The final provisions of the North American Free Trade Agreement
(NAFTA) were fully implemented on January 1, 2008. Launched on
January 1, 1994, NAFTA is one of the most successful trade
agreements in history and has contributed to significant increases
in agricultural trade and investment between the United States,
Canada and Mexico and has benefited farmers, ranchers and
consumers throughout North America.
With full implementation, the last remaining trade restriction
on a handful of agricultural commodities such as U.S. exports to
Mexico of corn, dry edible beans, nonfat dry milk and high
fructose corn syrup and Mexican exports to the United States of
sugar and certain horticultural products are now removed. The
United States will continue to work with Mexico to build on the
successes achieved to date. Since 2005, the United States has
invested nearly $20 million in programs and technical exchanges to
assist Mexico in addressing production, distribution and
marketing-related challenges associated with the transition to
free and open trade.
The agricultural provisions of the U.S.-Canada Free Trade
Agreement (CFTA), in effect since 1989, were incorporated into the
NAFTA. Under these provisions, all tariffs affecting agricultural
trade between the United States and Canada, with a few exceptions
for items covered by tariff-rate quotas (TRQ's), were removed
before January 1, 1998.
Mexico and Canada reached a separate bilateral NAFTA agreement
on market access for agricultural products. The Mexican-Canadian
agreement eliminated most tariffs either immediately or over 5,
10, or 15 years.
Benefits to U.S. Agriculture
In 2007, Canada and Mexico were, respectively, the first and
second largest export markets for U.S. agricultural products.
Exports to the two markets combined were greater than exports to
the next six largest markets combined.
From 1992-2007, the value of U.S. agricultural exports
worldwide climbed 65 percent. Over that same period, U.S. farm and
food exports to our two NAFTA partners grew by 156 percent.
Trade with Mexico
: It estimated that U.S. farm and food
exports to Mexico exceeded $11.5 billion in 2007 -- the highest
level ever under NAFTA. From 2001 to 2006, U.S. farm and food
exports to Mexico climbed by $3.6 billion to $10.8 billion. U.S.
exports of soybean meal, red meats, and poultry meat all set new
records in 2006.
In the years immediately prior to NAFTA, U.S. agricultural
products lost market share in Mexico as competition for the
Mexican market increased. NAFTA reversed this trend. The United
States supplied more than 72 percent of Mexico's total
agricultural imports in 2007, due in part to the price advantage
and preferential access that U.S. products now enjoy. For example,
Mexico's imports of U.S. red meat and poultry have grown rapidly,
exceeding pre-NAFTA levels and reaching the highest level ever in
2006.
NAFTA kept Mexican markets open to U.S. farm and food products
in 1995 during the worst economic crisis in Mexico's modern
history. In the wake of the peso devaluation and its aftermath,
U.S. agricultural exports dropped by 23 percent that year, but
have since surged back setting new annual records. NAFTA cushioned
the downturn and helped speed the recovery because of preferential
access for U.S. products. In fact, rather than raising import
barriers in response to its economic problems, Mexico adhered to
NAFTA commitments and continued to reduce tariffs.
Agricultural trade has increased in both directions under NAFTA
from $7.3 billion in 1994 to $20.1 billion in 2006.
Trade with Canada
: Canada had been a steadily growing
market for U.S. agriculture under the U.S.-Canada Free Trade
Agreement (CFTA), with U.S. farm and food exports reaching a
record $11.9 billion in 2006, up from $4.2 billion in 1990. Fresh
and processed fruits and vegetables, snack foods, and other
consumer foods account for close to three-fourths of U.S. sales.
U.S. exports of consumer-oriented products to Canada continued
to set records in 2007 in virtually every category. Additionally,
new value highs were recorded for vegetable oils, planting seeds,
and sugars, sweeteners, and beverage bases. With a few exceptions,
tariffs not already eliminated dropped to zero on January 1, 1998.
In 1996, the first NAFTA dispute settlement panel reviewed the
higher tariffs Canada is applying to its dairy, poultry, egg,
barley, and margarine products, which were previously subject to
non-tariff barriers before implementation of the Uruguay Round.
The panel ruled that Canada's tariff-rate quotas are consistent
with NAFTA, and thus do not have to be eliminated.
NAFTA Eliminates Trade Barriers
NAFTA helped to eliminate a number of non-tariff measures
affecting agricultural trade between the United States and Mexico.
Prior to January 1, 1994, the single largest barrier to U.S.
agricultural sales was Mexico’s import licensing system.
However, this system was largely replaced by tariff-rate quotas or
ordinary tariffs.
All agricultural tariffs between Mexico and the United States
were eliminated as of January 1, 2008. Many were immediately
eliminated and others were phased out over transition periods of
5, 10, or 15 years. The immediate tariff eliminations applied to a
broad range of agricultural products. In fact, more than half the
value of agricultural trade became duty free when the agreement
went into effect. Tariff reductions between the United States and
Canada had already been implemented under the CFTA.
Both Mexico and the United States protected their
import-sensitive sectors with longer transition periods,
tariff-rate quotas, and, for certain products, special safeguard
provisions. However, now that the 15-year transition period has
passed, free trade with Mexico prevails for all agricultural
products. NAFTA also provides for strict rules of origin to ensure
that maximum benefits accrue only to those items produced in North
America.
Protection for Import-Sensitive Products
Under the General Agreement on Tariffs and Trade (Article XIX),
and the U.S.-Canada Free Trade Agreement (Chapter 11), countries
may take emergency action if increased imports cause injury to
domestic producers. This concept was carried over into the NAFTA.
