6, Offices in 19 Countries

2 EU Trade Policy North America Two pieces of the puzzle in place: EU-Mexico Free Trade Agreement (in force since October 2000) covers trade in goods and services. It also includes specific chapters on access to public procurement markets, competition, intellectual property rights and investment. EU-Canada Comprehensive Economic and Trade Agreement (political agreement reached on key elements on 18 October 2013) will remove over 99% of tariffs and create sizeable new market access opportunities in services and investment. For Position Only The missing part: EU-US TransAtlantic Trade and Investment Partnership (TTIP) Agreement. 2

3 The EU s High Level Negotiating Objectives The Agreement to be ambitious, comprehensive, balanced with a high level of ambition going beyond existing WTO commitments.* Three main key components or pillars*: (i) Improved market access to the US market. (ii) Regulatory coherence and removal of Non-Tariff Barriers (NTBs); (iii) Rules component including protection of intellectual property rights. EU requested protections/safeguards: (a) Protections to allow the parties to take measures necessary to protect healthy, safety, consumers and the environment.* (b) Preservation of the right to resort to trade defence actions.* (c) Informal recognition of the French request for cultural exceptions for audiovisual sector. (d) Data protections and privacy safeguards (German late push reported on 4 th November 2013). 3 *Source: European Commission s Final Negotiating Mandate

4 US-EU Trade in Textiles and Apparel In 2011 there were over 200,000 EU companies in the textiles manufacturing, transformation and design sector employing 2.1 million people generating a turnover of 190 billion.* The textile and clothing sector accounts for 3% of total manufacturing value added in Europe.* High added value content (brands, luxury items, etc) as well as design and creation. From conception to manufacturing, through marketing, logistics, and to the point of sale, trade in textiles and apparel is truly global (raising the issue of origin). EU holds a substantial trade surplus in trade in textiles and clothing with the USA and wants to maintain this position.* *Source: European Commission 4

5 EU-US Trade in Textiles US-EU Trade in Textiles and Clothing EU Imports US Imports Balance in Favour of EU Source: European Commission Figures in million 5

6 Direct Cost Barriers to Trade with the USA High US customs duty rates for EU textile exports to the USA - estimated at around 12% on average for apparel.* US textile, apparel and footwear tariffs are some of the highest imposed by the US on manufactured (non-agriculture) merchandise. Duty pass-on to US customers is difficult in a very competitive US market-place where price is often the decisive consumer criteria despite strong brand loyalties. US rules of origin for originating preferential treatment are considered highly burdensome eliminating potential cost savings. Incoherent customs classification rulings and quality standards create additional complications. 6 *Source: USA-ITA Press Release June 19 th 2013

7 Indirect Cost Barriers to Trade with the USA Regulatory coherence issues (country of origin marking, labeling, recall requirements, testing, etc). Procedures for enforcement of the protection of intellectual property rights. Customs and trade facilitation improvements to reduce shipping and logistical costs. Exposure to US contingent protection measures (i.e.. antidumping and countervailing duty investigations). Possible introduction of safeguard protections by the US on selected textile and apparel imports. Activation of dispute settlement procedures: Every US trade lawyer s dream. 7

8 The Rules of Origin Conundrum For Position Only 8

9 EU Opening Position in FTA Negotiations European Commission s hands are somewhat tied by its commitment to the EU s standard preferential rules of origin as the starting point for FTA negotiations. These standard rules are based on the basic concept that there must be an appropriate level of transformation and processing taking place in the territory of the FTA partner to allow the benefits of preferential treatment. This is especially valid in the textile and apparel sector where the issue of added-value is exceptionally complicated. But the EU has applied some flexibility in the very recent past, i.e.. EU-South Korea and EU-Canada FTA experiences. 9

10 EU Standard Rules for Textile Sector The EU does not have a recognised yarn forward rule of origin for FTAs but the effect may broadly be the same. Main rule is Change of Tariff Heading for most finished products falling under Section XI (textile and textile articles) of the EU s Customs Code. But around fifty specific exceptions to this principle for textiles, e.g.: Specific types of working or processing must take place; A certain percentage of value must be added; Specific materials cannot exceed a certain level in the finished product; The inclusion of certain materials is not permitted. General pollution rule allowing a non-cumulative percentage (normally 10%) non-originating material (i.e. EU-Korea FTA). 10

11 EU Short List Equivalents No recognised short lists as such but EU has agreed in the past to temporary and/or renewable tariff free quotas for certain volumes of non-qualifying materials. Example: EU-Korea FTA Product Type Cotton Yarn Woven fabrics of man-made filament yarns Synthetic staple fibre yarn Tariff Free Quota 2,310 mts/year 17,805,290 square meters/year 3,437 mts/year Duty free quota applied until exhausted under the EU s normal quota management system (first come, first served). 11 Automatically renewed on 1 st January each year as long as the entitlement remains under the relevant FTA.

12 EU Short List Equivalents Example: EU-Canada FTA Origin quota for textile and apparel covers Canada s and the EU s top exports. Top exports have been defined as prioritised textile products identified and agreed by the parties. Precise volumes to be formalised in final legally scrubbed agreement. Canadian negotiators claims this aspect of the agreement as a victory creating favourable rules of origin that follow the Canadian style of drafting. Illustrates some flexibility on the part of the EU negotiators. 12

13 Cumulation and Triangulation in Future EU- NAFTA Trade The EU has FTAs in place, or coming into place, with two of the three NAFTA countries. This raises the issue of the scope for cumulation and/or triangulation with neighbouring countries (i.e.. Mexico and Canada) and will require careful consideration. Existing FTAs with Mexico and Canada may have to be modified to ensure consistency. At the moment the rules of origin in the EU-Mexico and EU- Canada FTAs contain significant variations giving rise to unwanted complexity. The TTIP negotiations could possibly be a driver for harmonised rules of origin and review of duty free quota entitlements. 13