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Dayton Business Journal...
Turner bill to help combat unfair trade agreements
Friday, October 7, 2011
Joe Cogliano 

U.S. Rep Mike Turner is looking to boost U.S. companies’ efforts to fight barriers that are unlawful under trade agreements. 

Turner, R-Centerville, on Thursday introduced the Trade Law Enforcement Act, which offers an additional way for U.S. companies to get assistance from the United States Trade Representative. While U.S. producers can petition the USTR to take action under Section 301 of the Trade Act of 1974, they seldom do. During 2010, only one of those investigations took place. 

Because of its cost and complexity, the process to get help from the USTR isn’t feasible, Turner said. 

“A process which costs tens of thousands of dollars to undertake is not a realistic option for a small or medium-sized company, especially one that is losing business due to unfair trade practices,” Turner said in a statement. “Only the U.S. government can ensure that U.S. trade agreements are enforced. U.S. companies should have every opportunity to have their complaints investigated and acted on.” Examples of non-tariff barriers faced by U.S. companies include onerous labeling requirements, discretionary customs valuation criteria and lack of protection for intellectual property. 

Turner’s legislation will: 

• Utilize a market access complaint process that the Department of Commerce’s International Trade Administration already has in place as a starting point for possible action under Section 301 of the Trade Act of 1974. 

• ITA will have 180 days to resolve interested party complaints that a foreign country is engaging in an act, policy or practice that acts as a non-tariff barrier; if ITA is unable to resolve the issue, the bill mandates that the Secretary of Commerce issue an opinion as to whether the reported NTB meets the criteria for mandatory USTR action under Section 301. 

• If Commerce issues an affirmative opinion, the bill mandates that USTR initiate a Section 301 investigation. Further, the bill clarifies that subsections of the law giving USTR discretion not to start an investigation are not applicable and gives interested parties the opportunity to request a hearing. 

Read it at the Dayton Business Journal

 


 
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