PAGENO="0001" FOREIGN TRADE AND TARIFF PROPOSALS HEARINGS BEFORE THE COMMITTEE ON WAYS AND MEANS HOUSE OF REPRESENTATIVES NINETIETH CONGRESS SECOND SESSION ON TARIFF AND TRADE PROPOSALS JUNE 4, 5, 10, 11, 12, 13, 14, 17, 18, 19, 21, 24, 25, 26, 27, 28; JULY 1 AND 2, 1968 PART 10 Contains June 28; July 1 and 2, 1968 Printed for the use of the Committee on Ways and Means ,,.`~ ,~* (~* ILS. GOVERNMENT PRINTING OFFICE 95-159 WASHINGTON : 1908 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $2.25 PAGENO="0002" COMMITTEE ON WAYS AND MEANS WILBUR D. MILLS, Arkansas, Chairman CECIL H. KING, California HALE BOGGS, Louisiana FRANK M. KARSTEN, Missouri A. S. HERLONG, Ja., Florida JOHN C. WATTS, Kentucky AL ULLMAN, Oregon JAMES A. BURKE, Massachusetts MARTHA W. GRIFFITHS, Michigan GEORGE JL RHODES, Pennsylvania DAN RO'STENKOWSKI, Illinois PHIL M. LANDRUM, Georgia CHARLES A. VANIK, Ohio RICHARD H. FULTON, Tennessee JACOB H. GILBERT, New York JOHN W. BYRNES, Wisconsin THOMAS B. CURTIS, Missouri JAMES B. UTT, California JACKSON B. BETTS, Ohio HERMAN T. SCHNEEBELI, Pennsylvania HAROLD R. COLLIER, Illinois JOEL T. BROYHILL, Virginia JAMES F. BATTIN, Montana BARBER B. CONABLE, Ja., New York GEORGE BUSH, Texas WIr~LIAM H. QIJEALY, Minority Counsel (II) JOHN II. MARTIN, Jr., Chief Counsel J. P. BAKER, Assistant Chief Counsel PAGENO="0003" CONTENTS Part I 1968: Page Tuesday, June 4 1 Part 2 Wednesday, June 5 439 Monday, June 10 649 Part 3 Tuesday, June 11 741 Wednesday, June 12 877 Thursday, June 13 1081 Part 4 Friday, June 14 1313 Monday, June 17 1475 Part 5 Tuesday, June 18 1829 Part 6 Wednesday, June 19 2349 Part 7 Friday, June 21 2749 Monday, June24 3173 Part 8 Tuesday, June 25 3479 Part 9 Wednesday, June 26 3865 Thursday, June 27 4201 Part 10 Friday, June 28 4483 Monday, July 1 4669 Tuesday, July 2 4909 Part 11 Summaries 5601 (~) PAGENO="0004" lv SUBJECT HEADINGS Aircraft- Aluminum Athletic goods Barber and beauty shop equipment Bicycle parts and accessories Ceramic tile, glass, pottery, etc Chemicals Coal Dairy products Distilling industry Electronics and cameras Fish Fruits and vegetables Fur General Government witnesses Honey Industrial rubber products Iron and steel Lead and zinc Leather goods Machine tools Meat Miscellaneous Oil andgas Optics Paperandpublishing Pins, fasterners, etc Plastics, buttons, etc Rubber footwear Stainless steel Textiles Umbrellas Watches Window shades Wood and wood products Date June 21. June 24. June 21. June 21. June 24. June 25. June 28 & July 1.~ July 1. July 2. June 21. June 25. June 24. July 2. June 26. June 11, 12, 13, 14, 17. June 4, 5, 10. June 24. June 26. June 18. June 18. June 26. June 21. June 24. July 2. June 27. June 21. June 27. June 21. June 21. June 25. June 21. June 19. June 21. June 25. June 25. June 27. Press release dated Thursday, May 9, 1968, announcing public hearings on tariff and trade proposals Proposed "Trade Expansion Act of 1968," committee print Message of the President Draft bill (H.R. 17551, intrbduced by Chairman Mills on May 28, 1968, at the request of the administration) Section-by-section analysis WRITTEN COMMUNICATION SUBMITTED BY GOVERNMENT OFFICIAL Fowler, Hon. Henry H., Secretary of the Treasury, letter dated June 6, 1968, to Chairman Mills 666 ORAL STATEMENTS BY GOVERNMENT OFFICIALS Agriculture, Department of: Freeman, Hon. Orville L., Secretary 649, 654 loanes, Raymond A., Administrator, Foreign Agriculture Service~ 439, 649 Labor, Department of: Wirtz, Hon. W. Willard, Secretary 28, 37 Blackman, Herbert N., Administrator, Bureau of International Labor Affairs Page 2 5 8 13 19 PAGENO="0005" V Commerce, Department of: Page Smith, Hon. Cyrus R., Secretary 28 Garland, Allen H., Director, Trade and Commercial Policy Division.. 439 McQuade, Hon. Lawrence C., Assistant Secretary 28, 439 Consumer Affairs, Special Assistant to the President for, Miss Betty Furness 649, 662 Interior, Department of, Hon. Stewart L. Udall, Secretary 28, 33 State, Department of: Rusk, Hon. Dean, Secretary 649 Solomon, Hon. Anthony M., Assistant Secretary for Economic Affairs, Bureau of Inter-American Affairs 649 Trade Negotiations, Office of Special Representative for: Roth, Ambassador William M., special representative for trade negotiations 28, 42, 439, 446, 649 Gates, Theodore R., assistant special representative 439 Malmgren, Harald B., assistant special representative 28, 439 Rehm, John B., general counsel 28, 439 Treasury, Department of: Petty, Hon. John, Deputy Assistant Secretary, Office of International Affairs 439 Smith, Fred B., general counsel 28 STATEMENTS OF PUBLIC WITNESSES Abbitt, Hon. W. M., a Representative in Congress from the State of Virginia 4819 Abel, I. W., president, United Steelworkers of America 1845, 1895 Abernethy, Hon. Thomas G., a Representative in Congress from the State of Mississippi 3173 Ackert, James D., Domestic Producers Association of New England 3386 Ad Hoc Committee of Galvanized Electrical Transmission Tower Fabri- cators: Gannaway, Charles B., chairman 2211 Scans, David T., counseL 2211 Adair, Hon. E. Ross, a Representative in Congress from the State of Indiana 894 Adams, Charles F., chairman of the board, Raytheon Co 3640 Adams, John Quincy, chairman, coordinating committee, Food Industries of NewYork, Inc 3297 Adams, Dr. Walter, professor of economics, and director of program on industrial structures in the Atlantic community, Michigan State Uni- versity 1430 Aerospace Industries Association of America, Karl G. Harr, Jr., president_ 1391 AFL-CIO: Biemiller, Andrew J., director, department of legislation 1091 Goldfinger, Nathaniel, director, department of research 1091 Alcan Aluminum Corp., Eric A. Trigg, president 3370 Aluminum Association, John M. Mitchell 3345 American Aniline Products, Inc.: Marshall, James J., president, and in behalf of Ad Hoc Committee of U.S. Dyestuff Products 4724 Stewart, Eugene L., counsel 4724 American Apparel Manufacturers Association, Lawrence S. Phillips 2538 American Association of Oilwell Drilling Contractors, Robert A. Busch- man, president 4314 American Association of Port Authorities, Roger H. Gilman, first vice president 861 American Association of University Women, Dr.. Lois Torrence 869 American Association of Woolen Importers, Inc.: Bissinger, Fred, president 2553 Daniels, Michael P., counsel 2553 Smith, David 2553 American Beekeeping Federation, Glenn Gibson, executive secretary 3453 American Cyanamid Co., John M. Fasoli, director of public relations _ - - 4651 PAGENO="0006" VI American Farm Bureau Federation: Page Harris, Herbert B., II, legislative counsel 1215 Lynn, John C., legislative director 1215 American Fur Merchants Associations, Inc., Eugene Dreisin, presidenG - - 4039 American Importers Association: O'Brien, Gerald, executive vice president 829 Floor covering group: Herzstein, Robert E., counsel 2599 Imported footwear group: Hemmendinger, Noel, counsel 4109, 4155 Lipkowitz, Edward, chairman 4155, 4174 Non-rubber-footwear group: Donohue, Joseph F, and Noel Hemmendinger, counsel, imported footwear group 4109 Organic chemicals group: (]raubard, Seymour, counsel 4673 Haines, Walter W 4673, 4706 Hochschwencler, Karl 4673, 4704 Stohaugh, Robert B., Jr 4673, 4675 Textile and apparel group: Daniels, Michael P., counsel 2415, 2417 Hohenberg, Bernard L., chairman 2415 American Iron & Steel Institute, Thomas F. Patton 1845 American Institute for Imnorted Steel, Inc., Kurt Orbun, President 2088 American Loudspeaker Manufacturers Association, Eugene L. Stewart, counsel 3518 American National Cattlemen's Association: Carrothers, It. B 3196 House, Bill, president 3196 American Petroleum Refiners Association, Walter Famariss, Jr., president_ 4308 American Producers of Italian-Type Cheeses Association, and Stella cheese division, Universal Foods Corp., Stephen F. Owen, Jr., counsel 4866 American Retail Federation: Savona, Vincent 1404, 1409 Selonick, Edward H 1404 American Soybean Association: Lodwick, Seeley G., vice president 950 Ranctoiph, Chet, executive vice president 950 American Textile Manufacturers Institute: Dent, Frederick B., president 2360 Jackson, Robert C., executive vice president 2360 American W' atch Association, Bertram Lowe, chairman, customs com- mittee 3705 Anti-Friction-Bearing Manufacturers Association, Bernard J. Shallow, chairman 2974 Ashbrook, Hon. John M., a Representative in Congress from the State of Ohio 4829 Ashley, James M., chairman of the board, Trade Relations Council of the United States, Inc 1109 Ashton, Prof. David J., director, International Center of New England_ 1572, 1573 Association on Japanese Textile Imports, Inc., Mike M. Masaoka, Washing- ton representative 2490 Athletic Goods Manufacturers Association, William P. Holmes 3071 Atlanta Artificial Kidney Center, John H. Sadler, M.D., director~ 1324, 1333 Baird Chemical Industries, Joseph M. Baird, chairman of the board - - - - 4764 Balgooyen, H. Mt., New York Chamber of Commerce 1271 Barbaree, George, international secretary-treasurer, and Robert Lord, vice president, International Brotherhood of Operative Potters - 3756, 3801 Barnard, Robert C., counsel, Synthetic Organic Chemical Manufacturers Association, and Dry Colors Manufacturers Association 4483, 4512 Bates, Hon. William H., a Representative in Congress from the State of Massachusetts 3378, 3865 Beard, Charles H., chairman of the board, National Committee on Inter- - national Trade Documentation lOb Beckman, Luke F., president, Minster Canning Co 5036 Beckrnann, R. J., Domestic Wood Louvered Products Industry 443/ PAGENO="0007" VII Beicher, Hon. Page, a Representative in Congress from the State of Page Oklahoma 3178 Belgian-American Chamber of Commerce in the United States, Inc., Robert M. Gottschalk, counsel 1597 Bender, Mark G., Ph. D., assistant professor of economics, Holy Cross College, Worcester, Mass 1659 Bendix International, W. Michael Blumenthal, president 1238 Berry, Hon. E. V., a Representative in Congress from the State of South Dakota 1085, 3996 Bevill, Hon. Tom, a Representative in Congress from the State of Alabama 1839 Bicycle Manufacturers Association, William M. Hannon, chairman, Wash- ington affairs committee 4902 Biemiller, Andrew J., director, department of legislation, AFL-CIO 1091 Bissinger, Fred, president, American Association of Woolen Importers, Inc_ 2553 Blackburn, Hon. Benjamin B., a Representative in Congress from the State of Georgia 1324 Blackie, William, chairman, Caterpillar Tractor Co 1348 Blumenthal, W. Michael, president, Bendix International 1238 B'nai B'rith, Herman Edelsberg, director, International Council 1026 Boeing Aircraft, T. A. Wilson, president 1343, 1347 Boland, Hon. Edward P., a Representative in Congress from the State of Massachusetts 895 Bonomo, Ralph, Italy-American Chamber of Commerce 1619, 1622 Boot & Shoemakers Union, John E. Mara, president, and George 0. Fecteau, general president, United Shoeworkers of America, AFL-CIO_ - 4102 Bradford District, Pennsylvania Oil Producers Association, Pennsylvania Grade Crude Oil Association, and New York State Oil Producers As- sociation, J. Paul Jones 4212, 4251 Bradley, Mrs. David G., foreign policy chairman, League of Women Voters of the United States 982 British-American Chamber of Commerce of New York, Earl W. Kintner. 1579 Broun, E. Fontaine, president, Manmade Fiber Producers Association 2464 Broyhill, Hon. James T., a Representative in Congress from the State of North Carolina 1475 Buchanan, Hon. John, a Representative in Congress from the State of Alabama 1319 Burch, Robert, Rocky Mountain Oil & Gas Association 4346 Burleson, Hon. Omar, a Representative in Congress from the State of Texas 4205 Burrows, Fred W., executive vice president, International Apple Associa- tion s00~ Burton, Hon. Laurence J., a Representative in Congress from the State of Utah 1478 Buschrnan, Robert A., president, American Association of Oilwell Drilling Contractors 4314 Business Builders International, Inc., J. Theodore Wolfson, president 857 Cal-Compack Foods, Gentry Corp., Santa Maria Chili, Inc., and Universal Foods Corp., W. Ed Crane, in behalf of 5001 California Council for International Trade, Gerald B. Levine, director and member, U.S. trade policy committee 1280 California Independent Producers & Royalty Owners Association, Joseph C. Shell, executive director 4212, 4270 California Olive Growers & Canners Industry Committee, G. K. Patterson_ 4991 California Strawberry Advisory Board, Northwest Canners & Freezers Association, and Oregon Strawberry Council, Robert E. Ward 3743 Camero, Sergio, administrator, Puerto Rico Economic Development Administration 4348 Campbell, William C., secretary, industrial rubber products division, Rubber Manufacturers Association 4190 Carmody, Edward T., vice chairman and director, Timex, the U.S. Time Corp 3720 Carrothers, R. B., American National Cattlemen's Association 3196 Cast Iron Soil Pipe Institute: Hunt, Frederick D., foreign trade consultant 2234 Perry, J. Wiley, Jr., chairman, import study committee 2234 Caterpillar Tractor Co.: Blackie, William, chairman 1343, 1348 Eckley, Robert S., assistant to the president 1035 PAGENO="0008" VIII Page Cement Industry Antidumping Committee, John C. Mundt, vice chairman.. 1369 Cerf, Jay H., manager, international group, Chamber of Commerce of the United States 1710 Chamber of Commerce of the United States, Jay H. Cerf, manager, inter- national group 1710 Cheese Importers Association of America, Martin A. Fromer, counsel 4873 Chester, Howard P., executive secretary, Stone, Glass, and Clay Coordi- nating Committee 3756 Chesterton, A. Devereaux, director, International Center of New Eng- land 1572, 1576 Christopher, William F., chairman, tariff committee, Society of the Plastics Industry, Inc. 3098 Clay, Henry J., Netherlands Chamber of Commerce in the United States, Inc 1589 Cleveland Greenhouse Growers Cooperative Association, Jerry Nowinski, chairman 5027 Clothespin & Veneer Products Association, and Slide Fastener Association, Richard A. Tilden 2752 Coerper, Milo G., German-American Chamber of Commerce~ 1594 Colmer, Hon. William M., a Representative in Congress from the State of Mississippi 4819 Committee for a National Trade Policy, Carl J. Gilbert, chairman 741 Committee for Economic Development, Howard C. Petersen, vice chair- man, international economic studies, research, and policy committee_ - - - 1225 Committee of Producers of Ferroalloys & Related Products, Ronald L. Cunningham 2170 Conneaut Port Authority, Mayor EdwardJ. Griswold, of Conneaut, Ohio~ 1424 Control Data Corp., Hugh P. Donaghue, assistant to the president 1416 Cooper, Mitchell J., counsel, footwear division, Rubber Manufacturers Association 4148 Cooperating Oil & Gas Association, Clinton Engstrand, vice chairman, liaison committee, & president and chairman, Kansas Independent Oil & Gas Association 4212, 4238 Cornett, Hollan, executive board member, United Stone & Allied Products Workers of America 3756, 3792 Council, Buford W., chairman, tomato committee, Florida Fruit & Vege- table Association 4951, 4964 Cowherd, Edwin R., vice president, dyestuff and chemical division, GAF Corn 4640 Cox, J. Abney, past president and chairman, competition and marketing agreements committee, Florida Fruit & Vegetable Association 4951 Crane, W. Ed, in behalf of Cal-Compack Foods, Gentry Corp., Santa Maria Chili, Inc., and Universal Foods Corp 5001 Culbertson, J. Steele, director, National Fish Meal & Oil Association 3429 Cunningham, Ronald L., Committee of Producers of Ferroalloys & Related Products 2170 Daniels, Michael P.: American Association of Woolen Importers, Inc., counsel 2553 American Importers Association, textile and apparel greup, counsel 2415, 2417 Danish-American Trade Council, Inc.: Hessel, B. H 1626 Wedell, Gustav, chairman, business practices committee 1626 Darman, Morton H., chairman of the board, National Association of Wool Manufacturers and in behalf of National Wool Growers Association~~ 2376 Davidson, Paul H., president, International Importers, Inc., H. William Tanaka, attorney, in behalf of 3634 Davies, Richard, consultant, Synthetic Organic Chemical Manufacturers Association 4483, 4590 Davis, Roy B., president; National Cotton Council of America 2562 Dawson, David H., vice president, E. I. DuPont de Nemours & Co 4596 DeBlois, Robert, New England Fuel Institute 4302 Dellenback, Hon. John, a Representative in Congress from the State of Oregon 4006 Denney, Hon. Robert V., a Representative in Congress from the State of Nebraska 3191, 4007, 4843 PAGENO="0009" Ix Page Dent, Frederick B., president, American Textile Manufacturers Institute_ - 2360 Dent, Hon. John, a Representative in Congress from the State of Penn- sylvania 3873 Derwinski, Hon. Edward J., a Representative in Congress from the State of Illinois 1836 De Santis, Arthur A., executive secretary, Italy-American Chamber of Commerce 1619 Dirlam, Dr. Joel B., professor of economics, University of Rhode Island - 1430 Diouhy, John, executive vice president, Emil J. Paidar Co 3136 Donaghue, Hugh P., assistant to the president, Control Data Corp 1416 Donehower, William L., Jr., Rolled Zinc Manufacturers Association 2306 Donohue, Hon. Harold D., a Representative in Congress from the State of Massachusetts 1083 Donohue, Joseph F., Nonrubber Footwear Group, and Noel Hemmend- inger, Imported Footwear Group, American Importers Association 4109 Domestic bicycle tire and tube industry, C. J. Warrell 3450 Domestic Producers Association of New England, James D. Ackert 3386 Domestic Wood Louvered Products Industry: Beckmann, R. J 4437 Golden, David A., counsel 4437 Dorn, Hon. William Jennings Bryan, a Representative in Congress from the State of South Carolina 2407 Douglas, Donald W., Jr., vice president, McDonnell Douglas Corp 2783 Dreisin, Eugene, president, American Fur Merchants Association, Inc - - - 4039 Dry Colors i\'lanufacturers Association, Robert C. Barnard, counsel 4483 DuPont, E. I., de Nemours & Co., David H. Dawson, vice president 4596 Dymsza, Dr. William A., research director, International Business Institute, Graduate School of Business Administration, Rutgers University 1637 Eastern Meat Packers Association, Inc., and Meat Trade Institute of New York, George Kern 3287 Eberlein, John G., chairman, drawback committee, National Customs Brokers & Forwarders Association of America, Inc 1021 Eckhardt, Hon. Bob, a Representative in Congress from the State of Texas 1480 Eckley, Robert S., assistant to the president, Caterpillar Tractor Co - - - 1035 Edelsberg, Herman, director, International Council, B'nai B'rith 1026 Electronic Industries Association: Consumer products division: Fezell, George H., vice president 3479 Hoffman, Charles N., chairman 3479 International trade matters division: McCauley, Alfred R., special counsel 3479 Parts and distributor products divisions: Stewart, Eugene L., counsel 3518 EMBA Mink Breeders Association, Richard Westwood, president 4012 Emergency Committee for American Trade: Blackie, William, chairman, Caterpillar Tractor Co 1343, 1348 Purcell, Robert, finance committee chairman, International Basic Economic Corp 1343, 1350 Watson, Arthur K., chairman 1343 \~S,Tjlson T. A., president, Boeing Aircraft 1343, 1347 Engstrand, Clinton, vice chairman, liaison committee, Cooperating Oil & Gas Association, and president and chairman, Kansas Independent Oil& Gas Association 4212, 4238 Epstein, Lawrence D., vice president, Perry Products, Co 2243 Eshleman, Hon. Edwin D., a Representative in Congress from the State of Pennsylvania 2751 Everett, Hon. Robert A., a Representative in Congress from the State of Tennessee 3196 Fairchild Camera & Instrument Corp., Richard Hodgson, vice chairman, board of directors 3644 Fallon, Hon. George H., a Representative in Congress from the State of Maryland 1832 Famariss, Walter, Jr., president, American Petroleum Refiners Associa- tion 4308 Fasoli, John ~`1., director of public relations, American Cyanamid Co_ - - - 4651 PAGENO="0010" x Fecteau, George 0., general president, United Shoewarkers of America, Page AFL-CIO, and John E. Mara, president, Boot & Shoemakers Union~ 4102 Fezell, George H., vice president, Consumer Products Division, Electronic Industries Association 3479 Finkel, Leonard E., president, Umbrella Frame Association of America~. - 3140 Fisher, Hon. 0. C., a Representative in Congress from the State of Texas. 877 Flavor Pict Cooperative, Louis F. Rauth 5023 Fletcher, Aubrey, executive vice president, C. Tennant Sons & Co 2311 Florida Citrus Mutual, Robert W. Rutledge, executive vice president_ - - - 4981 Florida Fruit & Vegetable Association: Council, Buford W., chairman, tomato committee 4951, 4964 Cox, J. Abney, past president and chairman, competition and market. 11mg agreements committee 4951 Peters, John S., manager, membership and industry relations division_ 4951, 4966 Food Industries of New' York, Inc., John Quincy Adams, chairman, coordinating committee 3297 Fox, Stark, executive vice president, Independent Oil & Gas Producers of California 42124266 French, Charles W., vice president, Pfister Chemical, Inc 4648 Fromer, Martin A., counsel, Cheese Importers Association of Ameriea~_ 4873 Fuller, Robert P., chairman, government affairs committee, National Shoeboard Conference, Inc 4124 GAP Corp., Edwin R. Cowherd, vice i)resident, dyestuff and chemical division 4640 Galifianakis, Hon. Nick, a Representative in Congress from the State of North Carolina 4008 Gallagher, Daniel R., director, Green Olive Trade Association 4991 Galvanized Electrical Transmission Tower Fabricators, ad hoc Committee of (See Ad Hoc Committee, etc.) Gannaway, Charles B., chairman, ad hoc Committee of Galvanized Electrical Transmission Tower Fabricators 2211 Geier, Philip 0., Jr., National Machine Tool Builders' Association 2345 Geller, Norman, director, Independent Wire Drawers Association~.