NMPF Executive Vice President Alan Bjerga speaks with RFD-TV about how all of agriculture needs to fight for the integrity of trade agreements in the wake of a USMCA dispute panel decision that failed to protect U.S. access to Canada’s market. The President’s Export Council, with member co-op Land O’Lakes representing farmers, discussed the importance of market access in a White House meeting on Wednesday. Bjerga also talked about the resumption of the USDA Federal Milk Marketing Order hearing in Indiana this week, and how repeated delays aren’t helpful for milk producers.
Tag: USMCA dairy
USMCA Dispute Panel Limits Canadian Market Access
Today’s ruling by a U.S-Mexico-Canada Agreement (USMCA) dispute panel allowing Canada to restrict the dairy access that the United States negotiated for in the USMCA pact weakens the agreement’s value to the US dairy industry, according to the National Milk Producers Federation and the U.S. Dairy Export Council.
An earlier panel ruled in January 2022 that Canada had improperly restricted access to its market for U.S. dairy products. In response, Canada made insufficient changes to its dairy tariff rate quota (TRQ) system, resulting in an outcome that still fell far short of the market access the U.S. expected to receive under USMCA. To address that shortcoming, the U.S. brought a second case to challenge the changes that Canada instituted. Today the panel announced that Canada was not obligated to make further changes.
“It is profoundly disappointing that the dispute settlement panel has ruled in favor of obstruction of trade rather than trade facilitation,” said Jim Mulhern, president and CEO of NMPF. “Despite this independent panel’s adverse ruling, we’d like to thank the Biden Administration and the many members of Congress who supported us for their tireless pursuit of justice for America’s dairy sector. We urge Ambassador Tai and Secretary Vilsack to look at all available options to ensure that Canada stops playing games and respects what was negotiated.”
Since the U.S. Trade Representative initially launched the first dispute settlement case against Canada in 2021, USDEC and NMPF have worked with USTR, USDA, and Congress to try to secure full use and value of USMCA’s dairy TRQs for American dairy producers and processors.
“By allowing Canada to ignore its USMCA obligations, this ruling has unfortunately set a dangerous and damaging precedent,” said Krysta Harden, president and CEO of USDEC. “We do however want to express our appreciation for allies in Congress and the Administration for their efforts and commitment to fighting for U.S. dairy. This is unfortunately not the only shortcoming in Canada’s compliance with its international commitments. We are committed to working with USTR and USDA to evaluate efforts to address Canada’s continued harmful actions that depress dairy imports while simultaneously evading USMCA’s dairy export disciplines.”
When first implemented in 2020, USMCA established 14 different TRQs, which allow a predetermined quantity of imports at a specified low tariff rate. The TRQ system that Canada implemented awarded the vast majority of TRQ volumes to Canadian processors and granted very limited access to TRQs to distributors – resulting in limited market access for U.S. exporters. Minor modifications to that system made in 2022 have continued that imbalanced approach.
Trade Team Builds International Ties While Supporting U.S. Dairy
- Championed the introduction of the Safeguarding American Value-Added Exports (SAVE) Act to protect market access for U.S. cheesemakers
- Secured the right of producers to use the common name “gruyere” in the U.S. market through a landmark legal victory in the U.S. Court of Appeals for the Fourth Circuit
- Led engagement with the U.S. government to hold Canada accountable for its ongoing violations of USMCA’s dairy provisions
- Promoted U.S. dairy’s trade initiatives and sustainability progress as lead sponsor of the Asia-Pacific Economic Cooperation’s agricultural ministerial luncheon in Seattle
- Formed alliances with dairy and agricultural organizations worldwide to strengthen and grow NMPF’s voice.
NMPF trade activities this year have included initiatives that defend U.S. products in the global arena while expanding trade. Efforts made in collaboration with the U.S. Dairy Export Council (USDEC) and the Consortium for Common Food Names (CCFN) prompted the May 17 introduction of the bipartisan, bicameral Safeguarding American Value-Added Exports (SAVE) Act to increase U.S. government actions to protect common terms like “parmesan” and “feta” in export markets. The milestone bill to advance common name protections capped off months of congressional engagement, including a March 1 event on Capitol Hill.
The SAVE Act explicitly defines “common names” as a term ordinarily used for marketing a food product, as determined by the U.S. Department of Agriculture (USDA), and directs the U.S. government to proactively defend the rights of U.S. common name users and exporters. Led in the Senate by Sens. John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, and in the House by Reps. Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA, the SAVE Act is expected to be incorporated into the 2023 Farm Bill. Members and supporters can make their voice heard by writing to their representatives in Congress through NMPF’s advocacy platform.
