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multilateral agreement or a treaty. In the case of the World Trade Organization, the
prospective WTO member submits a communication to the director general of the
WTO indicating its desire to accede to the WTO under Article XII of the WTO
Agreement. A working party is then established to examine the application for
accession. Any member of the WTO may join the working party. The prospective
member is required to respond to a series of inquiries by the working party as it
examines the prospective member's trade regime. Once this examination is
sufficiently advanced, the prospective member enters into accession negotiations
with the working party to determine the concessions (trade liberalization) or other
specific obligations it must undertake before accession is concluded. The draft
Protocol of Accession prepared by the working party contains the terms of accession
agreed to by the prospective member and the working party. After negotiations have
been concluded, a package of documents setting forth the working party's report,
the draft protocol, and a schedule of specific commitments is submitted for approval
to the WTO Council/Ministerial Conference. The Protocol of Accession enters into
force once the General Council/Ministerial Conference adopts the package. Thirty
days after the protocol is accepted by the applicant, it becomes a WTO member. See
SUPPLY ACCESS — Assurance that importing countries have fair and equitable
access at reasonable prices to supplies of raw materials and other essential imports.
Such assurance might include explicit constraints against the use of the export
embargo as an instrument of foreign policy. Requests for such assurance reflect the
desire of countries to have a consistent supply of important raw materials at stable
prices. See also Embargo; Market; Supply.
GATT 1994: The major revision of the General Agreement on Tariffs and Trade that
was produced by the 1986-94 Uruguay Round negotiations and is the cornerstone of
the WTO’s rules on trade relations in the area of goods and tariffs. GATT 1994 is an
annex to the WTO Agreement and incorporates by reference GATT 1947, as
amended. Key obligations of the latter include nondiscrimination through the most-
favored-nation principle (Article I); the national treatment of imported products
once inside the border (Article III), and the protection of domestic industries
essentially through tariffs. Quantitative restrictions are prohibited (Article XI). The
binding of tariffs (Article II) provides a stable and predictable basis for trade, since
tariffs can be increased only under strict circumstances and provided that
compensation is given in the form of bindings on other tariff lines (Article XXVIII).
Exceptions to these obligations may be invoked under certain conditions for
balance-of-payments purposes (Article XII), for development (Article XVIII, which
includes special balance-of-payments provisions), as safeguards from serious injury
(Article XIX), for health or safety (Article XX), for national security (Article XXI), and
for regional integration agreements (Article XXIV). Differential and more favorable
treatment to developing countries and to least developed countries is permitted
under the 1979 Enabling Clause with respect to tariffs in the context of the
Generalized System of Preferences (GSP) and nontariff measures, notwithstanding
the most-favored-nation clause, and with respect to regional or global arrangements
concluded by developing countries. GATT 1994 also includes seven understandings
on the interpretation of existing GATT articles dealing with schedules of concessions
(Article II:1(b)), state-trading enterprises (XVII), balance-of-payments provisions
(XII and XVIII:B), customs unions and free trade areas (XXIV), waivers (XXV),
modification of GATT schedules (XXVIII), and nonapplication of the General
Agreement (XXXV). See also Agreement on Agriculture; Agreement on the
Application of Sanitary and Phytosanitary Measures; Agreement on
Implementation of Article VI of GATT 1994; Agreement on Implementation of
Article VII of GATT 1994; Agreement on Import Licensing Procedures; Agreement
on Preshipment Inspection; Agreement on Rules of Origin; Agreement on
Safeguards; Agreement on Subsidies and Countervailing Measures; Agreement on
Technical Barriers to Trade; Agreement on Textiles and Clothing; Agreement on
Trade-Related Aspects of Intellectual Property Rights; Agreement on Trade-Related
Investment Measures; Anti-dumping Code; Articles of GATT; Bretton Woods
Conference; Codes of Conduct; Compensation; Consultations; Contracting Party;
Dillon Round; GATT Ministerial Meeting of 1982; GATT Panel; Grandfather Clause;
International Trade Center UNCTAD/GATT; Kennedy Round; Liberalization;
Licensing; Most-Favored-Nation Treatment; Multilateral Trade Negotiations; Part
IV of the GATT; Principal Supplier; Protocol of Provisional Application;
Quantitative Restrictions; Round; Special and Differential Treatment; Welfare.
U.S.-ISRAEL FREE TRADE AREA AGREEMENT — The first free trade agreement
entered into by the United States. The agreement, which took effect on September 1,
1985, called for the staged elimination of tariffs between the two countries over a 10-
year period. The agreement also established a joint commission to supervise the
agreement and to periodically review the bilateral relationship. See also Bilateral
Trade Agreement; Binding; Concession; Consultations; Free Trade Area Agreement;
Tariff; Trade Agreement.
PLAZA ACCORD — An agreement in September 1985 by the G-5 (the United States,
Japan, Germany, France, and the United Kingdom) to take concrete actions aimed at
reducing external imbalances and achieving exchange rates consistent with
underlying economic fundamentals. See also Group of 7.
AGREEMENT ON AGRICULTURE — A WTO agreement establishing rules and
commitments to ensure a fair and market-oriented system for trade in agricultural
goods and products. The Agreement on Agriculture consists of rule-based
commitments, as well as specific quantitative commitments to reduce protection and
support of agricultural goods and products over a specified implementation period.
Commitments assumed by members cover the following areas: market access in the
agricultural goods and products sector; members' support of their own domestic
producers; export competition; adherence to certain rules; the developmental needs
of certain countries, such as net-food-importing developing countries; food security;
and environmental protection. The products covered under this agreement are those
listed in chapters 1 to 24 of the Harmonized Commodity Description and Coding
System (HS), including hides and skins, certain animal or vegetable fibers, and other
products, but excluding fish and fish products. See also Agreement on the
Application of Sanitary and Phytosanitary Measures; Agreement on Technical
Barriers to Trade; Harmonized System; Quantitative Restrictions; Standards;
Uruguay Round; World Trade Organization.
CUSTOMS — The government service responsible for the assessment and collection
of import and export duties and taxes and the administration of other laws and
regulations that apply to the importation, transit, and exportation of goods. See also
Agreement on Implementation of Article VII of GATT 1994; ATA Carnet; Consular
Formalities and Documentation; Court of International Trade; Customs and
Administrative Entry Procedures; Customs Classification; Customs Cooperation
Council Nomenclature; Customs Harmonization; Customs Union; Free Zone;
Harmonization; Harmonized System; Harmonized Tariff Schedule of the United
States; Imports; Kyoto Convention; Licensing; Liquidation; Most-Favored-Nation
Treatment; Nontariff Barriers; Port of Entry; Suspension of Liquidation; Tariff; Tariff
Schedules; Transit Zone; Valuation; World Customs Organization; World Trade
Organization.
TARIFF — A duty (or tax) levied upon goods transported from one customs area to
another either for protective or revenue purposes. Tariffs raise the prices of imported
goods, thus making them generally less competitive within the market of the
importing country unless that country does not produce the items so tariffed. After
seven rounds of GATT trade negotiations that focused heavily on tariff reductions,
tariffs are less important measures of protection than they used to be. The term
"tariff" often refers to a comprehensive list or schedule of merchandise with the rate
of duty to be paid to the government for importing products listed, whereas the term
"duty" applies only to the rate applicable to an individual tariff item. See also Ad
Valorem Equivalent; Ad Valorem Tariff; Bound Rates; Column 1 Rates; Column 2
Rates; Compound Tariff; Concession; Conventional Tariff; Customs Area; Customs
Classification; Double Column Tariff; Effective Tariff Rate; General Tariff;
Harmonization; Levy; Linear Reduction of Tariffs; Most-Favored-Nation Treatment;
Nominal Tariff Rate; Price; Protection; Specific Tariff; Tariff Act of 1930; Tariff
Escalation; Tariff Quota; Tax; U.S. International Trade Commission; Valuation.
DOUBLE-COLUMN TARIFF — A tariff schedule listing two duty rates for some or
all commodities. Under such arrangements, imports may be taxed at a higher or
lower rate, depending upon the importing country's trade and other relationships
with the exporting country. Some British Commonwealth countries maintain a
double-column tariff that provides preferential tariff treatment to other members of
the commonwealth. The United States and other countries also have lower tariffs for
countries to which they grant most-favored-nation treatment. See also Column 1
Rates; Column 2 Rates; Most-Favored-Nation Treatment; Preferences; Single-
Column Tariff; Tariff.