~ 2194, 2196 Gentry Corp., Cal-Compack Foods, Santa Maria Chili, Inc., and Universal Foods Corp., E. Ed Crane, in behalf of 5001 German American Chamber of Commerce, Milo G. Coerper 1594 Gerstacker, Carl, chairman of the hoard, Manufacturing Chemists Association 4483, 4484 Gibson, Glenn, executive secretary, American Beekeeping Federation - - - 3453 Gilbert, Carl J., chairman, Committee for a National Trade Policy 741 Gilbert, Robert A., vice president, Investors League, Inc 1031 Gillis, John, vice president, and member, board of directors, 1\'Ioasanto Co_ 4618 Gilman, Roger H., first vice president, American Association of Port Authorities 861 Glass, Irving R., executive vice president, Tanners' Council of America, Inc 4064, 4082 Golden, David A.: Domestic Wood Louvered Products Industry, counsel 4437 United States Potters Association, customs and tariff counsel 3803 Goldfinger, Nathaniel, director, Department of Research, AFL-CIO - - - 1091 Goldstein, Alan, chairman, national affairs committee, National Footwear Manufacturers Association 4064 Golson, Charles E., International Engineering & Construction Industries Council 805 Gottschalk, Robert M., counsel, Belgian-American Chamber of Commerce in the United States, Inc 1597 Graham, 1-larry L., legislative representative, National Grange 756 Graubard, Seymour, counsel, organic chemicals group, American Tm- porters Association 4673 Greater Detroit Board of Commerce, Frederick C. Nash, world affairs committee 1260 Greater Minneapolis Chamber of Commerce, J. Patrick Kittler, chairman, world trade committee 1290 Green Olive Trade Association, Daniel R. Gallagher, director 4991 Griswold, Mayor Edward J., city of Conneaut, Ohio, behalf of Conneaut Port Authority 1424 PAGENO="0011" XI Guenther, Dr. Harry P., dean, School of Business Administration, George- Page town University 1662 Ilagan, IFion. G. Elliott, a Representative in Congress from the State of Georgia 3179 ilaines, Walter W., organic chemicals group, American Importers Asso- ciation 4673, 4706 Hall, Hon. Durward G., a Representative in Congress from the State of :vnssouri 1081 1-lamilton, Hon. Lee H., a Representative in Congress from the State of Indiana 4006 Haunon, William M., chairman, Washington affairs committee, Bicycle Manufacturers Association 4902 Hansen, Hon. Clifford P., a U.S. Senator from the State of Wyoming_~_ 3192 Hardhoard Manufacturers, James R. Sharp, attorney 4447 Harr, Karl G., Jr., president, Aerospace Industries Association of America 1391 Harris, Herbert E., II, legislative counsel, American Farm Bureau Federa- tion 1215 Harrison, Hon. William 1-I., a Representative in Congress from the State of Wyoming 4933 Harsha, Hon. William H., a Representative in Congress from the State of Ohio - 1838, 4831 Hartke, Hon. Vance, a U.S. Senator from the State of Indiana 1931 1-larvey, Hon. James, a Representative in Congress from the State of Michigan 4833 Hemingway, Stuart C., Jr., Stainless Steel Flatware Manufacturing Asso- ciation 3091 ilemmendinger, Noel, counsel: Imported footwear group, American Importers Association 4109, 4153 Imported footwear group, and Joseph F. Donohue, nonrubber footwear group, American Importers Association 4109 Henderson, Hon. David N., a Representative in Congress from the State of North Carolina 3384 Henderson, David W., executive secretary, National Board of Fur Farm Organizations 4012, 4019 Herkner, George W., executive vice president, Warner & Swasey Co 2845, 2971 I-Ierzstemn, Robert E., counsel, floor covering group, American Import Association, and Wilton and \Telvet Carpet & Rug Importers 2599 1-Tessel, B. 1-1., Danish-American Trade Council, Inc 1637 Hicks, W. B., Jr., executive secretary, Liberty Lobby 1256 Hilimnan, Jimmye S., head, Department of Agricultural Economics, TJni- versity of Arizona 1039 Hobbs, Claude E., chairman, foreign trade committee, National Electrical Manufacturers Association 3507 Hochschwender, Karl, organic chemicals group, American Importers Asso- ciation 4673, 4704 Hodgson, Richard, vice chairman, hoard of directors, Fairchild Camera & Instrument Corp 3644 Hoffman, Charles N., chairman, Consumer Products Division, Electronic Industries Association 3479 Hohenherg, Bernard L., chairman, textile and apparel group, American Importers Association 2415 Holmes, William P., Athletic Goods Manufacturers Association 3071 I-Tome, Dr. M. K., Jr., chief economist, National Cotton Council of America 2562 Horton, Hon. Frank, a Representative in Congress from the State of New York 4835 House, Bill, president, American National Cattlemen's Association 3196 Hull, Rear Adm. Harry, executive director, International Center of New England 1572 Hunt, Frederick D., foreign trade consultant, Cast Iron Soil Pipe Insthut-e 2234 Imported Hardwood Products Association, Myron Solt-er, counsel 4428 Independent Oil & Gas Producers of California, Stark Fox, executive vice President 4212, 4266 Independent Petroleum Association of America, 1-larold M. McClure, Jn, president 4212, 4266, 4293 PAGENO="0012" XII Independent Wire Drawers Association: Page Geller, Norman, director 2194, 2196 Muntwyler, F. C., president 2194 Intemann, Herman K., vice president, Union Carbide Corp 4322 International Apple Association, Fred W. Burrows, executive vice presi- dent 5007 International Basic Economic Corp., Robert Purcell, finance committee chairman 1343, 1350 International Brotherhood of Operative Potters, George Barbaree, interna- tional secretary-treasurer, and Robert Lord, vice president 3756, 3801 International Center of New England: Ashton,Prof. DavidJ., director 1572, 1573 Chesterton,A. Devereaux, director 1572, 1576 Hull, Rear Adm. Harry, executive director 1572 International Engineering & Construction Industries Council, Charles E. Golson 805 International Importers, Inc., H. William Tanaka, attorney in behalf of Paul H. Davidson, president 3634 International Leather Goods, Plastics & Novelty Workers Union, AFL- ClO, Norman Zukowsky, international president 4130 International Longshoremen's & Warehousemen's Union, Albert Lannon, Jr., Washington representative 864 International Trade Development Board: Parker, Joseph 0., chairman 960 Pringle, Vie 960 Investors League, Inc., Robert A. Gilbert, vice president 1031 Italy-American Chamber of Commerce: Bonomo, Ralph 1619, 1622 De Santis, Arthur A., executive secretary 1619 Jackson, Robert C., executive vice president, American Textile Manu- facturers Institute 2360 Javits, Hon. Jacob K., a C.S. Senator from the State of New York 3986 Johnson, Lindsay, F., Lead-Zinc Producers Committee 2279 Johnson, Reuben L., director, legislative services, National Farmers Union 786 Jones, J. Paul, Pennsylvania Grade Crude Oil Association, Bradford district, Pennsylvania Oil Producers Association, and New York State Oil Producers Association 4212, 4251 Kansas Independent Oil & Gas Association, Clinton Engstrand, president and chairman, and vice chairman, liaison committee, Cooperating Oil & Gas Association 4212, 4238 Kaplan, Richard, counsel, Division of Imports, Rubber Manufacturers As- sociation 4190 Kastenmeier, Hon. Robert W., a Representative in Congress from the State of Wisconsin 4001 Keith, Hon. Hastings, a Representative in Congress from the State of Massachusetts 3385 Kentucky, Commonwealth of, Hon. Louie B. Nunn, Governor, statement read into the record by Hon. M. Gene Snyder, a Representative in Congress from the State of Kentucky 4930 Kern, George, Meat Trade Institute of New York, and Eastern Meat Packers Association, Inc 3287 Kindleberger, Charles P., professor of economics, Massachusetts Institute of Technology 1652 Kintner, Earl W., British-American Chamber of Commerce of New York~. 1579 Kittler, J. Patrick, chairman, world trade committee, Greater Minneapolis Chamber of Commerce 1290 Kieppe, Hon. Thomas S., a Representative in Congress from the State of North Dakota 3195, 4009 Kohnstamm, H., & Co., Inc., Yale Meltzer, manager, commercial develop- ment and market research, patents, and trademarks 4628 Korzenik Sidney S., executive director and counsel, National Knitted Outerwear Association 2577 Kyros, Hon. Peter N., a Representative 4in Congress from the State of Maine 3990 Laird, Hon. Melvin R., a Representative in Congress from the State of Wisconsin 886 Lakeway Chemicals, Inc., Normand Phaneuf, president 4642 PAGENO="0013" XIII Page Langdon, Jim C., chairman, Railroad Commission of Texas 4285 Langen, Hon. Odin, a Representative in Congress from the State of Min- nesota 4943 Lannon, Albert, Jr., Washington representative, International Longshore- men's & Warehousemen's Union 864 Latta, Hon. Delbert L., a Representative in Congress from the State of Ohio 3999 Lead-Zinc Producers Committee, Lindsay F. Johnson 2279 League of Women Voters of the United States, Mrs. David G. Bradley, foreign policy chairman 982 LeBlond, R. K., Machine Tool Co., Daniel W. LeBlond, president~ 2845, 2969 Levine, Gerald B., director and member, U.S. trade policy committee, California Council fqr International Trade 1280 Liberty Lobby, W. B., Hicks, Jr., executive secretary 1256 Lipkowitz, Edward, chairman, imported footwear group, American Im- porters Association 4155, 4174 Lloyd, Hon. Sherman P., a Representative in Congress from the State of Utah 902 Lobred, Leonard K., director, International Trade Division, National Canners Association 1009 Lodwick, Seeley G., vice president, American Soybean Association 950 Long, Hon. Clarence D., a Representative in Congress from the State of Maryland 4927 Long, Hon. Speedy 0., a Representative in Congress from the State of Louisiana - 3189 Lord, Robert, vice president, and George Barbaree, international secretary- treasurer, International Brotherhood of Operative Potters 3756, 3801 Lovre, Harold 0., in behalf of domestic mink ranchers 4012 Lowe, Bertram, chairman, customs committee, American Watch Associa- tion 3705 Lundquist, James H., counsel, Meat Importers' Council, Inc 3212 Lynn, John C., legislative director, American Farm Bureau Federation~ 1215 McCauley, Alfred R., special counsel, Division on International Trade Matters, Electronic Industries Association 3479 McClure, Harold M., Jr., president, Independent Petroleum Association of America 4212, 4266, 4293 McClure, Hon. James A., a Representative in Congress from the State of Idaho 1339 McDonnell Douglas Corp., Donald W. Douglas, Jr., vice president 2783 MoEwen, Hon. Robert C., a Representative in Congress from the State of New York 3991 McVay, M.D., chairman, Government Relations Committee, National Soybean Processors Association 1234 Mack, James K., counsel, National Confectioners Association of the United States 3470 Magdanz, Don F., executive secretary, National Livestock Feeders Association 3266 Mahon, Hon. George H., a Representative in Congress from the State of Texas 4279 Manmade Fiber Producers Association, E. Fontaine Broun, president - - - 2464 Manufacturing Chemists Association, Carl Gerstacker, chairman of the board 4483, 4484 Mara, John E., president, Boot & Shoemakers Union, and George 0. Fccteau, general president, United Shoeworkers of America, AFL-CIO 4102 Marsh, Edwin E., executive secretary, National Wool Growers Association 3288 Marsh, Hon. John 0., Jr., a Representative in Congress from the State of Virginia 881, 959 Marshall, James J., president, American Aniline Products, Inc., and in behalf of ad hoc committee of U.S. Dyestuff Producers 4724 Martin, Hon. Dave, a Representative in Congress from the State of Nebraska 3180, 4834 Masaoka, Mike M., Washington representative, Association on Japanese Textile Imports, Inc 2490 Massachusetts Committee for the Preservation of the Groundfish In- dustry, Howard W. Nickerson, chairman-coordinator 3420 PAGENO="0014" XIV Matsunaga, Hon. Spark M., a Representative in Congress from the State Page of I-Iawaii 2352, 3183, 4290 May, Otto B., Inc., Ernest M. May 4616 Meat Importers' Council, Inc., James 1-I. Lundquist, counsel 3212 Meat Trade institute of New York, and Eastern Meat Packers Associa- tion, Inc., George Kern 3287 Meltzer, Y ale, manager, commercial development and market research, patents and trademarks, H. Kohnstamm & Co., Inc 4628 Meyer, A., Jr., president, Tanners' Council of America, Inc 4064, 4079 Miller, Henry E., National Retail Merchants Association 802 Minshall, Hon. William E., a Representative in Congress from the State of Ohio 1834 Minster Canning Co., Luke F. Beckman, president 5036 Mitchell, John M., Aluminum Association 3343 Monagan, Hon. John S., a Representative in Congress from the State of Connecticut 891 Monsanto Co., John Gillis, vice president, and member board of directors - 4618 Montgomery, Hon. G. V. (Sonny), a Representative in Congress from the State of Mississippi 4844 Moody, Joseph E., president., National Coal Policy Conference, Inc 4810 Morris, Hon. Thomas G., a Representative in Congress from the State of New Mexico 899 Moss, Hon. Frank E., a Representative in Congress from the State of Utah 4000 Mundt, John C., vice chairman, Cement Industry Antidumping Com- mittee 1369 Muntwyler, F. C., p~esidcnt, Independent Wire Drawers Association - - - 2194 Muskie, Hon. Edmund S., a TJ.S. Senator from the State of Maine 3868 Nash, Frederick C., world affairs committee, Greater Detroit Board of Commerce 1260 Nation-Wide Committee on import-Export Policy, 0. R. Strackbein, chairman 905 National Association of Wool Manufacturers, Morton H. 1)arman, chair- man of the board 2376 Natioiial Board of Fur Farm Organizations, David W. henderson, execu- tive secretary 4012, 4019 National Cam~ers Association, Leonard K. Lobred, director, international trade division 1009 National Coal Policy Conference, Inc., Joseph E. Moody, president 4810 National Committee on International Trade Documentation, Charles H. Beard, chairman of the hoard 1015 National Confectioners Association of the United States: Mack, James K., counsel 3470 Sifers, Burr, chairman, board of directors 3470 National Cotton Council of America: Davis, Roy B., president 2562 Home, Dr. M. K., Jr., chief economist 2562 Sayre, Dr. Charles R 2562 National Customs Brokers & Forwarders Association of America, Inc., John G. Eherleiu, chairman, Drawback Committee 1021 National Electrical Manufacturers Association, Claude E. Hobbs, chair- man, Foreign Trade Committee 3507 National Farmers Union, Reuben L. Johnson, director, legislative services 786 National Fish Meal & Oil Association, J. Steele Culbertson, director 3429 National Footwear Manufacturers Association: Goldstein, Alan, chairman, National Affairs Committee 4064 Shannon, Thomas F., counsel 4064 National Foreign Trade Council, Inc., Robert M. Norris, president 1495 National Grange: Graham, lIarry L., legislative representative 756 Newsorn, Herschel D., master 756 National Knitted Outerwear Association, Sidney S. Korzenik, executive director and counsel 2577 National Livestock Feeders Association, Don F. Magdanz, executive secretary 3266 National i('iachine Tool Builders Association, Philip 0. Geier, Jr 2845 National Milk Producers Federation, Otie M. Reed 4845 PAGENO="0015" xv Page National Retail Merchants Association, Henry E. Miller 802 National Shoehoard Conference, Inc., Robert P. Fuller, chairmnn, Gov- ernment Affnirs Committee 4124 National Soybean Processors Association, M. D. McVay, chairman, Coy- eminent Relations Committee 1234 National Wool Growers Association: Darman, Morton H 2376 Marsh, Edwin E., executive secretary 3288 Nelsen, Hon. Ancher, a Representative in Congress from the State of Minnesota 4003, 4823 Netherlands Chamber of Commerce in the United States, Inc., Henry J. Clay 1589 Neu, Hugo, chairman, Scrap Industry Trade Policy Council 2202 New England Fuel Institute, Robert DeBlois 4302 New York Chamber of Commerce, H. W. Balgooyen 1271 New York State Oil Producers Association, Bradford district, Pennsyl- vania Oil Producers Association, and Pennsylvania Grade Crude Oil Association, J. Paul Jones 4212, 4251 Newsom, Herschel D., mnster, National Grange 756 Nickerson, Howard W., chairman-coordinator, Massachusetts Committee for the Preservation of the Groundfish Industry 3420 Norris, Robert M., president, National Foreign Trade Council, Inc 1495 Northern Textile Association, Fulton Rindge, Jr., chairman 2379 Northwest Canners & Freezers Association, Oregon Strawberry Council, and California Strawberry Advisory Board, Robert E. Ward 3743 Northwest Independent Steel Mills, Robert L. Phelps, in behalf of 2118 Nowinski, Jeiry, chairman, Cleveland Greenhouse Growers Cooperative Association__ 5027 Nunn, lion. Louie B., Governor of the Commonwealth of Kentucky, state- ment read into the record by Hon. M. Gene Snyder, a Representative in Congress from the State of Kentucky 4930 O'Brien, Gerald, executive vice president, American Importers Association_ 829 O'Hara, Clifford, director, port commerce, Port of New York Authority_ 873 Orban, Kurt, president, American Institute for Imported Steel, Inc 2088 Oregon Strawberry Council, Northwest Canners & Freezers Association, and California Strawberry Advisory Board, Robert E. Ward 3743 Owen, Stephen F., Jr., counsel, American Producers of Italian-Type Cheeses Association, and Stella cheese division, Universal Foods Corp 4866 Paidar, Emil J., Co., John Diouhy, executive vice president 3136 Palmby, Clarence, executive vice president, U.S. Feed Grains Council~__ 795 Palmer, John D., president, Tobacco Associates, Inc 1425 Panhandle Producers & Royalty Owners Association, Don Watson, president 4212, 4248 Parker, Joseph 0., chairman, International Trade Development Board. - - 960 Patterson, G. K., California Olive Growers & Canners Industry Committee 4991 Patton, Thomas F., American Iron & Steel Institute 1845 Pelly, Hon. Thomas M., a Representative in Congress from the State of Washington 3381 Pennsylvania Grade Crude Oil Association, Bradford district, Pennsylva- nia Oil Producers Association, and New York State Oil Producers Association, J. Paul Jones 4212, 4251 Pennsylvania Oil Producers Association, Bradford district, Pennsylvania Grade Crude Oil Association, and New York State Oil Producers Association, J. Paul Jones 4212, 4251 Pepper, Hon. Claude, a Representative in Congress from the State of Fiorida 4822 Perry, J. Wiley, Jr., chairman, import study committee, Cast Iron Soil Pipe Institute 2234 Perry Products Co., Lawrence D. Epstein, vice president 2243 Peters, John S., manager, membership and industry relations division, Florida Fruit & Vegetable Associatiom 4951, 4966 Petersen, Howard C., vice chairman, international economic studies, research and policy committee, Committee for Economic Development.. 1225 Pettis, Hon. Jerry L., a Representative in Congress from the State of California 1840 PAGENO="0016" xv' Page Pfister Chemical, Inc., Charles W. French, vice president 4648 Phaneuf, Normand, president, Lakeway Chemicals, Inc 4642 Phelps, Robert L., in behalf of Northwest Independent Steel Mills 2118 Philbin, Hon. Philip J., a Representative in Congress from the State of Massachusetts 2349 Phillips, Lawrence S., American Apparel Manufacturers Association 2538 Pin, Clip & Fastener Association, Myron Solter, safety pin and straight pin division 2774 Pogeler, Glenn H., president, Soybean Council of America, Inc 1411 Polanco-Abreu, Hon. Santiago, Resident Commissioner, Puerto Rico 4941 Port of New York Authority, Clifford O'Hara, director, port commerce - - 873 Price, Hon. Bob, a Representative in Congress from the State of Texas - - 4202 Pringle, Vie, International Trade Development Board 960 Purcell, Hon. Graham, a Representative in Congress from the State of Texas 4201 Purcell, Robert, finance committee chairman, International Basic Eco- nomic Corp 1343, 1350 Puerto Rico, Hon. Santiago Polanco-Abreu, Resident Commissioner 4941 Puerto Rico Economic Development Administration, Sergio Camero, administrator - 4348 Quie, Hon. Albert H., a Representative in Congress from the State of Minnesota 4822 Quillen, Hon. James H., a Representative in Congress from the State of Tennessee 1336 Quimby, John, past director, West Coast Metal Importers Association__ 2228 Railroad Commission of Texas, Jim C. Langdon, chairman 4285 Randolph, Chet, executive vice president, American Soybean Association 950 Rauth, Louis F., Flavor Pict Cooperative 5023 Raytheon Co., Charles F. Adams, chairman of the board 3640 Reed, Otie M., National Milk Producers Federation 4845 Reifel, Hon. Ben, a Representative in Congress from the State of South Dakota 4005 Reiser, Ralph, international president, United Glass & Ceramic Workers of North America 3756, 3767 Rhode Island Textile Association, Fulton Rindge, Jr 2379 Rhodes, Hon. John J., a Representative in Congress from the State of Arizona 4821 Richman, Gilbert C., button division, Society of the Plastics Industry, Inc 3131 Rindge, Fulton, Jr., chairman, Northern Textile Association, and in behalf of Rhode Island Textile Association 2379 Rivers, Hon. L. Mendel, a Representative in Congress from the State of South Carolina 4922 Robinson, Dana I., Sudbury, Mass 1297 Robison, Hon. Howard W., a Representative in Congress from the State of New York 4820 Rocky Mountain Oil & Gas Association, Robert Burch 4346 Rodino, Hon. Peter W., a Representative in Congress from the State of New Jersey 4669 Rogers, Hon. Paul G., a Representative in Congress from the State of Florida 4951 Rolled Zinc Manufacturers Association, William L. Donehower, Jr 2306 Rubber Manufacturers Association: Campbell, William C., secretary, industrial rubber products division 4190 Cooper, Mitchell J., footwear division 4148 Kaplan, Richard, counsel, division on imports 4190 Ruppe, Hon. Philip E., a Representative in Congress from the State of Michigan 1842, 4009 Rutledge, Robert W., executive vice president, Florida Citrus MutuaL - - 4981 St. Germain, Hon. Fernand J., a Representative in Congress from the State of Rhode Island 1087 St. Onge, Hon. William L., a Representative in Congress from the State of Connecticut 2353, 4842 Sadler, John H., M.D., director, Atlanta Artificial Kidney Center~.