US-Led Trans-Pacific Partnership May Have Chinese Competition

The Obama administration is looking to finalize its much-anticipated Trans-Pacific Partnership, an 11-nation regional trade agreement that, if successful, will expand American exports and economic influence in Asia.

As we noted previously, the TPP is still facing many challenges as negotiations draw to a close. The Association of Southeast Asian Nations recently unveiled plans for the Regional Comprehensive Economic Partnership, which would be the world’s largest-ever regional trade agreement.

The partnership includes ASEAN’s 10 member states as well as Australia, China, Japan, India, South Korea and New Zealand. Its creation raises several questions for the future of the TPP – namely, can the US-led agreement thrive alongside Asian-organized, competing trading blocs, especially if those blocs include China and exclude the US?

Some believe that competing pro-China and pro-US treaties may escalate current economic tension in the region, rather than alleviating it. The potential conflict also presents an especially tricky situation for Australia, whom the US sees as playing a key role in nurturing American economic activity in Asia.

Share

US-Panama FTA to Take Effect in Early November

The long anticipated US-Panama Free Trade Agreement (FTA) is expected to take effect in early November after years of delay. The agreement will immediately remove duties on 50% of US exports of agriculture and 86% of US exports of automobiles, electrical equipment, and pharmaceutical goods. This FTA will be a huge step for both countries as the US is Panama’s largest trading partner and roughly 10% of US imports and exports pass through the Panama Canal.

Panama’s infrastructure and economy make the country a very attractive trading partner to the US. Panama is a growing ocean shipping and air cargo hub with a railroad and major highway that connects the Atlantic and Pacific Oceans. A $5.25 billion expansion of the Panama Canal is currently underway, which will double the canal in size. Panama also has an extremely strong financial sector, which the US will gain access to as a result of the FTA along with other areas of the service dominated economy including telecommunications, energy, and professional services.

The US-Panama FTA has seen many delays as it was originally negotiated under the administration of George W. Bush but was not approved by Congress before he left office in 2009. The agreement was finally approved in October 2011 after President Obama made several changes to the agreement. Panama’s National Assembly passed the final piece of legislation last week and is now waiting for Panama’s President Ricardo Martinelli to sign the legislation. The US is hoping that both countries will begin taking advantage of the agreement early next month.

For more information on the US-Panama FTA, please read:

Journal of Commerce, “US-Panama FTA Expected to Take Effect in November

Reuters, “U.S., Panama to implement trade pact by early November

Share

Trans-Pacific Partnership May Encounter Integration Issues

The Trans-Pacific Partnership (TPP) began as a small trade agreement between four Pacific nations, but has evolved into a highly influential FTA that, at this stage of negotiation, involves 11 countries and has invited several others for inclusion. The agreement offers a range of benefits for all nations involved, but integrating the very different economies of East and West may be more difficult than expected.

The agreement, which includes nine Asia-Pacific countries, could yield $295 billion globally, including $78 billion for the United States, and its template should provide free trade gains of nearly $2 billion. The reason for the TPP’s anticipated success is also the reason that drafting the agreement may prove difficult, however. Asian FTA templates benefit emerging-market economies that seek market access for manufactured goods, whereas US trade templates concentrate on advantages for the services, investment and intellectual property sectors.

A report published by the Peterson Institute for International Economics investigated the discrepancies in 21 trade areas in Asian and US agreements, ranked for depth, capacity and enforcement. The report found divergences in policy, of course, but some interesting outliers like labor, cooperation and government procurement emerge as potential issues that could bog down negotiations.

Additionally, issues that concern politicians on both sides of the Pacific – like technology and small enterprise – have yet to earn high scores on either template, as The Economist points out. Look for the negotiations to tackle some tricky issues in the upcoming months.

Share

New Trade Enforcement Agency Established

President Obama recently signed an executive order, establishing the Interagency Trade Enforcement Center (ITEC) within the U.S. Trade Representative (USTR).  The Obama administration is aimed at doubling exports by the year 2015, and this new agency will help facilitate that goal.

According to Ron Kirk, Ambassador of USTR, the ITEC is among the most significant commitment of resources and expertise since the establishment of the USTR. The purpose of the Interagency Trade Enforcement Center will be to coordinate U.S. trade rights under international agreements, monitor unfair trade practices, as well as identify and eliminate foreign trade barriers. These tasks will hopefully curb the production of counterfeit and unsafe goods and improve market access for U.S. exporters. The ITEC will also strengthen trade enforcement of intellectual property laws.

Chairman of the House Trade Working Group, Rep. Mike Michaud (D-Maine), said, “Signing this order brings us one more important step closer to the level of trade enforcement we need to counter the predatory practices of countries like China.”

Based on the signed executive order, the mission and function of The Interagency Trade Enforcement Center will be to:

(a) serve as the primary forum within the Federal Government for USTR and other agencies to coordinate enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws;

(b) coordinate among USTR, other agencies with trade related responsibilities, and the U.S. Intelligence Community the exchange of information related to potential violations of international trade agreements by our foreign trade partners; and

(c) conduct outreach to U.S. workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices.