SINGLE-COLUMN TARIFF — A tariff schedule listing only one duty rate for each
imported product. The United States maintained a single-column tariff schedule
until 1909, when special preferences were instituted for products imported from
Cuba and the Philippines. See also Column 1 Rates; Column 2 Rates; Enabling
Clause; Generalized System of Preferences; Preferences; Tariff; Tariff Schedules of
the United States.
SPECIFIC TARIFF — A customs duty assessed as a stated monetary amount per unit
of physical quantity, such as so many cents a pound, a bushel, or a yard, regardless
of the value of the imported item. See also Ad Valorem Tariff; Tariff.
GENERAL TARIFF — A tariff that applies to imports from countries that do not
enjoy either preferential or most-favored-nation tariff treatment. Where the general
tariff rate differs from the most-favored-nation rate, the general tariff is usually an
older and higher rate. See also Conventional Tariff; Most-Favored-Nation
Treatment; Preferences; Tariff.
CUSTOMS AREA — A geographic area, usually but not necessarily identical to one
or several contiguous national political jurisdictions, applying a particular tariff
schedule on goods entering or leaving the area. See also Common External Tariff;
Customs; Customs Union; European Community; Free Trade Area Agreement; Free
Trade Area of the Americas; Free Zone; General Agreement on Tariffs and Trade;
Kyoto Convention; MERCOSUR; North American Free Trade Agreement; Tariff;
Tariff Schedules; Trade Diversion; U.S.-Canada Free Trade Agreement.
ARTICLE 23 (GATT ARTICLE XXIII) — Along with Article XXII, the provision of
the GATT that requires GATT members to consult with each other concerning
disputes that arise under GATT rules. Article XXIII also sets the basic provisions for
resolving disputes that cannot be settled through bilateral consultations. See also
Consultations; Dispute Settlement; General Agreement on Tariffs and Trade;
Quantitative Restrictions; Understanding on Rules and Procedures Governing the
Settlement of Disputes.
ARTICLE 24 (GATT ARTICLE XXIV) — Regulates how customs unions and free
trade areas may be formed as exceptions to the most-favored-nation provisions of
Article I. Provides for notification to the GATT contracting parties, review in a
Working Party, and the application of substantive criteria to the formation of such
regional trade associations. See also Customs Union; Free Trade; Free Trade Area
Agreement; Most-Favored-Nation Treatment.
ARTICLE XI. See Article 11 (GATT Article XI); Quantitative Restrictions; Section
22; Section 201.
ARTICLE XIX. See Article 19 (GATT Article XIX); Escape Clause; Safeguards..
ARTICLE XXIV. See Article 24 (GATT Article XXIV); Customs Union; Free Zone.
B
BALANCE OF TRADE (BOT) — A component of the balance of payments, the
surplus or deficit that results from comparing a country's expenditures on
merchandise imports with the receipts derived from its merchandise exports. See
also Balance of Payments; Credit; Mercantilism.
CAPITAL GOODS — Industrial products or other goods that are used in the creation
of additional wealth, such as machine tools. Capital goods are sometimes called
intermediate goods because they only indirectly satisfy human wants (as opposed
to consumer goods, which satisfy human wants directly), and they are sometimes
called producer goods, because they are used to produce other goods. See also
Capital; Consumer Goods; Production.
CONSUMER GOODS — Goods that directly satisfy human desires (as opposed to
capital goods). An automobile used for pleasure is considered a consumer good. An
automobile used by a business person to deliver wares is considered a capital good.
See also Capital Goods; Consumers; Goods.
C
C&F — See CFR.
ROLL ON/ROLL OFF (RO-RO) — Cargo that is rolled on and off a vessel under its
own power. Roll on/roll off shipping allows for quick and easy lading/unlading
because the cargo does not need to be loaded and unloaded by winch or crane but
can be driven on and off a vessel using a tractor trailer, van, or flatbed truck.
See also Barter; East-West Trade; Nonmarket Economy; Offset Requirements; Tied
Loan; Turnkey Contract.
EAST-WEST TRADE — Referred to trade between the former Soviet Union and the
socialist countries of Eastern Europe (East) on the one hand, and the developed
market economy countries of Western Europe, North America, and Japan on the
other (West). See also Countertrade; Nonmarket Economy.
INVISIBLE TRADE — Items such as freight, insurance, and financial services that
are included in a country's balance-of-payments accounts (in the "current" account),
even though they are not recorded as physically visible exports and imports. See
also Balance of Payments; Capital Account; Current Account; Services; Visible
Trade.
COMPENSATION — The principle, central to GATT and the WTO, that any country
that raises a tariff above its bound rate, withdraws a binding on a tariff, or otherwise
impairs a trade concession must lower other tariffs or make other trade concessions
to compensate for the disadvantage suffered by countries whose exports are
affected. See also Binding; Bound Rates; Concession; Consultations; Dispute
Settlement; General Agreement on Tariffs and Trade; Section 201; Understanding on
Rules and Procedures Governing the Settlement of Disputes; World Trade
Organization.
CONSUMERS — Individuals or groups that use economic goods and services, thus
deriving utility from them. See also Consumer Goods; Utility.
CONSUMPTION — The purchase and utilization of goods or services for the
gratification of human desires or in the production of other goods or services. The
consumer may be an individual, a business firm, a public body, or other entity. See
also Consumers; Demand; Goods; Production; Services; Utility.
PACIFIC RIM — An informal, flexible term that generally has been regarded as a
reference to countries and economies bordering the Pacific Ocean. At a minimum,
the Pacific Rim includes Canada, Japan, the People's Republic of China, Taiwan, and
the United States. It may also include Australia, Brunei, Cambodia, Hong
Kong/Macau, Indonesia, Laos, North Korea, South Korea, Malaysia, New Zealand,
the Pacific Islands, the Philippines, Russia (or the Commonwealth of Independent
States), Singapore, Thailand, and Vietnam. As an evolutionary term, it also
sometimes includes Mexico, the countries of Central America, and the Pacific coast
countries of South America. See also Asia-Pacific Economic Cooperation (APEC).
BERN CONVENTION — The International Union for the Protection of Literary and
Artistic Works, signed at Bern, Switzerland, on September 9, 1886, with additional
protocols and revisions signed in 1914, 1928, 1948, 1967, and 1971. The Bern
Convention is a major multinational treaty concerning the scope of copyright
protection to be afforded works prepared by foreign persons whose countries are
signatories. It provides copyright protection in the form of national treatment and
also requires member countries to provide certain minimum protections for
specified types of works. For instance, it requires that literary works be protected for
the life of the author plus 50 years and forbids imposition of formalities (for example,
a copyright notice) as a condition of protection. The other major copyright treaty,
the Universal Copyright Convention, is somewhat less protective of the rights of
authors. After decades of refusing to join, the United States became a signatory of
the Bern Convention in 1989. See also Agreement on Trade-Related Aspects of
Intellectual Property Rights; Commercial Counterfeiting; Copyright; Intellectual
Property; Knowledge-Based Industry; National Treatment; Property; Trademark;
Trafficking in Counterfeit Goods and Services; World Intellectual Property
Organization.
This can also include issues regarding the relationship between environmental
policy and the rules of the trading system, and how they interact. For example, the
WTO agreements recognize the right of member countries to establish and enforce
their desired level of environmental, health, and safety protection, subject to the
general discipline that such measures not be a form of protectionism. See also
Agreement on the Application of Sanitary and Phytosanitary Measures; Agreement
on Technical Barriers to Trade; Codes of Conduct; Customs and Administrative
Entry Procedures; Discrimination; Licensing; Nontariff Barriers; Packaging,
Labeling, and Marking Regulations; Quarantine, Sanitary, and Health Laws and
Regulations; Standards.
D
DAC — See Development Assistance Committee.
WORKERS' RIGHTS — Certain job conditions that workers are entitled to, such as
a safe and clean workplace or reasonable hours. The 1974 Trade Act, as amended by
the 1988 Trade Act, specifies acts, policies, and practices of a foreign government
that may be considered unreasonable because they deny such rights. These practices
can be actionable under Section 301 of the Trade Act of 1974 if they also burden or
restrict U.S. commerce. See also Core Labor Standards; Trade Act of 1974; Section
301; Trade Act of 1988.
