Draft 21 June 2004

 

Blend it like Beckham — Trying to read the ball in the WTO negotiations on industrial tariffs

 

Santiago Fernandez de Córdoba, Sam Laird and David Vanzetti[1]

 

Abstract

 

The current WTO negotiations on industrial tariffs have focused largely on a formula approach to cutting tariffs, but the process of trying to find a compromise that would satisfy all sides has led to a number of propositions that entail blending various elements of formulae, sectoral elimination, exceptions for sensitive products, capping to reduce tariff peaks, provisions for developing and least-developed countries, provisions for recently acceded countries, and extending binding coverage at rates that could be determined in different ways. This blend of approaches is so complex that determing what a country may have to do and what it might expect from others is rather like trying to read one of David Beckham’s curved balls.  Yet, for many countries the outcome will determine for them whether the Doha Ministerial Declaration of the WTO delivers on its development promises. This paper looks at the various proposals and tries to assess how they measure up against the objectives of the negotiations.

 

 

Key words: WTO negotiations, trade, industrial tariffs, development, special and differential treatment, CGE modelling,


 

1. Introduction

 

The WTO negotiations on industrial tariffs have focused mainly on a formula approach to cutting tariffs. But various conditions attached to the formulae proposals make it difficult to assess the overall thrust of the approaches, rather like a goalkeeper trying to figure out the line of David Beckham’s curved ball! This paper looks at the various proposals with all their bells and whistles to try to make an overall assessment of how these approaches measures up to the objectives of the Doha Declaration, and in particular the development implications.  Developing countries in particular will want to know to what extent the proposals tackle barriers that face their key exports and the extent to which they may be required to take on new obligations that could curtail their policy space – the latitude that they have for using tariffs for industrial development purposes.

 

The paper is structured as follows. In Section 2 we look at the state of play on the WTO trade negotiations, describing the various proposals on the table. In Section 3, we look at the existing level of protection for world trade, and go on to make some estimates of the implications of the various scenarios for tariff peaks, tariff escalation and binding coverage. The paper concludes with an assessment of the extent to which the various proposals measure up against the objectives of Doha.

 

2. State of play in the WTO negotiations

 

In relation to industrial tariffs, WTO Ministers meeting in Doha in 2001 decided 'by modalities to be agreed, to reduce or as appropriate eliminate tariffs, including the reduction or elimination of tariff peaks, high tariffs, and tariff escalation, as well as non-tariff barriers, in particular on products of export interest to developing countries. Product coverage shall be comprehensive and without a priori exclusions' (paragraph 16 Doha Ministerial Declaration). Full account was to be taken of the special needs and interests of developing and least-developed country participants, 'including through less than full reciprocity in reduction commitments, in accordance with the relevant provisions of Article XXVIII bis of GATT 1994 …'

 

After two years of intensive negotiations, the WTO's Cancún Ministerial Meeting was unsuccessful in finding consensus on non-agricultural market access, although the lack of success may have reflected other issues that are cross-linked through the ‘single undertaking’ (“nothing is agreed until all is agreed”). Developed countries generally considered that there was insufficient ambition in the proposed draft text presented in Cancún while the developing countries believed that it did not sufficiently reflect their interests and concerns. Had the Singapore issues and agriculture been resolved, it seems unlikely that non-agricultural market access would have been a stumbling block, but the issue has been more difficult than many expected, given the overall level of industrial tariffs.

 

The Cancún Ministerial draft text on non-agricultural products was based on that of the Chairman of the Negotiating Group on Market Access: Revised Draft Elements of Modalities (TN/MA/W/35/Rev.1). The Chairman's text proposed a non-linear tariff reduction scheme similar to the 'Swiss' harmonizing formula with the maximum coefficient a function of each country’s national average tariff.[2] The proposed formula would be applied on a line-by-line basis. The Chairman  also identified seven sectors for complete liberalisation: electronics & electrical goods; fish & fish products; footwear; leather goods; motor vehicles parts & components; stones, gems & precious metals; and textiles & clothing. In reference to other issues, such as sectoral tariff elimination and increasing binding coverage, the draft contains similar proposals as those presented by the Chairman of the Non-agricultural Market Access Negotiating Group.

