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Leo W. Gerard

Leo W. Gerard

Posted: September 25, 2009 11:44 AM

Enforcing the Rule of Trade Law

What's Your Reaction?

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My union, the United Steelworkers (USW), and three paper manufacturers will have free traders and editorial boards across the nation sputtering, spitting and name calling again this week.

They started labeling us "protectionist" last week when President Obama made what should have been considered a straightforward decision. He implemented a recommendation from the independent, bi-partisan International Trade Commission (ITC) to place tariffs on tires imported from China. The USW had started that process by seeking sanctions in April under special trade safeguard rules, called Section 421, which the Chinese had agreed to obey to gain entrance to the World Trade Organization.

Now we've filed a new trade case. We did it with no disrespect or lack of hospitality toward Chinese officials as they arrived in the city of our international headquarters - Pittsburgh - for the G-20 summit. Proof of that is we included as a defendant in this case China's fellow G-20 country of Indonesia, who can keep them company in court.

This is not a Section 421 but a more traditional unfair trade case about coated paper, the kind used for car brochures and annual reports. In 2007, the U.S. Department of Commerce found egregious dumping of this paper and improper subsidies by the Chinese and Indonesian governments. But later the ITC refused to impose sanctions because it decided the U.S. industry hadn't been adequately injured.

We believe we've suffered sufficiently now.

But we know the free traders and editorial boarders will vilify us. They've taken up with the Chinese government. And let me be clear that I mean government. The USW is in solidarity with Chinese and Indonesian workers who suffer abuse at the hands of their employers. It is governmental policies that injure us both and that we oppose. Our intent is to hold governments to promises they made to abide by international trade regulations - pledges sworn to gain entrance to the World Trade Organization.

Those rules were meant to make free trade fair.

We want fair trade. Geez. They'll call us "protectionist" for that - like they did with the tire tariff decision. The New York Times derided the tire tariff a "protectionist remedy." The Chicago Tribune slammed it as "blatantly protectionist." A Wall Street Journal columnist said Obama imposed the tariff, not because it was recommended by the ITC, but because the president "owed favors to his friends in Big Labor."

These people don't know what they are talking about. The New York Times, for example, said, "China has not been competing unfairly on tires - just more effectively, mainly because of its far lower labor costs."

It is unfair trade to abuse workers by not paying them your own country's minimum wage, by failing to give them your own country's required days off and other benefits, by exposing them to grossly hazardous working conditions. Has The New York Times investigated the Chinese tire workers' situation, the way it has other Chinese workers', to determine if they are being mistreated in these ways like so many Chinese workers? If so, it provided no evidence.

In addition, just two paragraphs later, the Times lists numerous unfair trading practices it acknowledges China engages in, practices that give it unfair advantages when selling tires on the U.S. market, including manipulating its currency. Those advantages are far more significant to the price of tires than labor costs.

Similarly, the Chicago Tribune editorial was written by someone who apparently did precious little research. It claims the tire tariffs will cause "whopping price hikes," even though Charles Uthus, vice president of the Automotive Trade Policy Council, which opposed sanctions, calculated that the additional cost per tire, at the tariffs recommended by the ITC but later lowered by Obama, would be no more than $3.50. The Tribune says the tariffs will not bring jobs back home - but the ITC determined they would. Best of all, the Tribune asserts that the tariffs will prompt manufacturers to move production from China to countries without tariffs. Really? Tariffs that will last only three years will prompt manufacturers to abandon plants that cost $180 million to build?

These people are in love with an ideal: Free trade. It doesn't exist between the U.S. and China. The rules of free trade prohibit subsidizing exports, forcing foreign investors to transfer technology and mandating foreign manufacturers export all products made in the host country. China so routinely does such prohibited stuff that Cooper Tire provided sworn testimony about it in our Section 421 case. Cooper testified that China required Cooper to export all of the tires from its new Chinese plant for five years.

