ICTSD BRIDGES 
      Feature Story
8 August 2000

NEWS FROM THE REGIONS: NORTH AMERICA

Mexico Could Seek WTO Panel on US Tuna Trade Ban

On 6 August, Mexico called for consultations with the US over concerns that the US would not comply with its prior commitments to lift a trade ban against Mexican tuna. Mexico indicated that it reserved the right to take the issue to the WTO in the event it was not resolved. On 4 January 2000, the US Commerce Department announced that it would allow the import of tuna harvested without incidental injury or death of dolphins. However, the embargo remains in place. In a joint statement, Mexico's Commerce Ministry, Environment Ministry and Foreign Ministry said, "The US commitment to lift the embargo and modify the definition of 'dolphin-free' tuna has not been complied with and, in a trial before a federal court in San Francisco, the parties have agreed on appeals processes that indicate that there will not be a decision from the court until the middle of next year. For that reason, this grave problem, which has existed for 12 years in spite of clear compliance by Mexico, is still pending."

Sugar Dispute Remains Sticky Issue For US, Mexico

Trade negotiators from the US and Mexico have missed a 1 August deadline for resolving a dispute over Mexican sugar exports to the US. At issue is a disagreement between the two countries over how to interpret the North American Free Trade Agreement (NAFTA) regarding market access for Mexican sugar to the US market. Mexico contends that, commencing October 2000, it will be able to export an unlimited amount of its excess sugar production duty-free to the United States under NAFTA. The US counters that during NAFTA sugar negotiations, US and Mexican trade negotiators exchanged letters that effectively limit Mexico's duty-free sugar imports to the US at 250,000 tons.

The heavily protected US sugar market is currently struggling under depressed sugar prices. The US Department of Agriculture on 1 August proposed a scheme to pay US sugar farmers to voluntarily destroy sugar crops in an effort to boost sugar prices. US sugar producers fear that increased market access for Mexican sugar exports will drive prices down further and force smaller producers out of business.

Mexico had previously threatened to take legal action under NAFTA against the US if the sugar dispute was not resolved by 1 August. As negotiations continue however, Mexico is looking to leverage the sugar question against a US-Mexico dispute over market access to Mexico's high-fructose corn syrup (HFCS) market. A WTO Panel ruled earlier this year that Mexico violated WTO antidumping rules by imposing duties against imports of US HFCS after considering the HFCS imports' impact on only a part of Mexico's domestic sweetener industry. The US brought the case to the WTO in May 1998. The Panel did not recommend that Mexico withdraw the duties, but did call on Mexico to revise its methodology with respect to how the duties are imposed.

"These issues cannot be unlinked," a spokesperson for the Mexican Commerce Department (SECOFI) said. "A solution to the sugar situation requires taking into account the fructose situation," the spokesperson said. However, US producers of HFCS argue that sugar and HFCS are two different products. Negotiations are expected to continue this week.

Canada, Japan Discuss Bilateral FTA

In advance of the Group of Eight (G-8) summit meeting last month, Canada and Japan discussed the possibility of a bilateral free trade agreement (FTA). Japan has a long-held policy of shunning bilateral accords in favour of multilateral agreements (e.g. WTO agreements), but is reportedly looking at bilateral accords as a way to build momentum for the stalled multilateral trade process. Japan has also been holding talks with Mexico, Singapore and South Korea, amongst which talks with Singapore have so far offered the most promise of succeeding.

Canada's Prime Minister Jean Chretien said the Japan-Canada talks were not likely to progress pass the exploratory phase too soon. "The problem [Japan faces] is their agriculture and forestry sector, which is very protected. And there's no agriculture or forestry in Singapore, of course," Mr. Chretien said, making reference to the Japan-Singapore FTA talks.

Fox Hunting for Mexico-Mercosur FTA?

Mexican President-elect Vincente Fox was expected to travel to Brazil, Argentina, Chile and Uruguay from 6-11 August. Among a range of other issues, in his talks with South American leaders Mr. Fox is expected to discuss launching talks toward a Mexico-Southern Cone Common Market (Mercosur) free trade agreement.

"Mexico Calls for "Urgent" Consultations On US Tuna Embargo, May Seek WTO Panel," WTO REPORTER, 8 August 2000; "Mexico-US talks on sugar limits continue past July 31 deadline for accord," INTERNATIONAL TRADE REPORTER, 3 August 2000; Mexico, US continue sugar talks after officials miss deadline," INSIDE US TRADE, 4 August 2000; "Mexico extends talks with US over exports, tariffs on sugar," BLOOMBERG NEWS, 2 August 2000; "Canada, Japan eye free trade deal, problems seen," REUTERS, 21 July 2000; "Mexico's Fox aims for closer Mercosur, US ties," REUTERS, 1 August 2000.

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