 

The United States, the European Union and Canada, in a joint contribution during the summer of 2003, prior to Cancún, had argued for a 'single' harmonizing formula rather than a country-based average tariff reduction formula in order to achieve greater expansion of market access in countries with relatively high initial average tariffs. They also proposed that there would be an increase in the single coefficient (implying a lesser reduction commitment) if Members were to bind their tariffs fully and reduce the gap between bound and applied MFN rates.

 

Whereas the Chairman's text envisaged exempting LDCs from tariff reduction commitments, the joint text proposed that additional provisions for LDCs and those IDA-only eligible members as well as members with a binding coverage of non-agricultural tariff lines that is less than 35 per cent. These members would be exempt from making tariff reductions arising from the application of the agreed formula, but, with the exception of LDCs, would be expected to bind 100 per cent of non-agricultural tariff lines at the overall level of the average bound tariffs of all developing countries after full implementation of current concessions.

 

 

 

While discussions have inevitably focussed on the Chairman’s text, technically all the proposals, including those made by China, Republic of Korea, India, South Africa and Malaysia, are still on the negotiating table, and countries can put forward new proposals, whether or not based on those already on the table.

 

In summary, the differences in the negotiations hinge on the level of ambition and the degree of special and differentiated treatment that is to be provided to developing countries. Developed countries have reduced their own tariffs to low levels in previous rounds and would like to see the developing countries, particularly the major ones such as Brazil, India and China, follow in this path. Poorer developing countries, which have little influence on global trade flows, are caught up in this requirement for significant liberalisation. The absence of graduation within developing countries is an impediment to progress in the negotiations.

 

3. Existing Levels of Protection

 

Many developing and least-developed countries enjoy tariff preferences under the Generalised System of Preferences and more selective schemes, such as the Cotonou Agreement, the Caribbean Basin Initiative, the Everything but Arms initiative of the EU and the African Growth and Opportunities Act (AGOA).  Even taking account of the4se preferences, average import-weighted applied tariffs on exports from these regions to developed countries are higher than those facing developed countries themselves. This reflects the composition of imports with different tariffs rather than higher tariffs on the same item. It also reflects the relatively weak bargaining power of the developing countries in past rounds of negotiations in that they were unable to secure tariff cuts on the kind of goods that they export.

 

Average tariffs

Table 1 shows non-agricultural trade weighted applied tariffs, levied by developed and developing countries on exports from each other. These data include preferential rates. On average, developed countries impose tariffs of 2.1 per cent on imports from other developed countries, 3.9 per cent on imports from developing countries and 3.1 per cent from LDCs. The most significant sectors contributing to the higher tariffs on developing country exports are petroleum and coal products and textiles and apparel. In petroleum and coal alone, developing countries face an average tariff in developed countries of 45 per cent. On the other hand, developed countries also face higher tariffs when exporting to developing countries (9.2 per cent) than do other developing countries (7.2 per cent), partly reflecting the composition of trade and partly reflecting preferential arrangements among groups of developing countries.

 

 

 

 

 

 

Table 1: Trade weighted average applied tariffs (inc. preferences) by development status

 

Developed

Developing

Least developed

 

%

%

%

 

 

 

 

Source

 

 

 

Developed

2.1

9.2

11.1

Developing

3.9

7.2

14.4

Least developed

3.1

7.2

8.3

Total

2.9

8.1

13.6

Source: Computed from UNCTAD TRAINS database.

 

 

Tariff peaks

While overall average tariffs may appear modest, there is a wide range of items with rates that far exceed these averages. This is why the elimination of tariff peaks on products of interest for developing countries still remains a priority in the multilateral trade agenda. There is no unique definition of a high tariff or tariff peak, but it is now widely accepted among negotiators that a domestic or national tariff peak is an individual tariff rate that is at least three times higher than the national average.[3] Although this exists in many countries, it is more prevalent in developed countries where nearly 10 per cent of developed country tariff lines are in excess of three times the national average (Table 2). Tariff peaks are less common in developing countries as a result of reforms under World Bank/IMF programmes, which tend to favour flatter tariff structures.

 

Table 2: Peaks in bound and applied tariffs as share of total tariff lines

Scenario

Bound

Applied

 

%

%

 

 

 

Developed countries

8.2

9.9

Developing countries

0.4

3.5

Least-developed countries

0.4

0.7

Source: Computed from UNCTAD TRAINS database.

