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

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fifth-largest vehicle producer and the third-largest vehicle exporter, but has the lowest level<br />

of import penetration of any major automotive-producing country in the world. The 1995<br />

and 1998 MOUs were ineffective in opening the <strong>Korea</strong>n market to imported vehicles, and<br />

U.S. automotive trade deficit with <strong>Korea</strong> grew particularly quickly after the 1998 MOU,<br />

even while the U.S. government was engaged in regular consultations with the <strong>Korea</strong>n<br />

government. Mr. Meyer stated that the FTA will result in a surge of imports from <strong>Korea</strong>, a<br />

large loss of automotive jobs in the United States, and an abandoning of <strong>Korea</strong>n automaker<br />

plans for future manufacturing expansion in the United States. <strong>Korea</strong> automakers have one<br />

manufacturing plant in the United States and one under construction, and said that these two<br />

plants will not be able to satisfy most of their sales in the U.S. market. With respect to the<br />

FTA provisions, <strong>Korea</strong> will be able “to continue the discriminatory taxes and other non-tariff<br />

barriers that it has used to keep its market closed. He also said that the special auto dispute<br />

resolution process is structured in a manner that would make it extremely difficult for the<br />

U.S. to prevail in any case against <strong>Korea</strong>n non-tariff barriers.” With respect to the<br />

agreement’s side letter on autos, “<strong>Korea</strong> agreed to delay the application of selected non-tariff<br />

barriers and to allow limited volume exemptions for others. But the agreement does not<br />

require <strong>Korea</strong> to eliminate all current non-tariff barriers, nor does it establish effective and<br />

enforceable mechanisms for addressing future non-tariff trade barriers.”<br />

The Automotive Working Group created in the agreement has no enforcement power to<br />

address barriers, and that the dispute resolution procedures would do little more than<br />

“expedite slightly the usual joint committee review and arbitration process.” With respect<br />

to dispute resolution, “the burden should be on the <strong>Korea</strong>n government to prove that its<br />

discriminatory taxes and other non-tariff barriers are not responsible for keeping out our<br />

products.” He also added that the snapback remedy provision, which does not apply to the<br />

25 percent truck tariff, is “toothless,” and that it will do nothing to provide redress to the<br />

automakers and their employees. At the Commission’s hearing, Mr. Meyer stated that the<br />

FTA allows <strong>Korea</strong> to maintain its own emission standards that are “essentially equivalent”<br />

to U.S. standards in certain instances, calling into question the effectiveness with which a<br />

dispute could be resolved.<br />

National Association of Manufacturers 44<br />

In a written submission to the Commission, the National Association of Manufacturers<br />

(NAM) reported that it is the nation’s largest industry trade association, representing small<br />

and large manufacturers in every industrial sector in every state. NAM said that the FTA is<br />

not perfect, but on an overall basis is strongly beneficial to a majority of manufacturers and<br />

provides significant access to the <strong>Korea</strong>n market. NAM noted concerns that U.S. automakers<br />

have voiced regarding some tariff and nontariff provisions that they believe will continue to<br />

block commercial access to the <strong>Korea</strong>n market and the U.S. steel industry’s concerns<br />

regarding trade rules and other barriers. NAM stated that among the primary reasons for the<br />

U.S. trade deficit with <strong>Korea</strong> are the tariff and nontariff barriers that U.S. manufacturers face<br />

in the <strong>Korea</strong>n market. Further, NAM noted that it believes that the FTA would provide U.S.<br />

manufacturers with strong market access and substantially reduce barriers that companies<br />

face.<br />

44 International <strong>Trade</strong> Policy, National Association of Manufacturers, written submission, June 27, 2007.<br />

7-22

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