[A2k] New York Times: Trans-Pacific Partnership Session Ends With Heels Dug In

Thiru Balasubramaniam thiru at keionline.org
Tue Aug 4 02:56:38 PDT 2015



Trans-Pacific Partnership Session Ends With Heels Dug In


AUG. 3, 2015

WASHINGTON — Tokyo was ready to extend major concessions on American truck
tariffs but was blocked by Mexico, which wanted less competition for its
own trucks in the United States market.

Canada held firm on protecting its politically sensitive dairy market ahead
of elections in October, but for New Zealand, a tiny country with huge
dairy exports, that was unacceptable.

And virtually all of the parties hated American protections of
pharmaceutical firms, but a compromise on that issue could cost the support
of Republicans in Congress.

For President Obama, nailing down the largest regional trade accord in
history would be a legacy-making achievement, proof that his foreign policy
“pivot” to Asia was more than rhetorical — as well as a milestone in
international economic cooperation. But Mr. Obama learned last week in his
native state of Hawaii that his own administration does not always control
its fate.

Final negotiations over the trade deal, the Trans-Pacific Partnership, are
not like a checkers game with Congress, pitting two branches of government
and two parties against each other. Rather, all 12 nations are asserting
their particular economic and political interests in a multiple-dimension
chess match, with one problem often setting off another.

Whether all of those can be resolved is now a matter of will. But the
disagreements are pushing any resolution of the trade deal further into the
politically difficult presidential election season in the United States. At
least one negotiator suggested privately that it soon may become easier to
say “no” than “yes.”

“The process of reaching a complicated trade agreement is to start with a
huge number of uncertainties and slowly resolve them piece by piece until
you can see one or two of the most difficult issues remaining,” said Tim
Groser, New Zealand’s trade negotiator. “Now that the undergrowth has been
cleared away, we can see clearly that there are one or two really hard

>From dairy and sugar to autos and pharmaceuticals, the issues number more
than one or two.

Vietnam is not ready to give up all the advantages that the communist
country’s state-owned enterprises enjoy. Japan is still worried about
Australia’s legal action against its treatment of marine mammals. And
Chile, which already has free trade agreements sealed with each of the
other members of the T.P.P., doesn’t see much of a loss in letting it all
fall apart.

“To get one set of rules across 40 percent of world G.D.P., 33 percent of
world trade, 12 disparate countries from Brunei all the way through the
United States” was never going to be easy, said Andrew Robb, Australia’s
minister of trade and investment.

Still, Obama advisers and trade experts say, the president remains
committed, and United States leadership could help bridge a lot of the

“It is still central to President Obama’s policy in Asia and the Asia
Pacific. It is the centerpiece of his economic legacy,” said Jeffrey J.
Schott, a trade expert at the Peterson Institute for International

Mexico’s secretary of the economy, Ildefonso Guajardo, is taking a
particularly hard line against Japan’s automotive industry, a position that
some negotiators said helped dash any hope of completing the trade deal in

At issue is the definition of a car or truck from one of the Trans-Pacific
Partnership countries. Mexico wants only vehicles with around 65 percent of
their components made in the T.P.P. region to qualify for lower tariff
barriers under the deal. That would favor Mexican trucks made with American
and Japanese parts. Japan wants that “rule of origin” threshold set closer
to 50 percent, favoring its parts suppliers in China and Thailand.

“The auto industry in Mexico is the seventh-largest producer in the world
and the fourth-largest exporter,” Mr. Guajardo said late on Friday. “What
you can accuse me” of “is putting myself to the front to really push the
interest of my country.”

New Zealand and Canada are at loggerheads over dairy. While tiny New
Zealand produces just 3 percent of the world’s dairy products, it is the
world’s largest dairy exporter. Canada’s government, embattled ahead of
parliamentary elections in October, showed little inclination to let New
Zealand’s cheese and eggs compete with its own.

Mr. Groser, the New Zealand negotiator, noted that his country was the
first to propose a trade accord linking both sides of the Pacific Ocean. He
wrote one of the first briefs championing it.

“I don’t really feel emotionally in the space of wanting to leave the
party. No, we will not be pushed out of this agreement,” he said.

With so many countries angered by Canada’s closed-door stand on dairy, Ed
Fast, Ottawa’s minister of international trade, was left to defend his
stance. “Canada came to Maui ready to conclude a T.P.P. We were active,
constructive partners at the table,” he said.

The biggest problem may be intractable differences over intellectual
property protections, especially for pharmaceutical companies developing
the next generation of medicines known as biologics. A copy of the
still-incomplete intellectual property chapter, viewed by The New York
Times, shows just how isolated the United States’ position is.

In one section, the United States and Japan want language saying a lack of
enforcement resources is no excuse for failure to ensure compliance. That
position is opposed by New Zealand, Vietnam, Mexico, Peru, Australia,
Malaysia and Brunei.

In another section, 11 negotiating nations propose language to ensure
judicial authorities have the power to force a company that “abuses
enforcement procedures” to compensate a party “wrongfully enjoined or
restrained” if a case is lost. Only the United States opposes that.

Much of the intellectual property dispute revolves around the protection of
major pharmaceutical companies, which want the United States’ 12 years of
data protection on new drugs expanded to the other 11 T.P.P. countries.
Republicans in Congress, especially Senator Orrin G. Hatch of Utah,
chairman of the Senate Finance Committee and a key ally of the president’s
on trade, demand that the White House hold firm.

But most of the other countries — and most international health groups —
oppose that position strenuously. They say it would keep drug prices high,
drain government coffers and put new biologic medicines out of reach for
the developing world.

“That is the toughest nut to crack,” Mr. Schott said.

A version of this article appears in print on August 4, 2015, on page B1 of
the New York edition with the headline: A Trade Pact Session Ends With
Heels Dug In .

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