NMPF also secured a key victory for U.S. cheese producers and dairy farmers through a March 3 ruling from the U.S. Court of Appeals for the Fourth Circuit, which confirmed that “gruyere” is a common name, in opposition to French and Swiss consortiums which hoped to trademark the term in the U.S. market. The NMPF trade policy team, alongside USDEC and CCFN, worked diligently with the legal team to ensure that American gruyere producers can continue to market and sell their products in the United States.
NMPF’s dedication to building dairy exports through expanding market has included fly-ins to DC, use of congressional trade hearings to elevate dairy priorities, meetings with USTR and USDA political appointees on trade, intensive work with U.S. negotiators on using the Indo-Pacific Economic Framework to address nontariff trade barriers, and joint agricultural coalition efforts such as the trade-focused August 21 letter to 2024 Presidential candidates urging a greater commitment to trade agreements.
Efforts also extend to ensuring existing agreements deliver full benefits for U.S. dairy. NMPF commended the U.S. government’s Jan. 31 announcement that it requested a second USMCA panel to hold Canada responsible for violating the agreement’s dairy market access obligations. The announcement resulted from extensive work by NMPF with USTR and USDA last year to ensure that the second USMCA case was well-positioned for success. NMPF and USDEC since January have continued to work closely with USTR and USDA to support their case and ensure that Canada grants U.S. producers and exporters the market access negotiated and promised under USMCA.
To bolster NMPF’s work to preserve and expand market access for dairy products in markets around the world, the organization has also continued to grow its global voice and influence, forming partnerships with leading dairy and agricultural organizations overseas.
As governments around the world embrace protectionist stances and adopt ill-advised policies, NMPF strives to continue to grow its network of allies to support pro-dairy, pro-trade and science-based rules. Strengthening ties in Latin America, NMPF announced on April 20 a new collaboration with the National Agricultural Organizations from Argentina, Brazil, Paraguay, Uruguay, Chile, Bolivia and Colombia to represent the dairy and livestock industry in international climate discussions. During a trip to Japan, NMPF formalized a July 6 “Letter of Friendship” with JA-Zenchu, Japan’s Central Union of Agricultural Cooperatives, to address the common difficulties that dairy farmers in the two countries are facing. Most recently, NMPF and USDEC signed on July 27 an agreement with the Italian Dairy Association, Assolatte, to promote the nutritional benefits of dairy products and support dairy-friendly policies in international forums.
NMPF’s Morris Talks Trade, Canada on Podcast
NMPF and USDEC Senior Vice President for Trade Shawna Morris discusses the need to hold accountable for its trade commitments on the Agriculture of America podcast. Canada’s improper allocations under its Tariff-Rate Quota system is impeding the market access promised U.S. dairy farmers under the USMCA trade agreement, making a legal remedy necessary. The U.S. needs to strongly defend its farmers, Morris said; while farmers are hoping for a fair solution with Canadian compliance, retaliatory tariffs against Canadian products may be necessary, she said.
NMPF’s Morris on Holding Canada Accountable
NMPF and USDEC Senior Vice President for Trade Shawna Morris discusses the latest round of conflict between the United States and Canada over over U.S. dairy access to that market. Morris praised the U.S. government’s willingness to take on Canada again after already winning on dispute before a USMCA dispute resolution panel. Morris speaks in an interview on RFD-TV.
U.S. Government Plows Ahead on Canadian USMCA Compliance
NMPF lauded the administration’s Jan. 31 announcement that the U.S. had requested a second U.S. Mexico Canada Agreement (USMCA) panel to evaluate Canada’s compliance with its USMCA dairy market access obligations. The decision pushes forward the dispute settlement process, slightly more than a month after the U.S. requested consultations with Canada on an expanded set of USMCA dairy tariff-rate quota (TRQ) commitment violations.
Since USMCA’s implementation, Canada has continually flouted the agreement’s TRQ provisions, giving preferential treatment to Canadian processors at the expense of American dairy exporters and Canadian consumers. When this breach was initially confirmed by the first USMCA dispute panel, Canada responded by making only insignificant changes to its TRQ policies. This latest move challenges the persistent problems remaining in Canada’s dairy TRQ system.
NMPF and USDEC have worked closely with the U.S. Trade Representative and USDA throughout the dispute to support their case and demonstrate Canada’s lack of compliance with its USMCA commitments.
U.S. Dairy Praises USTR Move to Hold Canada Responsible for USMCA Violations
The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) commended today’s announcement that the U.S. Trade Representative has formally moved to advance a U.S.-Mexico-Canada Agreement (USMCA) dispute settlement proceeding and establish a second panel to determine whether Canada has been in violation of its market access obligations under the agreement.