~ 1324, 1333 Santa Maria Chili, Inc., Cal-Compack Foods, Gentry Corp., and Uni- versal Foods Corp., W. Ed Crane, in behalf of 5001 PAGENO="0017" XVII Page Savona, Vincent, and Edward H. Selonick, American Retail Federation - 1404, 1409 Saylor, Hon. John P., a Representative in Congress from the State of Pennsylvania 883 Sayre, Dr. Charles R., National Cotton Council of America 2562 Scandinavian Fur Agency, Inc., James R. Sharp, counsel 4050 Schadeberg, Hon. Henry C., a Representative in Congress from the State of Wisconsin 1485 Scherle, Hon. William J., a Representative in Congress from the State of Iowa 1492 Schwenger, Robert B., Kensington, Md 1678 Scrap ludustry Trade Policy Council, Hugo Neu, chairman 2202 Searis, David T., counsel, Ad Hoc Committee of Galvanized Electrical Transmission Tower Fabricators 2211 Selonick, Edward H., and Vincent Savona, American Retail Federation - 1404 Shallow, Bernard J., chairman, Anti-Friction Bearing ~\Ianufacturers Association 2974 Shannon, Thomas F., counsel, National Footwear Manufacturers Associa- tion, and Tanners Council of America, Inc 4064 Sharp, James R., counsel: llardboard Manufacturers 4447 Scandinavian Fur Agency, Inc 4050 Shell, Joseph C., executive director, California Independent Producers & Royalty Owners Association 4212, 4270 Shriver, Hon. Garner E., a Representative in Congress from the State of Kansas 4210 Sifers, Burr, chairman, board of directors, National Confectioners Associa- tion of the United States 3470 Slide Fastener Association, and Clothespin & Veneer Products Association, Richard A. Tilden 2752 Smith, David, American Association of Woolen Importers, Inc 2553 Smith, Hon. James V., a Representative in Congress from the State of Oklahoma 1313 Snyder, Hon. M. Gene, a Representative in Congress from the State of Kentucky 4843, 4930 Society of the Plastics Industry, Inc.: Christopher, William F., chairman, tariff committee 3098 Richman, Gilbert C., button division 3131 Solter, Myron, counsel: Imported Hardwood Products Association 4428 Pin, Clip & Fastener Association, safety pin and straight pin division~ 2774 Soybean Council of America, Inc., Glenn H. Pogeler, president 1411 Stainless Steel Flatware Manufacturing Association, Stuart C. Hemingway, Jr 3091 Steed, Netum A., president, Texas Independent Producers & Royalty Owners Association 4212, 4253 Steed, Hon. Tom, a Representative in Congress from the State of Oklahoma 3176 Steele, Hoyt P., chairman, commercial policy committee, U.S. Council of the International Chamber of Commerce 1002 Steiger, Hon. William A., a Representative in Congress from the State of Wisconsin 1486 Stewart, Eugene L., counsel: American Loudspeaker Manufacturers Association 3518 American Aniline Products, Inc 4724 Electronic Industries Association, parts and distributor products divisions 3518 Trade Relations Council of the United States, Inc 1109 U.S. Producers of Flat Glass 1504 Stitt, Nelson A., director, United States-Japan Trade Council 2126 Stobaugh, Robert B., Jr., organic chemicals group, American Importers Association 4673, 4675 Stone, Glass, and Clay Coordinating Committee, Howard P. Chester, executive secretary 3756 Strackbein, 0. R., chairman, Nation-Wide Committee on Import-Export Policy 905 95-159----GS-pt. 1O-2 PAGENO="0018" XVIII Stratton, I-Ton. Samuel S., a Representative in Congress from the State of Page New York 2403, 4004, 4823 Synthetic Organic Chemical Manufacturers Association: Barnard, Robert C., counsel 4483, 4312 Davies, Richard, counsultant 4483, 4590 Turchan, Thomas P., president 4483, 4504 Talcott, Hon. Burt L., a Representative in Congress from the State of California 3181 Tanaka, H. William, attorney, in behalf of Paul H. Davidson, president, International Importers, Inc 3634 Tanners' Council of America, Inc.: Glass, Irving R., executive vice president 4064, 4082 Meyer, A., Jr., president 4064, 4079 Shannon, Thomas F., counsel 4064 Taylor, Hon. Roy A., a Representative in Congress from the State of North Carolina 2350, 4826 Teague, Hon. Olin E., a Representative in Congress from the State of Texas 3174 Tennant, C., Sons & Co., Aubrey Fletcher, executive vice president 2311 Texas Independent Producers & Royalty Owners Association, Netum A. Steed, president 4212, 4253 Thomas, Victor, general vice president, United Cement, Lime & Gypsum Workers 3756, 3786 Thomson, Hon. Vernon, a Representative in Congress from the State of Wisconsin 49~~ Thorn, Prof. Richard S., Department of Economics, University of Pitts- burgh 1691 Thorpe, A. E., vice president and secretary-treasurei~, U.S. National Fruit Export Council 853 Tilden, Richard A., Clothespin & Veneer Products Association, and Slide Fastener Association 2752 Timex, the U.S. Time Corp., Edward T. Carmody, vice chairman and director 3720 Tobacco Associates, Inc., John D. Palmer, president 1423 Torrenee, Dr. Lois, American Association of University Women 869 Tower, Hon. John G., a U.S. Senator from the State of Texas 4264 Trade Relations Council of the United States, Inc.: Ashley, James M., chairman of the board 1109 Stewart, Eugene L., counsel 1109 Tranoco, Inc., Charles F. Travis, president 4455 Travis, Charles F., president, Tranoco, Inc 4455 Trigg, Eric A., president, Alcan Aluminum Corp 3370 Turchan, Thomas P., president, Synthetic Organic Chemical Manufacturers Association 4483, 4504 Tiecker, William F., Window Shade Manufacturers Association 3857 Umbrella Frame Association of America, Leonard E. Finkel, president~. 3140 Union Carbide Corp., Herman K. Intemann, vice president 4322 Universal Foods Corp., Cal-Compack Foods, Gentry Corp., and Santa Maria Chili, Inc., W. Ed Crane, in behalf of 5001 Universal Foods Corp., Stella cheese division, and American producers of Italian-Type Cheeses Association, Stephen F. Owen, Jr., counsel 4866 United Cement, Lime & Gypsum Workers, Victor Thomas, general vice president 3756, 3786 United Glass & Ceramic Workers of North America, Ralph Reiser, international president 3756, 3767 United Shoeworkers of America, AFL-CIO, George 0. Fecteau, general president, and John E. Mara, president, Boots & Shoemakers Union~. 4102 United States-Japan Trade Council, Nelson A. Stitt, director 2126 United States Potters Association, David A. Golden, customs and tariff counsel 3803 United Steelworkers of America, I. W. Able, president 1845, 1895 United Stone & Allied Products Workers of America, Hollan Cornett, executive board member 3756, 3792 U.S. Council of the International Chamber of Commerce, Hoyt P. Steele, chairman, commercial policy committee 1002 U.S. Dyestuff Producers, ad hoc committee of, James J. Marshall, in behalf of, and president, American Aniline Products, inc 4724 PAGENO="0019" XIX Page LT.S. Feed Grains Council, Clarence Paimby, executive vice president___ 795 U.S. National Fruit Export Council, A. E. Thorpe, vice president and secretary-treasurer 853 U.S. Producers of Flat Glass, Eugene L. Stewart, counsel 1504 U.S. Time Corp., Timex, Edward T. Carmody, vice chairman and director 3720 Walker, Hon. B. S. Johnny, a Representative in Congress from the State of New Mexico 1337 WTard, Robert E., Northwest Canners & Freezers Association, Oregon Strawberry Council, and California Strawberry Advisory Board 3743 Wrarner & Swasey Co., George W. Herkner, executive vice president_ 2845, 2971 Warrell, C. J., domestic bicycle tire and tube industry 3450 Watkins, Hon. G. Robert, a Representative in Congress from the State of Pennsylvania 1829 Watson, Arthur K., chairman, Emergency Committee for American Tra.de 1343 Wratson, Don, president, Panhandle Producers & Royalty Owners Asso- ciation 4212, 4248 Wedell, Gustav, chairman, business practices committee, Danish-American Trade Council, Inc 1626 West Coast Metal Importers Association, John Quimby, past director - - 2228 Westwood, Richard, president, EMBA Mink Breeders Association___ 4012 W7halley, Hon. J. Irving, a Representative in Congress from the State of Pennsylvania 4827 White, Hon. Richard C., a Representative in Congress from the State of Texas 2749. 4211 Whitener, Hon. Basil L., a Representative in Congress from the State of North Carolina 1499 Willis, Hon. Edwin E., a Representative in Congress from the State of Louisiana 4206 Wilison, R. B., Co., Inc., Robert B. Wilison, president 3462 Wilson, T. A., president, Boeing Aircraft 1343, 1347 W7ilton & Velvet Carpet and Rug Importers, Robert B. Herzstein, counseL. 2599 Window Shade Manufacturers Association, William F. FeeLer 3857 W olfson, J. Theodore, president, Business Builders International, Inc - - - 857 W' yatt, Hon. \\ endell, a Representative in Congress from the State of Oregon 1089 Wyman, Hon. Louis C., a Representative in Congress from the State of New Hampshire 2355 Zukowsky, Norman, international presiaent, International Leather Goods, Plastics & Novelty Workers Union, AFL-CIO 4130 Zablocki, Hon. Clement J., a Representative in Congress from the State of Wisconsin 1335 MATERIAL SUBMITTED FOR THE RECORD GOVERNMENT OFFICIALS Clubb, Bruce E., Commissioner, Tariff Commission, statement before the Senate Finance Committee hearings on the International Antidumping Code, June 27, 1968 1942 Freeman, Hon. Orville L., Secretary of Agriculture, Department of Agricul- ture inspection /of meat exports from foreign countries to the United States 696 Furness, Miss Betty, Special Assistant to the President for Consumer Affairs, letter dated June 10, 1968, to Chairman Mills 64 Roth, Ambassador William M., Special Representative for Trade Negotia- tions: Absolute increase in imports of principal commodities 1960-67 107 Agricultural concessions received by United States in Kennedy round- 710 Comparison of watch prices 699 Dye exports financed by AID 574 Establishment of STR and TIC 560 European tax systems (including exhibits A through E) 53 Experience to date with the 1968 investments under the mandatory investments restraint program and relationship of this program to exports 386 International Grains Arrangement, 1967 394 PAGENO="0020" xx Roth, Ambassador Wffliam M.-Continued Justification for adjustment assistance program related to increased Page imports 559 Nonrubberfootwear 701 Outline of trade policy study and supporting computer program 442 Preliminary inventories of nontariff barriers 122 Preliminary inventory of nontariff barriers affecting U.S. trade in agricultural products 123 Preliminary inventory of riontariff barriers affecting U.S. trade in industrial products 220 Inventory of alleged U.S. nontariff barriers 308 Nontariff barriers, by William B. Kelly, Jr 313 Production of ASP chemicals by one, two, or three firms 599 Progress in the elimination of foreign nontariff barriers 609 Recent changes in the use of nontariff barriers by other countries_~_ 721 Retaliatory action by United States 645 Selected industries with tariff reduction greater than the overall aver- age reduction of 35 percent 580 Selectivity of the German added value tax 115 STR consideration of the representations of interested groups 566 Table 1-Chemicals and allied products 521 Table 2-Benezenoid chemicals 522 Table 3-Intermediates 523 Table 4-Dyes and azoics 524 Table 5-Pigments 525 Table 6-Medicinals 526 Table 7-Other benzenoid products 527 Table 8-Comparison of U.S. and EEC tariff rates for large-volume benzenoid intermediates 528 Table 9-U.S. chemical exports, imports, and trade balance by prin- cipal destination and source, 1961-67 529 Table 10-Benzenoid chemical rates of duty, ad valorem equivalents, and 1964 imports 531 Table 11-Chemicals and allied products; new capital expenditures by selected industries and industry groups, 1958-67 547 Table 12-Annual plant and equipment expenditures abroad by U.S. manufacturing companies: all manufacturing and chemicals and allied products 547 Table 13-Estimates of plant and equipment expenditures by foreign affiliates of U.S. companies, by area and industry, 1965-68 547 Table 14-Chemicals and allied products: sales by American-owned enterprises abroad and exports from the United States 548 Table 15-Research and development expenditures, by industry, 1958-66 548 Table 16-Selected employment data for chemicals and allied prod- ucts, industry, intermediate coal tar products industry, and all manu- facturing industries, 1958-68 549 Table 17-Selected economic indicators for the intermediate coal-tar products industry, 1958-66 550 Table 18-Index of industrial production (1957-59 equals 100) 550 Table 19-Selected economic data: comparisons of chemicals and allied products industry with all manufacturing industries, 1958-67 551 U.S. exports, excluding military grant aid, in current and constant dollars, 1960-67 587 U.S. exports financed under the Public Law 480 and AID programs, 1960-67 575 U.S. imports and exports by major industries 100 Rusk, Hon. Dean, Secretary of State: Analysis of U.S. exports to Europe, 1957-1967 725 Allied efforts in Europe 674 Letter dated June 13, 1968, from H. G. Torbert, Jr., Acting Assistant Secretary for Congressional Relations, to Chairman Mills re plac- ing before the Federal Maritime Commission the views of the United Kingdom Government 689 PAGENO="0021" XXI Smith, Hon. Cyrus R., Secretary, Department of Commerce: Page Annual value of U.S. exports, imports, and merchandise balance 83 Commerce export promotion activities-relation to private efforts and measurement of results 380 i\'Iajor commodity increases in U.S. domestic exports from 1960 to 1967 98 Major commodity increases in U.S. imports from 1960 to 1967 97 Selected data on foreign transactions of the United States in the first quarter of 1968 available as of the middle of May 1968 88 Trends in U.S. foreign trade, 1960-67 and January-April 1968 95 U.S. balance of payments in the first quarter 1968 84 U.S. trade by end-use categories, 1960-67 93 Wirtz, Hon. W. Willard, Secretary, Department of Labor: Automotive Products Trade Act of 1965 (APTA) 554 International Labour Organisation (ILO) and working conditions___ 377 PUBLIC A. & A. Trading Co., et al., H. William Tanaka, counsel, in behalf of certain importers of electronic products, statement 3654 Adams, Charles F., chairman of the board, Raytheon Co., telegram dated July 12, 1968, to Chairman Mills 3634 Addonizio, Mayor Hugh J., Newark, N.J., statement 1473 Ad Hoc Committee of Galvanized Electrical Transmission Tower Fabri- cators: Letter dated May 31, 1967, from David T. Searls, counsel, Charles B. Gannaway, Jr., chairman, re imposition of countervailing duties on imports of Italian galvanized electrical transmission towers 2220 Letter dated July 11, 1968, from David T. Searls, counsel, to Chairman Mills, re strengthening of countervailing duty statute 2226 Judicial interpretation as to what is a bounty under countervailing duty law 2216 Adler, Kurt S., Inc., Kurt S. Adler, president, letter dated May 29, 1968, to Chairman Mills 3170 AFL-CIO, Nathaniel Goldfinger, director, department of research, addi- tional views on ad~ustment assistance provisions of the Trade Expansion Act of 1968 1107 Aircraft Locknut Manufacturers Association, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 Air Transport Association of America, statement 4414 Akin, Paul B., president, Laclede Steel Co., statement 2255 Alabama Garment i\'Ianufacturers Association, James Utsey, president, letter dated June 18, 1968, to Chairman Mills, with resolution attached and with covering letter from Hon. Bill Nichols, a Representative in Congress from the State of Alabama 2626 Alabama, State of, Hon. Albert P. Brewer, Governor, telegram dated July 8, 1968, to Chairman Mills 4362 Alaska Fishermen's Union, George Johansen, secretary-treasurer, state- ment 3444 Allen, John R., vice president, eastern region, McDonnell Douglas Corp., letter dated July 16, 1968, to Chairman Mills 2798 Allerhand, Irving W., vice president, Consolidated International Trading Corp., statement 4186 Allied Chemical Corp., Chester M. Brown, chairman of the board, state- ment 4785 All-State Welding Alloys Co., Inc., Thomas D. Nast, president, letter dated July 3, 1968, to Chairman Mills 3374 Amalgamated Clothing Workers of America, AFL-CIO, Milton Fried, director of research, and International Ladies' Garment Workers' Union, AFL-CIO, Lazare Teper, director of research, letter dated June 14, 1968, to Chairman Mills 2641 Amalgamated Meat Cutters & Butcher Workmen of North America, AFL-CIO, Abe Feinglass, international vice president, director, fur and leather department, statement 4182 American Bankers Association, Charls E. Walker, executive vice president, letter dated June 17, 1968, to Chairman Mills 1809 PAGENO="0022" XXII American Hand-Made Glassware Industry, J. Raymond Price, executive P~ge secretary of Glass Crafts of America, statement in behalf of 3819 American Hardboard Association, J. Mason Meyer, executive secretary, statement 4468 American Importers Association: O'Brien, Gerald, executive vice president, statement on US. foreign trade policy before Trade Information Committee of Office of President's Special Representative for Trade Negotiations, May 20, 1968 841 Floor covering group: Rostov, Charles I., statement 2603 Additional statement 2618 Textile and apparel group: Daniels, Michael P., counsel, report to the President on investigation No. 332-55 under section 332 of the Tariff Act of 1930 by U.S. Traiff Commission 2433 American Institute for Imported Steel, Inc.: Continuous casting; taking over 10 percent of semifinished steel pro- duction, article from 33/The Magazine of Metal Producing 2103 Deliveries of rolled steel products in countries of the European coal and steel community 2103 U.S. balance of trade-Steelmaking raw material, 1967 2102 American-International Charolais Association, J. Scott Henderson, execu- tive secretary, letter dated June 5, 1968, to Chairman Mills 3332 American Iron & Steel Institute, Thomas F. Patton: Discussions of steel imports with OEP-response to questions by Congressman Curtis 1917 Steel and the National Security, April 1968 1857 Steel import controls of other countries-response to question by Congressman Schneeheli 1910 "Uniqueness" of steel-response to question by Congressman Ullman 1908 American Koyo Corp., J. B. Gray, corporate services manager, letter dated July 9, 1968, to Chairman Mills 2268 American Loudspeaker Manufacturers Association, Eugene L. Stewart, counsel, letter dated July 3, 1968, to lIon. Jackson E. Betts, a Repre.