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Viewing cable 09OTTAWA364, CANADA'S LIST OF TRADE IRRITANTS CEMENTING IDEA OF GROWING
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09OTTAWA364 | 2009-05-15 17:30 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Ottawa |
VZCZCXRO5756
OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0364/01 1351730
ZNR UUUUU ZZH
O 151730Z MAY 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9418
INFO RHEHAAA/WHITE HOUSE WASHDC
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC
RUCPDOC/USDOC WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHRC/USDA FAS WASHDC 1006
RUEHME/AMEMBASSY MEXICO 1977
RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
UNCLAS SECTION 01 OF 03 OTTAWA 000364
SENSITIVE
SIPDIS
WHITE HOUSE/NEC FOR FURMAN
STATE FOR E, EB/DCT, WHA/EX, WHA/CAN
STATE PASS USTR (SULLIVAN)
COMMERCE FOR ITA/MAC (WORD)
TREASURY FOR IA (WEYER)
E.O. 12958: N/A
TAGS: ECON ETRD EINV EIND PREL KPAO CA
SUBJECT: CANADA'S LIST OF TRADE IRRITANTS CEMENTING IDEA OF GROWING
U.S. PROTECTIONISM
Refs: (A) Toronto 85 (B) Toronto 98
(C) Ottawa 160
SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY
¶1. (SBU) Summary: Several recent U.S.-Canada trade irritants have
led Canadian business associations and the media to accuse the USG
of economic protectionism. The major problem areas are the Country
of Origin Labeling (COOL) voluntary requirements on meat products
and "Buy American" provisions in federal stimulus legislation.
Other events, such as recent U.S. duties on softwood lumber, the USG
elevation of Canada to the Special 301 Priority Watch List, "Black
Liquor" tax breaks for U.S. pulp paper producers, and the looming
June 1 implementation of the Western Hemisphere Travel Initiative,
have reinforced the negative perception here of the United States on
economic matters. End summary.
Canadians Doubting Top-Level Assurances
---------------------------------------
¶2. (SBU) During his visit to Canada in February 2009, President
Obama stated, "My administration is committed to making sure that
even as we take steps to strengthen the U.S. economy, that we are
doing so in a way that actually over time will enhance the ability
of trading partners, like Canada, to work within our boundaries."
Prime Minister Harper similarly opined: "If we start thinking simply
nationally and start having policies that try and restrict the
benefits only within our borders and try and implement protectionist
measures, this will not have the effect we need to have on the
global economy, and it's the global economy that's pulling most of
us down." Despite the top-level commitments to keep markets open,
Canadian business associations and media charge that the United
States has instituted protectionist measures against Canada.
Buy American
------------
¶3. (SBU) The Buy America provisions of the American Recovery and
Reinvestment Act (ARRA) exclude Canada and other U.S. trading
partners from supplying iron, steel, manufactured goods, and many
other products for state and municipal projects financed by ARRA
funds. Although the NAFTA provides reciprocal market access by a
number of federal agencies, no market access commitments exist at
the sub-federal level. The Association of Canadian Manufacturers
and Exporters states that as a result of the ARRA, Canadian firms
are having their orders cancelled by U.S. purchasers - including
Federal entities such as Department of Defense elements that are
covered by the language on international trade commitments - or are
being asked to sign affidavits to verify that they are supplying
only U.S.-made products to government purchasing agents at the
sub-state level. Even Canadian goods destined for projects not
funded by the ARRA (or non-manufactured goods permitted under the
ARRA) are being refused by sub-federal procurement officers not
wanting to potentially run afoul of the ARRA's Buy America
restrictions, according to Embassy contacts. One case that has
received extensive Canadian press coverage involved the removal of
newly-installed, Canadian-made sewage pipe at the Camp Pendleton
Marine Base, reportedly for fear of violating the Buy America
provisions. The pipe came from a Canadian subsidiary of the Belgian
Qprovisions. The pipe came from a Canadian subsidiary of the Belgian
IPEX company. In several other cases that we have heard of, the
affected exporter is actually a Canadian subsidiary of an American
firm.
¶4. (SBU) Comment: It is true that Canadian provinces were offered
the opportunity during the original NAFTA negotiations seventeen
years ago to agree on reciprocal "most-favored-entity" treatment
from 37 U.S. states. The Canadian provinces missed that boat. That
being said, however, the sectors on offer from these 37 states in
many cases were very limited and would not have covered many of the
sectors that today are being affected by the ARRA. The remaining 13
U.S. states, including some of Canada's largest trading partners,
were not willing to come to the table. End comment.
OTTAWA 00000364 002 OF 003
¶5. (U) The extension of Buy America provisions to other U.S.
legislation (such as the Water Quality Investment Act) has provoked
fears in the Canadian business community that Buy America provisions
will become a standard component of U.S. appropriation and
authorization legislation. One Canadian community, Halton Hills,
Ontario (refs A, B) has responded by declaring that it will only
make municipal purchases from suppliers in countries that do not
impose local trade restrictions. While this small suburb of Toronto
lacks market power on its own, it has asked the other 1774 members
of the Canadian Federation of Municipalities to follow suit. The
Federation will decide on the resolution in June.
