THE TTALK QUOTES
On Global Trade & Investment
Published Three Times a Week By:
The Global Business Dialogue, Inc.
Washington, DC   Tel: 202-463-5074
No. 26 of 2017
THURSDAY, APRIL 27, 2017

Click  here for Tuesday's quote on "One Belt, One Road."
CONTENTIOUS MILK

"Let's not pretend we're in a global free market when it comes to agriculture."

Justin Trudeau
April 20, 2017
CONTEXT
To state the obvious, much of the news this past week -- the trade news anyway -- has focused on flashpoints in the U.S.-Canada relationship. The principal topics have been the announcement of new, U.S. countervailing duties on Canadian softwood lumber and the President's avowed determination to do something about new threats to U.S. milk exports to Canada. As for the tariffs on lumbers, they were inevitable after the expiration of the Softwood Lumber Agreement last year. We'll deal with that issue another time.

Today our subject is milk, specifically a new milk product known as ultrafiltered milk. Recent Canadian actions have undercut America's market for the product in Canada, and U.S. dairy farmers are understandably upset, some of them up against the wall. Congress is unhappy. And so is President Trump. He raised the issue last week in Kenosha, Wisconsin. "We're going to stand up for our dairy farmers," he said. "Because in Canada, some very unfair things have been happening to our dairy farmers and others... ."

And what are those unfair things. Here it is important to separate out America's long standing complaint over Canada's supply management system for eggs, poultry, and dairy from the relatively new shock that has been generated by that system. Essentially, Canada was able to hold on to its supply management system and the high tariffs associated with it through the negotiations of the Canada-U.S. Free Trade Agreement (1989) and NAFTA (1994). But back then they didn't know about ultrafiltered milk.

At this point, we are going to pass the baton of explanation to Barrie Mckenna of The Globe and Mail, who has laid it all out quite clearly. Earlier this week he wrote:

Canada has long maintained a high tariff wall on most dairy products. The duty on milk is 270 per cent. That keeps most imports from the United States and elsewhere out of Canada, while helping to prop up higher domestic prices. One notable exception is ultrafiltered milk and other protein-rich dairy ingredients used to make dairy products such as cheese and yogurt. North American free-trade rules do not cover these ingredients, so they enter Canada duty-free. And in recent years, U.S. dairies have developed a booming business selling these low-cost products to dairies in Canada ($133-million last year). That all changed about a year ago, when Canadian dairy farmers and producers moved to close the breach in the tariff wall with a new "ingredients strategy." They persuaded regulators to create a new lower-priced class of industrial milk as an incentive to get dairies to produce protein substances in Canada, using Canadian milk. The result was predictable: U.S. imports fell in 2016, and are declining sharply so far this year.

While their language was a little more technical, we assume it was just that "new lower-priced class of industrial milk" that the heads of the major dairy associations were talking about when they wrote to President Trump on April 13. Their letter explained that:

Earlier this year, Canada implemented a new Class 7 pricing program as part of its National Ingredients Strategy. This program was specifically designed to stop an important U.S. dairy export to Canada and facilitate significant dumping of Canadian dairy products onto world markets. Canada's Class 7 pricing program poses serious negative consequences to U.S. dairy farmers and processors, as well as the many workers they employ in manufacturing and other related sectors across rural America.

The letter went on to complain about Canada's "disregard of its dairy commitments to the United States" and to highlight the plight of U.S. dairy farmers who will need to find new buyers for their milk by May 1.

The letter was signed by Jim Mulhern, President and CEO of the National Milk Producers Federation; former Secretary of Agriculture Tom Vilsack, now the President and CEO of the U.S. Dairy Export Council; Michael Dykes, President and CEO of the International Dairy Foods Association; and Barbara Glenn, Chief Executive Office of the National Association of State Departments of Agriculture.

COMMENT
We don't know where all of this is going, but whatever the destination, it is going at a pretty good clip. It came up -- of course it did -- when Justin Trudeau, Canada's Prime Minister, spoke with Bloomberg last Thursday, the source for today's featured quote, and it was a major topic in his conversation Tuesday (the 25th) with President Trump.

As for the rights and wrongs of it all, there may be some bit of language in one of the relevant agreements that makes it all absolutely clear, but it is not a passage we can quote. So for us the situation is a bit of a blur. For years, the phrase "contingency protection" is one we associated with Canada and Canada's trade complaints against the United States. The thought behind it was that American protectionism, as they saw it, only kicked in once a Canadian company had established a market. When it did, then its products were hit with one barrier or another: anit-dumping duties, a 337 action on intellectual property, something. Well, from where we sit, the treatment of ultrafiltered milk certainly has the look and feel of contingency protection.

On the other side of the ledger, two things stand out. The first is that the accusation against Canada is that it took action to safeguard a market it thought it had already protected -- perhaps foolishly, but that is another story. The bigger issue is that, in a period in which the U.S. is underscoring at every turn the need to look out for the interests of its own producers, it is a stretch not to expect others to do the same.

What seems to be lost in all of the shouting is the notion of comity, which for each of the North American governments should mean having the discipline to take into account how their actions affect the other two countries. Canada and the United States should have dealt with this a couple of years ago. They have to now, and to do so successfully they are going to need to lower the rhetoric.

All of this brings us to yesterday's most troubling story, namely the reports that the White House is considering formally laying the groundwork for withdrawing from NAFTA. The rumor is frightening and the reality would be a disaster. The problem is that so long as trade issues were relatively compartmentalized, the economic arguments for one course or another generally carried the day. But now trade in all three countries is politics writ large, politics and pride. Under those conditions, politics ultimately trumps economics. It is like those levees on the Mississippi. They contain the river--except when they don't.
SOURCES & LINKS
 A Note on Dates. The Canada-Free Trade Agreement entered into force on January 1, 1989, and NAFTA on January 1, 1994.

Trudeau Defends is an April 20 Bloomberg story on the issue and the source for today's featured quote.

Some Very Unfair Things is a link to the text of President Trump's remarks in Kenosha, Wisconsin, during his visit to the Snap-On Tools facility there on April 18.

Why is a link to The Globe and Mail's primer on the current dairy dispute between the United States and Canada. This is the article by Barrie Mckenna quoted above.

Trump's Milk Preoccupation is an April 25 story from the Chicago Tribune, which a description of dispute that has erupted over the pricing of ultrafiltered milk.

A Letter to the President is the April 13 letter from America's major dairy associations cited above.


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