Canada’s unwillingness to abide by the tariff-rate quota provisions of USMCA has been an issue since the agreement’s implementation began. The United States won its first dispute panel on the matter in Dec. 2021, which found that Canada was reserving most of its preferential dairy TRQs for Canadian processors that have little incentive to import product. Canada’s revised approach to USMCA TRQs, released in May, also provided inequitable advantages to Canadian processors.
“Canada’s TRQ allocation system is not only a violation of USMCA — it directly harms American dairy farmers, processors, and other workers by unfairly restricting access to their market,” said Jim Mulhern, president and CEO of NMPF. “USTR’s action is an important step in righting this wrong and sending a message that the U.S. will fight violations of trade deals in Canada and wherever else they may be committed.”
“The U.S. dairy community greatly appreciates the Biden Administration’s decision to prioritize steps to address Canada’s USMCA violations,” said Krysta Harden, president and CEO of USDEC. “Unfortunately, Canada has shown a pattern of not living up to the dairy commitments it has made in trade agreements. As long as they continue to drag their feet, we’ll continue to work with USTR and USDA to fight back, and propose retaliatory action if necessary.”
If the panel ultimately confirms that Canada has been violating its obligations under USMCA, the U.S. would be granted the right to impose retaliatory duties should Canada fail to fix its unfair TRQ administrative practices.
U.S. Holding Canada Accountable for USMCA Violations
After a steady – and loud – drumbeat of NMPF and USDEC insistence that Canada must honor its dairy obligations in the U.S.-Mexico Canada Agreement (USMCA), the U.S. Trade Representative (USTR) announced Dec. 20 that it is filing a new request for dispute settlement consultations with Canada.
The move will expand the scope of a second USMCA dairy dispute to include additional elements necessary to ensure that Canada fully complies with its USMCA market-access obligations. Since the United States launched its initial USMCA dispute panel in May 2021, NMPF and USDEC have fully and vocally supported USTR and USDA in their dogged attempts to secure for American dairy producers the agreement’s full negotiated benefits.
For over a year, Canada has violated USMCA’s tariff-rate quotas (TRQs) provisions by reserving most of its preferential dairy TRQs for Canadian processors. Canada’s revised approach to TRQs, released in March 2022, still violated the agreement – prompting USTR to pursue a second USMCA enforcement action.
While NMPF is grateful for USTR’s meticulous work that has led to this new announcement, Canada has a long history of restricting trade and not honoring existing agreements. NMPF and USDEC will push for retaliatory measures that make Canadian officials reconsider their actions should that continue.
NMPF’s Bjerga on Dairy’s Recent Policy Wins
As the year comes to a close, the National Milk Producers Federation is applauding two recent measures that support the dairy industry. NMPF Senior Vice President of Communications Alan Bjerga spoke with RFD-TV’s own Janet Adkison about how the Growing Climate Solutions Act and Sustains Act benefit dairy farmers, and what USTR’s announcement of a new request for dispute settlement consultations with Canada means for U.S. dairy.
https://www.rfdtv.com/two-recent-measures-from-congress-and-ustr-are-giving-a-boost-to-dairy-farmers
U.S. Dairy Salutes USTR’s Pursuit of Canadian USMCA Compliance
ARLINGTON, VA – The National Milk Producers Federation (NMPF) and U.S. Dairy Export Council (USDEC) commend the U.S. Trade Representative’s announcement today that it is filing a new request for dispute settlement consultations with Canada in order to expand the scope of the second U.S.-Mexico-Canada Agreement (USMCA) dairy dispute to include additional elements necessary to ensure that Canada fully complies with its USMCA obligations.
The initial USMCA dispute panel, launched by the United States in May 2021, found Canada in violation of USMCA’s tariff-rate quota (TRQ) provisions by reserving most of its preferential dairy TRQs for Canadian processors. In March 2022, Canada released its revised approach to USMCA TRQs, which still violated the USMCA, by providing inequitable advantages to Canadian dairy processors and failing to administer TRQs in a manner to ensure full use of TRQs as intended by USMCA. This prompted USTR to request formal consultations with Canada over the measures, the first step in bringing a second case before a USMCA dispute settlement panel.
Today’s actions are the culmination of months of painstaking work to evaluate the strongest basis for the United States’ case and find the best approach to bring Canada into compliance given its persistent violations.
“We thank USTR and USDA for their diligence in working to ensure that American dairy producers have the market access promised under USMCA. NMPF is committed to doing everything it can to support the case,” stated Jim Mulhern, president and CEO of NMPF. “At the end of the day, if Canada continues to flagrantly flout its obligations, the U.S. government has to be ready with retaliatory measures that make the Canadian government reconsider its actions.”
“It is deeply unfortunate that Canada simply refuses to honor the full terms of our agreement,” said Krysta Harden, president and CEO of USDEC. “USMCA is a fair deal that was thoroughly negotiated and agreed to by the Canadian government. The U.S. dairy community is thankful the administration and Congress have taken Canada’s violations seriously and are fighting for full export benefits that the American dairy industry earned.”
