New Bill Would Require Targeting of Foreign Trade Barriers
November 4, 2009U.S. Senators Debbie Stabenow (D-Mich.) and Sherrod Brown (D-Ohio) have announced the introduction of the Trade Enforcement Priorities Act of 2009 (S. 1982), legislation that would give the federal government more authority to address trade barriers that undermine American workers and domestic manufacturing. Senators Russ Feingold (D-Wis.), Carl Levin (D-Mich.), and Arlen Specter (D-Pa.) are original co-sponsors of the bill, also referred to as “Super 301.”
“Reviving Super 301, with an emphasis on fixing unfair trade practices that cost American jobs, will promote exports and economic growth,” Sen. Brown claimed. “The U.S. Trade Representative (USTR) must be an advocate for American workers and businesses, not an apologist for trading partners who aren’t playing by the rules.”
“We need to restore the Super 301 trade law so that we have stronger tools to fight back against the unfair trade policies that put American workers at a disadvantage,” Sen. Levin said. “This legislation will require our trade representative to specifically look at countries with which we have large trade deficits to make sure they are playing fairly. American workers and companies can compete with anyone in the world as long as it is on a level playing field. It is our government’s responsibility to ensure the playing field is level.”
Sections 301-310 of the Trade Act of 1974 address trade barriers that violate U.S. rights under a trade agreement or represent discriminatory practices that undermine U.S. commerce. Section 310 of the act, also known as “Super 301,” requires the USTR to examine and report on the most egregious trade barriers that adversely affect American exports. If the USTR identifies a measure as a “priority foreign country practice,” it is required to initiate a full Section 301 investigation. Super 301 is intended to promote U.S. exports and to signal to our trading partners that certain actions which adversely affect U.S. commerce will warrant immediate action.
The Trade Enforcement Priorities Act of 2009 would require the USTR to analyze trade barriers in the National Trade Estimates Report to determine which have the most adverse effect on U.S. exports and employment. Under the bill, the USTR, in consultation with other relevant agencies and Congress, would be required to prioritize its enforcement strategy and work with those countries that have a pattern of unfair trade practices. If the USTR should identify a practice occurring in a country that has signed a trade agreement with the United States, previously agreed-to methods of addressing disputes would be used. For example, if an unfair practice is addressed under the WTO Agreement, USTR would be required to seek consultation under the dispute settlement process. If the practice should occur in a country that does not have an agreement with the United States, bilateral consultations would be required until an appropriate remedy is identified.