- sentative in Congress from the State of Ohio, re Far East comparative wages 3630 American Metal Importers Association, Inc., Aubrey L. Moss, president, letter dated July 1, 1968, to Committee on Ways and I\'Ieans 3377 American Mining Congress, J. Allen Overton, J1~., executive vice president, letter dated May 29, 1968, to Chairman Mills, with attachments 1946 Declaration of Policy-1967-68 1947 Summary of issues discussed in AMC staff study 1948 Staff study and comparative analysis by the AMC of the International Antidumping Code 1949 American Mushroom Institute, Ronald B. Hunte, executive director, letter dated June 26, 1968, to Chairman Mills 5088 American National Cattlemen's Association, C. W. McMillan, executive vice president, letter dated July 9, 1968, to Chairman Mills, re explana- tion of the proposed amendments to the Meat Import Act of 1964 3211 American Newspaper Publishers Association, Stanford Smith, general manager, statement 4465 American Paper Institute, Inc., Edwin A. Locke, Jr., president, statement- - 4460 American Pipe Fittings Association, T. William C. Smith, president, letter dated June 20, 1968, to Chairman Mills 2259 American Scotch Highland Breeders' Association, Margaret Manke, secretary, letter dated June 29, 1968, to Chairman Mills 3331 American Sprocket Chain Manufacturers Association, J. E. Cooper, presi- dent, R. E. Lambert, chairman, Committee on Government Relations, and L. E. Stybr, executive director, statement 3039 American Textile Manufacturers Institute, Frederick B. Dent, president, letter dated July 9, 1968, to Hon. Thomas B. Curtis, a Representative in Congress from the State of Missouri, re statement of position on H. R. 17551 238S Amperex Electronic Corp., Frank L. Randall, Jr., president, statement 3505 Anderson, M. Allen, president, Premier Santa Gertrudis Association, resolution, dated May 26, 1968, with covering letter from Hon. Roman L. Hruska, a U.S. Senator from the State of Nebraska 3333 PAGENO="0023" XXIII Angevine, Erma, executive director, Consumer Federation of America, Page letter dated July 12, 1968, to Chairman Mills 1739 Arizona Cattle Feeders' Association, D. C. Entz, chairman, board of directors, statement 3306 Arizona Cattle Growers' Association, statement 3306 Armco Steel Corp., C. William Verity, Jr., president, statement 2253 Ashland Oil & Refining Co.: Atkins, Orin E., president, letter dated July 5, 1968, to Chairman Mills 4397 Whealy, Roland A., vice president, statement 4393 Atkins, Orin E., president, Ashland Oil & Refining Co., letter dated July 5, 1968, to Chairman Mills 4397 Australian Meat Board, W. W. Stenning, North American representative, statement, with forwarding letter from the State Department 3301 Australian Mining Industry Council, statement, with forwarding letter from Department of State 2322 Australian Wool Tops Exporters, statement, with forwarding letter from Department of State 2734 Automobile Manufacturers Association, statement 1759 Baldanzi, George, international president, TJnited Textile Workers of America, AFL-CIO, statement 2628 Barsy, Solbert J., Chicago, Ill., letter dated July 8, 1968, to Chairman Mills_ 2274 Bartel, Andrew, president, Great Lakes Mink Association, statement - - - 4017 Bass, V. J., vice president, J. E. Barnard & Co., Inc., letter dated June 27, 1968, to Chairman Mills 1806 Battenfeld Grease & Oil Corp. of New York, G. MT. Miller, chairman of the board, statement, with forwarding letter from Hon. Ilenry P. Smith III, a Representative in Congress from the State of New York 4422 Battin, Hon. James F., a Representative in Congress from the State of Montana: Economic "abyss" seen by Martin; Reserve chief asks rise in taxes and spending cut, article from June 12, 1968, New York Times 989 U.S. trade surplus goal unattainable, official says, article from June 6, 1968, Wall Street Journal 98S Bauer, Richard J., president, Independent Zinc Alloycrs Association, statement 2304 Baughman, Harry MT., Jr., national president, Window Glass Cutters League of America, statement 3824 Beeghly, Charles M., Jones & Laughlin Steel Corp., telegram dated June 20, 1968, to Chairman Mills 1926 Bell, David H., president, Ohio Oi4 & Gas Association, letter dated May 27, 1968, to Committee on Ways and Means 4392 Belridge Oil Co., H. W. Trueblood, president, statement 4269 Bendix Corp., Michael Blumenthal, president, Bendix International, telegram dated July 12, 1968, to Chairman Mills 3632 Bendix International, W. Michael Blumenthal, president, industry repre- sentations during Kennedy round 1251 Bennett, William E., president, Kentuckiana WTorld Commerce Council, Inc., letter dated June 25, 1968, to Chairman Mills, with resolution attached 1775 Bernard, J. E., & Co., Inc., V. J. Bass, vice president, letter dated June 27, 1968, to Chairman Mills 1806 Beskind, Claire, president, League of Women Voters of the Princeton Com- munity (N.J.), letter dated June 20, 1968, to Chairman Mills 997 Bethlehem Steel Corp., Edmund F. Martin, chairman, letter dated June 17, 1968, to Chairman Mills 1926 Black & Decker Manufacturing Co., Alonzo G. Decker, Jr., chairman of the board and president, letter dated June 20, 1968, to Chairman Mills 2268 Blake, Grant, president, Idaho Beekeepers Association, Inc., statement~ 3469 Blincoe, Richard D., president, Idaho Cattle Feeders Association, Inc., statement 3316 Blood, Mrs. Lawrence, president, League of Women Voters of Reading (Mass.), letter dated June 25, 1968, to Chairman Mills 994 Blumenthal, Harry & Sons, Inc., Harry Blumenthal, president, letter dated July 8, 1968, to Chairman Mills 3378 Blumenthal, W. Michael, president, Bendix International: Industry representations during Kennedy round 1251 Telegram dated July 12, 1968, to Chairman Mills 3632 PAGENO="0024" XXIV Page B'nai B'rith, Dr. William A. Wexier, president, statement 1028 Bommarito, Peter, president, United Rubber, Cork, Linoleum, & Plastic Workers of America, AFL-CIO, statement 4180 Bourbon Institute, Vice Adm. William J. Marshall, USN (retired), president 2799 Branch, C. B., executive vice president, Dow Chemical Co., statement_ - - - 4793 Brewer, Hon. Albert P., Governor of the State of Alabama, telegram dated July 8, 1968, to Chairman Mills 4362 Bright Wire Goods Manufacturers Service Bureau, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 Brook, John G., chairman, Lear Siegler, Inc., telegram dated July 12, 1968, to Chairman 1'vlills 3633 Brown, Chester M., chairman of the board, Allied Chemical Corp., state- ment 4785 Brown, Hon. Clarence J., Jr., a Representative in Congress from the State of Ohio, statement 3300, 4887 Brown, L. G., president, Precision Drawn Steel Co., letter dated June 4, 1968, to Chairman Mills, with attachement 2273 Buckner, Emil H., secretary-treasurer, United States Extrusions Corp., letter dated June 27, 1968, to Chairman Mills 3377 Bucy, J. Fred, group vice president, Texas Instruments Inc., telegram dated July 11, 1968, to Chairman Mills 3634 Bullen, George S., legislative director, National Federation of Independent Business, statement 1730 Burke, Hon. James A., a Representative in Congress from the State of Massachusetts: Importation of footwear from foreign countries, material relating to 727 Strawberries, statistical tables and comments 3749 Burns, Hon. John A., Governor of the State of Hawaii, statement 2353 Business Builders International, Inc., J. Theodore Wolfson, president, article from Wall Street Journal entitled "Steel Firms' Profits Are Expected To Spurt as Outlays Begin To Pay Off, Analysts Say" 859 Byrne, George P., Jr., secretary and legal counsel: Service Tools Institute, statement 3046 U.S. Cap Screw Service Bureau, U.S. Wood Screw Bureau, U.S. Machine Screw Service Bureau, Tapping Screw Service Bureau, Socket Screw Products Bureau, Tubular and Split Rivet Council, Aircraft Locknut Manufacturers Association, and Bright Wire Goods Manufacturers Service Bureau, statement 3027 Caggiano, G. Robert, director, Bureau of International Trade, Department of Commerce and Development, Commonwealth of Massachusetts, statement 1065 California-Arizona Citrus Industry, statement 5041 California Cattlemen's Association, Will Gill, Jr., president, statement- - 3308 California Dried Fig Advisory Board, Ron Klamm, manager, and managing director, California Fig Institute, statement 3308 California Fig Institute, Ron Klamm, managing director, and manager, California Dried Fig Advisory Board, statement 3308 Campbell, Dr. Persia, National Consumers League, statement 870 Campbell, R. A., chairman, liaison committee, Cooperating Oil and Gas Association, statement 4238 Candle Manufacturers Association, H. R. Parker, secretary, letter dated June 25, 1968, to Chairman Mills--_ 3170 Canned Meat Importers Association, Ronald Wright, president, statement 3338 Carlip, Mrs. Alfred B., chairman, foreign policy committee League of Women Voters of Broome County (N. Y.), letter dated June 28, 1968, to Chairman Mills 998 Carnation Co., Jule N. Kvamme, corporate department, statement 4792 Carson, Mrs. Robert M., president, League of Women Voters of Winter Park-Orlando, Fla., letter dated June 26, 1968, to Chairman Mills 992 Cast Iron Soil Pipe Institute, Frederick D. Hunt, foreign trade consultant, letter dated July 22, 1968, to Representative Curtis, re authority in negotiating International Antidumping Code 2241 PAGENO="0025" xxv Cement Industry Antidumping Committee, John C. Mundt, vice chair- man: Memorandum on the legal authority of the executive branch to Page negotiate the International Antidumping Code 1388 Supplementary statement 1384 Certified Livestock Markets Association, C. T. "Tad" Sanders, general manager, letter dated July 3, 1968, to Chairman Mills 3332 Chamber of Commerce of the New Orleans area, Murray C. Fincher, president, letter to Chairman Mills, with statement attache& 1785 Chernoff, Mrs. Max, president, League of Women Voters of Great Neck, N.Y., letter dated June 21, 1968, to Chairman Mills 998 Citizens State Bank & Trust Co., Wayne R. Starr, president, letter dated June20, 1968, to Chairman Mills 1824 Citronbaum, Jack, executive vice president, Luggage & Leather Goods Manufacturers of America, Inc., statement 4131 Clay, Henry J., Netherlands Chamber of Commerce in the United States, Inc., letter dated June 25, to Hon. John W. Byrnes, re quantitative restrictions 1594 Clothing Manufacturers' Federation of Great Britain, and the Shirt, Collar & Tie Manufacturers' Federation, statement, with forwarding letter from the Department of State 2736 Committee of Producers of Ferroalloys and Related Products, Ronald L. Cunningham, letter dated July 12, 1968, from Lloyd Symington, counsel, to Chairman Mills, re questions addressed by Congressman Curtis~ -- 2191 Conneaut, Ohio, city of, Arvo E. Sundberg, statement 2248 Conner, Commissioner Doyle, Florida Department of Agriculture, state- ment 5069 Conrad, A. B., secretary-manager, West Mexico Vegetable Distributors Association, statement, with forwarding letter from Hon. Morris K. Udall, a Representative in Congress from the State of Arizona 5088 Consolidated International Trading Corp., Irving `W. Allerhand, vice president, statement 4186 Consumer Federation of America, Erma Angevine, executive director, let- ter dated July 12, 1968, to Chairman Mills 1739 Continental Oil Co., statement 4398 Continental Baking Co., George R. Vail, vice president and director, and president, Morton Frozen Foods Division, statement 3342 Cooper, J. F., president, R. F. Lambert, chairman, Committee on Govern- ment relations, and L. F. Stybr, executive director, American Sprocket Chain Manufacturers Association, statement 3039 Cooperating Oil & Gas Association, R. A. Campbell, chairman liaison committee, statement 4238 Coors Porcelain Co., Clinton M. Hester, attorney, statement 3827 Copper & Brass Fabricators Council, Inc. ,Y. F. Veltfort, managing director, letter dated June 19, 1968, to Chairman Mills, with statement attached~_ 2325 Cordage Institute, Merle S. Robie, chairman, executive committee, state- ment 2372 Corn RefinersAssociation, Inc., Robert C. Liebenow, president, statement_ 5093 Courtright, C. A., president, Washington Cattle Feeders Association, letter dated June 5, 1968, to Chairman Mills 3329 Coyne, Robert W., president, Distilled Spirits Institute, Inc., statement - 2811 Crawford, G. R., executive vice president, Smithfield Packing Co., Inc., letter dated June 10, 1968, to John M. Martin, Jr., chief counsel, Com- mittee on Ways and Means 3343 Crompton & Knowles, Corp., James W. L. Monkman, vice president, statement 4798 Culbertson, W. 0., Jr., president, New Mexico Cattle Growers' Association, statement 3322 Cunningham, Ronald L., Committee of Producers of Ferro-alloys & Related Products, letter dated July 12, 1968, from Lloyd Symington, counsel, to Chairman Mills, re questions addressed by Congressman Curtis 2191 Curl, William W., president, Texas Citrus Mutual, statement 5083 Curtis, Thomas B., a Representative in Congress from the State of Mis- souri: Memorandum to the American Iron & Steel Institute and their reply-Indirect imports and exports 1921 Memorandum to the Emergency Committee for American Trade and their reply-Problems of measuring steel export-import trade 1364 PAGENO="0026" XXVI Daniel, Mrs. T. Emory, president, League of Women Voters of Dc Kaib Page County (Ga.), letter dated July 8, 1968, to Chairman Mills 992 Daniels, Michael P., counsel: American Importers Association, textile and apparel group, report to the President on investigation No. 332-55 under section 332 of the Tariff Act of 1930 by U.S. Tariff Commission 2433 Japan Chemical Fibers Association, statement with forwarding letter from Department of State 2728 Japanese Chamber of Commerce, woolens division, statement 2743 Swiss Union of Commerce and Industry, statement, with covering letter from State Department 4771 Danish American Trade Council, Inc., Finish American Chamber of Com- merce, Inc., Norwegian-American Chamber of Commerce, Inc., and Swedish Chamber of Commerce of the United States, Inc., statement_ - - 177.5 Davis, Warren B. director, planning and economics, Gulf Oil Corp., state- ment 4401 Davis WTire Corp., James L. Walker, president, letter dated July 9, 1968, to Chairman Mills, with attachments 2269 Decker, Alonzo G., Jr., chairman of the board and president, Black & Decker Manufacturing Co., letter dated June 20, 1968, to Chairman Mills 2268 Del Signore, M., president, et al., Local Union No. 14256, District 50, United Mine Workers of America, letter dated July 5, 1968, to John i\'I. Martin, J~, chief counsel, Committee on Ways and Means 4808 Demeter, Mrs. James, KoIb-Lena Cheese Co., letter dated May 23, 1968, to Chairman Mills 4901 Dent, Frederick B., president, American Textile Manufacturers Institute, letter dated July 9, 1968, to Hon. Thomas B. Curtis, a Representative in Congress from the State of Missouri, re statement of position on H.R. 17551 2388 Dent, Hon. John, a Representative in Congress from the State of Pennsyl- vania, nontariff trade barrier inventory by country 3878 Derby, Roland E., Jr., president, Nyanza, Inc., letter dated June 17, 1968, to Chairman Mills 4802 De Santis, Arthur A., executive secretary, Italy-American Chamber of Commerce, letter dated June 20, 1968, to Chairman Mills, re oil exports to Italy 1625 Detmers, Mrs. Bruce, president, League of Women Voters of Hamden (Conn.), letter dated June 24, 1968, to Chairman Mills 991 Deuschle, B. C., president, Shears, Scissors, and Manicure Implement Manufacturers Association, statement 3063 Distilled Spirits Institute, Inc., Robert W. Coyne, president, statement~. 2811 Diversified Wire & Steel Corp., David P. Piering, president, telegram, dated June 14, 1968, to Chairman Mills 2202 Docking, Hon. Robert B., Governor, State of Kansas, statement 4363 Doherty, Mrs. George, president, League of Women Voters of Anderson (md.), letter dated July 12, 1968, to Chairman Mills 993 Dole, Hon. Bob, a Representative in Congress from the State of Kansas, statement 4365, 4888 Domestic Litharge Industry, statement 2301 Dorn, Hon. William Jennings Bryan, a Representative in Congress from the State of South Carolina: Additional statement 2412 Joint statement of over 100 Members of the House presented by Mr. Dora, secretary, informal House Textile Committee Group 2414 Dow Chemical Co., C. B. Branch, executive vice president, statement~ 4793 Dray, Margaret B., economist, Chicago, Ill., letter dated May 19, 1968, to Ways and Means Committee 2275 Dryer, Edwin Jason, counsel, Independent Refiners Association of America, statement 4373 Duncan, Hon. John J., a Representative in Congress from the State of Tennessee, letter dated June 13, 1968, to Chairman Mills 4890 Dunn, Stephen F., president, National Coal Association, statement 4423 Eberlein, John G., chairman, drawback committee, National Customs Brokers & Forwarders Association of America, Inc., pamphlet entitled "What Is Customs Drawback?" 1024 PAGENO="0027" XXVII Edelman, L., vice president, Gafco, Inc., letter dated July 15, 1968, to Page Chairman Mills 4062 Edgerton, William B., Friends Committee on National Legislation, statement 1807 Electronic Industries Association: Jaumot, F. E., Jr., chairman, semi-conductor division, letter dated July 10, 1968, to Chairman Mills 3507 McCauley, Alfred R., special counsel to consumer products division, letter dated June 27, 1968, to John M. Martin, Esq., chief counsel, Committee on Ways and Means, forwarding memorandum of the Magnavox Co. on color television pricture tubes 3496 Moore, William H., staff vice president, Government products division, letter dated July 12, 1968, to Chairman Mills 3507 Stewart, Eugene L., counsel, letter dated July 3, 1968, to 1-Ion. Jackson E. Betts, a Representative in Congress from the State of Ohio, re Far East comparative wages 3630 Ellis, Don A., treasurer, Tektronix, Inc., statement 3704 EBMA Mink Breeders Association: Westwrood, Richard E., president, statement 4014 Wittig, Harley, past president, statement 4013 Emergency Committee for American Trade: A critique of the Trade Relations Council's analysis of certain 1958/ 60-1964 declines in employment 1352 Memorandum from Representative Thomas B. Curtis of Missouri, and reply thereto-Prohlems of measuring steel export-import trade 1364 Entz, D. C., chairman, board of directors, Arizona Cattle Feeders' Asso- ciation, statement 3306 Erie Technical Products, Inc., George P. Fryling, president, telegram dated July 11, 1968, to Chairman 1\'Iills 3633 Evans, Hon. Daniel J., Governor of the State of Washington, letter dated June 7, 1968, to Chairman Mills, with position paper attached 1719 Evaporated Milk Association, Fred J. Greiner, executive vice president, statement 4897 Expanded Shale, Clay & Slate Institute, the Lightweight Aggregate Pro- ducers Association, and the National Slag Association, statement -- - - 3813 Farrell Lines, Inc., statement 1791 Feighan, Hon. Michael A., a Representative in Congress from the State of Ohio, statement 2087 Feinglass, Abe, international vice president, director, Fur and Leather Department, Amalgamated Meat Cutters & Butcher Workmen of North America, AFL-CIO, statement 4182 Fezell, George I-I., president, Magnavox Consumer Electronics Co., tele- gram dated July 10, 1968, to Chairman Mills 3633 Fincher, Murray C., president, Chamber of Commerce of the New Orleans Area, letter to Chairman Mills, with statement attached 1785 Fine & Specialty Wire Manufacturers' Association, J. A. Mogle, chairman, foreign trade committee, statement 22i5 Finish American Chamber of Commerce, Inc., Danish American Trade Council, Inc., Norwegian-American Chamber of Commerce, Inc., and Swedish Chamber of Commerce of the United States, Inc., statement~ 17'e Finney, Wray, president, Oklahoma Cattlemen's Association, letter dated May 28, 1968, to Chairman Mills 332i First National City Bank, Walter B. Wriston, president, letter dated July 12, 1968, to Chairman Mills, with attachment 1810 First Washington Net Factory, Inc., Carl Koring, president, letter dated 1\'Iay 22, 1968, to John Martin, Jr., chief counsel, Committee on Ways and Means 2727 Fifth Cleveland Steels, Inc., Peter H. Garfunkel, executive vice president, letter dated May 23, 1968, to Chairman Mills 2272 Fishman, Morris, & Sons, Clinton M. Hester, attorney, statement 2747 Fitch, T. S., president, Washington Steel Corp., letter dated June 28, 1968, to Chairman Mills 1928 Fletcher, Aubrey, executive vice president, C. Tennant, Sons & Co., letter dated June 21, 1968, to Chairman Mills, re statistics on lead and zinc~ 2318 Florida Department of Agriculture, Commissioner Doyle Conner, state- mont 5069 PAGENO="0028" XXVIII Florida Fruit and Vegetable Association, J. S. Peters, manager, member- ship and industry relations, letter dated July 29, 1968, to Congressman Page Thomas B. Curtis, re domestic market for fruits and vegetables 4978 Ford, Hon. Gerald R., a Representative in Congress from the State of Michigan, letter dated May 27, 1968, to Chairman Mills, with petition re mink industry attached 4061 Foerch, Mrs. Margaret, president, League of Women Voters of Michigan, letter dated June 28, 1968, to Chairman Mills 996 Forsythe, Russell, president, and James H. Warner, secretary, Ohio Cattle Feeders Association, letter dated June 17, 1968, to Chairman Mills, with attachment 3326 Forward America, Inc., Ed Wimmer, president, radio talk 1733 Foskett, John D., president, Homeshield Industries, letter dated July 3, 1968, to Chairman Mills - 3369 Franko, Joseph J., treasurer, B. L. Lemke & Co., Inc., statement 4626 French Chamber of Commerce in the United States, Inc., Raymond J. Picard, president, statement 1773 Fried, Milton, director of research, Amalgamated Clothing Workers of America, AFL-CIO, and Lazare Teper, director of research, Interna- tional Ladies' Garment Workers' Union, AFL-CIO, letter dated June 14, 1968, to Chairman Mills 2641 Friedson, N., Meat-O-Mat, Inc., letter dated June 12, 1968, to John M. Martin, Jr., chief counsel, Ways and Means, Committee 3344 Friends Committee on National Legislation, William B. Edgerton, state- ment 1807 Frost, M. F., vice president, Texas Farm Bureau, statement 5081 Fryling, George P., president, Erie Technical Products, Inc., telegram dated July 11, 1968, to Chairman Mills 3633 Fuel Oil Council of Maryland, Jay D. Kline, president, and Independent Oil Heat Dealers Association of Maryland, John M. Myers, president, letter dated July 5, 1968, to Chairman Mills 4420 Gafco, Inc., L. Edelman, vice president, letter dated July 15, 1968, to Chairman Mills 4062 Galvanized Electrical Transmission Tower Fabricators. (See Ad Hoc Com- mittee of Galvanized, etc.) Galvin, Robert W., Motorola, Inc., telegram dated July 12, 1968, to Chairman Mills 3634 Gannaway, Charles B. (See Ad Hoc Committee of Galvanized Transmis- sion Tower Fabricators.) Garfunkel, Peter H., executive vice president, Firth Cleveland Steels, Inc., letter dated May 23, 1968, to Chairman Mills 2272 Gehi's Guernsey Farms, Inc., John P. Gehl, statement 4894 General Dynamics Corp., John J. Graham, group vice president, telegram dated July 11, 1968, to Chairman Mills 3633 General Electric Co., statement 3657 Gerst, Leon W., president, Tenneco colors division, Tenneco Chemicals, Inc., statement 4780 Gill, Will, Jr., president, California Cattlemen's Association, statement.. - 3308 Glass Crafts of America, J. Raymond Price, executive secretary, on behalf of the American Hand-Made Glassware Industry, statement 3819 Glass Workers' Protective Leagues of West Virginia, Pennsylvania, Ohio, and Indiana, Huberta M. Patterson, secretary, West Virginia League, statement 3826 Glenndenning, Howard A., president, Local Union No. 13896, District 50, United Mine Workers of America, letter