¶6. (SBU) Beyond possible retaliation by Canadian municipalities
against U.S. goods, Buy America has had effects on U.S. enterprises
that are upstream suppliers for Canadian firms. For example, the
multi-billion dollar U.S.-Canada market for water and wastewater
equipment is highly integrated with suppliers servicing contracts on
both sides of the border. U.S. and Canadian governments have
allocated billions of dollars in new spending for municipal water
and sewer upgrades. Given the highly interlinked nature of the
U.S.-Canadian economic relationship, by closing off cross-border
supply chains, Buy America will likely negatively affect U.S. firms.
IPEX (whose products were removed from Camp Pendleton) buys about
90 percent of its chemical inputs, valued at more that $170 million
per year, from American suppliers, particularly in Texas and New
Jersey. Hayward Gordon, a pump and mixer manufacturer from Halton
Hills, expects to lose 30 percent of its sales this year as a result
of Buy America. This will have direct effects on its
Wisconsin-based supplier of gearboxes and its Georgia-based supplier
of electric motors.
COOL
----
¶7. (U) The voluntary components of U.S. Country of Origin Labeling
rules has raised concerns among Canadian meat producers - especially
the requirement to provide disaggregated information about an
animal's place of birth, feeding and slaughter (see ref C for
details). The regulations (including the voluntary measures) went
into effect on March 19, 2009. They preempt an earlier agreement
reached with Canada and Mexico that would have permitted Made in
North America labeling.
¶8. (U) Similar to the industrial sectors affected by Buy America,
COOL is also having a negative impact on U.S. agri-business because
of the highly integrated status of the North American beef and pork
industries. For example, hogs that are born in one country are
frequently raised and slaughtered in the other. COOL voluntary
measures ask meat processors, retailers, etc. to process and label
this mixed origin product separately. As a result, U.S. feeding
operations and processing plants are losing business. Nearly ten
percent of hogs slaughtered in the United States are of Canadian
origin. Most imported Canadian hogs are processed at U.S. Midwest
pork plants. Ron Plain, an agriculture economist at the University
of Missouri estimates that at least one U.S. Midwest pork plant will
have to close because, without the Canadian stock, U.S. pork plants
Qhave to close because, without the Canadian stock, U.S. pork plants
will not have enough hogs to operate efficiently.
¶9. (U) To avoid penalties for country of origin labeling mistakes,
U.S. beef and pork companies are either refusing or segregating
cattle and hogs born outside of the United States. Cargill, JBS SA,
Hormel Foods Corp, Seaboard Corp and Smithfield Foods, which
together sell more than 50 percent of U.S. pork, have either stopped
buying Canadian hogs or have announced plans to phase out such
purchases. According to the USDA FAS there has been a 42 percent
reduction in Canadian hog exports to United States and 1000 fewer
hog farms (down from 8300) compared to a year ago.
¶10. (SBU) In early May, Canada and Mexico announced plans to jointly
launch a WTO complaint against the United States over COOL.
(Comment: Ironically, this action coincided with joint efforts by
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Agriculture Secretary Vilsack and Canadian Agriculture Minister Ritz
to keep Asian and European pork markets open to North American
products in the wake of the H1N1 flu outbreak. End Comment) Canada
exports roughly $3 billion in hogs and cattle to the United States
yearly, part of more than $10 billion in agricultural sales Canada
buys about $14 billion in US-made food products.
Other Concerns
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¶11. (U) The USG tax credit for pulp and paper operations using
so-called "black liquor" as a power fuel source has also provoked
Canadian allegations of unfair industry subsidies. A byproduct of
the wood pulp manufacturing process, black liquor has long been used
as an energy source for the pulp and paper industry. When mixed
with a small amount of diesel fuel, companies burning black liquor
for power generation can qualify for a U.S. tax credit designed to
encourage the substitution of hybrid sources for fossil fuels. With
black liquor tax credits estimated by some Canadian industry
analysts to run as high as $4 billion in 2009, there is talk in
Canada and the European Union about launching a subsidies challenge
against the United States in the WTO
¶12. (SBU) Comment: Both Buy America and COOL are having direct
effects on cross-border trade as well as indirect effects that are
the result of companies who simply stop dealing with traditional
NAFTA suppliers to avoid the hassle of new regulatory regimes.
These measures are causing severe disruptions to established and
profitable NAFTA supply chains. Many of these disruptions are
affecting American businesses and American economic interests.
Meanwhile, softwood and black liquor complaints represent some of
the more predictable bumps in the cross border trading relationship.
However, when combined with the more profound effects of COOL and
Buy America, within the highly-charged environment of a global
economic crisis, the sum of these problems is greater than the parts
and may foster public discontent over the future and utility of
NAFTA trading relations. End Comment
HOPPER