Is the U.S. Trade Representative a Closet Free Trader?
Not to get him in trouble with his boss, but U.S. Trade Representative Ron Kirk has been sounding like a free trader lately. I’m beginning to think Ambassador Kirk consumes the analyses we produce over here at the Cato Institute’s Herbert A. Stiefel Center for Trade Policy Studies. Well, let me rephrase: that he consumes the meat of our analyses, but still hides the vegetables under the picked-over potatoes.
Still, that’s pretty commendable for a Washington policymaker.
Just the other day, Ambassador Kirk lamented how policymakers do a poor job selling trade agreements to a skeptical public. Inside U.S. Trade [$] paraphrased Kirk as saying:
[P]oliticians must ‘talk about trade differently’ and demonstrate how trade policy is directly responsible for sustaining economic growth and creating jobs. If the focus is only on how trade deals will improve supply chains for businesses, for instance, that is not enough to build the base for support for trade deals.
That is a sound criticism. The typical, mercantilist arguments that tout the benefits of exports and rationalize imports as necessary evils are foolish and self-defeating—particularly in a country that will run trade deficits into the distant future as its economy continues to grow and attract greater amounts of foreign investment. The freedom to engage in commerce with whom and how one chooses, and the impact of import competition are the real benefits of freer trade.
Like some others in town, we at Cato advocate free trade. But unlike most, we advocate free trade here in the United States—not just over there in foreign countries. Free trade requires more than getting other governments to eliminate their barriers to U.S. exports; it requires getting the U.S. government to eliminate its barriers to U.S. imports from abroad. The latter is the real objective of free trade advocacy and the well-spring of most of its benefits.
But the economic benefits of imports rarely make the Washington “free trade advocate’s” Top-10 list of talking points, nor do they officially register in the minds of trade negotiators, whose chief aims are to secure for their exporters the greatest possible access to foreign markets, while simultaneously conceding to foreigners as little access as possible to the domestic market. “Import” is a four-letter word in the Washington trade policy community.
That’s why Ambassador Kirk’s recent comments have me thinking: epiphany?
In a statement responding to the WTO Appellate Body ruling last week that China’s export restrictions on nine raw materials were not in conformity with that country’s WTO commitments, Ambassador Kirk made the point that U.S. firms that use those raw materials will be better able to compete once those restrictions are lifted.
Today’s decision ensures that core manufacturing industries in this country can get the materials they need to produce and compete on a level playing field.
The USTR had previously made the following point:
These raw material inputs are used to make many processed products in a number of primary manufacturing industries, including steel, aluminum and various chemical industries. These products, in turn become essential components in even more numerous downstream products.
Technically, Ambassador Kirk is not engaging in profanity—he doesn’t use the word import. But his argument against Chinese export restrictions is just as applicable to U.S. import restrictions. Removing restrictions—whether the export variety imposed by foreign governments or the import variety imposed by our own—reduces input prices, lowers domestic production costs, enables more competitive final-goods pricing and, thus, greater profits for U.S.-based producers.
So let’s take Ambassador Kirk’s sound logic and see if it might apply elsewhere in the realm of U.S. trade policy. If the U.S. government thought it worthwhile to take China to the WTO over the restrictions it imposes on raw material exports because those restrictions hurt U.S. producers, then why does the same U.S. government impose its own restrictions on imports of some of the very same raw materials? That’s right. The United States maintains antidumping duties on magnesium, silicon metal, and coke (all raw materials subject to Chinese export restrictions).
If Ambassador Kirk ate the vegetables as well as the meat of Cato’s trade policy analyses, he would recognize that his logic provides a compelling case for antidumping reforms, such as one requiring the administering authorities to consider the economic impact of antidumping measures on producers in downstream industries, such as magnesium-cast automobile parts producers, manufacturers of silicones used in solar panels, and even steel producers, who require coke for their blast furnaces.
We will know that the ambassador has eaten his free-trade vegetables when he starts sounding like former USTR Robert Zoellick who once hoped for the Doha Round of trade negotiations that it would “[T]urn every corner store in America into a duty-free shop.”