MONEY — Any medium of exchange that is widely accepted in payment for goods
and services or to settle debts. Money also serves as a standard of value for
measuring the relative worth of different goods and services and as a means of
storing wealth. The number of units of money required to buy a commodity is its
price. Without money, trade would be reduced to barter. The "real" value of money
declines during inflationary periods. See also Barter; Capital; Credit; Currency;
Inflation; Medium of Exchange; Price; Purchasing Power; Value; Welfare.
DUMPING — Under U.S. law, sales of merchandise exported to the United States at
"less than fair value," when such sales materially injure or threaten material injury
to producers of like merchandise in the United States. The determination that sales
have been made at less than fair value involves a comparison of "normal value" —
the price at which the merchandise is sold within the exporting country or to third
countries (or a "constructed value") — and the "U.S. price" — the price at which the
merchandise is sold in the U.S. market. A statutory cost-of-production provision
requires that dumping determinations ignore sales in the home market of the
exporting country or in third-country markets that are made below cost – that is, at
prices that are too low to permit recovery of all costs within a reasonable period of
time in the normal course of trade. Dumping is recognized by the WTO rules as a
potentially unfair trade practice that can disrupt markets and injure producers of
competitive products in the importing country. In the WTO Agreement on
Implementation of Article VI of GATT 1994, WTO members created more detailed
rules governing their ability to take action against imports sold at an unfairly
discounted export price. Members agreed to establish procedures for termination
under certain conditions of antidumping duty orders after five years (which resulted
in a corresponding change in U.S. law) and to raise the de minimis rule (the lowest
rate at which a dumping margin can be determined) to 2 percent (U.S. law, which
had previously defined it at 0.5 percent, was modified accordingly). The agreement
also established a new Committee on Anti-Dumping Practices, which countries
must promptly notify of all dumping actions. Economists disagree as to the harmful
effects of dumping. Some consider the practice of dumping to establish a toehold in
a new market to be an economically rational commercial practice. See also
Agreement on Implementation of Article VI of GATT 1994; Anti-Dumping Code;
Dual Pricing; International Trade Administration; Market Disruption; Sunset
Review; Trigger Price Mechanism; Uruguay Round; Uruguay Round Agreements
Act; U.S. International Trade Commission; World Trade Organization.
E
EAI — See Enterprise for the Americas Initiative.
EQUITY — Fairness, justice. Also, the value of property beyond the total amount
owed on it. See also Direct Tax.
EQUILIBRIUM — A state in which economic forces that are likely to cause change
in opposing directions are in perfect balance, so that change is unlikely. A market is
in equilibrium if the quantity of a product that consumers will buy at the prevailing
price exactly matches the amount suppliers will sell at that price. See also Demand;
Market; Market Economy; Market Forces; Price; Supply.
EQUIVALENCE OF ADVANTAGES — See Reciprocity.
SPECIAL 301 — A statute that requires the U.S. Trade Representative to identify, on
an annual basis, those foreign countries that deny adequate and effective protection
of intellectual property rights or fair and equitable market access for Americans
relying on intellectual property protection. Section 182 of the Trade Act of 1974,
added by section 1303 of the Omnibus Trade and Competitiveness Act of 1988, is
intended to present a comprehensive approach to intellectual property and market
access and to enhance the administration's ability to negotiate improvements in
foreign intellectual property regimes through bilateral and/or multilateral
initiatives. On the basis of the USTR’s review, countries not making significant
progress or not entering into good faith negotiations may be placed in one of three
categories — Priority Foreign Country; Priority Watch List; and Watch List. Priority
Foreign Countries are subject to investigation under Section 301 conducted on an
accelerated time frame. In addition, USTR makes "other observations" about the
situation in certain counties, including noting growing concern about piracy,
highlighting recent developments, or identifying expectations for further progress,
where this is appropriate. See also Agreement on Trade-Related Aspects of
Intellectual Property Rights; Commercial Counterfeiting; Concession; Copyright;
Intellectual Property; Knowledge-Based Industry; National Trade Estimate Report;
National Treatment; Omnibus Trade and Competitiveness Act of 1988; Patent;
Priority Foreign Country; Priority Watch List; Process Patent; Property; Section 301;
Section 337; Super 301; Technology; Technology Transfer; Trade Act of 1974;
Trademark; Trafficking in Counterfeit Goods and Services; Uruguay Round;
Uruguay Round Agreements Act; Watch List; World Intellectual Property
Organization; World Trade Organization.
EURO — The common currency of those European Union countries that have
elected to participate in the third stage of economic and monetary union. The euro
was launched on January 1, 1999, with 11 participating countries (Austria, Belgium,
Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, and
Spain) converting their previous currencies at an irrevocably fixed conversion rate.
The geographic area of the participating countries is popularly referred to as the
"Euro Zone." The euro replaces the ECU (European currency unit) as the unit of
account for the European Union. Existing national notes and coins will continue to
circulate until July 1, 2002. Euro notes and coins will begin to circulate on January 1,
2002. See also European Currency Unit; European Central Bank; European
Community; European System of Central Banks; European Union.
EURO-BONDS — See Euro-Dollars.
EXPORTS — Goods and services produced in one country and sold in other
countries in exchange for goods and services, gold, foreign exchange, or settlement
of debt. Countries devote their domestic resources to exports because they can
obtain more goods and services with the international exchange they earn from the
exports than they would from devoting the same resources to the domestic
production of goods and services. See also Comparative Advantage; Export
Promotion; Ministry of International Trade and Industry; U.S. Foreign and
Commercial Service.
F
FACTORS OF PRODUCTION — All inputs — materials, labor, capital goods, and
capital — necessary to produce a product. "Materials" refers to non-manmade
materials, including raw materials, trees, energy, and land. "Labor" includes all
forms of human productive effort. "Capital goods" represents manmade inputs, such
as machines, equipment, and buildings. "Capital" is the money used to purchase
other inputs, as well as interest costs. See also Capital; Capital Goods; Comparative
Advantage; Infrastructure.
HARD FIBERS — Sisal, abaca, and coir. See also Integrated Program for
Commodities.
COMPENSATORY FINANCE — A loan or transfer of financial resources on
concessional terms to a country when its export receipts — either total receipts from
merchandise exports or receipts from a component of total exports, such as an
individual commodity or a stated group of commodities — fall below a
predetermined level. The loan, to be repaid according to a previously agreed
formula, is intended to stabilize the country's export receipts over an indicated
period. Compensatory arrangements exist under the International Monetary Fund
and the Lomé Convention. See also Commodity; International Monetary Fund;
Lomé Convention.
EXPORT PROMOTION — Public or private sector support for foreign sales through
such activities as trade missions and trade fairs, based on available market
information and analysis. See also Common Fund; Competitive; Distribution;
International Commodity Agreement; International Trade Center UNCTAD/WTO;
Market; Ministry of International Trade and Industry; Supply; Trade Fair; Trade
Mission; U.S. Foreign and Commercial Service.
MARKET FORCES — Shifts in demand and supply that are reflected in changing
relative prices, thus serving as indicators and guides for enterprises that make
investment, purchase, and sales decisions. See also Demand; Managed Trade;
Market Access; Nonmarket Economy; Price; Private Sector; Supply.
G
G-5 — See Group of 5.
G-7 — See Group of 7.
PROFIT — The net earnings accruing from the successful production or sale of
goods and services: that is, the residual remaining to the entrepreneur after all
payments for capital (interest), land (rent), labor (including management costs,
salaries, and wages), raw materials, taxes and depreciation. If a business fares
poorly, profits may be negative, in which case they become losses. See also
Entrepreneur; Market; Production; Risk.
SECURITY — A document giving title to property as collateral for a bank loan. Also,
saleable income-yielding paper traded in a stock exchange, such as stocks and
shares. See also Broker; Capital Market; Commercial Paper; Loan; Property; Spot
Market.
GROUP OF 7 (G-7) — The finance ministers from the United States, Japan, Germany,
France, Italy, the United Kingdom, and Canada. See Group of 8.
H
LIQUID HYDROCARBONS — See Bulk Carrier.
I
IA — See Import Administration.
IMPORTS — The inflow of goods and services into a country's market for
consumption. A country enhances its welfare by importing a broader range of
higher-quality goods and services at lower cost than it could produce domestically.
The expansion of world trade since the end of World War II has therefore been a
principal factor underlying a general rise in living standards in most countries. See
also Comparative Advantage; Consumption; Customs; Levy; Market; Price
Elasticity of Demand; Protectionism; U.S. International Trade Commission; Welfare.
