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BRAZIL-U.S. TRADE ROOM FOR GROWTH

BRAZIL-U.S. TRADE ROOM FOR GROWTH. Elliot J. Feldman Sao Paulo, Brazil March 2011. Brail-U.S. Trade Room For Growth. Room For Growth II. Few Conflicts But Important III. Big Conflicts And The WTO: Justice Delayed Is Justice Denied A. Cotton B. Ethanol

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BRAZIL-U.S. TRADE ROOM FOR GROWTH

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  1. BRAZIL-U.S. TRADE ROOM FOR GROWTH Elliot J. Feldman Sao Paulo, Brazil March 2011

  2. Brail-U.S. TradeRoom For Growth • Room For Growth II. Few Conflicts But Important III. Big Conflicts And The WTO: Justice Delayed Is Justice Denied A. Cotton B. Ethanol IV. Lessons And Questions

  3. Room For Growth I. U.S. Exports More to Smaller Economies

  4. Room For Growth II. U.S. Imports More from Smaller Economies

  5. Room For Growth III. In 2009, Brazil exported more to China than to the U.S. Source: International Financial Statistics

  6. Few Trade Disputes I. Since 2001, Brazil has imposed antidumping measures on only nine U.S. products (seven chemicals) II. However, four new investigations were launched by Brazil against U.S. products in 2010 III. Since 2001, the United States has imposed antidumping measures only five times against Brazilian products, and only one countervailing duty IV. The United States has not launched a trade remedy investigation against a Brazilian product since October 2007, and no subsidies investigations since October 2002

  7. Few Trade Disputes

  8. Few Trade Disputes

  9. Few Trade Disputes

  10. Big Conflicts • Steel, Orange Juice And The Nectar Of Politics A. Main issue in only CVD cases was legacy of privatization, in which U.S. Department of Commerce had been reversed repeatedly since the early 1980s B. U.S. cases against important Brazilian products, but typically with domestic political motivation C. Things to remember about the American system 1. No public policy; in the hands of petitioners; no public interest provision 2. Often related to election cycles as much as economic cycles 3. Timing, and subject, often political (e.g., orange juice and Florida)

  11. Big Conflicts WTO DS267: Subsidies on Upland Cotton (Sept. 2002 - Aug. 2010) Source: WTO, U.S. Court of International Trade, U.S. Congress

  12. Big Conflicts • WTO As Brazil’s Apparent Forum Of Choice B. Consider The Solution: U.S. continues subsidizing cotton; U.S. pays Brazil to support its cotton industry C. Compare WTO To Domestic Courts: The Byrd Amendment Challenges D. For cotton complaint, there may have been no other forum

  13. Domestic Courts vs. WTO

  14. Big Conflicts • Other Cases: Steel; Zeroing; U.S. agricultural supports and credits; Byrd Amendment; orange juice IV. The Next Big Conflict: Ethanol A. Sugar v. Corn v. Sugar 1. The Power Of Corn In The U.S.: Iowa 2. The Power Of Sugar: Quotas B. UNICA wants WTO case

  15. Lessons And Questions I. Each country will act according to domestic interests II. WTO does not solve much very quickly III. Domestic courts may be more promising but inaccessible IV. Desirability of BITs V. More trade, more conflicts? VI. Competing with China

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