Ron Paul Talks Sense on Trade
Presidential Candidate Ron Paul has a decidedly mixed record on trade policy. He often votes against trade agreements because he sees them as “managed trade” and an interference with true free trade. Well, ok, but that’ s like voting against income tax cuts because you think the IRS shouldn’t exist. I get the point, but c’mon…
In any event, he was the only participant in Thursday night’s debate between the Republican presidential candidates who spoke about trade with any sense at all. As Inside US Trade [subscription required] points out, trade policy was not a prominent theme of the debate, but that didn’t stop Mitt Romney from (again) spouting nonsense about balanced trade:
Former Massachusetts governor Mitt Romney late last week took a swipe at the trade policies of the Obama administration in a debate of the Republican presidential candidates by implying they are unbalanced in favor of other nations.
As part of a seven-point list of actions to turn around the economy, Romney said the U.S. should “have trade policies that work for us, not just for our opponents,” as the third point…
(I’ll just interject here to say that by “opponents” I believe Mr Romney is referring to our trade partners. You know, the folks who sell us stuff and buy stuff from us. But I digress…)
Trade was only raised one other time during the debate. Prompted by a moderator, Rep. Ron Paul (R-TX) defended his earlier criticism of Obama’s sanctions against Iran for its nuclear program.
Saying it was “natural” that Iran would pursue nuclear weapons—given that India, Pakistan, China, and Israel also possess them—Paul attacked the sanctions policy as steering the U.S. toward conflict.
“Countries that you put sanctions on, you are more likely to fight them,” he said. “I say a policy of peace is free trade. Stay out of their internal business.”
Paul also suggested it was time for the U.S. to engage in a trading relationship with Cuba and “stop fighting these wars that are about 30 or 40 years old,” an apparent reference to the Cold War. [emphasis added]
(My friend Scott Lincicome has more on the economic illiteracy flowing from the debate here)
Mr Paul is right on this one. He and I no doubt disagree on a few issues, and on trade I have more tolerance than he does for multilateral (and, albeit to a lesser extent, bilateral and regional) trade agreements as the only likely avenues for trade liberalization in the foreseeable future. But the link between trade and peace is an important one, and often overlooked.
Speaking of Ron Paul, the following clip shows Jon Stewart at his devastating best, calling out the mainstream media—and particularly Fox News—for ignoring and/or outright mocking Ron Paul’s candidacy. Watch to the very end, you won’t regret it. (HT: RadleyBalko)
| The Daily Show With Jon Stewart | Mon – Thurs 11p / 10c | |||
| Indecision 2012 – Corn Polled Edition – Ron Paul & the Top Tier | ||||
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Senator Reid’s Gamble
My colleague Dan Mitchell has already written about the tax deal reached between President Obama and congressional Republicans. But there might be something in the package for people wishing to play poker freely online.
Sen. Harry Reid (D., Nev.) is apparently circulating draft legislation to overturn the Unlawful Internet Gambling Enforcement Act of 2006, which blocked financial institutions from processing transactions with online gambling companies. I would characterize that as a good move overall, apart from three quibbles. First, the draft legislation would — you guessed it –place a tax on the wagers (you didn’t think you’d get your freedom back without conditions, did you?). Second, the bill applies only to poker, and continues to prohibit “Internet gambling” more broadly. And third, the fine-print sounds problematic from a trade policy (and trade law) point of view:
…Mr. Reid’s office is considering language that would allow only existing casinos, horse tracks and slot-machine makers to operate online poker websites for the first two years after the bill passes, which could limit the ability of other companies to enter the market.
Carving out this fast-growing market for established gambling service providers sets off my protectionist alert. The cosy little cartel wouldn’t just exclude domestic potential competitors; I wrote a short paper a few years ago on how the UIGEA got the United States into hot water with the World Trade Organization, and the same arguments apply today. The United States still — despite vague, and so far empty, talk about changing its commitments with WTO members — has an obligation under the General Agreement on Trade in Services to open its market to online gaming operators abroad.
Politico has more about the groups supporting this move, suggesting (as are many Republicans opposed to internet gambling) that Reid has seen religion on online poker in direct response to the campaign contributions he received from gambling interests. I’m not so much interested in that angle –politicians responding to special interests is hardly news — as I am in the substance of what the legislation is proposing. And if the following reporting from Politico is accurate, the substance is troubling enough :
The National Indian Gaming Association is opposing Reid’s effort to insert the online poker language in any tax cut bill, said an official with the group, Jason Giles. He asserted it gives an advantage to Las Vegas-based gambling operators while discriminating against tribal operators.