TAX — A payment exacted on persons, corporations, and other economic entities
by a government to help pay for government operations or to discourage the
consumption of goods or services taxed by raising their cost. Taxes are distinguished
by their compulsory character and by the lack of correlation between the amount
paid and the value of the public services financed by the taxes to the taxpayers. See
also Border Tax Adjustments; Direct Tax; Excise Tax; Indirect Tax; Road Tax; Sales
Tax; Tariff; Value-Added Tax.
INDIRECT TAX — A tax that is levied on expenditure, such as a sales tax imposed
at the retail level, excise tax, or value-added tax. Some economists say indirect taxes
are regressive (in that taxes on commodities burden the poor more than the rich)
and inflationary (since they raise prices). See also Border Tax Adjustment; Direct
Tax; Excise Tax; Inflation; Tax; Value-Added Tax.
SALES TAX — A tax levied on the exchange of goods and services at one or more
stages in the process of distribution. See also Distribution; Excise Tax; Indirect Tax;
Value-Added Tax.
INTEREST — A sum paid for the use of borrowed capital, usually expressed in terms
of a rate or percentage of the capital involved (the interest rate), which is normally
higher when the risk (including both the risk of non-payment and the probability of
inflation) is greater. See also Capital; Capital Market; Credit; Inflation; Loan; Profit;
Risk.
K
KEIRETSU — In the late 20th century, descendants of Japan’s pre-war zaibatsu,
which were characterized by close, long-term business relationships between its
members. Keiretsu typically include a bank, a trading company, manufacturing
firms, and often an insurance company. Keiretsu firms are linked to one another
through a network of formal and informal ties including cross-shareholdings, time-
honored buyer-supplier arrangements, interlocking corporate directorates,
interchange of personnel between member firms, and the sharing of information
concerning product development and distribution. While keiretsu do have some
positive aspects such as cost reduction and quality control, their exclusionary nature
can act as an impediment to foreign market access. See also Codes of Conduct;
Industrial Policy; Managed Trade; Market Access; Restrictive Business Practice.
L
LASU — See Large Aircraft Sector Understanding.
TARIFF ACT OF 1930 — U.S. trade legislation that raised tariff rates on most articles
imported by the United States, triggering comparable tariff increases by U.S. trading
partners. The Tariff Act of 1930, which has been amended by subsequent trade
legislation, is also known as the Smoot-Hawley Act, after the two legislators who
sponsored it, and sometimes as the Grundy Tariff, after Joseph Grundy, president
of the Pennsylvania Manufacturers Association, who was the chief lobbyist for it.
See also Beggar-Thy-Neighbor Policy; Column 2 Rates; Countervailing Duties;
Imports; Protectionism; Reciprocity; Retaliation; Tariff; Trade Agreements Act of
1934.
TRADE AGREEMENTS ACT OF 1934 — Legislation that amended the Tariff Act of
1930, providing authority for the United States to negotiate agreements with other
countries for reciprocally beneficial tariff reductions. The resulting agreements were
then applied to other countries through most-favored-nation clauses. The original
1934 legislation, as extended by several further acts of the U.S. Congress, provided
authority for U.S. participation in the first five rounds of GATT trade negotiations,
from 1947 through the Dillon Round. It was superseded by the Trade Expansion Act
of 1962. See also Bilateral Trade Agreement; Dillon Round; Negotiations; Peril Point;
Reciprocity; Tariff Act of 1930; Trade Agreement; Trade Expansion Act of 1962.
TRADE ACT OF 1974 — Legislation enacted by the U.S. Congress in late 1974 and
signed into law on January 3, 1975, granting the U.S. president broad authority to
enter into international agreements to reduce import barriers. The act stated that its
major purposes were:
To stimulate U.S. economic growth and to maintain and enlarge foreign
markets for the products of U.S. agriculture, industry, mining, and
commerce;
To strengthen economic relations with other countries through open and
nondiscriminatory trading practices;
To protect American industry and workers against unfair or injurious import
competition;
To provide "adjustment assistance" to industries, workers, and communities
injured or threatened by increased imports.
The act also granted the president authority to extend tariff preferences to certain
imports from developing countries and to set conditions under which most-favored-
nation treatment could be extended to nonmarket economy countries that
previously had not received MFN treatment from the United States. See also
Adjustment; Adjustment Assistance; Countervailing Duties; Dumping; Escape
Clause; Generalized System of Preferences; Most-Favored-Nation Treatment;
Safeguards; Section 301; Tokyo Round; U.S. International Trade Commission;
Williams Commission.
TRADE ACT OF 1988 — See Omnibus Trade and Competitiveness Act of 1988.
BUY AMERICAN ACT — U.S. legislation passed in 1933 that mandates preference
for the purchase of domestically produced goods over foreign goods in U.S.
government procurement. The president has the authority to waive the Buy
American Act within the terms of a reciprocal agreement or otherwise in response
to the provision of reciprocal treatment to U.S. producers. Under the 1979 GATT
Government Procurement Code, the U.S.-Israel FTA, the U.S.-Canada FTA, and the
WTO Agreement on Government Procurement, the United States provides access to
the government procurement of certain U.S. agencies for goods from the other
parties to those agreements. Other "buy-national" legislative provisions exist
separately from the Buy American Act requirements. See also Agreement on
Government Procurement; Government Procurement Policies and Practices; U.S.-
Israel Free Trade Agreement; U.S.-Canada Free Trade Agreement.
"Super" 301 (§ 1302 of the act) provisions require the U.S. Trade
Representative to identify priority practices (trade-distorting practices whose
elimination might substantially increase U.S. exports) and priority countries
(countries with the highest trade barriers and best markets for U.S. exports)
and to initiate Section 301 investigations of such practices;
"Special 301" (§ 1303 of the act) requires USTR to identify and self-initiate
expedited Section 301 investigations of countries that deny adequate
protection of intellectual property rights;
"Telecommunications 301" (§ 1377 of the act) requires USTR to review, on an
annual basis, trade agreements that involve telecommunications products or
services to determine whether a foreign country is failing to comply with the
agreement or is otherwise denying opportunities to U.S. telecommunications
products and services.
URUGUAY ROUND AGREEMENTS ACT — The act that implemented in U.S. law
the trade agreements resulting from the Uruguay Round. Enacted in 1994 with an
effective date of January 1, 1995, the URAA includes provisions amending the U.S.
antidumping and countervailing duty laws in response to the WTO Agreement on
Implementation of Article VII of the GATT 1994 and the Agreement on Subsidies
and Countervailing Measures. It also contains provisions implementing the
Uruguay Round agreements relating to import safeguard measures; foreign trade
barriers and unfair trade practices in import trade; textiles and apparel trade;
government procurement; technical barriers to trade (product standards); trade in
agricultural products; and the trade-related aspects of intellectual property rights.
Among the domestic laws affected were the Tariff Act of 1930, the Trade Act of 1974,
the Trade Agreements Act of 1979, the Agricultural Trade Act of 1978, and U.S.
copyright, trademark, and patent law. See also Agreement on Agriculture;
Agreement on the Application of Sanitary and Phytosanitary Measures; Agreement
on Import Licensing Procedures; Agreement on Implementation of Article VI of
GATT 1994; Agreement on Implementation of Article VII of GATT 1994; Agreement
on Preshipment Inspection; Agreement on Rules of Origin; Agreement on
Safeguards; Agreement on Subsidies and Countervailing Measures; Agreement on
Technical Barriers to Trade; Agreement on Textiles and Clothing; Agreement on
Trade-Related Aspects of Intellectual Property Rights; Agreement on Trade-Related
Investment Measures; General Agreement on Trade in Services; Omnibus Trade and
Competitiveness Act of 1988; Sunset Review; Tariff Act of 1930; Trade Act of 1974;
Trade Agreements Act of 1979; Understanding on Rules and Procedures Governing
the Settlement of Disputes; Uruguay Round; World Trade Organization.
LIQUIDATION — Final payment of all duties owing on items imported into the
United States. Where the amount of duty is not finally determined at the time that
the item is entered, as during the pendency of an antidumping or countervailing
duty investigation, liquidation is suspended until the investigation is completed and
a final duty determination is issued. See also ATA Carnet; Codes of Conduct;
Consular Formalities and Documentation; Consular Invoice; Customs; Customs and
Administrative Entry Procedures; Customs Bond; Customs Classification; Imports;
Free Zone; Licensing; Nontariff Barriers; Port of Entry; Quarantine, Sanitary, and
Health Laws and Regulations; Suspension of Liquidation; Tariff; Tariff Schedules;
Transit Zone; Valuation; World Customs Organization; World Trade Organization.
