WTO authorized $1B COOL retaliation


Posted December 8, 2015

The World Trade Organization (WTO) has authorized Canada and Mexico to place tariffs on over $1 billion of American-made goods in retaliation for the country of origin labeling (COOL) law being incompliant with WTO standards, according to an Ag Web article available here. Feedstuffs also published an article available here and Agri-Pulse here.

The WTO has upheld multiple times Canada and Mexico’s claim that the label creates an unfair advantage to U.S. products.

“As I’ve said time and time again, whether you support or oppose COOL, the fact is retaliation is coming,” said Chairman Roberts. “Today, the WTO announced just how much that retaliation will cost the U.S. economy. With the WTO announcement, farmers, ranchers and small businesses will soon be smacked with over $1 billion in tariffs.”  

This announcement is the final step in a WTO dispute that has been ongoing for over seven years. Despite efforts by the USDA to amend the rule, the WTO has repeatedly ruled that the U.S. COOL rule discriminates against imported livestock in violation of our trade agreements, according to Feedstuffs.

The WTO determined that the COOL measure “increases the record-keeping burden from imported livestock entailed by the original COOL measure.” Furthermore, the panel noted that “between 57.7% and 66.7% of beef and between 83.5% and 84.1% of pork muscle cuts consumed in the U.S. convey no consumer information on origin despite imposing an upstream recordkeeping burden on producers and processors that has a detrimental impact on competitive opportunities for imported livestock.”

Prior to the decision, Capitol Hill sources told Agri-Pulse that COOL repeal in the Senate is a likely outcome, but the size of the retaliatory figure would be a factor. Sources have indicated that a repeal provision may be attached to either the omnibus spending bill expected to be debated this week or a customs enforcement bill also expected to be considered before Congress is scheduled to adjourn for the year next week. 

However, National Farmers Union President Roger Johnson said NFU, one of the most ardent supporters of COOL, will “raise hell if any repeal bill or language gets included that falls short of maintaining the integrity of COOL,” according to Agri-Pulse.

For more information on Country of Origin Labeling, please visit the National Agricultural Law Center’s website here.