“It is drafted to create an initial regulatory monopoly for Nevada and New Jersey for the first several years of the bill, which gives Las Vegas operators time to capture the market,” he said.
A gambling industry insider familiar with Reid’s efforts said Republican-leaning Vegas casino moguls Steve Wynn and Sheldon Adelson, while generally supportive of Reid’s legislation, take issue with provisions that could allow companies that previously operated in violation of online gambling laws to cash in.
The UIGEA is/was a nightmare for online operators to work around, partly because it never really defined “unlawful internet gambling.” Therefore, I am not sure how one would determine unambiguously whether a company “operated in violation of online gambling laws”. The UIGEA referred to transactions processors rather than gambling companies. And in any case, a few European operators (PartyGaming most famously) withdrew from the U.S. market at the time the UIGEA passed, just to be safe, and yet have continued to face prosecution. The European firms are at the cutting edge of online gaming services. Of course Messrs. Wynn and Adelson would want them out of the picture, but legislators should resist their attempts.
While Reid’s proposal may be an improvement on the status quo, it falls far short of restoring the full freedom of consenting adults to use their money, time, and online access in a manner of their choosing. It also is a long way from allowing a competitive, open market in gaming services to thrive. We should see this as a step in the right direction, but not the end game.
The U.S.S. Trade Policy?

This capsizing container ship in the Port of Mumbai strikes me as the perfect metaphor for U.S. trade policy, with Skipper Pelosi at the helm. Just imagine how many jobs we can create by sending imports to the bottom of the sea. Heck, think of all the jobs we could create by sinking our own exports and making them all over again.
Senator Schumer, I’m just kidding.
U.S. Antidumping Regime Restrains U.S. Export Growth
In honor of World Trade Week—and for its decreed purpose of educating Americans about trade—this post is about U.S. trade policy working at cross-purposes with other policies or goals of the administration. So numerous are these examples of trade policy dissonance, that a committed wonk could devote an entire website to the task of documenting them.
If the administration were serious about making trade policy work—rather than just paying it lip service—it would compile its own exhaustive list of laws, regulations, policies, and practices that actually undermine its stated objectives of facilitating economic growth, investment, and job creation through expanded trade opportunities. Then, it would make the changes necessary to ensure that our policies are paddling in the same direction. But that is not happening—at least as far as I can see.
The Maytag Repair Man Would Make a Better USTR
Ron Kirk hasn’t exactly been burning the candles at both ends as U.S. Trade Representative. And I don’t expect he’ll be racking up the frequent flier miles anytime soon, given his recent assessment of the trade policy scene. Here’s what he had to say, as reported by Jerry Hagstrom of Congress Daily:
Speaking at the USDA Annual Outlook Forum, Kirk said members of Congress “are more open and receptive” to the idea of creating a trans-Pacific agreement because it could be written from scratch.
The Trans-Pacific Partnership comes “without any of the biases of the three [agreements] under consideration,” he said. Kirk added members of Congress also like it because it would take 18 to 24 months to develop and would not come up for approval until after the 2010 elections.
Basically, Kirk’s planning to hang his trade expansion hat on some future trade agreement that’s still in the conception phase and years away from a shot at reality, while giving up on the already-signed agreements with Korea, Colombia and Panama because those agreements are too much of a burden politically for Congress, who would prefer to start from scratch.
That’s trade leadership from the Obama administration!
At this point, though, likening Kirk to the Maytag repair man might be too optimistic an analogy. The USTR hinted that he might find something to do on the enforcement side of his job description. According to Hagstrom:
Kirk stressed the administration’s commitment to enforcing trade agreements, saying that “enforcement is not protectionist.”
Does This Mean I’m On a Watch-List?
From the DCCC comes this little beauty:
While making today’s announcement that he will once again run for Congress in New York’s 24th district, [Candidate for New York's 24th Congressional Disctrict Richard] Hanna also launched a new campaign website where he shamelessly touts his ties to the CATO [sic] Institute, a right wing extremist group that has long been a vocal advocate for extremist, unfair trade policies that would allow companies to ship American jobs overseas [emphasis mine].