M
OFFSHORE MANUFACTURING — The foreign manufacture of goods by a
domestic firm primarily for import into its home market.
MARKET — The area within which buyers and sellers interact to effect economic
exchanges. The estimated or realized demand for a good or service may also be
referred to as its "market." See also Demand; Distribution; Market Economy;
Monopoly; Production; Purchasing Power; Supply.
COMMON MARKET — See Customs Union; European Coal and Steel Community;
European Community.
CAPITAL MARKET — The market for longer-term loanable funds. The capital
market in a country is not one institution; rather, it includes securities exchanges,
underwriters, investment banks, and insurance companies that canalize supply and
demand for long-term capital and claims on capital, especially when concentrated
in such major financial centers as New York City and London. The marketing of
securities is an important element in the efficient working of a capital market. See
also Capital; Developing Countries; Insurance; International Finance Corporation;
Market; Security; Underwriter; World Bank.
FORWARD MARKET — A market in which contracts for future deliveries of goods
and securities on a specified date are entered into at fixed prices. The contracts
themselves are popularly known as "futures." Many commodity exchanges — wool,
cotton, and wheat, for example — have established forward markets that permit
interested parties to hedge against changes in the prices of the raw materials they
use or deal in. See also Commodity; Hedge; Market; Spot Market.
SPOT MARKET — A market in which goods or securities are traded for immediate
delivery. The spot price is, therefore, the price for immediate delivery. See also
Forward Market; Market; Price; Security.
MERCOSUR — The Spanish abbreviation for Mercado Común del Sur (Southern
Common Market). Argentina, Brazil, Paraguay, and Uruguay officially inaugurated
MERCOSUR in January 1991. On January 1, 1995, MERCOSUR designated itself as
a customs union by establishing a common external tariff covering 85 percent of
traded goods. MERCOSUR will gradually phase in coverage of the CET through
2006, when all products should be covered by the customs union. Chile became an
associate member of MERCOSUR on October 1, 1996, and Bolivia did the same on
April 1, 1997. Neither country participates in the CET. See also Common External
Tariff; Customs; Customs Area; Customs Union; European Community; European
Free Trade Association; Free Trade Area Agreement; Free Trade Area of the
Americas; General Agreement on Tariffs and Trade; Kyoto Convention; North
American Free Trade Agreement; Tariff; Tariff Schedules; Trade Diversion; U.S.-
Canada Free Trade Agreement.
N
NAFTA — See North American Free Trade Agreement.
CORE LABOR STANDARDS — Core labor standards are human rights agreed by
the International Labor Organization and other groups to include freedom of
association, the right to organize and bargain collectively, a prohibition on forced
labor, a prohibition on discrimination in employment, and a prohibition on
exploitive child labor. Founded in 1919, the ILO is the United Nations’ specialized
agency established to promote social justice and internationally recognized human
and labor rights. See also United Nations Development Program; Workers' Rights.
O
WEST — See East-West Trade.
ODA — See Official Development Assistance.
SUPPLY — The quantity of an economic good that sellers will make available at a
given price at a certain time in a specific market. A supply schedule indicates the
quantity of an economic good that might enter the market at all possible prices at a
particular time. Supply in a market economy is principally determined by the
response of many individual entrepreneurs and firms to their perceptions of
opportunities for earning profits. See also Demand; Entrepreneur; Goods; Market;
Market Economy; Price Elasticity of Supply; Private Sector; Profit.
RELATIONSHIP BETWEEN GATT AND WTO: The terms "WTO" and "GATT" each
designate both an entity and a multilateral agreement governing international trade.
From 1947 to 1994, GATT referred to the organization headquartered in Geneva
through which the contracting parties to the General Agreement on Tariffs and
Trade would consult regarding the application of the agreement's provisions, as well
as a multilateral trade agreement among autonomous economic entities — the
General Agreement on Tariffs and Trade, sometimes referred to as GATT 1947 —
aimed at expanding international trade as a means of raising world welfare. With
the establishment of the WTO in 1995, however, the GATT organization ceased to
exist. In contrast, as discussed below, the GATT agreement was incorporated in total
into the constituent agreements of the WTO in a document referred to as GATT 1994.
The parties obligated under the GATT and WTO agreements are not identical, but
WTO members must, as a prerequisite to membership, be contracting parties to the
GATT. Moreover, the entry into force of the WTO Agreement, with its various
substantive agreements, did not terminate the force and effect of the GATT
provisions to which contracting parties are obligated. Indeed, many WTO
agreements currently in force build on, clarify, or strengthen provisions contained
in the GATT agreement. See also Accession; Contracting Party; General Agreement
on Tariffs and Trade; Protocol of Accession; Trade Policy Review; Uruguay Round.
The multilateral agreements in Annexes 1, 2, and 3 are integral parts of the WTO
Agreement that are binding on all members. The plurilateral agreements in Annex
4, on the other hand, are binding only on those members that have accepted to be
bound by them. The Dairy and Bovine Meat agreements were terminated at the end
of 1997. See also Agreement on Agriculture; Agreement on the Application of
Sanitary and Phytosanitary Measures; Agreement on Implementation of Article VI
of GATT 1994; Agreement on Import Licensing Procedures; Agreement on
Implementation of Article VII of GATT 1994; Agreement on Preshipment Inspection;
Agreement on Rules of Origin; Agreement on Safeguards; Agreement on Subsidies
and Countervailing Measures; Agreement on Technical Barriers to Trade;
Agreement on Textiles and Clothing; Agreement on Trade-Related Aspects of
Intellectual Property Rights; Agreement on Trade-Related Investment Measures;
Aircraft Agreement; Basic Telecommunications Services Agreement; Codes of
Conduct; Customs; Customs Classification; Free Zone; General Agreement on
Tariffs and Trade; General Agreement on Trade in Services; Imports; Information
Technology Agreement; Liquidation; Minimum Valuation; Most-Favored-Nation
Treatment; Multilateral Trade Organization; Sunset Review; Suspension of
Liquidation; Tariff; Tokyo Round; Trade Policy Review Mechanism; Trade-Related
Environment Issues; Trade-Related Investment Measures; Understanding on Rules
and Procedures Governing the Settlement of Disputes; Uruguay Round; Uruguay
Round Agreements Act; Valuation; World Customs Organization.
P
ANDEAN PACT — An arrangement between Bolivia, Colombia, Ecuador, Peru,
and Venezuela for the coordination of economic policies, including the formation of
a free trade zone in the Andean region. See also Customs Union; Free Trade Area
Agreement.
KNOCKED DOWN (K.D.) — Merchandise that is imported complete with all parts
but in an unassembled state (such as oversized machinery), usually to facilitate
packing and shipping.
PART IV OF THE GATT — Articles XXXVI, XXXVII, and XXXVIII of the GATT,
added to the General Agreement in 1965, concerning the special needs of developing
countries. Part IV outlines principles and objectives for GATT treatment of LDCs,
committing contracting parties to assist these countries through trade liberalization
and laying down the principle that developed countries should not expect LDCs, in
the course of trade negotiations, to make contributions inconsistent with their
individual needs. See also Articles of the GATT; Developing Countries; Economic
Development; Enabling Clause; Framework Agreement; General Agreement on
Tariffs and Trade; Least Developed Countries; Reciprocity; Special and Differential
Treatment.
EXPORT PRICE (EP) — The price at which particular merchandise is first sold (or
agreed to be sold) before the date of importation by the producer or exporter of the
merchandise outside of the United States to an unaffiliated purchaser in the United
States, or to an unaffiliated purchaser for exportation to the United States. Under
U.S. antidumping law, dumping consists of sales of merchandise exported to the
United States at "less than fair value," when such sales materially injure or threaten
material injury to producers of like merchandise in the United States. The
determination that sales have been made at less than fair value involves a
comparison of "normal value" — the price at which the merchandise is sold within
the exporting country or to third countries (or a "constructed value") — and the "U.S.
price" — the price at which the merchandise is sold in the U.S. market. U.S. price
may be derived either from the export price or the constructed export price. The
price used to establish the EP can be adjusted to take into account certain costs,
charges, taxes, duties, and expenses. The term EP was introduced along with other
changes to U.S. antidumping law resulting from the Uruguay Round Agreements
Act in implementation of the WTO Agreement concluded during the Uruguay
Round. The term EP replaces the term Purchase Price (PP), which was its
counterpart under the pre-URAA law. See also Agreement on Implementation of
Article VI of GATT 1994; Anti-Dumping Code; Constructed Export Price; Dumping;
Normal Value; United States Price; Uruguay Round; Uruguay Round Agreements
Act; World Trade Organization.