 

Tariff escalation

Another aspect of the bias in protection against developing country exports is tariff escalation, the increase in the level of tariff rates with the stage of processing (UNCTAD, 2003).  Tariff escalation makes it harder for exporters to develop export-oriented processing industries, e.g. by increasing domestic value added to their base commodity production. The increase in tariffs down the processing chain particularly affects the intermediate stage, as illustrated in Table 3.

 

Table 3: Tariff escalation: trade weighted applied tariffs by stage of processing

 

Primary

Intermediate

Final

 

%

%

%

 

 

 

 

Developed

0.4

3.0

3.4

Developing

6.0

9.1

8.0

Least-developed

6.9

18.0

12.0

Source: Computed from UNCTAD TRAINS database.

 

Binding coverage

WTO tariff negotiations are not merely about cutting tariffs, but also about “binding” tariffs, that is, locking in tariff rates so that they cannot be increased unilaterally by a WTO Member but only as a result of the renegotiation of bindings under GATT Article XXVIII.  Figure 1 shows the existing bound and applied rates for non-agricultural products for developed, developing and least-developed countries (LDCs).[4] The bound rates are the basis for the current negotiations but changes in applied rates determine the economic impact. For most developed countries applied and bound tariffs are the same, with applied tariffs at 2.9 per cent. In developing countries, the average of applied rates is 8.1 per cent, substantially below bound rates as a result of unilateral reforms under World Bank-IMF reform programmes.

 

Figure 1: Weighted average tariffs for non-agricultural products

Source:   Computed from UNCTAD TRAINS database, latest year available.

Note:      The method of import weighting appears to suggest that the average applied tariff exceeds the average bound tariff for developed and least-developed countries, but in fact simply reflects the composition of trade, and does not imply that the applied rates exceed bindings for any particular item.

 

 

While the binding of tariffs is an important, valid, legal commitment, there is also an economic significance, in that binding, even above applied levels, provides greater security to trading partners. Binding may also be seen as a sign of the predictability of trade policy more generally, thereby providing security for investments that can drive economic growth.

 

Most developed countries have almost all (on average 98.4 per cent) of their tariffs bound as a result of negotiations over the last 50 years. For developing countries binding coverage is much lower (78.2 per cent, compared with 22 per cent prior to the Uruguay Round) and for least-developed countries it is quite low (33.1 per cent). The reason for the lower binding coverage in developing countries and LDCs is essentially because, prior to the Uruguay Round, few demands were made on them to open their markets, which were not perceived as being very important.

 

Our analysis shows that, under all the non-agricultural proposals on the table in the current WTO negotiations, there would be an increase in the binding coverage of developing and least-developed countries. For many tariff lines, the final bound level would be below the current applied level, reducing the overall average applied tariff.  However, for other lines there would still be a margin between the applied and bound rates, allowing some scope for increasing the applied rates. This could be used, for example, instead of invoking anti-dumping duties or safeguards. Developing countries may also see this margin as providing for some degree of policy space through the use of tariffs for industrial development purposes.

 

 

 

Figure 2: Initial binding coverage for non-agricultural products

(% of total tariff lines that are bound)

 

Source: WTO's Consolidated Tariff Schedule database (CTS).

 

 

4. How would current WTO negotiations affect tariffs?

 

As noted earlier, a large number of proposals have been made in the WTO negotiating Group on Non-agricultural Market Access (NAMA), of which six proposals had a formula as a core element.[5] Of these, the Chinese, EU, Korean and Japanese proposals resemble the Swiss formula used in the Tokyo Round in that they all were intended to cut higher rates by a greater percentage than lower rates. In the Tokyo Round, the Swiss formula used a single coefficient of 16, which became the maximum rate for all affected tariffs in all participating countries, and was therefore harmonizing across countries. A number of the current formulae proposals are intended to reduce tariffs within rather than across countries, and may therefore be seen as “harmonising” within individual countries. The first phase of the initial US proposal was similar, but the US also proposed universal free trade after 10 years.

 

One problem being faced by negotiators and analysts is that a number of parameters are not specified but are left to be determined in the negotiations. For example, the Indian proposal included unspecified linear cuts with a lesser reduction by developing countries.  One illustration of how this might work was for a 50 per cent tariff reduction by developed countries and 33.3 per cent by developing countries. In the proposal by the Chairman of the Negotiating Group, there is an unspecified multiplier (or divisor) that could deepen or lessen the depth of cuts and could even be applied differentially across groups of countries.  