dated July 3, 1968, to John Martin, Mr., chief counsel, Committee on Ways and Means 4809 Goldfinger, Nathaniel, directoi, department of research, AFL-CIO, addi- tional views on adjustment assistance provisions of the Trade Expansion Act of 1968 1107 Golson, Charles E. (See International Engineering & Construction In- dustries Council.) Gorton Corp., E. Robert Kinney, president, statement 3442 Graham, Harry L. (See National Grange.) Graham, John J., group vice president, General Dynamics Corp., telegram dated July 11, 1968, to Chairman Mills 3633 Granite City Steel Co., Nicholas P. Veeder, chairman of the board and president, statement 2254 PAGENO="0029" XXIX Page Gray, Charles M., manager, Insulation Board Institute, statement 4478 Gray, J. B., corporate services manager, American Koyo Corp., letter dated July 9, 1968, to Chairman Mills 2268 Great Lakes Mink Association, Andrew Bartel, president, statement_ - - - 4017 Greater Fort Lauderdale (Fla.) Chamber of Commerce, Marshall M. Smith, letter dated July 3, 1968, to Committee on Ways and Means 1785 Green, Ronald W., commissioner, Department of Sea and Shore Fisheries, State of Maine, statement 3445 Greenaway, E., secretary, National Association of Glove Manufacturers, letter dated May 28, 1968, to Chairman Mills, with forwarding letter from the Department of State 2742 Greiner, Fred J., executive vice president, Evaporated Milk Association, statement 4897 Grube, Mrs. Alfred, president, League of Women Voters of Sheboygan (Wis.), letter dated June 27, 1968, to Chairman Mills 1001 Guam, Territory of, Hon. Antonio B. Won Pat, Representative in Wash- ington, statement 3740 Gulf Oil Corp., Warren B. Davis, director, planning and economies, statement 4401 Haber, Fred S., president, Ocean Freight Consultants, Inc., statement 1801 Hahn, Dorothy Parshley, chairman, foreign economic policy, League of Women Voters of Falmouth (Mass.), letter dated July 1, 1968, to Chair- man Mills 994 Hall, Wilfred H., executive vice president, National Oil Jobbers Council, statement 4366 Hamilton Watch Co., Arthur B. Sinkler, chairman of the board, letter dated July 12, 1968, to Chairman Mills 3741 Hampton, Robert N., director of marketing and international trade, National Council of Farmer Cooperatives, letter dated July 12, 1968, to Chairman Mills 1735 Hansen, Hon. George V., a Representative in Congress from the State of Idaho 4060 Hansen, Mrs. Howard, president, League of Women Voters of Glen Ellyn (Ill.), letter dated June 19, 1968, to Chairman Mills 992 Hardwood Plywood Manufacturers Association, statement 4475 Harnischfeger, Walter, Milwaukee, Wis, statement 5098 Harshaw Chemical Co., R. A. Lucht, president, letter dated May 31, 1968, to Chairman Mills 4800 Hartke, Hon. Vance, a U.S. Senator from the State of Indiana, statement re International Antidumping Act 1939 Harvey, Dr. E. W., administrator, Otter Trawl Commission of Oregon, statement 3450 Hathaway, Hon. William D., a Representative in Congress from the State of Maine, statement 4010 Haughton, D. J., chairman of the board, Lockheed Aircraft Corp., telegram dated July 11, 1968, to Chairman Mills 3633 Hawaii Cattlemen's Council, Robert L. Hind, Jr., president, letters (with attachments) dated June 1, and June 14, 1968, to Hon. Patsy T. Mink, a Representative in Congress from the State of Hawaii, with covering letter 3308 Hawaii, State of, Hon. John A. Burns, Governor, statement 2353 Hawley Fuel Corp., Mark R. Joseph, vice president, letter dated June 11, 1968. to Chairman Mills 4427 Hays, George L., Mission Creek Angus Ranch, statement, and Mrs. George L. Hays, president, Idaho Cow Belles, letter dated May 22, 1968, to Hon. James A. McClure, a Representative in Congress from the State of Idaho, with covering letter 3335 Heinkel, Fred V., president, Midcontinent Farmers Association & Missouri Farmers Association, Inc. statement 1310 Henderson, J. Scat, executive secretary, American-International Charolais Association, letter dated June 5, 1968, to Chairman Mills 3332 Hester, Clinton M., attorney: Coors Porcelain Co., statement 3827 Fishman, Morris & Sons, statement 2747 Hilton-Davis Chemical Co., R. L. Marienthal, manager of chemical sales, letter dated June 21, 1968, to Committee on Ways and Means - 4801 PAGENO="0030" xxx Hind, Robert L., Jr., president, Hawaii Cattlemen's Council, Inc., letters (with attachments) dated June 1, and June 14, 1968, to Hon. Patsy T. Mink, a Representative in Congress from the State of Hawaii, with Page covering letter 3308 Horneshield Industries, John D. Foskett, president, letter dated July 3, 1968, to Chairman Mills 3369 Howard, John A., vice president and general manager, Magruder Color Co., Inc., letter dated June 24, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means 4801 Hunt, Frederick D., foreign trade consultant, Cast Iron Soil Pipe Institute, letter dated July 22, 1968, to Representative Curtis, re authority in ne- gotiating International Anti-dumping Code 2241 Hunte, Ronald B., executive director, American Mushroom Institute, letter dated June 26, 1968, to Chairman Mills 5088 Huston, Charles Lukens, Jr., president, Lukens Steel Co., letter dated June 24, 1968, to Chairman Mills 2257 Idaho Beekeepers Association, Inc., Grant Blake, president, statement. - - 3469 Idaho Cattle Feeders Association, Inc., Richard D. Blincoe, president, statement 3316 Idaho Cow Belles, Mrs. George L. Hays, president, letter dated May 22, 1968, to Hon. James A. McClure, a Representative in Congress from the State of Idaho, with covering letter 3335 Independent Oil Heat Dealers Association of Maryland, John M. Myers, president, and Fuel Oil Council of Maryland, Jay D. Kline, president, letter dated July 5, 1968, to Chairman Mills 4420 Independent Petroleum Association of America, Dan L. Jones, general counsel, letter dated July 3, 1968, to Chairman Mills, re selected data on oils' balance of payments 4276 Independent Refiners Association of America, Edwin Jason Dryer, counsel, statement 4373 Independent Zinc Alloyers Association, Richard J. Bauer, president, statement 2304 Insulation Board Institute, Charles M. Gray, manager, statement 4478 Inter-American Committee on the Alliance for Progress (ClAP), Carlos Sanz de Santamaria, chairman, statement, with covering letter from State Department to Chairman Mills 1713 International Chemical Workers Union, Walter L. Mitchell, president, statement 4804 International Economic Policy Association, statement - 1727 International Engineering & Construction Industries Council, Charles E. Golson: Article from September-October 1967 issue Worldwide P. & I. Plan- fling entitled "~Sefior, qué es una `U.S. Firm' segimn la AID?" 822 Letter dated June 17, 1968, tO Chairman Mills, re clarification of two points in the council's oral statement 828 Position paper entitled "The competitive position of United States engineering and construction firms in the international market" - - 809 International House, E. M. Rowley, president, letter dated July 10, 1968, to Chairman Mills, with resolution attached 1786 International Ladies' Garment Workers' Union, AFL-CIO, Lazare Teper, director of research, and Amalgamated Clothing Woikers of America, AFL-CIO, Milton Fried, director of research, letter dated June 14, 1968, to Chairman Mills 2641 International Trade Club of Chicago, statement 1787 International Union of Electrical, Radio & Machine Workers, AFL-CIO- CLC, Paul Jennings, president, statement 1740 Iowa Beef Producers Association, Orville Kalsem, president, statement - 3318 Italy-American Chamber of Commerce: Dc Santis, Arthur A., executive secretary, letter dated June 20, 1968, to Chairman Mills, re oil exports to Italy 162o Laraja, Edward, chairman, Dairy Products Importers Group, statement 1621 Jackson, Mrs. Robert F., president, League of Women Voters of Greater Toledo (Ohio), letter dated June 27, 1968, to Chairman Mills 999 Japan Chemical Fibres Association, Michael P. Daniels, counsel, statement with forwarding letter from Department of State 2~28 PAGENO="0031" XXXI Japanese Chamber of Commerce, Woolens Division, Michael P. Daniels, Page counsel, statement 2743 Jardox Fur Co., Arthur Rapaport, letter dated July 10, 1968, to Chairman Mills 4063 Jaumot, F. E., Jr., chairman, Semiconductor Division, Electronic Indus- tries Association, letter dated July 10, 1968, to Chairman Mills 3507 Jennings, Paul, president, International Union of Electrical, Radio, & Machine Workers, AFL-CIO--CLC, statement 1740 Johansen, George, secretary-treasurer, Alaska Fishermen's Union, state- ment 3444 Johnson, Howard, sales manager, Linen Thread Co., statement 2620 Johnson, Lindsay F. (See Lead-Zinc Producers Committee.) Johnson, Reuben L. (See National Farmers Union.) Jones, Mrs. Dewitt C., III, president, League of Women Voters of Fal- mouth (Mass.), letter dated July 1, 1968, to Chairman Mills 994 Jones & Laughlin Steel Corp., Charles M. Beeghly, telegram dated June 20, 1968, to Chairman Mills 1926 Jones, L. Dan, general counsel, Independent Petroleum Association of America, letter dated July 3, 1968, to Chairman Mills, re selected data on oils' balance of payments 4276 Joseph, Mark R., vice president, Hawley Fuel Corp., letter dated .June 11, 1968, to Chairman Mills 4427 Kalsem, Orville, president, Iowa Beef Producers Association, statement~ 3318 Karninski, Jerome, president, International Union of District 50, United Mine Workers of America, letter dated July ii, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means 4809 Kansas, State of, IFIon. Robert B. Docking, Governor, statement 4363 Katz, Lawrence R., Polan, Katz & Co., Inc., letter dated July 9, 1968, to Chairman Mills 3157 Kennedy, Edward E., research director, International Union of District 50, United Mine Workers of America, statement 1752 Kentuckiana World Commerce Council, Inc., William E. Bennett, presi- dent, letter dated June 25, 1968, to Chairman Mills, with resolution attached 1775 Kerr, Robert M., attorney, Specialty Crops Conference, statement 5049 Keystone Steel & Wire Company, Walton B. Sommer, president and chairman of the board, letter dated June 10, 1968, to Chairman Mills, with statement attached 192~ King, Hon. Cecil R., a Representative in Congress from the State of California, letter dated February 13, 1968, to John M. i\'Iartin, Jr., chief counsel, Committee on Ways and Means, re trade ties between the United States and Canada with replies of the various Federal Depart- ments 2785 Kinkead Industries Inc., E. R. Meyer letter dated July 1, 1968, to Chair- man Mills 3376 Kinney, E. Robert, president, Gorton Corp., statement 3442 Klamm, Ron, managing director, California Fig Institute, and manager, California Dried Fig Advisory Board, statement 3308 Kline, Jay D., president, Fuel Oil Council of Maryland, and Independent Oil Heat Dealers Association of Maryland, John M. Myers, president, letter dated July 5, 1968, to Chairman Mills 4420 Koring, Carl, president, First Washington Net Factory, Inc., letter dated May 22 1968 to John Martin Jr. chief counsel Committee on Ways and Means 2727 Kolb-Lena Cheese Co. Mrs. James Demeter letter dated May 23, 1968, to Chairman Mills 4901 Kummer, Mrs. Joseph, first vice president, League of Women Voters of Ann Arbor (Mich.), letter dated June 20, 1968, to Chairman Mi1s~ - - 99o Kurtin, Harold, president, National Association of Secondary Material Industries, Inc., letter dated July 10, 1968, to Chairman 1\/lills 2627 Kvamme, Jule N., corporate department, Carnation Co., statement 4792 Laclede Steel Co., Paul B. Akin, president, statement. 225.D Lambert, R. E., chairman, committee on Government relations, J. E. Cooper, president, and L. E. Stybr, executive director, American Sprock- et Chain Manufacturers Association, statement 3039 Lang, Ernest U., chief engineer, National-Standard Co., statement 1824 PAGENO="0032" XXXII Laraja, Edward, chairman, Dairy Products Importers Group, Italy- Page American Chamber of Commerce, Inc., statement 1621 Latella, John T., associate counsel, and Allan A. Rubin, vice president and counsel, U.S. Brewers Association, statement 2826 Lead-Zinc Producers Committee, Lindsay F. Johnson: Average E. & M. J. price per pound 2300 Factors preceding Presidential Proclamation No. 3257-September 22, 1958 2287 Leaf Tobacco Exporters Association, Inc., Malcolm B. Seawell, executive secretary and general counsel, statement 1429 League of Women Voters: Anderson (md.), Mrs. George Doherty, president, letter dated July 12, 1968, to Chairman Mills 993 Ann Arbor (Mich.), Mrs. Joseph Kummer, first vice president, letter dated June 20, 1968, to Chairman Mills 995 Beverly Hills (Calif.), Mrs. Bruce Rabin, president, letter dated June 18, 1968, to Chairman Mills 990 Broome County (N.Y.), Mrs. Alfred B. Carlip, chairman, foreign policy committee, letter dated June 28, 1968, to Chairman Mills... - 998 Cincinnati (Ohio), telegram dated June 1, 1968, to Chairman Mills~ 999 Columbia-Boone County (Mo.), Mrs. James W. Mackenzie, president, letter dated June 24, 1968, to Chairman Mills 997 Dc Kaib County (Ga.), Mrs. T. Emory Daniel, president, letter dated July 8, 1968, to Chairman Mills 992 Falmouth (Mass.), Dorothy Parshley Hahn, chairman, foreign eco- nomic policy, and Mrs. Dewitt C. Jones III, president, letter dated July 1, 1968, to Chairman Mills 994 Glen Ellyn (Ill.), Mrs. Howard Hansen, president, letter dated June 19, 1968, to Chairman Mills 992 Great Neck (N.Y.), Mrs. Max Chernoff, president, letter dated June 24, 1968, to Chairman Mills 998 Greater Lafayette (md.), Mrs. Ralph Webb, president, letter dated June 27, 1968, to Chairman Mills 994 Greater Toledo (Ohio), Mrs. Robert F. Jackson, president, letter dated June 27, 1968, to Chairman Mills 999 Hamden (Conn.), Mrs. Bruce Detmers, president, letter dated June 24, 1968, to Chairman Mills 991 Indiana, Mrs. Robert S. Richey, president, letter dated July 1, 1968, to Chairman Mills 993 Long Beach (Calif.), Mrs. Marvin Tincher, president, letter dated June 24, 1968, to Chairman Mills 990 Los Gatos-Saratoga (Calif.), Mrs. Harold Martin, president, letter dated June 20, 1968, to Chairman Mills 991 Metropolitan Dade County (Fla.), Mrs. Robert T. Phillips, president, letter dated June 24, 1968, to Chairman Mills 991 Michigan, Mrs. Margaret Foerch, president, letter dated June 28, 1968, to Chairman Mills 996 Midland County (Tex.), Mrs. J. R. Sheeler, president, and Mrs. W. M. Raimer, foreign policy committee, letter dated June 26, 1968, to Chairman Mills 1000 New Berlin (Wis.), Mrs. Jack Prochnow, president, letter dated June 22, 1968, to Chairman Mills 1000 New Brighton (Minn.), Mrs. Paul A. Moore, Jr., president, letter dated June 20, 1968, to Chairman Mills 996 Oklahoma, Jean Thomas, State president, letter dated June 20, 1968, to Chairman Mills 999 Princeton Community (N.J.), Claire Beskind, president, letter dated June 20, 1968, to Chairman Mills 997 Reading (Mass.), Mrs. Lawrence Blood, president, letter dated June 25, 1968, to Chairman Mills 994 Sheboygan (Wis.), Mrs. Alfred Grube, president, letter dated June 27, 1968, to Chairman Mills 1001 Williamstown (i\Iass.), Anne F. Skinner, foreign policy chairman, letter dated June 27, 1968, to Chairman Mills 995 Winter Park-Orlando (Fla.), Mrs. Robert M. Carson, president, letter dated June 26, 1968, to Chairman Mills 992 PAGENO="0033" XXXIII Lear Siegler, Inc., John G. Brook, chairman, telegram dated July 12, 1968, Page to Chairman Mills 3633 Lehoeuf, Leonard E., treasurer and general counsel, Stevens Linen Asso- ciates, Inc., statement 2726 Lemke, B. L., & Co., Inc., Joseph J. Franko, treasurer, statement 4626 Levi, Archie B., president, et al., Oil, Chemical & Atomic Workers Inter- national Union, letter dated June 27, 1968, to Chairman Mills 4764 Levy, M. Barry, counsel, Toy Manufacturers of America, Inc., statement. 3168 Lewis, Joseph H., president, local 12457, District 50, United Mine Workers of America, letter dated July 5, 1968, to J. W. Martin, Jr., chief counsel, Committee on Ways and Means 4808 Lichtblau, John H., director of research, Petroleum Industry Research Foundation, Inc., letter dated July 2, 1968, to Ways and Means Committee, with attachment 4388 Liebenow, Robert C., president, Corn Refiners Association, Inc., state- ment 5093 Lightweight Aggregate Producers Association, the Expanded Shale, Clay & Slate Institute, and the National Slag Association, statement 3813 Lindholm, Richard W., professor of finance and dean of the Graduate School of Management and Business, University of Oregon 1706 Linen Thread Co., Howard Johnson, sales manager, statement 2620 Locke, Edwin A., Jr., president, American Paper Institute, Inc., statement 4460 Lockheed Aircraft Corp., D. J. Houghton, chairman of the board, telegram dated July 11, 1968, to Chairman Mills 3633 Long Island Association of Commerce & Industry, and World Trade Club of Long Island, Fred E. Merrell, secretary, letter dated June 26, 1968, to Committee on Ways and Means, with position paper attached 1789 Louisiana, State of, Hon. John J. McKeithen, Governor, statement 4207 Loxcreen Co., J. W. Parrish, president, telegram dated July 8, 1968, to Chairman Mills 3376 Lucht, R. A., president, Harshaw Chemical Co., letter dated May 31, 1968, to Chairman Mills 4800 Luggage & Leather Goods Manufacturers of America, Inc., Jack Citron- baum, executive vice president, statement 4131 Lukens Steel Co., Charles Lukens Huston, Jr., president, letter dated June 24, 1968, to Chairman Mills~. 2257 McCauley, Alfred R., special counsel to consumer products division, Electronic Industries Association, letter dated June 27, 1968, to John M. Martin, Esq., chief counsel, Committee on Ways and Means, forwarding memorandum of the Magnavox Co. on color television picture tubes_ - - 3496 McClory, Hon. Robert, a Representative in Congress from the State of Illinois, statement 4011 McClure, Hon. James A., a Representative in Congress from the State of Idaho, letter dated June 3, 1968, to Chairman Mills, forwarding letter from Mrs. George L. Hays, president, Idaho Cow Belles, and statement from George L. Hays, Mission Creek Angus Ranch 3335 McColly, Don W., president, and Jefferson E. Peyser, general counsel, Wine Institute, statement 2803 McDonald, D. L., president, West Central Texas Oil & Gas Association, statement 4205 McDonnell Douglas Corp., John R. Allen, vice president, eastern region, letter dated July 16, 1968, to Chairman Mills 2798 McKeithen, Hon. John J., Governor, State of Louisiana, statement 4207 McMillan, C. W., executive vice president, American National Cattle- men's Association, letter dated July 9, 1968, to Chairman Mills, re explanation of the proposed amendments to the Meat Import Act of 1964 3211 Iackenzie, Mrs. James W., president, League of Women Voters of Co- lumbia-Boone County (Mo.), letter dated June 24, 1968, to Chairman Mills. acRae, John S., & Co., John S. MacRae, letter dated June 6, 1968, to Chairman Mills 2728 & R. Refractory Metals, Inc., R. S. Wood, vice president, telegram dated July 11, 1968, to Hon. Florence P. Dwyer, a Representative in Congress from the State of New Jersey, with covering letter 2347 95-1~9-~~-pt. 1O-3 PAGENO="0034" XXXIV Magnavox Co., memorandum of the, on color television picture tubes, letter dated June 27, 1968, to John M. Martin, Esq., chief counsel, Committee on Ways and Means, from Alfred R. McCauley, special counsel to consumer products division, Electronic Industries Associa- Page tion, forwarding memorandum 3496 Magnavox Consumer Electronics Co., George H. Fezell, president, tele- gram dated July 10, 1968, to Chairman Mills 3633 Magruder Color Co., Inc., John A. 1-Toward, vice president and general manager, letter dated June 24, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means 4801 Maine, State of, Department of Sea and Shore Fisheries, Ronald W. Green, commissioner, statement 3445 Manke, Margaret, secretary, American Scotch Highland Breeders' Asso- ciation, letter dated June 29, 1968, to Chairman Mills 3331 Mantle & Costume Manufacturers' Export Group of London, England, statement, with forwarding letter from Department of State 2739 Marienthal, R. L., manager of chemical sales, Hilton-Davis Chemical Co., letter dated June 21, 1968, to Committee on Ways and Means - - - 4801 Marks Specialties, Inc., Harry L. Marks, president, statement 3069 Marshall, Vice Adm. Wm. J., U.S. Navy (retired), president, Bourbon Institute, statement 2799 Martin, Edmund F., chairman, Bethlehem Steel Corp., letter dated June 17, 1968, to Chairman Mills 1926 Martin, Mrs. Harold, president, League of Women Voters of Los Gatos- Saratoga (Calif.), letter dated June 20, 1968, to Chairman Mills 991 Massachusetts, Commonwealth of: Caggiano, G. Robert, director, Bureau of International Trade, Department of Commerce and Development, statement 1065 Governor's Advisory Committee for the Shoe and Leather Industry, resolution 4063 Mathias, Hon. Charles McC., Jr., a Representative in Congress from the State of Maryland, letter dated June 20, 1968, to Chairman Mills 4889 May, Hon. R. J., secretary, Rubber and Plastics Footwear Manufacturers Association, Liverpool, England, with forwarding letter from the U.S. State Department 4174 Meat-O-Mat, Inc., N. Friedson, letter dated June 12, 1968, to John M. Martin, J~., chief counsel, Ways and Means Committee 3344 Mendocino County (Calif.) Farm Bureau, Mayme Williams, secretary, letter dated June 19, 1968, to Chairman Mills 3334 Mercker, Albert E., executive secretary, Vegetable Growers Association of