UNITED STATES PRICE (USP) — The price at which merchandise is sold in the U.S.
market. Under U.S. antidumping law, dumping consists of sales of merchandise
exported to the United States at "less than fair value," when such sales materially
injure or threaten material injury to producers of like merchandise in the United
States. The determination that sales have been made at less than fair value involves
a comparison of "normal value" — the price at which the merchandise is sold within
the exporting country or to third countries (or a "constructed value") — and the "U.S.
price." USP is either the export price or the constructed export price. See also
Agreement on Implementation of Article VI of GATT 1994; Anti-Dumping Code;
Constructed Export Price; Dumping; Export Price; Level of Trade Adjustments;
Normal Value; Uruguay Round Agreements Act.
SOFT LOAN — A credit providing for significantly easier repayment terms than
credits that are normally obtainable from commercial banks. A soft loan frequently
involves a grace period of several years and only a small servicing charge. See also
Additionality; Credit; Inter-American Development Bank; Interest; International
Development Association; International Monetary Fund; Loan; Multilateral Aid;
Multilateral Investment Fund; Official Development Assistance; Overseas Private
Investment Corporation; Risk; Security; Tied Loan; World Bank.
Q
QRs — See Quantitative Restrictions.
R
RBPs — See Restrictive Business Practices.
REINSURANCE — The shifting by agreement (known in the insurance industry as
a "treaty") of part of the risk (or "exposure") of the original insurer (the ceding
company) to another insurer (the reinsurer). Sometimes a reinsurer will, in turn, pass
on part of its risk to another reinsurer through a process known as retrocession.
International reinsurance is important to developed and developing countries alike.
See also Insurance; Risk.
RE-EXPORTS — Under U.S. trade law, goods of non-U.S. origin that are imported
into the United States and then shipped back either to the original country of origin
or to a third country. See also ATA Carnet; Drawback; Free Zone;
SNAPBACK — A return to earlier and usually higher tariff levels. See also Tariff;
Tariff Schedules.
HEDGE — Action taken by a buyer or seller to protect his or her business or assets
against a change in prices. A miller, for example, might buy a quantity of wheat to
convert into flour at a given point in time and agree at the same time to sell a similar
quantity of wheat that he does not own, at the same price, for delivery at a
designated future point in time. If the price of wheat falls, he will lose on the flour
while making a profit on the wheat he can later buy at the lower price. But if the
price of wheat rises, he will make an extra profit on his flour, which he will have to
sacrifice by purchasing wheat at the current high price. In either case, his production
profits are protected. See also Forward Market; Risk.
RISK — The possibility of gain or loss, depending upon the success or failure of the
financial or commercial venture in question (speculative risks). Banks also accept
risks when they make loans, which may either be repaid or defaulted. Capital
investors are sometimes referred to as risk-bearers; their investments may be
considered "venture capital" if they appear to be subject to considerable risk, as in
the case of new enterprises, or "security capital" if they appear to be subject to little
risk. Pure risk is involved when there is no possibility of gain, but only the possibility
of loss. Insurance is concerned with pure risks, not speculative risks. See also Credit;
Entrepreneur; Insurance; Interest; Loan; Profit; Reinsurance.
ROUND — A cycle of multilateral trade negotiations, under the aegis of GATT and
now of the WTO, culminating in simultaneous trade agreements among
participating countries to reduce tariff and nontariff barriers to trade. The GATT
held eight rounds: Geneva, 1947-48; Annecy, France, 1949; Torquay, England, 1950-
51; Geneva, 1956; Geneva, 1960-62 (the Dillon Round); Geneva, 1963-67 (the
Kennedy Round); Geneva, 1973-79 (the Tokyo Round); Geneva, 1986-1993 (the
Uruguay Round). The Uruguay Round resulted in the establishment of the World
Trade Organization in 1994. See also Dillon Round; General Agreement on Tariffs
and Trade; Kennedy Round; Liberalization; Multilateral Trade Negotiations;
Negotiations; Offer List; Peril Point; Reciprocity; Request List; Tokyo Round; Trade
Agreement; Trade Agreements Act of 1934; Uruguay Round; Williams Commission;
World Trade Organization.
DILLON ROUND — Trade negotiations that took place under the aegis of GATT
from 1960 to 1962, named after Douglas Dillon, then the U.S. under secretary of state,
who publicly proposed the negotiations. See also General Agreement on Tariffs and
Trade; Kennedy Round; Round; Tokyo Round; Uruguay Round.
KENNEDY ROUND — The popular name for the sixth and, at that time, most
ambitious round of trade negotiations under the aegis of the GATT. The Kennedy
Round, which lasted from 1963 to 1967, yielded agreements reducing prevailing
tariff levels maintained by developed countries on industrial products by about one-
third, an Anti-Dumping Code, and a short-lived International Wheat Agreement
that was intended to stabilize world wheat prices. (The Wheat Agreement replaced
the latest in a series of International Wheat Agreements going back to the 1950s.) See
also Anti-Dumping Code; General Agreement on Tariffs and Trade; Linear
Reduction of Tariffs; Round; Special and Differential Treatment; Tariff; Trade
Expansion Act of 1962.
S
SAFEGUARDS — Temporary and selective measures (such as increased tariffs, tariff
quotas,or quantitative restrictions) explicitly designed to slow imports in order to
enable a particular domestic industry to adjust to heightened competition from
foreign suppliers. Safeguard actions are known in the United States as "escape
clause" actions, and the authority to take such actions is provided for in various U.S.
laws, most prominently Section 201 of the Trade Act of 1974, as amended. The
GATT's safeguard provision, Article XIX (Emergency Action on Imports of
Particular Products), recognizes a country's right to withdraw or modify concessions
granted earlier or to impose new restrictions if a product is "being imported in such
increased quantities...as to cause or threaten serious injury to domestic producers"
and to maintain such restrictions "for such time as may be necessary to prevent or
remedy such injury." Exporters have a complementary right under GATT not to be
deprived arbitrarily of access to foreign markets. The WTO Agreement on
Safeguards establishes rules for the application of the safeguard measures contained
in GATT Article XIX. See also Adjustment; Agreement on Safeguards; Agreement
on Textiles and Clothing; Article 11 (GATT Article XI); Article 19 (GATT Article
XIX); Codes of Conduct; Competitive; Concession; Escape Clause; Framework
Agreement; General Agreement on Tariffs and Trade; Import Relief; Market Access;
Omnibus Trade and Competitiveness Act of 1988; Orderly Marketing Agreements;
Protectionism; Quantitative Restrictions; Section 22; Section 201; Section 406;
Selective Quotas; Sensitive Products; Specific Limitations on Trade; Special and
Differential Treatment; Tokyo Round; Trade Barriers; Trade Act of 1974; Uruguay
Round; U.S. International Trade Commission; Voluntary Restraint Agreements;
World Trade Organization.
SECTION 201 — A provision of the U.S. Trade Act of 1974, as amended by the
Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round
Agreements Act of 1994, known as an "escape clause." Section 201 is the United
States' implementation of Article XIX, the safeguard provision of the 1994 GATT, as
interpreted by the WTO Agreement on Safeguards. It sets forth the authority and
procedures for the president to take action, including import relief, to facilitate
efforts by a domestic industry that has been seriously injured by imports to make a
positive adjustment to import competition. Under Section 201, the U.S. International
Trade Commission (USITC) investigates whether an article is being imported into
the United States in such increased quantities, absolute or relative to domestic
production, as to be a substantial cause of serious injury, or threat thereof, to a
domestic industry. If the USITC finds that a domestic industry has been seriously
injured or threatened with serious injury, it recommends to the president relief to
the industry in the form of temporary import restrictions (tariffs, quotas, or tariff-
rate quotas) or trade adjustment assistance. Such import relief cannot exceed eight
years, including extensions. See also Adjustment; Adjustment Assistance;
Agreement on Safeguards; Article 19 (GATT Article XIX); Compensation; Escape
Clause; Import Relief; Omnibus Trade and Competitiveness Act of 1988; Reciprocity;
Safeguards; Section 406; Trade Act of 1974; Uruguay Round Agreements Act; U.S.
International Trade Commission.
