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U.S.-Korea Free Trade Agreement: Potential Economy-wide ... - USITC

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access. The FTA affirms the parties’ rights under the WTO, which includes the following<br />

from the WTO <strong>Agreement</strong> on Technical Barriers to <strong>Trade</strong>: “. . . no country should be<br />

prevented from taking measures necessary . . . for the protection of human . . . life or health,<br />

or the environment . . . at the levels it considers appropriate, subject to the requirement that<br />

they are not applied in a manner which would constitute a means of arbitrary or unjustifiable<br />

discrimination between countries where the same conditions prevail or a disguised restriction<br />

on international trade, and are otherwise in accordance with the provisions of this<br />

<strong>Agreement</strong>.”<br />

An ancillary factor in the potential effect of the FTA is the dispute settlement mechanism.<br />

While the USTR asserts that the agreement’s innovative process for settling auto-related<br />

disputes would serve as a powerful deterrent against any violations of FTA commitments, 463<br />

those in opposition to the agreement express disappointment that the burden of proof lies<br />

with U.S. exporters. 464 The dispute settlement provisions restrict the snapback penalty on<br />

light trucks, which in the United States are assessed a duty of 25 percent, to the rate for<br />

passenger cars, 2.5 percent.<br />

U.S. Imports<br />

The Commission’s economic simulation estimates that U.S. imports from <strong>Korea</strong> of the<br />

broader motor vehicles and parts sector are expected to increase by $1.3–1.7 billion (9–12<br />

percent). 465 However, according to the simulation analysis in chapter 2, 55 to 57 percent of<br />

this estimated increase in U.S. imports from <strong>Korea</strong> would be diverted from other import<br />

sources. U.S. imports of passenger vehicles from <strong>Korea</strong> accounted for 84 percent of U.S.<br />

motor vehicle and parts imports from <strong>Korea</strong> in 2006. 466 Given the relatively large overlap of<br />

the products covered in this assessment with those of the economy-<strong>wide</strong> model sector, this<br />

estimated impact on the broader sector reflects to a large degree the potential effect of the<br />

FTA on the passenger vehicle subsector.<br />

The expected increase in U.S. imports of passenger vehicles from <strong>Korea</strong> as a result of the<br />

FTA would likely be the result of U.S. tariff reductions that would make <strong>Korea</strong>n-built cars<br />

more competitive in the U.S. market, 467 and, in the longer term, provide preferential market<br />

access to <strong>Korea</strong>n-built light trucks. 468 According to one industry analyst, the elimination of<br />

the 2.5 percent tariff on U.S. imports of <strong>Korea</strong>n passenger vehicles would “make <strong>Korea</strong>n cars<br />

463 USTR, “Q&As on U.S.-<strong>Korea</strong>n FTA,” April 13, 2007.<br />

464 ITAC (2) on Automotive Equipment and Capital Goods, Advisory Committee Report, April 27, 2007.<br />

465 Impact relative to an estimated 2008 base. See chap. 2 of this report for additional information<br />

regarding the economy-<strong>wide</strong> analysis.<br />

466 As defined by GTAP sector 38. See chap. 2 for additional information.<br />

467 On average, the removal of a 2.5 percent tariff on a <strong>Korea</strong>n-built passenger car can result in an<br />

approximate $250 savings per vehicle. <strong>Korea</strong>n press reports indicate that Hyundai and Kia believe that the<br />

removal of the 2.5 percent U.S. tariff would provide “minimal benefits” in light of the appreciation of the<br />

won and other considerations, and that the tariff savings would result in the price of an imported <strong>Korea</strong>n car<br />

in the United States being reduced by $150. Seo, “Republic of <strong>Korea</strong> Daily: Abolition of Car Tariffs Will<br />

Help U.S. More,” March 30, 2007.<br />

468 <strong>Korea</strong>n estimates of the likely increase in U.S. passenger vehicle imports from <strong>Korea</strong> vary within a<br />

narrow range; for example, KIET estimated that <strong>Korea</strong>n exports of passenger vehicles will likely increase by<br />

$813 million over the 10 year implementation period of the agreement, the Ministry of Commerce, Industry<br />

and Energy estimated that <strong>Korea</strong>n exports may increase by $810 million, and the <strong>Korea</strong>n Institute for<br />

International Economic Policy (KIEP) estimated that <strong>Korea</strong>n vehicle exports will likely increase by<br />

$860 million in the first year of the agreement. Yonhap News, “Economic Effects of S. <strong>Korea</strong>-U.S. FTA May<br />

Differ From Early Estimates,” April 23, 2007; and Yonhap News, “FTA to Boost S. <strong>Korea</strong>'s Auto-related<br />

Surplus by US$1 billion,” April 11, 2007.<br />

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