 

In this section we analyse the effects of four alternative scenarios of trade liberalisation for non-agricultural products based on proposals made from Member states in the WTO Working Group (Table 4).  The scenarios presented (“Free Trade”, “Hard WTO”, “Soft WTO” and “Simple Mix”) have been selected to facilitate a comparison of the spectrum of the proposals on the negotiating table, and to demonstrate the sensitivity of the outcome to the precise parameters that might be negotiated.

 

The first scenario, free trade, draws from the December 2002 proposal by the United States of America to the WTO Working Group. For this scenario all countries bind their non-agricultural tariffs and reduce them to zero.

 

The second and third scenarios, so-called Hard and Soft WTO, are two variations from the Chairman of the WTO Working Group proposal for non-agricultural tariff reductions. These two scenarios cover the following elements:

 

1.       Tariff reduction formula

2.       Sensitive items

3.       Binding coverage

4.       Level of binding

5.       Sectoral elimination

 

Both the Hard and Soft approaches are based on the WTO proposed harmonizing formula:

 

         

 

where ta is the national average of the base rates, T0 the initial rate, T1 the final rate, and B is the coefficient, yet to be negotiated, reflecting the level of ambition.

 

This formula reduces tariffs according to a Swiss formula. The maximum coefficient is equal to the current national import-weighted average, achieving the progressive effect of proportionately greater reductions in higher initial tariffs. This coefficient in the Swiss formula represents the maximum tariff after the application of the tariff reduction formula. In previous applications B and ta were represented as a single coefficient common to all members. The Swiss formula used for industrial products during the Tokyo Round with a maximum coefficient of 14 per cent.

 

In the WTO Chairman's proposal the B coefficient would be common to all countries. B set at 1 implies the average bound rates become the maximum. The so-called Hard version of WTO proposal builds upon a B coefficient equal to 0.5. Under this scenario, developed and developing countries with the same average initial tariffs would make the same percentage reduction. In this sense, the proposal does not contain any specific and differential component. However, an element of special and differentiated treatment for developing countries would exist where developing countries have higher initial tariffs than developed countries, as is often the case.

 

In contrast to the Hard WTO scenario in which B equals 0.5, the Soft scenario incorporates a B coefficient would be differentiated between developed and developing countries. B takes two values, 1 for developed countries and 2 for developing countries (although these could obviously be differentiated more or less strongly). This differentiation of the B coefficient is based on the principle of special and differential treatment and less than full reciprocity concept for developing countries mandated in paragraph 16 of the Doha Ministerial Declaration.

 

Both WTO scenarios include a special clause that allows sensitive items to remain unbound, and excluded from any tariff cut obligations. For our purposes, we define sensitive products as the 5 per cent of the unbound tariff lines generating the most revenue, or, alternatively, all unbound lines, whichever is less. In other words, we assume that unbound tariff lines gathering the greatest amount of tariff revenue are excluded first. These items have either high tariffs, high trade flows or, most likely, a combination of both. For these tariff lines, WTO Members neither bind nor cut their tariffs.

 

Both Hard and Soft scenarios specify that 95 per cent of the tariffs be bound. However, in the former scenario, the binding would be at twice the applied rate, and in the latter scenario, at either twice the applied rate or 50 per cent, whichever is higher. In the Hard scenario tariffs are bound and then the tariff reduction formula is applied. In the Soft scenario tariffs are only bound (up to the 95 per cent level) and are not subject to reductions.

 

The Hard WTO scenario includes sectoral elimination. This implies the elimination of tariffs for electronics & electrical goods, fish and fish products, textiles, clothing, footwear, leather goods, motor vehicle, parts and components, stones, gems and precious metals. The Soft scenario includes sectoral elimination for developed countries only and presumes that developing countries will not carry out the elimination of tariffs in these sectors.

 

The last scenario, 'Simple' mix, draws from a linear cut formula with a cap for tariff peaks and escalation. This capping element harmonizes tariffs and has a similar effect as the Swiss formula. It is therefore particularly useful for reducing tariff peaks and tariff escalation. The capping formula specifies that no tariff will be higher than three times the national average. This scenario does not include sectoral elimination of tariffs. As in the Soft WTO scenario, in the 'simple' mix scenario 95 per cent of tariffs are bound at either twice the applied rate or 50 per cent, whichever is higher. No tariff cutting formula is applied to tariffs after binding them.


Table 4: Four scenarios for tariff cutting