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

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quota rates have been effectively equalized at 50 percent. 74 <strong>Korea</strong>n tariff rates are relatively<br />

high, 50 percent for oranges and 30 percent for lemons and grapefruit. Under the provisions<br />

of the FTA, the <strong>Korea</strong>n 30 percent tariff on U.S. lemons would be phased out over 2 years,<br />

while the 30 percent tariff on U.S. grapefruits would be phased out over 5 years. The<br />

50 percent tariff rate on U.S. fresh oranges exported to <strong>Korea</strong> between March 1 and August<br />

31 would be phased out over 7 years, with an immediate 20-percentage-point reduction of<br />

the 50 percent tariff in the first year of implementation to 30 percent ad valorem, followed<br />

by 5-percentage-point reductions each year thereafter to complete phaseout in year 7. <strong>Korea</strong>,<br />

however, would continue to maintain the 50 percent tariff on U.S. oranges imported between<br />

September 1 and March 1, but within that period, <strong>Korea</strong> would allow a duty-free permanent<br />

TRQ starting at 2,500 mt and increasing by 3 percent per year. This quota is relatively small<br />

compared to total U.S. fresh orange shipments to <strong>Korea</strong>, accounting for less than 5 percent<br />

of U.S. shipments in 2006.<br />

In addition to these reductions in tariffs, the FTA’s SPS chapter establishes a standing<br />

committee which is intended to address SPS issues related to U.S.-<strong>Korea</strong> bilateral trade. 75<br />

The SPS chapter of the agreement reconfirms the commitment of both parties to use sound<br />

science in the application of SPS measures and generally refers to the WTO SPS <strong>Agreement</strong><br />

to establish the means by which such measures would be applied. 76 Currently, U.S. fresh<br />

citrus exporters have entered into bilateral protocol agreements with <strong>Korea</strong> regarding<br />

Septoria, canker, and fruit fly. These protocols, which are outside the FTA framework, are<br />

in place between <strong>Korea</strong> and individual U.S. states such as California, Arizona, and Florida.<br />

For example, <strong>Korea</strong> prohibits the importation of fresh grapefruit from Florida unless they are<br />

certified under a bilateral protocol for Caribbean fruit flies, also known as the Caribfly<br />

Protocol. 77 The protocol restricts the Florida fruit to a small growing area in Florida that is<br />

certified to be free of fruit flies. Few grapefruits grown in Florida qualify because this area<br />

has been shrinking over the past decade. 78<br />

The provisions for fresh citrus fruit would likely have a significant effect on the U.S. citrus<br />

industry by significantly reducing tariffs on U.S. exports to one of the largest export markets<br />

for U.S. fresh citrus products. Fresh oranges accounted for the largest share of U.S. exports<br />

of fresh fruits, vegetables, and nuts to <strong>Korea</strong>, and fresh citrus of all types accounted for over<br />

half of the value in this category. In 2006, <strong>Korea</strong> imported approximately $60 million of<br />

fresh oranges, $45 million of fresh grapefruit, and $5 million of fresh lemons from the<br />

United States. 79 <strong>Korea</strong> was the third-leading destination for U.S. fresh orange exports in<br />

2006, after Canada and Japan. <strong>Korea</strong> was the second-leading destination for U.S. fresh<br />

grapefruit exports in 2006 after Japan and the fourth-leading destination for U.S. fresh lemon<br />

exports. In spite of the high tariff rates, U.S. fresh citrus is able to compete successfully in<br />

the <strong>Korea</strong>n market against both domestically grown and imported products. In 2006, the<br />

United States accounted for about 95 percent of overall <strong>Korea</strong>n citrus imports, South Africa<br />

74 Under the orange tariff-rate quota, tariffs of 50 percent are applied within the quota. The size of the<br />

quota increased every year until 2004. The tariff on imports over the quota declined from 84.3 percent in<br />

1997 to 50 percent in 2004. In practice, this eliminated the quota as the tariff was equalized for all oranges.<br />

75 For additional information regarding the FTA’s chapter on SPS, see chap. 5 of this report.<br />

76 For additional analysis regarding SPS and other NTMs, see chap. 5 of this report.<br />

77 USDA, FAS, “<strong>Korea</strong>, Product Brief, <strong>Korea</strong>n Grapefruit Market Brief 2005,” July 29, 2005, 2; and Doug<br />

Bournique (General Manager, Indian River Citrus League), conversation with Commission staff, Vero<br />

Beach, FL, June 12, 2007.<br />

78 Barnes, Richardson, and Colburn (counsel), written submission to the <strong>Trade</strong> Policy Staff Committee,<br />

Office of the USTR on behalf of the Florida Citrus Mutual, Florida Citrus Packers, Gulf Citrus Growers<br />

Assoc., and Indian River Citrus League, March 24, 2006.<br />

79 Official U.S. Department of Commerce trade statistics.<br />

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