The Secretary of Commerce has 270 days to present his/her findings and
recommendations to the president. During this time, the Commerce Department
may provide the public with an opportunity to comment and present information
and advice relevant to the application. Upon receipt of the Commerce Department
report, the president has 90 days to determine whether he agrees with the
department's findings and to determine whether to use his/her statutory authority
to "adjust imports" to remove any identified national security threat. Commerce has
had authority for conducting Section 232 investigations since 1980. See also General
Agreement on Tariffs and Trade; Nontariff Barriers; Quantitative Restrictions; Trade
Expansion Act of 1962.
SECTION 301 — A provision of the U.S. Trade Act of 1974, as amended, that gives
the U.S. Trade Representative the authority to negotiate to eliminate a large range of
foreign trade practices. The authority to take such action requires a finding that a
foreign government has denied U.S. rights under a trade agreement, has taken action
that is inconsistent with or otherwise denies benefits to the United States under a
trade agreement; or has engaged in an act, policy, or practice that is unjustifiable,
unreasonable, or discriminatory and that burdens or restricts U.S. commerce. See
also Concession; Domestic Subsidy; Export Subsidy; Omnibus Trade and
Competitiveness Act of 1988; Special 301; Super 301; Trade Act of 1974; Unfair Trade
Practices.
SECTION 332 — A provision of the U.S. Tariff Act of 1930 that provides the basic
statutory authority for the U.S. International Trade Commission (USITC) to conduct
fact-finding investigations and issue reports on any matter relating to trade. Such
reports do not contain recommendations unless they have been specifically
requested, and they do not provide a legal basis for other trade actions by the
president. Investigations conducted by the USITC under Section 332 are instituted
in response to a request from the Ways and Means Committee of the U.S. House of
Representatives, the Finance Committee of the U.S. Senate, either branch of the
Congress, the president, the U.S. Trade Representative under authority delegated by
the president, or upon the commission's own motion. See also Tariff Act of 1930;
United States Trade Representative; U.S. International Trade Commission.
SECTION 337 — A provision of the U.S. Tariff Act of 1930 that protects U.S.
industries from imports that infringe valid patents, copyrights, trademarks, and
other intellectual property rights. Parties can obtain relief in the form of cease-and-
desist and exclusion orders if they succeed in showing they are a "domestic industry"
under the statute and that their intellectual property right is valid and infringed.
Economic injury does not need to be demonstrated regarding patents, federally
registered trademarks, copyrights, and semiconductor mask works. For other forms
of intellectual property, economic injury must be demonstrated. The president may
approve, disapprove, or fail to disapprove any U.S. International Trade Commission
(USITC) order within a 60-day review period. The president may disapprove a
USITC exclusion order for policy reasons, which include the effect of the order on
the public health and welfare, competitive conditions in the U.S. economy, the
production of like or directly competitive items in the United States, the effect of the
order on U.S. consumers, and the impact of the order on foreign relations. See also
Commercial Counterfeiting; Copyright; Intellectual Property; Knowledge-Based
Industry; Patent; Process Patent; Property; Special 301; Tariff Act of 1930;
Trademark; Trafficking in Counterfeit Goods and Services.
SECTION 406 — A provision of the U.S. Trade Act of 1974 established to provide a
remedy against market disruption caused by imports into the United States from
communist countries. The provisions of Section 406, as amended by the Omnibus
Trade and Competitiveness Act of 1988, are similar to those under Sections 201 to
203 of the Trade Act of 1974. However, Section 406 provides a lower standard of
injury causation and, unlike Section 201, the investigation can be brought against
imports from a specific country rather than all imports of a specific product. Section
406 requires the U.S. International Trade Commission (USITC) to investigate
complaints filed by domestic industries or workers claiming that imports from a
communist country are causing market disruption with respect to a domestically
produced article. If the USITC finds that market disruption exists, it must
recommend to the president relief in the form of temporary import restrictions such
as tariffs, quotas, or tariff-rate quotas to prevent or remedy such market disruption.
See also Agreement on Safeguards; Article 19 (GATT Article XIX); Import Relief;
Market Disruption; Nonmarket Economy; Protectionism; Safeguards; Section 201;
Trade Act of 1974; U.S. International Trade Commission.
SUPER 301 — A trade law provision under which the U.S. Trade Representative
identifies, in an annual report, those "priority foreign country practices" that, if
eliminated, have the greatest potential for the expansion of U.S. exports. Section 301
of the Trade Act of 1974, as added by section 1302 of the Omnibus Trade and
Competitiveness Act of 1988, required the USTR in 1989 and 1990 to identify trade
liberalization priorities and to initiate Section 301 investigations with respect to such
priority practices in all countries where these liberalization priorities had not been
met. This particular aspect of U.S. trade law expired in 1991. On March 3, 1994,
President Bill Clinton signed an executive order reinstituting the Super 301 trade
law provision; he later extended the provision to calendar years 1996 and 1997.
However, authority under Super 301 expired in 1997 at which time it again expired.
On January 26, 1999, USTR announced the re-institution of Super 301, identifying its
significance in addressing market access issues. After identification, the priority
foreign country practices become the subject of investigations under Section 301. The
first step of that process is consultations with the foreign government in an effort to
reach agreement on the elimination of the practices in question or, in appropriate
cases, on compensation for the damage done by the practices. If no agreement is
reached, the investigation continues. Where the foreign practices at issue constitute
violations of trade agreements such as the GATT or the WTO, the United States takes
those practices to the dispute-resolution process created in those agreements. At the
end of the investigation, USTR determines if the practices are actionable under
Section 301 and, if so, what action should be taken in response to them. See also
Liberalization; National Trade Estimate Report; Omnibus Trade and
Competitiveness Act of 1988; Priority Foreign Country; Section 301; Trade Act of
1974; Unfair Trade Practices; United States Trade Representative; World Trade
Organization.
T
TARIFF EXTERIEUR COMMUN (TEC) — See Common External Tariff.
NOMINAL TARIFF RATE — The rate of duty charged on the gross value of a given
product, rather than on the value of its components. See also Effective Tariff Rate;
Tariff; Tariff Escalation.
COLUMN 1 RATES — U.S. tariff rates (nearly all of which are "bound" rates)
established through trade negotiations. They are usually substantially lower than
column 2 rates and apply to all countries to which the United States grants most-
favored-nation treatment. See also Bound Rates; Column 2 Rates; Most-Favored-
Nation Treatment.
COLUMN 2 RATES — U.S. statutory tariff rates, generally set by the Smoot-Hawley
Tariff Act of 1930, as amended. These rates are substantially higher than column 1
rates. For countries receiving most-favored-nation treatment, they have been
supplanted by lower tariffs established through concessions, which are set out in
column 1 of the tariff schedule. Column 2 rates are currently assessed only on
imports from countries that do not receive most-favored-nation treatment from the
United States, all of which are state-trading nations. See also Column 1 Rates;
Concession; Most-Favored-Nation Treatment; Tariff Act of 1930.
BOUND RATES — Tariff rates resulting from GATT negotiations that are
incorporated in a country's schedule of concessions and are thus enforceable as an
integral element of the WTO regime. If a WTO member raises a tariff to a higher
level than its bound rate, the major beneficiaries of the earlier binding have a right
to receive compensation, usually in the form of reduced tariffs on other products
they export to the country. If the beneficiaries do not receive such compensation,
they may retaliate by raising their own tariffs against an equivalent value of the
original country's exports. See also Binding; Compensation; Concession; General
Agreement on Tariffs and Trade; Retaliation; Tariff; World Trade Organization.
TERMS OF TRADE — The ratio of prices (unit values) of a country's exports to the
prices (unit values) of its imports. Some economists have discerned a deteriorating
trend in this ratio for developing countries as a whole. Other economists maintain
that whereas the terms of trade may have become less favorable for certain countries
during certain periods — and even for all developing countries during some periods
— the same terms of trade have improved for other developing countries in the same
periods and perhaps for most developing countries during other periods. See also
Balance of Payments; Balance of Trade; Developing Countries; Export Price; Unit
Value.
EXCHANGE RATE — The price (or rate) at which one currency is exchanged for
another currency, for gold, or for Special Drawing Rights. See also Currency;
International Monetary Fund; Par Value; Special Drawing Rights.
BILL — A document giving evidence of indebtedness of one party to another, as, for
example, a written order for goods that can be used as security for a loan to the
supplier of the goods from a bank, or a security such as a Treasury bill. See also
Euro-Dollars; Medium of Exchange; Security; Trade Agreements Act of 1934.
