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‘Buy American’ Rules Strengthened in U.S. Measure (Update1)

 

Dec. 16 (Bloomberg) -- “Buy American” rules requiring the use of U.S. goods in construction projects would be strengthened under legislation the U.S. House of Representatives approved today.

Provisions in the $154 billion economic-aid measure would make it more difficult for government agencies to waive the requirement that most steel and manufactured goods used for highway and bridge projects be produced in the U.S.

The waiver process has been “out of control,” Scott Paul, executive director of the Alliance for American Manufacturing, which represents U.S. Steel Corp. and the United Steelworkers union. “Waivers have eroded the impact and intent of our domestic content laws.”

The legislation extends Buy American provisions approved in February in the $787 billion economic stimulus package to purchases made with funds from today’s measure. The rules mandated that all the steel and manufactured goods purchased with the funds be made in America, or in countries with U.S. agreements on government procurement.

The rules would apply to federal spending on transportation projects, including any unspent funds from the economic stimulus legislation in February.

The jobs measure provides funding for policing, water projects, energy innovation loan guarantees, firefighter grants, national parks, worker training, state governments struggling with declining tax revenue, and extended benefits to the unemployed.

Publish Requests

The 119-page measure contains proposals from lawmakers including Democratic Representative Daniel Lipinski of Illinois requiring federal agencies to publish requests for waivers on their Web sites. Waivers that are granted must contain a detailed rationale with an analysis of the impact of the waiver on U.S. factory jobs, the legislation says.

The rule “has often been undermined by an opaque waiver process that is used to purchase foreign goods,” Lipinski wrote in a letter to lawmakers today.

The U.S. Chamber of Commerce said the Buy American restrictions may backfire by slowing the spending on government projects and risking an escalation of limits on government contracting by other nations, hurting U.S. companies.

The result will be “fewer projects funded, and fewer Americans put back to work,” the business lobbyists wrote in a letter to House Speaker Nancy Pelosi and other congressional leaders today.

The Buy American provisions in the stimulus bill were opposed by nations including Canada and the European Union. China imposed tariffs on some U.S. steel imports Dec. 10 to counter what it said are unfair subsidies from the Buy American rules. The measure next goes to the Senate.

To contact the reporter on this story: Mark Drajem in Washington at mdrajem@bloomberg.net

 

USW Updates and Background on 421 China Tire Case

The United Steelworkers (USW) April 20, 2009, filed a major trade case at the U.S. International Trade Commission, challenging the flood of imported consumer tires from China that have led to thousands of job losses and a growing number of plant closings throughout the United States. Some of the workers affected are shown in the above photos:  USW local union leaders who produce consumer tires....

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release September 11, 2009

September 11, 2009

Presidential Determination

No. 2009-28

MEMORANDUM FOR THE SECRETARY OF COMMERCE

THE SECRETARY OF LABOR

THE UNITED STATES TRADE REPRESENTATIVE

SUBJECT: Imports of Certain Passenger Vehicle and Light

Truck Tires from the People's Republic of China On July 9, 2009, the United States International Trade Commission (USITC) submitted a report to me that contained a determination pursuant to its investigation under section 421 of the Trade Act of 1974, as amended (the "Trade Act"), that certain passenger vehicle and light truck tires from the People's Republic of China (China) are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. By proclamation I have issued today (the "proclamation"), and after considering all relevant aspects of the investigation, I have proclaimed actions of the type described in section 421(a)of the Trade Act. I have determined that the most appropriate action is application of an additional duty on imports of certain passenger vehicle and light truck tires from China, as defined in paragraph 4 of the proclamation. I have also determined that such action shall be in effect for a period of 3 years. Specifically, I have proclaimed an additional duty on imports of the products described in paragraph 4 of the proclamation, which for the first year shall be in the amount of 35 percent ad valorem above the column 1 general rate of duty. For the second year, the additional duty shall be in the amount of 30 percent ad valorem above the column 1 general rate of duty, and in the third year, the additional duty shall be in the amount of 25 percent ad valorem above the column 1 general rate of duty. In order to assist workers, firms, and their communities that have been or are affected by the market disruption, I direct the Secretary of Commerce and the Secretary of Labor to expedite consideration of any Trade Adjustment Assistance applications received from domestic passenger vehicle and light truck tire producers, their workers, or communities and to provide such other requested assistance or relief as they deem appropriate, consistent with their statutory mandates. The United States Trade Representative is authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

# # #

 

Don't buy into myths saying buy-American rules are bad

BY SCOTT PAUL • February 12, 2009

The misinformation campaign against the "Buy American" requirements attached to Congress' economic recovery legislation is reminiscent of the shrewdest form of propaganda. It's laced with red herrings and glittering generalities but devoid of facts.

To hear critics of "Buy American," you would think such requirements violate our trade obligations, will ignite a trade war driving us into deep depression, and may cost us jobs. Let's set the record straight.

For more than 70 years, buy-American requirements have directed tax dollars to the purchase of American-made manufactured materials and goods for infrastructure projects, and they are fully consistent with trade obligations, which the Senate once again acknowledged through an amendment passed last week.

Existing buy-American requirements have never been successfully challenged in venues such as the World Trade Organization. Why? The United States, like most other industrialized nations, has largely reserved the right to spend its tax dollars domestically without oversight from international bureaucrats.

Some critics have alleged that enacting buy-American requirements would ignite a trade war, reminiscent of the Smoot-Hawley Tariffs of the early 1930s, which many economists believe extended and deepened the Depression. Smoot-Hawley was not wise; it raised U.S. tariffs on thousands of imported products, and it did lead to retaliation.

Here's the difference: With "Buy American," we're talking about tax dollars, not tariffs, and we're talking about government spending, not the free market. Trade is shrinking now, but collapsing economies, not new trade barriers, are the reason. "Buy American" will expand trade opportunities by generating increased American spending, some of which will inevitably be spent on manufactured imports. The global trade regime in place now makes raising tariffs on covered goods virtually impossible.

You might also have read that every economist believes "Buy American" is a bad idea. Wrong again. Many notable economists, such as former Labor Secretary Robert Reich and Business Week's Michael Mandel, believe it is important to do everything possible to stop something called leakage. That's when tax dollars geared toward stimulating domestic economic activity end up being spent overseas, a good example of which was demonstrated by Americans who took their 2008 stimulus rebate checks to big box stores and bought imported TVs. They stimulated the economy of China. With "Buy American," you prevent leakage, because government spending is directed to domestic manufacturing and workers.

Will this shut the United States out of foreign markets? Every nation wants unfettered access to the U.S. market but is reluctant to grant reciprocity. U.S. exports will increase when our government insists countries like China honor trade commitments, stop subsidizing industries, value their currencies fairly, and protect U.S. intellectual property. In fact, nations such as Russia, China, Brazil, India, Mexico, Canada and France have far more restrictive procurement regimes than we do. If we eliminate buy-American requirements, the playing field tilts away from American workers and manufacturers even more than it does now.

Finally, the allegation that buy-American requirements may cost U.S. jobs has been shopped around. This claim is false. On infrastructure spending alone, sourcing exclusively from American-made materials creates 33% more manufacturing jobs, according to a study by the Political Economy Research Institute at the University of Massachusetts-Amherst. The American manufacturing base generates four to five new jobs for each manufacturing job created, precisely the types of jobs we need right now.

SCOTT PAUL is executive director of the Alliance for American Manufacturing, a labor-management partnership of several leading U.S. manufacturers and the United Steelworkers. Write to him in care of the Free Press Editorial Page, 615 W. Lafayette, Detroit, MI 48226 or at oped@freepress.com.