The fact that Hanna is touting his leadership role in a group that prides its commitment to unfair trade policies that send American jobs overseas is downright shameful,” said Shripal Shah, Northeast Regional Press Secretary at the Democratic Congressional Campaign Committee.
To clarify, the press release quotes Hanna’s campaign website, which makes clear that Hanna is “a sustaining member of the CATO Institute, having traveled to Russia as part of an international study group. ” That means he gives Cato between $500 and $999 per year and went on a Cato-organized trip to Russia.
The DCCC’s release goes on:
The CATO Institute is a right wing extremist group that has long advocated for unfair trade policies regardless of their impact on American jobs. [emphasis theirs] CATO has been one of the leading advocates for unfair trade deals and believes that increases in unemployment should not prevent enacting new trade deals. The CATO Policy Handbook specifically says Congress should “avoid using trade deficits and concerns about employment levels as excuses for imposing trade restrictions” as it calls for the US to move away from “reciprocity’’ and “level playing fields.” [CATO Policy Handbook, 6th ed, Chapter 64.
Should I thank them for linking to our handbook?
On a personal note, I am due to renew my visa in March. Can anyone advise me on whether this characterization of Cato’s Center for Trade Policy Studies will jeapordize its renewal?
HT: Jonathan Blanks
Update: for a broader look at the inanity of the DCCC’s characterization of Cato as a “right-wing extremist” group, see this excellent blog post by Cato Media Fellow Radley Balko.
Wednesday Links
- David Boaz on Obama’s first year: “From this libertarian, Obama’s first year looks grim. …He may well end up like Lyndon Johnson, with an ambitious domestic agenda eventually bogged down by endless war. But I don’t think his wished-for FDR model — a transformative agenda that is both popular and long-lasting — is in the cards.”
- The message from Massachusetts: “There can be no denying that this election was a clear cut rejection of the Democratic health care bills.”
- Attacks from all sides: See what happens when the Right takes on free enterprise.
- A new dictator in Iraq?
- Podcast: Daniel Ikenson discusses Obama’s trade policy.
Someone in Europe Is Talking Sense on Carbon Tariffs
The nominee for EU Trade Commissioner Karel de Gucht has taken the brave step of opposing carbon tariffs, called for by many European politicians (including, notably, French President Nicolas Sarkozy).
In the first day of his confirmation hearings, Mr. de Gucht expressed concern that carbon tariffs were a possible first step in a “trade war” and implied that they were in any event inconsistent with current trade law. (I agree.) He also called for abolishing tariffs on goods beneficial to the environment as a trade-friendly way to reduce greenhouse gases, and expressed support for the Doha round of multilateral trade talks. (More here.) While the Trade Commissioner’s influence over actual trade policy in the EU is arguably limited, it is good to have someone in the post who is instinctively suspicious of green protectionism and friendly towards the WTO.
The European Parliament is due to vote on the European Commission nominees (en masse) on January 26.
Is Trade Policy Obsolete?
That is one of the conclusions in my new paper, “Made on Earth: How Global Economic Integration Renders Trade Policy Obsolete.”
For hundreds of years, trade policy has been premised on the assumptions that exports are good, imports are bad, and the interests of domestic producers are tantamount to the “national interest.” Though that mercantilist worldview has never been accurate, its persistence as a pillar of trade policy into the 21st century is especially confounding given the emergence and proliferation of disaggregated production processes, transnational supply chains, and cross-border investment. Those trends have blurred any meaningful distinctions between “our” producers and “their” producers and speak to a long chain of interdependent economic interests between product conception and consumption.
Thursday Links
- A few questions for Ben Bernanke: “Perhaps the most important question Bernanke should answer is: how will he re-build and maintain an independent Fed?”
- Before considering Bernanke’s role in containing the financial crisis, Congress should investigate the role of Fed policy in allowing the housing bubble to grow.
- Prepare to pay more: Today, an average insurance policy can cost about $2,985 for an individual or $6,328 for a family. Under the Senate bill, those premiums will increase to $5,800 for an individual worker and $15,200 for a family plan by 2016.
- Why the White House “jobs summit” is unnecessary.
- Made on Earth: How global economic integration renders trade policy obsolete.
- Podcast: “ObamaCare the Budget Buster.” More, here.