•Eliminate, over a mutually agreed upon time period, all tariffs on trade between
the three countries;
The negotiations were concluded in August 1992, and the draft text was structured
along the lines of the U.S.-Canada Free Trade Agreement. The Clinton
administration negotiated supplemental agreements on labor and environmental
issues, and Congress approved the whole package of NAFTA agreements in
November 1993. NAFTA went into effect January 1, 1994. It is being viewed as a
testing ground for possible future agreements to be negotiated under the Enterprise
for the Americas Initiative. As of 1999, negotiations were under way for Chilean
accession to the NAFTA, and other South American countries had expressed interest
in acceding to the NAFTA. See also Common External Tariff; Customs Area;
Customs; Customs Union; European Community; European Free Trade Association;
Free Trade Area Agreement; Free Trade Area of the Americas; General Agreement
on Tariffs and Trade; Kyoto Convention; MERCOSUR; Tariff; Tariff Schedules;
Trade Diversion; U.S.-Canada Free Trade Agreement.
BARTER — The direct exchange of goods for other goods, without the use of money as a
medium of exchange and without the involvement of a third party. See also Countertrade;
Money.
U
UNCITRAL — See United Nations Commission on International Trade Law.
UNILATERAL — An action taken by a single country on its own initiative, and not in any
way dependent upon or conditional upon the actions of any other country or countries. See
also Bilateral; Multilateral; Reciprocity.
CUSTOMS UNION — A group of nations that have eliminated tariffs and sometimes other
barriers that impede trade with each other, while maintaining a common external tariff on
goods imported from outside the union. GATT Article XXIV defines the meaning of a
customs union in GATT and the application of other GATT provisions to customs unions.
See also Common External Tariff; Customs Area; Customs; European Community; Free
Trade Area Agreement; Free Trade Area of the Americas; Free Zone; General Agreement on
Tariffs and Trade; Kyoto Convention; MERCOSUR; North American Free Trade
Agreement; Tariff; Tariff Schedules; Trade Diversion; U.S.-Canada Free Trade Agreement;
Welfare.
EUROPEAN UNION (EU) — The overarching entity encompassing the modern attempt at
European integration. Created by the Treaty on European Union (also known as the
Maastricht Treaty), which entered into force on November 1, 1993, the European Union is
often described as a building supported by three pillars. Specifically, the pillars include the
European Community (essentially the European Communities as they existed in pre-
Maastricht Europe), the Common Foreign and Security Policy (establishing common foreign
policy positions and developing a common defense policy), and Justice and Home Affairs
(principally providing for cooperation between police and other authorities on crime,
terrorism, and immigration issues). Some confusion exists as to when the terms European
Union, European Community, and European Economic Community (EEC) may be properly
used. The delimitation between these entities is far from clear, but generally, EU, EC, and
EEC may not be used interchangeably. As noted, the EC continues to constitute part of the
EU; however, the EC possesses a legal personality while the EU currently does not. As a
result, the term EU should be used when referring to the system as a whole. The term EC is
most properly used when referring to the laws and institutions falling within the first pillar
of the EU. The term EEC should be used only when referring to the historical entity that
preceded the EC. See also European Community; Euro-Zone.
UTILITY — The capacity of goods and services to satisfy human wants or desires. Since
utility involves subjective appraisal and depends on the personal tastes of the consumer, it
cannot be measured by any standard yardstick. See also Consumption; Demand; Goods;
Price; Services; Value; Welfare.
V
VALUE — The intrinsic worth of specific goods or services, generally identifiable as the
amount of money they can be exchanged for at any given time. See also Money; Price; Utility.
PAR VALUE — The official fixed exchange rate between two currencies or between a
currency and a specific weight of gold or a basket of currencies. See also Currency; Exchange
Rate; International Monetary Fund; Special Drawing Rights.
NORMAL VALUE (NV) — The price at which merchandise is sold or offered for sale in
the principal markets of the country from which it is exported. Under U.S. antidumping law,
dumping consists of sales of merchandise exported to the United States at "less than fair
value," when such sales materially injure or threaten material injury to producers of like
merchandise in the United States. The determination that sales have been made at less than
fair value involves a comparison of "normal value" — the price at which the merchandise is
sold within the exporting country or to third countries (or a "constructed value") — and the
"U.S. price" — the price at which the merchandise is sold in the U.S. market. If foreign home
market sales are not usable, the normal value is based on prices to third countries or
constructed value. A number of adjustments must be made to those prices to ensure a proper
comparison with U.S. prices. Prior to the Uruguay Round Agreements Act, which
implemented changes in U.S. trade law that resulted from the WTO Agreement concluded
during the Uruguay Round, the equivalent term in U.S. trade law was "foreign market value."
See also Agreement on Implementation of Article VI of GATT 1994; Anti-Dumping Code;
Constructed Export Price; Dumping; Export Price; United States Price; Uruguay Round;
Uruguay Round Agreements Act; World Trade Organization.
UNIT VALUE — The quotient showing the total value of a particular trade flow during a
specified period divided by its volume. Unit values are often reflected in international trade
statistics instead of prices. See also Terms of Trade.
VALUATION — The appraisal of the worth of imported goods by customs officials for the
purpose of determining the amount of duty payable in the importing country. Previously, the
GATT Customs Valuation Code and, currently, the WTO Agreement on Implementation of
Article VII of the GATT 1994, obligate governments of signatories to use the transaction
value of imported goods — or the price actually paid or payable for them — as the principal
basis for valuing the goods for customs purposes. See also Agreement on Implementation of
Article VII of GATT 1994; Codes of Conduct; Customs; Customs Classification; Free Zone;
Imports; Liquidation; Minimum Valuation; Most-Favored-Nation Treatment; Suspension of
Liquidation; Tariff; Tariff Schedules; World Customs Organization.
W
WIPO — See World Intellectual Property Organization.
Z
FOREIGN TRADE ZONE — See Free Zone.
TRANSIT ZONE — The area surrounding a port of entry in a coastal country that serves as
a storage and distribution center for the convenience of a neighboring country — a land-
locked country, for example — lacking adequate port facilities or access to the sea. A transit
zone is administered so that goods in transit to and from the neighboring country are not
subject to the customs duties, import controls, or many of the entry and exit formalities of
the host country. A transit zone is a more limited facility than either a free trade zone or free
port. See also Customs; Free Zone; Port of Entry.
FREE ZONE — An area within a country (a seaport, airport, warehouse, or any designated
area) regarded as being outside its customs territory. Importers may therefore bring goods of
foreign origin into such an area without paying customs duties and taxes, pending their
eventual processing, transshipment, or re-exportation. Free zones were numerous and
prosperous during an earlier period when tariffs were high. Some still exist in capital cities,
transport junctions, and major seaports, but their number and prominence have declined as
tariffs have fallen in recent years. Free zones may also be known as "free ports," "free
warehouses," "free trade zones," and "foreign trade zones." See also Customs; Port of Entry;
Tariff; Transit Zone.
AD Antidumping
BISNET Business Information Service for the Newly Independent States, U.S.
Department of Commerce
CP Contracting Party
CT Countertrade
CV Constructed Value
DF Duty Free
DS Dispute Settlement
EC European Community
EP Export Price
ER Export Restraint
EU European Union
FA Facts Available
FTZ-SZ FTZ-Subzone
FV Fair Value
G-5 Group of Five (the United States, Japan, Germany, France, and the United Kingdom)
G-7 Group of Seven (the United States, Japan, Germany, France, Italy, the United
Kingdom, and Canada)
G-8 Group of Eight (the United States, Japan, Germany, France, Italy, the United
Kingdon, Canada, and Russia)
G-77 Group of Seventy-seven [all countries within UNCTAD Groups "A" (African and
Asian countries, with the exception of Israel and South Africa) and "C" (Latin America) —
now comprising more than 120 developing countries]
HM Home Market
HS Harmonized System
IP Intellectual property
LC Letter of Credit
LIBOR London Interbank Offered Rate
MT Metric Ton
NP Nairobi Protocol
NV Normal Value
PL Public Law
PL 480 Public Law 480, Agricultural Trade Development and Assistance Act ("Food
For Peace") (United States)
QR Quantitative Restriction
SB Surveillance Body
UN United Nations
UR Uruguay Round
USOECD United States Mission to the Organization for Economic Cooperation and
Development
USTR United States Trade Representative, or Office of the United States Trade
Representative
V
VAR Value-Added Reseller
VL Variable Levy
WL Watch List