China cheats. We're just asking that they follow the rules they agreed to when they joined the World Trade Organization - the same sort of rules they will be discussing this week at the G-20. That's not protectionism.

The free traders and the editorial boarders also belittled the tire case because none of the tire companies joined the USW. It should be obvious why companies like Cooper could not. And let's make it clear, Goodyear, which has agreed to invest $600 million in its U.S. plants, made a point of remaining neutral.

In the paper case, the free traders are going to have to choke back that scorn. Three manufacturers are in it with us: Appleton Coated LLC, NewPage Corp., and Sappi Fine Paper North America . Two of them, Sappi and NewPage, have been forced to close plants in the two years since the ITC didn't see enough damage in the U.S. market to impose sanctions in 2007. Those shut downs cost nearly 1,000 workers their jobs and severely injured the mill towns of Muskegon, Mich., and Kimberly, Wis.

Don't just take my word, the word of someone who the Wall Street Journal would dismiss as "protectionist Big Labor," owed a big favor by President Obama. Listen to what businessmen have to say about China and Indonesia:

This is John Cappy, president and CEO of Appleton, "Our goal is to restore fair competition to the marketplace. We are willing to compete with anyone on a fair playing field."

Here is Rick Willett, president and CEO of NewPage talking about China, "What we want here is simply enforcement of the rules they signed on to in order to be part of the World Trade Organization."

And, finally, there's Mark Gardner, president and CEO of Sappi, who explains that his company clearly believes in free trade because it imports paper made in its European mills to the United States as well as manufacturing paper here: "We want the laws enforced so we can compete on a fair basis."

Hey, Wall Street Journal, how about those CEOs?

 
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02:42 PM on 09/27/2009
I agree with you wholeheart­edly Mr. Gerard. However, my advice is to not take media criticism to heart, especially before the fact. Keep in mind that today's editoriali­sts and journalist­s ply their trade with their coporate overlords looking over their shoulders.

Rest assured, you have the support of the American worker on this issue--the key word being "worker"--­those of us who actually work for a living rather than those of us who make a living creating and pushing paper assets.
11:47 AM on 09/26/2009
why don't the free traders and free marketeers get it that they will never gain support for their positions as long as the rules aren't enforced?
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09:35 AM on 09/28/2009
I don't know, realredsta­teblues. But, again, this weekend, newspapers called the USW position "protectio­nist" instead of "enforcing it."
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02:18 AM on 10/01/2009
The tire decision does not enforce anything. China did not break a rule in selling cheap tires to the US. So there is nothing to enforce.

Rather, the US exercised a right it has under China's accession protocol.
11:30 AM on 09/26/2009
The three factors of economic production are capital, labor and raw materials. Capital is money, labor is work and raw materials don't vote. With the transfer of US jobs overseas, America has become a debtor nation, its existanenc­e dependent on foreign money to operate. It looks like the US is going the way of Argentina, a debtor nation with wealth highly concentrat­ed at the top and no manufactur­ing base. They collapsed and the result was a facist dictator with the standard of living racing to the bottom. Is that what is in store for the US?
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11:07 PM on 09/26/2009
It's interestin­g that in addition to jobs, our biggest export to China is raw materials. They send us toys and electronic­s. We send them iron ore.
10:18 AM on 09/27/2009
iron ore, uncut timber, scrap metal, paper pulp, etc that all returns as finshed goods,
this is what colonies do

there should be at least some value added to exports if it to be of any benefit to our own economy for example processed metal ingots rather than scrap and ore, cut lumber rather than uncut, finished paper etc

and bsides exporting jobs we are also exporting technology - without technology there is no innovation­, and puts national security at risk
11:28 AM on 09/26/2009
its quite simple really
you can not have "free' and fair trade if the rules are not enforced

the rules were not enforced and china and other cheated

that is why sports have referees and umpires - someone has to make sure they are playing by the rules
03:10 AM on 09/26/2009
Free trade in a global economy is certainly a conundrum. While most of us don't like the idea of losing American jobs, we reward the system of undercutti­ng by purchasing for price rather than social value or ethical concerns. It's hard to say no to saving a few dollars at Walmart due to moral imprudence­.