Share

Upcoming Trade Compliance Webinar – Oil & Gas Industry

Join World Trade 100 and Amber Road (formerly Management Dynamics, Inc.) on Thursday December 15th at 2 PM EST for a complimentary webinar, Global Trade Compliance in the Oil & Gas Industry: A Case Study with Weatherford.

Global trade experts will explain the importance of automating trade compliance processes and the difficulties oil and gas companies face, as well as present recent developments in the industry. By attending this webinar, you will walk away with:

-  A better understanding of the export compliance challenges oil and gas companies are facing
-  Various strategic considerations to think about when implementing an automated trade compliance solution
-  Best practices you can use to improve your company’s export compliance processes

Speakers will include:
Scott Byrnes, Vice President of Marketing, Amber Road (formerly Management Dynamics, Inc.)
Natalia Shehadeh, Director of Trade Compliance, Weatherford
Scott Johnston, Attorney, Specializing in U.S. Import/Export Law, Givens & Johnston, PLLC

Join us and find out how you can automate your trade compliance process!

Share

International Sourcing Strategies and the Influence of Trade Agreements

This post highlights the importance of doing the appropriate research and background checks of all the cost and regulatory elements BEFORE you commit buying components or finished goods from new off shore vendors.

This article is a reprinted with permission: Bob Cowie, VP Consulting, GHY International

International Sourcing Strategies

3640490 s 300x300 Trade Compliance  – International Sourcing StrategiesTaking a proactive approach to the implications of offshore sourcing helps protect your bottom line. Many North American manufacturers are finding it increasingly challenging to deal with a growing influx of imported materials and products originating from off competitors, especially those based in China and India.

These competitive pressures are compelling Canadian and US companies to consider various measures to protect market share, including shifting their sourcing arrangements for components, peripherals and finished products outside of North America, to take advantage of lower cost alternatives originating in the emerging economies of Asia, Eastern Europe and South America.

This post highlights the importance of doing the appropriate research and background checks of all the cost and regulatory elements BEFORE you commit buying components or finished goods from new off shore vendors.

Why is this more important than ever?

Because North American manufacturers have traditionally sourced most of their materials in the US., Canada or Mexico, where duty is generally not an issue of the goods are NAFTA qualifying, and Customs and regulatory issues are well documented and understood. These assumptions can not be taken for granted when sourcing goods outside North America. Canadian and US importers are encouraged to review the full spectrum of variables, including currency exchange ratios, marking and packaging requirements, duty rates and tariff treatment, anti-dumping/countervailing duty applicability, duty drawback eligibility, and NAFTA eligibility, if the offshore components are incorporated into products ultimately sold in Canada or the US.

For example, purchasing motors in China that are incorporated into machines you manufacture in Canada for sale to a customer in the US, may negate the finished product’s NAFTA eligibility and duty free status, thereby increasing the ultimate cost of the product, and possibly eroding your margin or forcing you to raise your retail price and risking your competitive position.

Conversely, if you purchase the motors from China and sell them to an US customer in the same condition and without modification, you may be eligible to recover all Canadian duties paid at time of import under the Duty Drawback program. Of course you will need to assess all the trade offs to arrive at a bottom line comparison that takes all the factors into consideration, and gives you and “apples to apples” view of the offshore versus North American sourcing options.

Taking a proactive approach to studying the implications of off shore sourcing can confirm that you will achieve the desired competitive cost advantage, help you avoid unexpected costs or surprises, and minimize the probability of unexpected regulatory issues with Canada Border Services Agency or United States Customs and Border Protection

Share

NAFTA and Duty Recovery Saves $6 Million

a guest blog by Nigel Fortlage of International Trade Compliance Strategy at GHY.

NAFTA and Duty Recovery Saves $6 MillionAn industry leading organization specializing in window covering was able to save over $6M in duty as a result of having an effective integrated trade compliance strategy. By coordinating NAFTA with organizational processes by use of a compliance champion, the company was able to assign tariff to every item.

This then allowed the organization to have clear visibility of duty payments thus allowing the option of duty recovery for particular items. By integrating a well structured NAFTA program throughout the industry, the organization was able benefit from multiple drawbacks and save both time and cost.

Case Analyzed

The message is clear, by using the model of an Integrated Trade Compliance Strategy, this firm created efficiencies in terms of process but also cash management with an integrated strategy that factored NAFTA status and duty drawback for Non-NAFTA related products.

The resulting $6 million savings were a result of their in-house trade compliance champion who oversaw the entire process on imports as well as exports and worked in conjunction with their professional trade services provider to handle the claims paperwork on both sides of the border.

Share

NAFTA: Key to NEI Success?

The following is a guest post by Caroline from the Global Trade Content Blog.

U.S. Commerce Secretary Gary Locke, hosted a meeting for North America’s Industry Ministers.  Tony Clement, Canada’s Minister of Industry, and Bruno Ferrari, Mexico’s Secretary of Economy, were in attendance.  They discussed the importance of trilateral cooperation on issues such as the National Export Initiative.  The leaders agreed to identify ways to encourage small and medium-sized firms to export their goods and services.  Secretary Locked added:

Canada, the United States, and Mexico have a sophisticated and robust trade relationship because of NAFTA… Because our businesses already cooperate in the production of goods and delivery of services, we must work together to develop strategies that will benefit these businesses and the workers of this region.