America, statement 5086 Merrèll, Fred E., secretary, Long Island Association of Commerce & Industry, and World Trade Club of Long Island, letter dated June 26, 1968, to Committee on Ways and Means, with position paper attached~ 1789 Meyer, E. R., Kinkead Industries, Inc., letter dated July 1, 1968, to Chairman Mills 3376 Meyer, J. Mason, executive secretary, American Hardboard Association, statement 4468 Midcontinent Farmers Association and Missouri Farmers Association, Inc., Fred V. Heinkel, president, statement 1310 Miller, G. W., chairman of the board, Fattenfeld Grease & Oil Corp. of New York, statement, with forwarding letter from Hon. Henry P. Smith ITT, a Representative in Congress from the State of New York 4422 Miller, Henry E., National Retail Merchants Association, letter dated July 12, 1968, to John M. Martin, Jr., from John C. Ilazen, vice presi- dent-Government, re exports of textiles and textile products 805 Mink, Hon. Patsy T., a Representative in Congress from the State of Hawaii, letter dated June 20, 1968, to Chairman Mills forwarding material from the Hawaii Cattlemen's Council 3308 Miracle, Ralph, secretary, Montana Stockgrowers Association, Inc., letter dated Jun.e 5, 1968, to Chairman Mills 3320 Mission C reek Angus Ranch, George L. Hays, statement, with covering letter from Hon. James A. McClure, a Representative in Congress from the State of Idaho Missouri Farmers Association, Inc., and Midcontinent Farmers Association, Fred V. Heinkel, president 1310 PAGENO="0035" XXXV Page Mississippi Cattlemen's Association, statement 3318 Mitchell, 0. J., Jr., vice president, Union Steel Chest Corp., letter dated June 4, 1968, to Chairman Mills 2258 Mitchell, Walter L., president, International Chemical Workers Union, statement 4804 Modesto, Octavio A., general manager, Seafood Producers Association, letter dated May 31, 1968, to Chairman Mills 3443 Mogle, J. A., chairman, foreign trade committee, Fine and Specialty Wire Manufacturers' Association, statement 2275 Moiola Bros., Lawrence Moiola, partner, letter dated May 22, 1968, to Chairman Mills 3336 Monkman, James W. L., vice president, Crompton & Knowles Corp., statement 4798 Montana Stockgrowers Association, Inc., Ralph Miracle, secretary, letter dated June 5, 1968, to Chairman Mills 3326 Moore, Hon. Dan K., Governor of North Carolina, statement 2624 Moore, Mrs. Paul A., Jr., president, League of Women Voters of New Brighton (Minn.), letter dated June 20, 1968, to Chairman Mills - -- 996 Moore, Wm. H., staff vice president, Government products division, Elec- tronic Industries Association, letter dated July 12, 1968, to Chairman Mills 3507 Moran, C. C., president, Cupples Products Division, H. II. Robertson Co., telegram dated July 3, 1968, to Chairman Mills 3376 Moss, Aubrey L., president, American Metal Importers Association, Inc., letter dated July 1, 1968, to Committee on Ways and Means 3377 Motorola, Inc., Robert W. Galvin, telegram dated July 12, 1968, to Chairman Mills 3634 Mundt, John C. (See Cement Industry Antidumping Committee.) Murphy Oil Corp., C. H. Murphy, Jr., president, statement 4405 Murray, John E., Jr., vice president, Nicholson & Co., Inc., letter dated June 24, 1968, to John Ml. Martin, Jr., chief counsel, Committee on Ways and Means 5095 Myers, A. Nelson, vice president, marketing, Texas Gulf Sulphur, Co., letter dated July 9, 1968, to Chairman Mills 2348 Myers, John M., president, Independent Oil Heat Dealers Association of Maryland, and Fuel Oil Council of Maryland, Jay D. Kline, president, letter dated July 5, 1968, to Chairman Mills 4420 Nast, Thomas D., president, All-State Welding Alloys Co., Inc., letter dated July 3, 1968, to Chairman Mills 3374 Nation-Wide Committee on Import-Export Policy, 0. R. Strackbein, chairman: Cost of becoming competitive in ocean shipping 933 Countervailing duty provision, information on 919 Letter dated June 18, 1968, to Hon. Herman T. Schneebeli re U.S. treatment of imports 926 Nontariff trade barriers 929 Price of becoming competitive in steel 947 Trends in prices on commodities subject to import quotas 918 National Association of Alcoholic Beverage Importers, Inc., John F. O'Connell, president, statement 2814 National Association of Glove Manufacturers, E. Greenaway, secretary, letter dated May 28, 1968, to Chairman Mills, with forwarding letter from the Department of State 2742 National Association of Manufacturers, statement 1723 National Association of Secondary Material Industries, Inc., Harold Kurtin, president, letter dated July 10, 1968, to Chairman Miils_~. 2627 National Coal Association, Stephen F. Dunn, president, statement 4423 National Consumers League, Dr. Persia Campbell, statement 870 National Council of Farmer Cooperatives, Robert N. Hampton, director of marketing and international trade, letter dated July 12, 1968, to Chairman Mills 1735 National Council of Jewish Women, Inc., statement 1826 National Customs Brokers & Forwarders Association of America, Inc., John G. Eberlein, chairman, drawback committee, pamphlet entitled "What Is Customs Drawback?" 1024 PAGENO="0036" XXXVI National Farmers Union, Reuben L. Johnson, director, legislative services: Statement of Farmers Union adopted by delegates at the convention Page in Minneapolis 790 Statement by Reuben L. Johnson to the conference on trade policy sponsored by the coordinating council of organizations on inter- national trade policy at the Sheraton Park Hotel, Washington, D.C.. 790 National Federation of Independent Business, George S. Bullen, legislative director, statement 1730 National Footwear Manufacturers Association: Nonrubber footwear: Tariff and trade regulations (U.S. Department of Commerce, Business and Defense Services Administration) - - - - 4093 Richardson, Mark E., president, telegram dated June 13, 1968, to Hon. Dean Rusk, Secretary of State 2624 National Grange: Graham, Harry L., legislative representative, excerpt from European Economic Commission report on the economic situation of the milk and milk products sector in the Community 782 Newson, Herschel D., master, U.S. agricultural exports to the Euro- pean Economic Community: value by commodity 781 National Handbag Association, Steven J. Weiss, counsel, statement 4134 National Oil Jobbers Council, Wilfred H. Hall, executive vice president, statement 4366 National Piano Manufacturers Association, Perry S. Patterson, counsel, statement 3159 National Restaurant Association, Ira H. Nunn, counsel, statement 3337 National Retail Merchants Association, Henry E. Miller, letter dated July 12, 1968, to John M. Martin, Jr., from John C. Hazen, vice president, government, re exports of textiles and textile products 805 National Slag Association, the Expanded Shale, Clay & Slate Institute, and the Lightweight Aggregate Producers Association, statement 3813 National-Standard Co., Ernest U. Lang, chief engineer, statement 1824 Nebraska Stock Growers Association, E. H. Shoemaker, Jr., president, letter dated May 25, 1968, to Chairman Mills 3320 Netherlands Chamber of Commerce in the United States, Inc., Henry J. Clay, letter dated June 25, to Hon. John W. Byrnes, re quantitative restrictions 1594 Nevada State Cattle Association, Leslie J. Stewart, president, letter to Chairman Mills 3321 New Mexico Cattle Growers' Association, W. 0. Culbertson, Jr., president, statement 3322 New Zealand Dairy Board, statement, with forwarding letter from the State Department 4890 New Zealand Meat Producers Board, statement, with forwarding letter fromthe State Department 3304 Newark, N. J., Mayor Hugh J. Addonizio, statement 1473 Newsom, Herschel D. (See National Grange.) Nicholson & Co., Inc., John E. Murray, Jr., vice president, letter dated June 24, 1968, to John ~\`I. Martin, Jr., chief counsel, Committee on Ways and Means 5095 North Carolina, Governor of, Hon. Dan K. Moore, statement 2624 North Dakota Stockmen's Association, Raymond Schnell, president, statement 3325 Norwegian-American Chamber of Commerce, Inc., Danish American Trade Council, Inc., Finnish American Chamber of Commerce, Inc., and Swedish Chamber of Commerce of the United States, Inc., statement - - - 1775 Nunn, Ira H., counsel, National Restaurant Association, statement 3337 Nyanza, Inc., Roland E. Derby, Jr., president, letter dated June 17, 1968, to Chairman Mills 4802 O'Brien, Gerald, executive vice president, American Importers Association, statement on U.S. foreign trade policy before Trade Information Com- mittee of Office of President's Special Representative for Trade Negotia- tions-May 20, 1968 841 Ocean Freight Consultants, Inc., Fred S. Haber, president, statement 1801 Ocoma Foods Co., Harold J. Wendt, vice president, production, letter dated May 31, 1968, to Chairman Mills 3344 O'Connell, John F., president, National Association of Alcoholic Beverage Importers, Inc., statement 2814 PAGENO="0037" XXXVII O'Connor, J. M., executive vice president, Peerless of America, Inc., letter Page dated July 1, 1968, to Chairman Mills 3376 Odian, Bedros, attorney, Buffalo, N.Y., letter dated May 15, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means 5098 Oesterle, Father John, Church of St. Teresa, Munhall, Pa., letter dated June 3, 1968, to Ways and Means Committee 5096 Ohio Cattle Feeders Association, Russell Forsythe, president, and James H. Warner, secretary, letter dated June 17, 1968, to Chairman Mills, with attachment 3326 Ohio Oil & Gas Association, David H. Bell, president, letter dated May 27, 1968, to Committee on Ways and Means 4392 Oil, Chemical & Atomic Workers International Union: Levi, Archie B., president, et al., letter dated June 27, 1968, to Chairman Mills 4764 Riker, Raymond, president, local 8-95, letter dated July 3, 1968, to John M. Martin, Jr., chief counsel 4807 Oklahoma Cattlemen's Association, Wray Finney, president, letter dated May 28, 1968, to Chairman Mills 3327 Optical Importers Association of the United States, Inc., Julius Simon, president, statement 3135 Orban, Kurt. (See American Institute for Imported Steel, Inc.) Oregon, Otter Trawl Commission of, Dr. E. W. Harvey, administrator, statement 3450 Ornitz, Martin N., president, Roblin Steel Co., letter dated June 24, 1968, to Chairman Mills, with covering letter from Hon. Henry P. Smith, a Representative in Congress from the State of New York 2257 Orr, Robert M., president, and Ed Thompson, executive vice president, Permian Basin Petroleum Association, statement 4281 Otter Trawl Commission of Oregon, Dr. E. W. Harvey, administrator, statement 3450 Overton, J. Allen, Jr. (See American Mining Congress.) Pacific American Steamship Association, statement 1790 Parker, H. R., secretary, Candle Manufacturers Association, letter dated June 25, 1968, to Chairman Mills 3170 Parrish, J. W., president, Loxcreen Co., telegram dated July 8, 1968, to Chairman Mills 3376 Patterson, Huberta M., secretary, West Virginia League, in behalf of West Virginia, Pennsylvania, Ohio, and Indiana Glass Workers' Protective Leagues, statement 3826 Patterson, Perry S., counsel, National Piano Manufacturers Association, statement 3159 Patton, Thomas F. (See American Iron & Steel Institute.) Peerless of America, Inc., J. M. O'Connor, executive vice president, letter dated July 1, 1968, to Chairman Mills 3376 Perkel, George, director of research, Textile Workers Union of America, AFL-CIO, statement 2630 Perkins, Hon. Carl D., a Representative in Congress from the State of Kentucky, letter dated June 17, 1968, to Chairman Mills 4889 Permian Basin Petroleum Association, Robert M. Orr, president, and Ed Thompson, executive vice president, statement 4281 Peters, J. S., manager, membership & industry relations, Florida Fruit & Vegetable Association, letter dated July 29, 1968, to Congressman Thomas B. Curtis, re domestic market for fruits and vegetables 4978 Petroleum Industry Research Foundation, Inc., John H. Lichtblau, director of research, letter dated July 2, 1968, to Ways and Means Committee, with attachment 4388 Peyser, Jefferson E., general counsel, and Don W. I\IcColly, president, Wine Institute, statement 2803 Phillips, Mrs. Robert T., president, League of Women Voters of Metro- politan Dade County (Fla.), letter dated June 24, 1968, to Chairman Mills 991 Picard, Raymond J., president, French Chamber of Commerce in the United States, Inc., statement 1773 Piering, David P., president, Diversified Wire & Steel Corp., telegram, dated June 14, 1968, to Chairman Mills 2202 Polan, Katz & Co., Inc., Lawrence R. Katz, letter dated July 9, 1968, to Chairman Mills 3157 PAGENO="0038" XXXVIII Precision Drawn Steel Co., L., G. Brown, president, letter dated June 4, Page 1968, to Chairman Mills, with attachment 2273 Premier Santa Gertrudis Association, M. Allen Anderson, president, reso- lution, dated May 26, 1968, with covering letter from Hon. Roman L. Hruska, a U.S. Senator from the State of Nebraska 3333 Price, J. Raymond, executive secretary of Glass Crafts of America, on behalf of the American Hand-Made Glassware Industry, statemeut - - 3819 Prochnow, Mrs. Jack, president, League of Women Voters of New Berlin (Wis.), letter dated June 22, 1968, to Chairman Mills 1000 Public Lands Council, Joseph H. Tudor, general counsel, letter dated May 27, 1968, to Chairman Mills 3333 Purcell, Robert, Emergency Committee for American Trade, a critique of the Trade Relations Council's analysis of certain 1958/1960-1964 declines in employment~ 1352 Rabin, Mrs. Bruce, president, League of Women Voters of Beverly Hills (Calif.), letter dated June 18, 1968, to Chairman Mills 990 Raimer, Mrs. W. M., foreign policy committee, League of Womea Voters of Midland County, Tex., letter dated June 26, 1968, to Chairman Mills_ 1000 Rampton, Hon. Calvin L., Governor of the State of Utah, statement~ 4059 Randall, Frank L., Jr., president, Amperex Electronic Corp., statement_ 3505 Rapaport, Arthur, Jardox Fur Co., letter dated July 10, 1968, to Chairman Mills 4063 Raytheon Co., Charles F. Adams, chairman of the board, telegram dated July 12, 1968, to Chairman Mills 3634 Reuther, Walter P., president, United Automobile, Aerospace and Agri- cultural Implement Workers of America (UAW), statement 1755 Richardson, Mark E., president, National Footwear Manufacturers Assoc- iation, telegram dated June 13, 1968, to Hon. Dean Rusk, Secretary of State 2624 Richey, Mrs. Robert S., president, League of Women Voters of Indiana, letter dated July 1, 1968, to Chairman Mills 993 Riker, Raymond, president local 8-95, Oil, Chemical and Atomic Workers International Union, letter dated July 3, 1968, to John M. Martin, Jr., chief counsel 4807 Roach, T. L., Jr., president, Texas and Southwestern Cattle Raisers Association, letter dated May 28, 1968, to Chairman Mills, with at- tachinent 3327 Rogers, Hon. Paul G., a Representative in Congress from the State of Florida, statement 4980 Robertson, H. H., Co., C. C. Moran, president, Cupples Products Division, telegram dated July 3, 1968, to Chairman Mills 3376 Robie, Merle S., chairman, executive committee, Cordage Institute, statement 2372 Roblin Steel Co., Martin N. Ornitz, president, letter dated June 24, 1968, to Chairman Mills, with covering letter from Hon. Henry P. Smith, a Representative in Congress from the State of New York 2257 Rostov, Charles I., floor covering group, American Import Association, statement 2603, 2618 Rott, Dr. Ernst, executive secretary, United States Austrian Chamber of Commerce, Inc., letter dated May 29, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means, with memorandum attached 1771 Rowley, E. M., president, International House, letter dated July 10, 1968, to Chairman Mills, with resolution attached 1786 Rubber & Plastics Footwear Manufacturers Association, Liverpool, England, R. J. May, Hon. secretary, with forwarding letter from the U.S. State Department 4174 Rubin, Allan A., vice president and counsel, and John T. Latella, asso- ciate counsel, United States Brewers Association, statement 2826 Rusmisell, 1)eane E., president, Work Glove Manufacturers Association, Inc., statement 2723 Sanders, C. T. "Tad," general manager, Certified Livestock Markets Association, letter dated July 3, 1968, to Chairman Mills 3332 Sanz de Santamaria, CurIos, chairman, Inter-American Committee on the Alliance for Progress (ClAP), statement, with covering letter from State Department to Chairman Mills 1713 PAGENO="0039" XXXIX Schmidt, Donald R., president, South Dakota Beekeepers Association, Page telegram dated June 22, 1968, to Chairman Mills.. 3470 Schnell, Raymond, president, North Dakota Stockmen's Association, statement 3325 Schwenger, Robert B., supplemental statement 1680 Scott, Hon. William Lloyd, a Representative in Congress from the State of Virginia, letter dated July 1, 1968, to Chairman Mills 4888 Seafood Producers Association, Octavio A. Modesto, general manager, letter dated May 31, 1968, to Chairman Mills 3443 Seawell, Malcolm B., executive secretary and general counsel, Leaf To- bacco Exporters Association, Inc., statement 1429 Sebastinas, A., president, International Union of District 50, United Mine Workers of America, Local 15143, letter dated June 14, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means_ - - 4807 Segall, Irving, New York, N.Y., letter dated July 11, 1968, to Chairman Mills 4062 Service Tools Institute, George P. Byrne, Jr., secretary and legal counsel, statement 3046 Sharp, W. Parker, Pittsburgh, Pa., letter dated June 18, 1968, to Chair- man Mills 2265 Shaw, Arnold H., counsel, Warehousemen's Association of the Port of New York, Inc., letter dated June 18, 1968, to Chairman Mills 1801 Shearer, Wendell B., president, Vinyl Maid, Inc., letter dated June 17, 1968, to Chairman Mills 5092 Sheeler, Mrs. J. R., president, League of Women Voters of Midland County (Tex.), letter dated June 26, 1968, to Chairman Mills 1000 Shears, Scissors & Manicure Implement Manufacturers Association, B. C. Deuschle, president, statement 3063 Sherwin-Williams Co., G. L. Tickner, eastern manager, pigment, color and chemical department, statement 4667 Shirt, Collar & Tie J\"lanufacturers' Federation, and Clothing Manu- facturers' Federation of Great Britain, statement, with forwarding letter from the Department of State 2736 Shoemaker, E. H., Jr., president, Nebraska Stock Growers Association, letter dated May 25, 1968, to Chairman Mills 3320 Simon, Julius, president, Optical Importers Association of the United States, Inc., statement 3135 Sinkler, Arthur B., chairman of the board, Hamilton Watch Co., letter dated July 12, 1968, to Chairman Mills 3741 Skinner, Anne F., foreign policy chairman, League of Women Voters of Williarnstown (Mass.), letter dated June 27, 1968, to Chairman Mills~ 995 Slesinger, Reuben E., associate dean, professor of economics, division of the social sciences, University of Pittsburgh, letter dated June 25, 1968, to Chairman Mills, with article attached entitled "Steel Imports and Vertical Oligopoly Power: Comment" 2265 Smith, Marshall M., Greater Fort Lauderdale (Fla.) Chamber of Com- merce, letter dated July 3, 1968, to Committee on Ways and Means - - 1785 Smith, Stanford, general manager, American Newspaper Publishers Asso- ciation, statement 4465 Smith, T. William C., president, American Pipe Fittings Association, letter dated June 20, 1968, to Chairman Mills 2259 Smithfield Packing Co., Inc., G. R. Crawford, executive vice president, letter dated June 10, 1968, to John M. Martin, Jr., chief counsel, Com- mittee on Ways and Means 3343 Snow & Co., H. R. Snow, letter dated June 6, 1968, to Chairman Mills~_ 3334 Socket Screw Products Bureau, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 Sommer, Walton B., president and chairman of the board, Keystone Steel & Wire Co., letter dated June 10, 1968, to Chairman Mills, with statement attached 1927 South Dakota Beekeepers Association, Donald R. Schmidt, president, telegram dated June 22, 1968, to Chairman Mills 3470 Southern California Edison Co., statement 4417 Specialty Crops Conference, Robert M. Kerr, attorney, statement 5049 Sporting Arms & Ammunition Manufacturers' Institute, Robert C. Zimmer, counsel, statement 3081 PAGENO="0040" XL Starr, Wayne R., president, Citizens State Bank & Trust Co., letter dated Page June 20, 1968, to Chairman Mills 1824 Standard Oil Company of California, statement 4408 Steelworkers of America, Local No. 3256, Arvo E. Sundberg, statement~ 2248 Stenning, W. W., North American representative, Australian Meat Board, statement, with forwarding letter from the State Department 3301 Stephens, Hon. Robert G., Jr., a Representative in Congress from the State of Georgia 4886 Stevens Linen Associates, Inc., Leonard E. Leboeuf, treasurer and general counsel statement 2726 Stewart, ~Eugene L., counsel, Parts and Distributor Products Divisions, Electronic Industries Association and American Loudspeaker Manu- facturers Association, letter dated July 3, 1968, to Hon. Jackson E. Betts, a Representative in Congress from the State of Ohio, re Far East comparative wages~ 3630 Stewart, Leslie J., president, Nevada State Cattle Association, letter to Chairman Mills 3321 Strackbein, 0. R. (See Nation-Wide Committee on Import-Export Policy.) Strate, Martin F., executive secretary, Virginia Beef Cattle Association, letter dated May 24, 1968, to Chairman Mills 3329 Stybr, L. E., executive director, J. E. Cooper, president, and R. E. Lam- bert, chairman, committee on Government relations, American Sprocket Chair Manufacturers Association, statement 3039 Sundberg, Arvo E., representing the