U.S. and Mexico Dairy Sectors Recommit to Binational Cooperation
Leading dairy representatives from the United States and Mexico gathered at Dairy Farmers of America headquarters in Kansas City this week to discuss strengthening cross-border cooperation on dairy issues. The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) served as the U.S. hosts and event organizers. Mexico’s delegation at the meeting included representatives from the Confederación Nacional de Organizaciones Ganaderas (CNOG), Asociación Mexicana de Productores de Leche (AMLAC), Gremio de Productores Lecheros de Mexico, Cámara Nacional de Industriales de la Leche (CANILEC), and Consejo Nacional Agropecuario (CNA).
On their fifth annual meeting within the framework of the partnership to strengthen the productive sector for milk in North America, held in Kansas City, the U.S. and Mexican dairy industries hereby agree to:
- Preserve, facilitate, and enhance fair trade between the two
- Preserve this forum for discussion and analysis of the relevant topics and issues of the milk and dairy producing sectors of Mexico and the United States.
- Have as a key objective the expansion of dairy consumption in both countries to the benefit of producers, manufacturers and consumers in the United States and Mexico. Promote joint activities that help increase the consumption of our dairy products within our region.
- Identify and promote actions that improve the productivity of dairy farms in Mexico and the United States.
- Continuously seek to strengthen the image and reputation of milk and dairy products in both countries to defend against the improper usage of milk and milk product names by other products of non-dairy origin.
- Maintain an open communication channel between the milk and dairy producers’ organizations of both countries, with the aim of achieving consensus for the benefit of our Likewise, exchange information and successful experiences through the participation of members of both countries in forums and congresses organized by our associations.
- Work on the strengthening of cooperation in the areas of technological exchange and training, both in terms of milk production at the farm level and in food safety and quality improvement of milk and dairy products from the nutritional standpoint.
- Work on sharing information on key new areas such as sustainability, animal welfare, farm labor, and other issues as they appear and mutually agree to the benefit of our producers and industry to ensure that we coordinate efforts to defend dairy in international forums and with consumers. Exchange information about the market trends of milk and dairy products in the North American region.
- Continue activities in defense of common food names, in particular, cheese names, allowing their free use in our North American market.
- Develop a work plan on the topics of the common agenda, with a follow-up scheme with scheduled meetings.
NMPF Push on Canadian USMCA Compliance Results in Second USTR Case on Dairy Access
NMPF’s championing of the need to use the full arsenal of U.S.-Mexico-Canada (USMCA) agreement enforcement tools to tackle Canada’s lack of compliance with its dairy market access obligations saw USTR launch an additional dispute settlement case on May 25. Just over a week prior, on May 16, Canada published as final a revised set of USMCA dairy tariff rate quota (TRQ) rules, which failed to fix its USMCA-violating practices. To address the additional problems Canada’s revised approach has raised and to defend the integrity of the agreement, the U.S. Trade Representative’s Office announced it was bringing an additional case.
“Prime Minister Trudeau regularly pledges Canada supports a rules-based global order built on cooperation and partnership, yet Canada continues to flout these trade commitments and plays games rather than meet its signed treaty commitments,” said Jim Mulhern, president and CEO of NMPF. “Dairy farmers appreciate USTR’s continued dedication to aggressively pursuing the full market access expansion into the Canadian market that USMCA was intended to deliver. At the same time, given Canada’s history of persistent violations and the high likelihood Ottawa will once again disregard its USMCA obligations, USTR and USDA must be prepared to deploy the strongest-possible retaliatory measures envisioned under the USMCA should this ‘whack-a-mole’ approach continue. Canada’s actions must have consequences.”
The latest step came after repeated meetings by NMPF and USDEC staff with USDA and U.S. Trade Representative officials to urge further action in anticipation of Canada’s announcement that it would make only minor cosmetic changes to its dairy USMCA tariff-rate quota (TRQ) system. Those changes fall well short of the reforms both organizations have insisted are needed for Canada to meet its commitments under the trade agreement.
A USMCA dispute settlement panel, initiated by the U.S. government at NMPF’s urging, found in January that Canada has not complied with its dairy market access commitments. Canada responded to the ruling in March with a proposal to “modify” its dairy TRQs, which NMPF and USDEC soundly rejected as it failed to incorporate real reforms. Despite the subsequent rejection from the Administration and Congress, Canada forged ahead on May 16 in publishing the TRQs without any consequential changes. In response, USTR indicated its intent to challenge those new rules.
Canada’s dairy TRQ system is also facing a dispute settlement process initiated by New Zealand under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a process that echoes some of the concerns raised by the U.S. government.