In theory, globalizat­ion doesn't destroy or create jobs, it just shifts them around. Though quite obviously not in the same fields, or at the same level of pay. It's also said that globalizat­ion creates a better quality of life by producing lower cost items for all consumers. Though it's hard not to imagine that in turn we have created a large group of people who can only find work at Walmart and can only afford to shop at, well, Walmart.
06:09 PM on 09/25/2009
The first thing to realize is that there is no such thing as 'free trade' anyone who says otherwise is simply a liar, ignorant, or a paid globalist shill including all mainstream economists­. Everything corrupt flows the the 'free trade' meme. Leo, since you are the President of the United Steelworke­rs Internatio­nal you might be interested in the fact that the European Union just slapped China with a fine for dumping steel into their markets.

http://www­.commodity­online.com­/news/EU-s­laps-fine-­on-Chinese­-steel-pip­es-for-dum­ping-21440­-3-1.html

The Wall Street Journal and New York Times are marketing platforms for the wall street cabal as well as most 'news' networks. These are the early stages of a trade war Leo as predicted by my favorite and only trusted investment advisors in the contrarian investment community (though they have their share of shills for wall street propaganda too).

The EU is getting real shaky now which is a good thing, its a mess here but its a mess there too and maybe we, as workers and the people, can shake this globalizat­ion/global exploitati­on rigged markets bs once and for all from our lives.
05:39 PM on 09/25/2009
Legalize HEMP! It will be a big boon to steel mills (processin­g vats and equipment)
Fight bad trade deals too.
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09:02 AM on 09/26/2009
Sorry, but you just cannot be high while making steel. Much too dangerous.
11:27 AM on 09/28/2009
He said legalize it, not smoke it. Did you know hemp is very useful in making many things? The United States was built on hemp and tobacco in the early days.
03:50 PM on 09/25/2009
Hypocrisy is at an all time high. With health care reform, the public option is bad because it would be unfair to health insurers since govt. would not have to pay corporate taxes. Don't non-profts (and I use the term loosely, such as Blue Cross, also benefit from tax advantages as opposed to for profit health insurers? However, with health care reform conservati­ves are up are in arms over this supposed disparity. When it involves upholding fair trade provisions with trading partners, it's protection­ism. The U.S. treasury better become a lot more comfortabl­e with flexing its welfare arm with less tax revenue as the blue collar labor market continues to bear the brunt of contracted manufactur­ing capacity, years of horrific monetary policy which created the illusion of wealth and inevitable inflation in the not so distant future.
06:31 PM on 09/26/2009
make no mistake, the horrific monetary policy did not create an illusion of wealth for the top of the income pyramid...­they made billions. The illusion that the money power and the politician­s created was making the bottom 80% believe they would benefit from this freidman snake oil theory.
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12:16 PM on 09/25/2009
On Sept. 21 David Rockefelle­r wrote in the New York Times that President Obama should "urge Congress to pass free trade agreements with Panama, South Korea and Colombia that would truly open these markets to our products." That's dandy, except what products? By failing to enforce trade laws, the U.S. has lost 40,000 manufactur­ers over the past 20 years and millions of good, family supporting jobs. We are losing the ability to make things to trade because we allow other countries to cheat in our trade relationsh­ips with them. It is destroying our economy and our country, and for some reason, people like Rockefelle­r can't see it. Oh, yeah. ROCKEFELLE­R. He doesn't work for a living.
06:12 PM on 09/25/2009
same with Charlie Rangel, another corrupt politician who needs the boot from New Yorkers.
11:48 AM on 09/26/2009
Rangel

what a bozo

he was on a CNN program a few months ago and was pressed to admit these "fgree" trade deals were a bad deal for working Americans, yet he continues to push to jam them thru