city of Conneaut, Ohio and Local No. 3256, AFL-CIO, Steelworkers of America, statement 2248 Swedish Chamber of Commerce of the United States, Inc., Danish Ameri- can Trade Council Inc., Finnish American Chamber of Commerce, Inc., and Norwegian-American Chamber of Commerce, Inc., statement 1775 Swiss Union of Commerce and Industry, Michael P. Daniels, counsel, statement, with covering letter from State Department 4771 Synthetic Organic Chemical Manufacturers Association (SOCMA), memorandum concerning testimony given in support of the "separate" package agreement 4760 Tanaka, H. William, counsel, on behalf of certain importers of electronic products, A. & A. Trading Co., et al., statement 3654 Tapping Screw Service Bureau, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 Tatem Manufacturing Co., Inc., Stewart M. Tatem, statement 4481 Teague, Randal Cornell, director of regional and State activities, Young Americans for Freedom, Inc., statement 4909 Tektronix, Inc., Don A. Ellis, treasurer, statement 3704 Tennant, C., Sons & Co., Aubrey Fletcher, executive vice president, letter dated June 21, 1968, to Chairman Mills, re statistics on lead and zinc_ - 2318 Tenneco Chemicals, Inc., Leon W. Gerst, president, Tenneco colors divi- sion, statement 4780 Teper, Lazare, director of research, International Ladies' Garment Work- ers' Union, AFL-CIO, and Milton Fried, director of research, Amalga- mated Clothing Workers of America, AFL-CIO, letter dated June 14, 1968, to Chairman Mills 2641 Texaco Inc., statement 4409 Texas Citrus Mutual, William W. Curl, president, statement 5083 Texas Farm Bureau, M. F. Frost, vice president, statement 5081 Texas Gulf Sulphur Co., A. Nelson Myers, vice president, marketing, letter dated July 9, 1968, to Chairman Mills 2348 Texas Instruments Inc., J. Fred Bucy, group vice president, telegram dated July 11, 1968, to Chairman Mills 3634 Texas and Southwestern Cattle Raisers Association, T. L. Roach, Jr., president, letter dated May 28, 1968, to Chairman Mills, with attach- ment 3327 Textile Workers Union of America, AFL-CIO, George Perkel, director of research, statement 2630 Thomas, Jean, State president, League of Women Voters of Oklahoma, letter dated June 20, 1968, to Chairman Mills 999 Thompson, Ed., executive vice president, and Robert M. Orr, president, Permian Basin Petroleum Association, statement 4281 PAGENO="0041" XLI Tickner, G. L., eastern manager, pigment, color and chemical department, Page Sherwin-Williams Co., statement 4667 Tincher, Mrs. Marvin, president, League of Women Voters of Long Beach (Calif.), letter dated June 24, 1968, to Chairman Mills 990 Tool and Stainless Steel Industry Committee, statement 1929 Toy Manufacturers of America, Inc., M. Barry Levy, counsel, statement. - 3168 Trueblood, R. W., president, Beiridge Oil Co., statement 4269 Trugman-Nash, Inc., Bernard A. Trugman, statement 4894 Tubular and Split Rivet Council, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 Tudor, Joseph H., general counsel, Public Lands Council, letter dated May 27, 1968, to Chairman Mills 3333 United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW), Walter P. Reuther, president, statement 1755 Union Steel Chest Corp., 0. J. Mitchell, Jr., vice president, letter dated June 4, 1968, to Chairman Mills 2258 United Mine Workers of America, District 50. (See Glenndenning, Howard A.; Kaminski, Jerome; Kennedy, Edward E.; Lewis, Joseph H.; Se- hastinas, A.; and Del Siguore, M.) United Rubber, Cork, Linoleum, and Plastic Workers of America, AFL- ClO, Peter Bommarito, president, statement 4180 United Textile Workers of America, AFL-CIO, George Baldanzi, inter- national president, statement 2628 U.S. Austrian Chamber of Commerce, Inc., Dr. Ernst Rott, executive secretary, letter dated I\Iay 29, 1968, to John M. Martin, Jr., chief counsel, Committee on Ways and Means, with memorandum attacheth - 1771 U.S. Brewers Association, Allan A. Rubin, vice president and counsel, and John T. Lateila, associate counsel, statement 2826 U.S. Cap Screw Service Bureau, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 U.S. Dry Pea and Lentil Industry, statement 5087 U.S. Extrusions Corp., Emil H. Buckner, secretary-treasurer, letter dated June 27, 1968, to Chairman Mills 3377 U.S. Machine Screw Service Bureau, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 U.S. Wood Screw Service Bureau, et al., George P. Byrne, Jr., secretary and legal counsel, statement 3027 Utah, State of, Hon. Calvin L. Rampton, Governor, statement 4059 Utsey, James, president, Alabama Garment Manufacturers Association, letter dated June 18, 1968, to Chairman Mills, with resolution attached and with covering letter from Hon. Bill Nichols, a Representative in Congress from the State of Alabama 2626 Vail, George R., vice president and director, Continental Baking Co., and president, Morton Frozen Foods Division, statement 3342 Vander Ende, Gerrit P., San Francisco, Calif., letter dated May 22, 1968, to Chairman Mills 5096 Veeder, Nicholas P., chairman of the board and president, Granite City Steel Co., statement 2254 Vegetable Growers Association of America, Albert E. Mercker, executive secretary, statement 5086 Veltfort, T. E., managing director, Copper & Brass Fabricators Council, Inc., letter dated June 19, 1968, to Chairman Mills, with statement attached 2325 Verity, C. William, Jr., president, Armco Steel Corp., statement 2253 Vinyl Maid, Inc., Wendell B. Shearer, president, letter dated June 17, 1968, to Chairman Mills 5092 Virginia Beef Cattle Association, Martin F. Strate, executive secretary, let- ter dated May 24, 1968, to Chairman Mills 3329 Walker, Charis E., executive vice president, American Bankers Associa- tion, letter dated June 17, 1968, to Chairman Mills 1809 \\ alker, James L., president, Davis Wire Corp., letter dated July 9, 1968, to Chairman Mills, with attaehments~ 2269 Warehouserneii's Association of the Port of New York, Inc., Arnold H. Shaw, counsel, letter dated June 18, 1968, to Chairman Mills 1801 PAGENO="0042" XLII Warner, James H., secretary, and Russell Forsythe, president, Ohio Cattle Feeders Association, letter dated June 17, 1968, to Chairman Mills, Page with attachment 3326 Washington, State of, Hon. Daniel J. Evans, Governor, letter dated June 7, 1968, to Chairman Mills, with position paper attached 1719 Washington Cattle Feeders Association, C. A. Courtright, president, letter dated June 5, 1968, to Chairman Mills- 3329 Washington Cattlemen's Association, Inc., John Woodard, president, letter dated June 14, 1968, to Ways and Means Committee 3330 Washington Steel Corp., T. S. Fitch, president, letter dated June 28, 1968, to Chairman Mills 1928 Webb, Mrs. Ralph, president, League of Women Voters of Greater Lafay- ette (md.), letter dated June 27, 1968, to Chairman Mills 994 Weiss, Steven J., counsel, National Handbag Association, statement 4134 Wendt, Harold J., vice president, production, Ocoma Foods Co., letter dated May 31, 1968, to Chairman Mills 3344 West Central Texas Oil & Gas Association, D. L. McDonald, president, statement 4205 West Mexico Vegetable Distributors Association, A. B. Conrad, secretary- manager, statement, with forwarding letter from Hon. Morris K. Ijdall, a Representative in Congress from the State of Arizona 5088 Western Dairy Products, Inc., statement 4892 Westwood, Richard E., president, EMBA Mink Breeders, Association, statement 4014 Wexler, Dr. William A., president, B'nai B'rith, statement 1028 \Vhealy, Roland A., vice president, Ashland Oil & ReOning Co., statement_ 4393 Williams, Mayme, secretary, Mendocino County (Calif.) Farm Bureau, letter dated June 19, 1968, to Chairman Mills 3334 Williams, Oliver, New York, N.Y., statement 5096 Wimmer, Ed, president, Forward America, Inc., radio talk 1733 Window Glass Cutters League of America, Harry W. Baughman, Jr., national president, statement 3824 Wine Institute, Don W. McColly, president, and Jefferson E. Peyser, general counsel, statement 2803 Winn, Hon. Larry, Jr., a Representative in Congress from the State of Kansas, letter dated July 12, 1968, to Chairman Mills 3168 Wittig, Harley, past president, EMBA Mink Breeders Association, statement 4013 Wolfson, J. Theodore, president, Business Builders International, Inc., article from Wall Street Journal entitled "Steel firms' profits are ex- pected to spurt as outlays begin to pay off, analysts say" 859 Won Pat, Hon. Antonio B., Territory of Guam, Representative in Wash- ington, statement 3740 Wood, R. S., vice president, M. & R. Refractory Metals, Inc., telegram dated July 11, 1968, to Hon. Florence P. Dwyer, a Representative in Congress from the State of New Jersey, with covering letter 2347 Woodard, John, president, Washington Cattlemen's Association, Inc., letter dated June 14, 1968, to Ways and Means Committee 3330 World Trade Club of Long Island, and Long Island Association of Com- merce & Industry, Fred E. Merrell, secretary, letter dated June 26, 1968, to Committee on Ways and Means, with position paper attached 1789 Work Glove Manufacturers Association, Inc., Deane E. Rusinisell, president, statement 2723 Wright, Ronald, president, Canned Meat lmporters Association, state- ment 3338 Wriston, Walter B., president, First National City Bank, letter dated July 12, 1968, to Chairman Mills, with attachment 1810 Young Americans for Freedom, Inc., Randal Cornell Teague, director of regional and State activities, statement 4909 Zimmer, Robert C., Sporting Arms & Ammunition Manufacturers' Institute, statement 3081 Zwach, Hon. John M., a Representative in Congress from the State of Minnesota, statement 1494 PAGENO="0043" FOREIGN TRADE AND TARIFF PROPOSALS FRIDAY, rUNE 28, 1968 HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, Washington, D.C. The committee met at 10 a.m., pursuant to notice, in the committee room, Longworth House Office Building, Hon. James A. Burke presiding. Mr. BURKE. The committee will come to order. Our first witnesses this morning are on chemicals, the Synthetic Organic Chemical Manufacturers Association. Mr. Turchan, will you identify yourself and your associates for the record, please, and then you may proceed. STATEMENTS OP THOMAS?. TURCHAN, PRESIDENT, SYNTHETIC ORGANIC C}~EMICAL MANUFACTURERS ASSOCIATION; ROBERT C. BARNARD, COUNSEL (ALSO SPEAKING FOR DRY COLORS MANU- FACTURERS ASSOCIATION) ; AND CARL GERSTACKER, CHAIRMAN OP THE BOARD, MANUFACTURING CHEMISTS ASSOCIATION; ACCOMPANIED BY GEORGE V. EGGE, JR., ASSISTANT COUNSEL; AND RICHARD DAVIES, CONSULTANT, SOCMA Mr. TUROHAN. Mr. Chairman and members of the committee, my name is Thomas P. Turchan. I am vice president of American Cyana- mid Co. I appear here today as president of the Synthetic Organic Chemical Manufacturers Association-usually abbreviated as SOCMA. I am accompanied by our counsel, Mr. Robert C. Barnard of Wash- ington, D.C. I will summarize our position and will ask Mr. Barnard to present the factual information in support of our position. I am also accom- panied by Dr. Richard Davies, president of Klein & Saks, a firm of consulting economists, which has prepared an economic analysis of the foreign trade picture. He will describe his study and present his conclusions to you after Mr. Barnard's statement. And by George Egge, assistant counsel. Originally we had on our schedule that I would appear first, sir,. but with the arrival of Mr. Gerstacker, who is president of MCA, we would like to request your permission to have him appear first and I will follow him. In the meantime I would also like to respectfully suggest to you, sir; that you allow the three associations who are represented here today t.o complete our testimony before you ask your questions, and I (4483) PAGENO="0044" 4484 believe in this way we will make more efficient use of your time and ours. I would now like to ask Mr. Gerstacker to proceed, sir. Mr. BumiE. We want to welcome all of you gentlemen to the com- mittee. You can all testify and then the committee will ask questions. Mr. TUROHAN. Thank you. STATEME1~T OF CARL GERSTACKER Mr. GERSTACKER. Mr. Chairman and members of the committee, I am Carl Gerstacker, chairman of the board of the Dow Chemical Co., but today I am speaking on behalf of the Manufacturing Chemists Association, of which I am also the chairman of the board. The Manu- facturing Chemists Association is a nonprofit trade organization hav- ing 181 United States and 12 Canadian companies as members. The members of this association produce more than 90 percent of the basic chemicals in the United States and Canada. The industry includes many international companies with plants and sales offices all over the free world. It is affected very much by international business practices and trade policies it encounters every day. We believe, therefore, that the members of MCA are in a unique position to evaluate the effects of H.R. 17551, insofar as chemicals are concerned. A written statement is submitted to you at this time for inclusion in the record of these hearings. To conserve the valuable time of this committee, as the chairman has asked, you will hear from me only a brief summary as to why this committee should: (1) Approve the extension of the President's tariff negotiating authority in title II with appropriate restrictions. (2) Approve title III to liberalize the adjustment assistance pro- visions of the Trade Expansion Act, but with some modification. (3) Eliminate from the bill, title IV which would eliminate the American selling price system of valuation. (4) Establish export incentives or border taxes to help correct the U.S. balance-of-payments problem. It is necessary first to point out to you the relative importance of this industry in the U.S. economy and to compare the strength of this industry with the competition abroad. In 1967, the wages and salaries paid in our industry totaled approximately 6 percent of that paid to employees of all manufacturing industries. Its assets totaled 10 percent of all manufacturing assets in the United States. Shipments of this industry last year totaled $40.2 billion which, for comparison only, is double the sales of the textile industry and almost double that of the steel industry. In 1967, employment amounted to 990,000 persons in 14,000 plants. It is a growth industry showing an annual growth rate of 6 percent over the last 10 years. During that same time, $19 billion was invested in new plants. The chemical industry is truly international and is a large importer and exporter. Exports last year, $2.8 billion, exceeded imports by $1.8 billion. This is essentially one-half of the total U.S. trade surplus and clearly very important to the U.S. balance-of-payments. While domestic shipments were $40.2 billion, as already mentioned, sales of subsidiaries abroad amounted to approximately $9 billion last year. PAGENO="0045" 4485 Although the U.S. chemical industry is larger than that of any other single nation, it is extremely important, we think, to point out some disturbing trends and problems which relate directly to the proposed legislation. The growth rate of the industry was 5.8 percent from 1960 to 1966, compared to an impressively larger 9.7 percent for mem- bers of the Common Market. Indeed, 1967 sales of chemicals in the United States were only 3.9 percent higher than those in 1966. The growth rate of U.S. exports for the 6-year period was about 7 percent compared to 15.1 percent for Common Market countries. It is interest- ing to note also this foreign subsidiary sales of U.S. chemical com- panies increased 16 percent per year, while the export growth rate was only 7 percent per year. These measurements, plus those made in a multitude of product studies by the industry indicate that, for a number of reasons not within the control of our industry, we are losing its competitive posi- tion in world chemical production. The reasons are too numerous and complex to repeat here, but they include such factors as differences in raw materials costs, differences in application of antitrust laws, wage productivity ratios, and the use by other countries of important non- tariff barriers, such as indirect tax systems. Let me speak now to MCA positions on the proposed legislation. We support extended tariff negotiating authority of the President as provided in title II, but only for "housekeeping" purposes. This authority should not be used for additional tariff cutting, for any reason. We recognize the need for this authority for international trade problems which will arise. The MCA strongly opposes title IV of }I.R. 17551. This provision would eliminate the American selling price system of customs valua- tion. It is essential for the health and continued growth of this sector of the chemical industry that this cost equalizing customs system be retained. To eliminate ASP, the Congress has been asked to approve a sup- plementary agreement negotiated in the Kennedy round. This agree- ment will afford the industry little export opportunity to balance the impact of imports. In order to understand fully the lack of reciprocity in the supplementary agreement, it is essential to consider the chemical tariff cutting in the Kennedy round itself. The United States reduced most chemical tariffs by 50 percent in the Kennedy round. In return, the EEC and the United Kingdom reduced chemical tariffs by about 20 percent. Most, but not all, other major nations reduced chemical tariffs by 50 percent. It is said by the Office of the Special Trade Rep- resentatives that the United States reduced chemical tariffs by an average of 43 percent and received in return an average reduction of 26 percent. The chemical industry is convinced that the Kennedy round chem- ical tariff cutting was far from reciprocal. The effect will be a lesser contribution of the chemical industry to the U.S. trade surplus in the years to come and a considerable impact on the health and the growth of the U.S. chemical industry, particularly in certain segments. The U.S. share of world chemical exports has declined from 29 percent in 1960, to 23 percent in 1965. U.S. chemical imports since 1961 have increased 14 percent per year, while our exports have increased only 7 percent per year. When you combine these trends PAGENO="0046" 4486 with the studies made by our marketing experts, the Kennedy round tariff cutting is particularly distressing. Never before has this industry sustained a 50-percent cut in tariffs at a time when foreign production economics are better than those in the United States and when, in fact, U.S. exports will probably be less competitive abroad. Approval of the supplementary aoree- ment eliminating ASP will. make tariff cuts over and above the 50- percent cut already effected in the Kennedy round. This move not only goes beyond the 50-percent cut which Congress approved in the 1I'rade Expansion Act of 1962, but more than that, it will have a heavy impact upon a vital segment of the U.S. chemical industry. This committee is well aware that the American selling price sys- tem applies only to benzenoid chemicals. Sales of these products amount to about 8 percent of the total U.S. chemical shipments. Many of the benzenoids are sophisticated and complex products including such things as medicinals and dyes, but including also larger volume and cheaper intermediate products. When *a benzenoid product is imported into the United States, it is assessed on the value of a U.S. selling price only if a competitive product is made in the United States. Noncompetitive products are not assessed on the basis of the American selling price. The disadvantage to the importer lies only in the degree to which the selling price in the United States is higher than the price at which he wishes to sell his product in the United States. In the truest sense of the word, the American selling price system tends to equalize costs of products entering a relatively high- cost economy. In 1966, the Tariff Commission converted benzenoid tariff rates to rates which would give the same duties at the border when they were applied to export values from abroad. The conversion was not equitable due t.o the sheer complexity of the task and unavailability of foreign prices. The importance of the conversion was essentially eliminated because in the supplementary package you are asked to approve, a ceiling was set on tariff rates for benzenoid chemicals. The ceilings were 30 percent on dyes, 25 to 27 percent on sulfonamides, and 20 percent on other benzenoids. These ceilings were below one- half of the converted rate in most cases. Now, menThers of this industry have made extensive studies during and after the Kennedy round on the impact of both the Kennedy round and the elimination of ASP. The Tariff Commission has also made a detailed study of the impact of loss of ASP. We have, re- peatedlv, Mr. Chairm'an, asked that the results of this study be made available to us, and our requests have been refused by the Office of the Special Trade Representative. IVe feel that information which is so vital to the interests of our industry should be made available, particularly to your committee. Individu'al c~mpanies have made studies to determine the impact of the elimination of the American selling price method of customs valuation. These studies have not been assembled and summarized by the Manufacturing Chemists Association. Many member companies will appear indIvidually before this committee to demonstrate the results reflected by thes~ studies. It is clear to our