Chapter 8 of the NAFTA permits, under specified conditions, the
parties to impose a temporary, emergency safeguard measure –
that is, an increase in the tariff to the prevailing MFN level -
in the event imports cause, or threaten to cause, serious injury
to domestic producers. In 2008, a NAFTA partner could, assuming
the associated conditions are satisfied, invoke a Chapter 8
safeguard provision until 1 year following full implementation of
the NAFTA commitments, i.e., until January 1, 2009. Beyond January
1, 2009, the NAFTA Partner could maintain a safeguard arrangement
only with the consent of the Party against whose good the action
would be taken.
Other Key NAFTA Provisions
Sanitary and Phytosanitary Measures
: The NAFTA imposes
disciplines on the development, adoption, and enforcement of
sanitary and phytosanitary (SPS) measures. These are measures
taken to protect human, animal, or plant life or health from risks
that may arise from animal or plant pests or diseases, or from
food additives or contaminants. Disciplines contained in NAFTA are
designed to prevent the use of SPS measures as disguised
restrictions on trade, while still safeguarding each country's
right to protect consumers from unsafe products, or to protect
domestic crops and livestock from the introduction of imported
pests and diseases.
Although NAFTA encourages trading partners to adopt
international and regional standards, the agreement explicitly
recognizes each country's right to determine the necessary level
of protection. Such flexibility permits each country to set more
stringent standards, as long as they are scientifically based.
NAFTA also allows state and local governments to enact standards
more stringent than those adopted at the national level, so long
as these standards are scientifically defensible and are
administered in a forthright, expeditious manner.
Export Subsidies
: The three NAFTA countries work toward
the elimination of export subsidies worldwide. The United States
and Canada are allowed under the NAFTA to provide export subsidies
into the Mexican market, under certain conditions, to counter
subsidized exports from other countries. Neither Canada nor the
United States is allowed to use direct export subsidies for
agricultural products being sold to the other, and both countries
are required to consider the export interests of the other
whenever subsidizing agricultural exports to third countries.
Internal Support
: Under NAFTA, the parties should endeavor
to move toward domestic support policies that have minimal trade
or production distorting effects, or toward policies exempt from
domestic support reduction commitments under the World Trade
Organization.
Grade and Quality Standards
: The United States and Mexico
agreed that when either country applies a measure regarding the
classification, grading, or marketing of a domestic product
destined for processing, it will provide no less favorable
treatment for like products imported for processing.
Rules of Origin
NAFTA improves incentives for buying within the North American
region and ensures that North American producers receive the
primary benefits of all newly established tariff preferences.
Goods not originating from the United States, Mexico, or Canada
must be significantly transformed or processed in one of those
countries before they receive NAFTA's lower duties for shipment to
one of the two other countries.
The NAFTA rules of origin for agricultural products were
constructed to prevent Mexico from becoming an export platform for
processed products made from subsidized raw materials originating
in non-NAFTA countries. There are also strong rules of origin for
U.S. import-sensitive commodities, such as citrus and dairy items.
Bulk Commodities
: All bulk agricultural commodities, and
certain processed products such as orange juice and cheese, are
exempt from the
de minimis provision, which otherwise
allows up to 7 percent of non-NAFTA-origin product to be included
in final NAFTA goods.
Citrus
: All single-fruit juices (fresh, frozen,
concentrated, reconstituted, fortified) must be made from
100-percent NAFTA-origin fresh citrus fruit. The
de minimis
provision does not apply to any citrus products.
Dairy Products
: Only U.S. or Mexican milk or milk products
can be used to make cream, butter, cheese, yogurt, ice cream, or
milk-based drinks traded under NAFTA preferential rates.
Vegetable Oils
: With the exception of certain industrial
fatty acids and acid oils, refining of crude oils within a NAFTA
country does not confer NAFTA origin. Making margarine and
hydrogenated oils from imported crude oils does not confer origin.
Sugar
: Refining does not confer origin. In order for sugar
to be considered of North American origin, all processing of
sugarcane or sugar beets must take place in NAFTA territory.
Peanut Products
: Mexico must produce the peanuts to
qualify for NAFTA preferential rates on peanuts and peanut
products exported to the United States. U.S. exports of peanut
products to Mexico are subject to this same rule.
Committees Help Implementation
The NAFTA Committee on Agricultural Trade monitors and promotes
cooperation on the implementation and administration of the
agricultural provisions. The committee provides a forum for the
three countries to consult on trade issues and other matters
related to the implementation of the agreement.
The NAFTA Committee on Sanitary and Phytosanitary (SPS)
Measures promotes the harmonization and equivalence of SPS
measures, and facilitates technical cooperation, including
consultations regarding disputes involving SPS measures. This
committee meets periodically to review and resolve issues in the
SPS area.
The NAFTA Advisory Committee on Private Commercial Disputes
Regarding Agricultural Goods provides recommendations to the three
governments for resolving private commercial disputes that arise
in connection with transactions in agricultural products. The
intent is to achieve prompt and effective resolution of commercial
disputes, with special attention to perishable items. The
committee is composed primarily of private sector representatives
but also has government participants. Lastly, bilaterally, the
United States maintains annual meetings with both countries called
the Consultative Committee on Agriculture (CCA). The CCA meeting
is used by both countries to ensure the full and proper
implementation of the NAFTA.