According to American Shipper, trilateral trade among the NAFTA partners totaled more than $735 billion in 2009.  (An increase of 148% since the year before NAFTA’s implementation.)

Share

Executive Panel: Industry Leaders Discuss Global Trade Initiatives and Capabilities

Webinar: Global Trade Initiatives & Capabilities
December 2, 2010 at 4 – 5PM, EST

Following the AberdeenGroup’s research with 136 enterprises from September and “regarding growth and complexity in global trade operations, we can see that changes in trade lanes, shifts in trade volume and increases in overall supply chain complexity have combined to place a renewed focus on the concept of global trade management and compliance,” said Bob Heaney, senior research analyst of supply chain management at Aberdeen.

Please join AberdeenGroup and distinguished industry executives (topic areas are considered sensitive and company names are not disclosed) as they discuss global trade management initiatives and practices within their enterprises around FTZ, Restricted Party Screening, 10+2 and other initiatives. Key topic areas covered in the recent report will also be highlighted.

After viewing this webinar, you will:

  • Understand the pros and cons of FTZs and other duty reduction provisions.
  • Lower your overall Landed Costs
  • Improve Import/Export document generation

Register Now!

Presenters:

Bob Heaney, Sr. Research Analyst, Supply Chain Management
Aberdeen Group

Craig M., Head of Customs Compliance
Large Global Copier OEM

Brian C., Director International Trade Compliance
Large Electronics Firm

Philip T., CFO of the North American Manufacturing Operations
Global Automaker/ Manufacturer

Share

NAFTA Management Best Practices

The North American Free Trade Agreement (NAFTA), implemented in 1994, created the world’s largest free trade area, stimulating exports between the U.S., Canada, and Mexico by eliminating tariffs and creating international rights for business investors. NAFTA ultimately produced sales of $17 trillion, establishing a model that was adopted globally. For new members, however, managing the red tape can be daunting and potentially risky.

To take advantage of the reduced duties afforded by NAFTA and other free trade agreements, exporters and importers have to verify the eligibility of their products. The qualification process involves classifying products via the Harmonized Classification System and NAFTA rules of origin. Each of the three partner governments may audit an importer, exporter, or producer of NAFTA products in any of thee three member countries, and hefty fines are levied on non-compliant manufacturers or distributors.

Best Practices for Firms Qualifying Product for NAFTA Eligibility

Qualifying products under NAFTA and other trade agreements such as CAFTA, Australian, and Singapore programs, can be a challenge but one that reaps significant savings when trading internationally. The following best practices recommended by a 2010 Global Trade Management study provide guidelines for developing a documented and verifiable process to meet NAFTA qualification compliance regulations, as well as lower the risk of fines for non-compliance.

  1. Product qualification requires expertise with classification programs, trade laws, and NAFTA rules of origin such as Tariff Shift Concepts. This process is labor intensive, so companies are well advised to align trained staff and resources to the project on an annual basis. Given the complexity of classification and NAFTA rules of origin, companies that allocate trade agreement qualification to departments with fiduciary responsibility generally reflect high levels of compliance. Also, for companies with multiple sites, centralized trade agreement compliance programs yield better compliance results as well.
  2. Review the list of products exported to NAFTA countries and determine which products carry the highest duty rates in the receiving country. The greatest savings will be realized for product with high duty rates or highest volume of exports. Offset the number of products to be NAFTA verified against the duty savings to quantify the bottom-line impact.
  3. Use cost savings data to offset training program costs for staff. The ability to monitor trade agreement programs through documented savings can enable strong compliance programs and also better support sales — lower costs to the end customer makes the exporter’s product more competitive.Consider the estimated savings that would increase if an automated system was utilized. Automation of NAFTA programs has the ability to improve processes and expedite the confirmation of information needed to qualify products for NAFTA as well as communicating and archiving it. Automated systems, however, don’t remove the need for internal expertise on classification and rules of origin.
  4. When soliciting NAFTA certificates from producers/exporters, it is imperative that the supplier or exporter have completed NAFTA certificates for their customers before shipping product. In most cases, suppliers or exporters focus on securing NAFTA certificates and supporting documentation in the latter part of the year in order to be able to sign NAFTA certificates for the coming year.Importers of NAFTA qualifying product generally seek the NAFTA certificates from their supplier/exporter by December 31st for products to be shipped in the next calendar year, well in advance of the shipment arriving in their country. Importers cannot legally declare the NAFTA reduced duty benefit without the certificate on file.
  5. Conduct annual audits of your trade compliance programs – whether import or export oriented and include alls trade agreement reviews. Working with experts will expedite the process, ensure accuracy with information declared to Customs, and lower the risk of non-compliance for both current and future shipments.

For additional information on NAFTA support, training or best practices, please contact Ms. Suzanne Richer at Customs & Trade Solutions, Inc, at smricher@ctsiadvisors.com

Share