association, how- ever, that the impact of the elimination of the American selling price PAGENO="0047" 4487 would be great, not oniy on the chemical industry, but on the U.S. balance of trade as well. It is claimed by the administration that the United States will re- ceive equal or greater concessions in return for elimination of American selling price. Our membership disagrees. The worth of these conces- sions are, of course, worthy of the same exhaustive study given to the impact of loss of ASP. The concession to the United States for elimination of ASP in the separate package is the additional 30-percent tariff cut on chemicals by the EEC countries and the United Kingdom. This would bring the total chemical concessions by the EEC and the United Kingdom to the 50-percent cut made by the United States in the Kennedy round. There are, additionally, three nontariff `barrier concessions by other countries in the supplementary agreement. Although we are not qualified to measure the wort;h of these concessions, they would seem to be minor. The prospect of giving up ASP to bring EEC and the TJnited King- dom tariff cutting to the same level of cut already made `by the United States is unreciprocal on the face of it. Beyond that, there will be no significant gains in exports as a result of the additional cuts of 30 per- cent. This is true for a number of reasons including, importantly, the rationalization of the indirect tax system in Europe. To summarize, the impact of the loss of ASP in increased imports to the TJnited States will not be offset by new export gains for our industry. It is essential, we believe, that the benzenoid sector of our industry be permitted to grow and develop all of the new products which we know are coming. It is certain that., if ASP is eliminated, `much of the research and development money which is necessary for this effort will not be available. The attacks on the ASP system from abroad have been very heavy and consistent. This may be surprising to some of you, but not to those of us who understand the stakes involved. Production fa:cil'ities exist abroad now to take advantage quickly of the largest market in the world. Many of the leading world chemical industries have designed export capacities into their plants and can participate heavily in the U.S. benzenoid market with the much lower tariffs under the Kennedy round and if ASP is eliminated. For these and many other reasons, the Manufacturing Chemists As- sociation urges that this committee and the Congress eliminate title IV of ILIR. 17551. Title III of the bill proposes a liberalization of the eligibility pro- visions for assistance in adjusting to the impact of imports. This proposal would substitute "substantial" cause for "major" cause as the test of degree of injury. The chemical industry prefers a policy which will prevent major injury by retention of necessary tariff levels, rather than use of adjust- ment assistance after major injury has occurred. We believe that domestic industries whicih have suffered such injury should be afforded a form of appropriate relief. This, for mose chemical companies, should be tariff adjustment. Although we agree that the test for determination of injury should be changed from major to substantial, we also urge Congress to pro- vide in the adjustment assistance legislation adequate provision to PAGENO="0048" 4488 keep U.S. chemical production healthy and not just to provide a means of transition to production of other products. It is equitable and rea- sonable from an economic viewpoint to apply the same adjustment assistance tests to industries as those applied to employees. Now, there are other issues to which our attention has been directed for these hearings. The one to which I direct your attention next is that relating to balance of trade and proposals for increasing our ex- ports. The spotlight must, of necessity, fall upon the indirect taxa- tion system used by many European countries to excellent advantage both in domestic and foreign markets. In 1963, this industry described European border taxes to the De- partment of Commerce as noñtariff barriers affecting trade. In Febru- ary 1966, after a year of survey and study, the industry provided the Office of the Special Trade Representative a detailed study on the effect of the European indirect tax system on TJ.S. chemical exports. Before the conclusion of the Kennedy round in February 1967, the chemical industry provided another updated report to emphasize the expected impact of rising border taxes in the EEC. It was, Mr. Chair- man, unfortunate and a mistake, we believe, that border taxes were not dealt with in the Kennedy round. Our studies show that the charges, tariffs, and border taxes com- bined, on U.S. products shipped to the Common Market countries will actually go up as a result of higher border taxes, that will more than offset the tariff cuts generated in the Kennedy round. Further, we must meet in both the United States and third markets exports from these countries which have received tax rebates as an export incentive. The most striking demonstration of the effect of a change in the in- direct tax system is that made by Germany on January 1, 1968. That country changed from a cascade turnover tax system to a value-added system. The rate applied changed from 4 percent on chemicals to 10 percent; and will further increase to 11 percent this year. The price changes in Germany occasioned by this switchover are complex but we are convinced that imports of chemicals into Germany have been disadvantaged in comparison with the domestic producer of the same product in Germany. The net trade effect, therefore, has been nega- tive to the United States. Further, the domestic producer in Germany will gain an additional advantage when he sells in foreign markets including the United States, and his tax rebate increases from 4 per- cent to 10 percent and toll percent. These internal tax changes have been unilateral, they have reduced the competitive position of U.S. exporters, and there has been no reciprocity through compensating changes in tariff rates. According~ly, the chemical industry believes that the United States needs to adopt measures affecting both U.S. imports and exports that will tend to restore the balance. As a first step, the United States could impose a border tax equivalent to the sum of indirect taxes imposed on U.S. manufacturers (both Federal and State) and rebate such taxes on exports. Secondly, an attempt should be made to have the GATT rules amended to allow for rebates to U.S. exporters on direct taxes, as well as indirect taxes. The National Expansion Council of the Commerce Department has recommended measures to increase U.S. exports in- cluding tax incentives, and I urge you to study these reports. PAGENO="0049" 4489 If these objectives are not achieved, the United States should im- pose a border tax on goods from nations that assess them against U.S. exports. A possible variation of this action would be to adopt a sliding scale border tax which will vary with the balance of payments of the United States. Perhaps a temporary surcharge should be placed on imports also. This impediment would be understood by the other countries of the world as a temporary expedient to solve a serious balance-of-payments problesn. The same rationale was used by Britain and Canada in the past and accepted by the other trading nations without retaliation. We believe it important that such a surcharge not be applied to essential raw materials in which the United States is not self-sufficient. Related to these matters and within the purview of these hearings is the question of measures which would improve the U.S. balance-of- payments position. One of the most important of these measures is that relating to direct investment abroad by U.S. companies. Between 1965 and 1968, investments abroad were under a voluntary program desinned to diminish the outflow of capital and encourage the inflow of earnings to a degree that the U.S. balance-of-payments position would be strengthened. It is a matter of record that the chemical industry observed completely the spirit of the voluntary program. With the worsening of the U.S. balance of payments, the President on January 1, 1968, proclaimed a mandatory investment control and earnings repatriation program in an Executive order. This industry believes that these mandatory controls will worsen instead of improve the U.S. balance of payments. The earnings returned to the United States from investment abroad is clearly in excess of the outflow of capital. This committee already has extensive data which documents this fact. That data will not be repeated here. While we must agree that mandatory controls will hold down out- flow at the same time inflow of earnings remains high, this combina- tion of factors will persist for only a short time. The lack of new invest- ment by U.S. firms abroad will in a short time result in a deterioration of a return of earnings which in fact are badly needed to achieve a balance-of-payments surplus. There are many inequities in the present regulations and controls. We are trying to correct these through representations to the Foreign Investment Control Office of the Department of Commerce. We believe, however, that it is important for the Congress to know that the mandatory controls will increasingly work to the disadvan- tage of the United States in achieving a balance-of-payments surplus. Thank you, Mr. Chairman. After the other speakers I will be happy to try to answer questions. (Mr. Gerstacker's prepared statement follows:) STATEMENT OF CAI~L GERSTACKER, CHAIRMAN OF THE BOARD, MANUFACTURING CHEMISTS ASSOCIATION I. INTRODUCTIoN The Manufacturing Chemists Association is a nonprofit trade association of 181 llnited States and 12 Oanadi~n Company members representing more than 90 percent of the productive capacity of basic inth~str~aI chemicals within these countries. These producers serve all the major industry categories listod in the Standard Industrial Oiassific~tion. Thus, the chemical industry contributes to all industri~j progress and to every segment of our society. 95-159-68----pt. 1O-4 PAGENO="0050" 4490 IL SUMMARY AND CONCLUSIONS The $40 billion U. S. chemical industry, which is fighting intensified competi- tion from foreign chemical manufacturers, now faces the threat of invasion of its domestic market on a large scale. Although world economic and manufacturing conditions have drastically changed since the U.S. first entered into GATT negotiations, the U.S. Govern- ment's policies regarding world trade have remained static. In the past, the thrust of U.S. trade policy has been to assist foreign nations to restore destroyed or worn-out manufacturing facilities and improve their economic status. Today these same nations have the most modern automated plants capable of matching production with the best in the U.S., have labor costs substantially lower than ours, and in many cases access to cheaper raw materials. Our international trade policies have neglected to reflect this changing picture. The unreciprocal results of the Kennedy Round negotiations have placed the U.S. chemical industry at a serious disadvantage vis-a-vis our trading partners in the world market place. The agreement by the United States negotiators that the U.S. should reduce its import duties 50 percent while the British and Euro- pean Common Market countries reduce their duties only 20 percent has opened for our trading partners doors to the domestic chendcal industry market while gaining little in terms of export opportunities for U.S. companies. For these and other reasons the chemical industry believes: 1. Extension of the President's `tariff negotiating authority should be limited to a variety of "housekeeping" activities and should not include provision for further U.S. tariff reduction. 2. In light of increasing pressure from foreign imports in our domestic mar- kets, the need for adequate escape clause procedures to permit `tariff adjustment by the President is intensified. Pertinent legislation should liberalize the eligibil- ity criteria for escape clause relief for industries as well as for workers and individual firms. 3. In light of the present imbalance in tariff concessions granted in `the Ken- nedy Round and lack of reciprocity in the Supplemental Agreement, the Congress should reject any efforts to further reduce duties on chemical products and should support retention of the American Selling Price. 4. A foreign trade policy based on the anticipated effects of foreign imports on U.S. trade balance and balance-of-payments should be devised. 5. Action should be taken by the United States to effect removal by our trad- ing partners of border taxes and other non-tariff barriers. 6. Meaningful export incentives should be provided for industry as a step in restoring a favorable balance-of-payments. 7. Restrictions on foreign' investments by U.S. industrial corporations should be removed. 8. Adequate funds should be provided the Tariff Commission to carry out its important investigative powers with greater efficiency and dispatch. IlL U.S. CHEMICAL INDUSTRY The industry includes many international companies with plants and/or sales offices in most countries of the free world. In addition to exports of $2.8 billion, the chemical sales of the U.S. foreign manufacturing affiliates were estimated at over $9.0 billion in 1967. As the record will show, this industry has for many years made available to the Government its studies and specific recominenda- tions to assist in the formulation and implementation of a sound U.S. trade policy. We believe our Association is in a unique position to evaluate the effect of the proposed legislation insofar as chemicals are concerned. A. Importance of the Chemical Indiastry to the U.S. Economy The history of the U.S. chemical industry over the past ten years reflects an annual average growth rate of about 6 percent. The value of shipments in 167 was approximately $40.2 billion. In that year, the domestic chemical industry employed about 990,000 persons, operated 14,000 plants and and spent for con- struction nearly $3 billion in the U.S., and $1 `billion overseas. Also in 1967, chem- ical industry wages and salaries totaled about $2 billion, which represents 6 percent of the total paid to all employees of manufacturing industry. The American chemical industry, although a major contributor to the favor- able U.S. trade balance, is encountering sharpening competition in world markets. PAGENO="0051" 4491 This is evidenced by the exports of chemicals of the free-world European coun- tries (OECD), from 1960 to 1966 which increased from $4.4 billion to $8.5 bil- lion, or 93 percent, while the U.S. exports increased from $1.8 billion to $2.7 billion, only 50 percent. During the same period, total sales of chemicals by the same European countries increased by about 69 percent, while total sales by U.S. chemical companies increased only 40 percent. COMPARISON OF GROWTH IN CHEMICAL INDUSTRY TURNOVER AND EXPORTS UNITED STATES VERSUS EUROPEAN OECD COUNTRIES [Dollar amounts in billions] Turn United States over European OECD Exports United European States OECD 1960 $276 1966 387 Increase 11.1 ~gn 33.2 13.5 $18 $44 2.7 85 1.2 4.1 Average anneal increase (percent) 5.8 9. 1 6.9 11.6 In light of these facts, it will become increasingly difficult for the U.S. chemi- cal industry to continue as a major contributor to the balance of trade. B. Competitive Position of U.s. Chemical Industry in World Markets During World War II, much of the foreign chemical industry, particularly in Europe and Japan, where a large part of it was located, was destroyed. Con- sequently, at the end of the war the U. S. chemical industry had a broad market for its products with little or no competition. This situation has changed in the last 20 years as foreign producers have acquired the latest technology, rebuilt, and made rapid advances in production. Since the chemical industry is one in which national levels of technology are now substantially equal, there are several other factors which have contributed to the Progress of the foreign chemical industry: New foreign plants are automated, embody the latest processes and techniques, and increasingly enjoy the advantages of high volume production. Antitrust laws and practices in other countries permit rationalization of pro- duction, cartel selling, and other actions favoring their domestic industry. Wages in Europe and Japan are well below those of the U.S., and in addition, the productivity of their workers has increased rapidly. Raw materials are often cheaper abroad. There is much dispute about relative costs of making products in the U.S. and abroad. We know that in spite of the efficiency and automation of the U.S. chemi- cal industry, many chemicals are made cheaper abroad. The reasons are many and varied. In a recent survey by Chemical and Engineerinq News, it was deter- mined that seven of the largest U.S. chemical producers paid to employees an average of 4.5 percent more in 1967 than the year before. At the same tisne, sales per employee gained only 2 percent. Also, productivity is simply not keeping pace with rising costs. Productivity, a key measure of the ability to compete, is sometimes mistakenly demonstrated by the value of production per employee. U.S. chemical output per employee in sales dollars is much higher than that of its trading partners. How- ever, a recent study indicated that a truer index of productivity, when comparing companies or industries in different countries, is measured by calculating the ratio of the dollars of value added to dollars of employee cost. When firms with approximately the same product mix are compared on this basis, the Japanese chemical companies have the highest productivity with a ratio of 3.03, followed by Germany with 2.55 ;.U.S.. 2.00; and U.K., 1.70.1 Since the employee cost makes up an important part of ibhe sales costs, 27.2 percent for the U.S. in 1967, another effective way of demonstrating relative competitive position of chemical industries in different countries is to compare 1 "Financial Comparison of World Chemical Companies," C. P. Neidlg, Financial Analyst Journal, January-February 1968. PAGENO="0052" 4492 the dollar of sales per dollar of employee cost. As an example, four' large German chemical companies, from 1960 to 164, sold $4.93 worth of product for every dollar of employee cost. Five2 large U.S. chemical companies having ap- proximately the same product mix had sales of only $3.30 per dollar of employee cost over the same period. This may understate the problem, because it com- pares averages, and not the most efficient producers in different countries, which is the key to future competitive positions. If the domestic chemical industry enjoyed a clear superiority in technology and productivity over their foreign competitors, the economic impact of the disadvantages of U.S. manufacture undoubtedly would not be as severe as is predicted. However, for all practical purposes, such superiority just does not exist. With respect to technology, American chemical producers have `long known that whatever gap existed at the close of World War II has virtually been closed. This fact has been recognized by others. As stated by your colleague, Representative Thomas `Curtis, in Part IV of his report on the Kennedy Round (Congressional Record-House, p. 8382, July 10, 1967): "Chemicals is an industry in which national levels of technology are fairly equal. European, Japanese or American hesitance to cut tariffs cannot very logically be based on claims that technological `gaps' create disparate competi- tive situations * * ~." (Emphasis added.) Some of our members are convinced that to remain competitive in exports to overseas markets, the chemical industry must have access to competitively priced raw materials-which in the case of foreign feedstocks is now substan- tially denied under the oil import program. They believe that if these low- cost foreign raw materials continue to be unavailable to the domestic chemical industry, it faces potentially destructive competition in its export markets now and in domestic markets as tariffs come down over the next three and one-half years. They feel that some method should be devised to permit adequate access to foreign feedstocks for chemical production. To meet competition, many U.S. firms participate in the foreign chemical markets through ownership of foreign-based companies. The annual sales of chemical and allied products by American-owned foreign enterprises are esti- mated at about $9 billion in 1967. The latest available figures show the total sales of foreign affiliates of U.S. chemical companies increased by about $3.5 billion from 1960 to 1965, or 16 percent per year, which compares with an average export increase of 6 percent per year for U.S. chemicals over the same period. The sales of American-owned affiliates in Europe increased from about $1.3 billion in 1960 to $2.7 billion in 1965, which represents about 6.5 percent and 9.3 percent of the total sales of chemicals in Europe in those years. iv. U.S. FOREIGN TRADE POLICY In analyzing the important trends in this industry and speaking to the issues now before the Ways and Means Committee, it is essential to comment on the effect of past U.S. trade policy. During the first three GATT Rounds and perhaps even into the fourth, U.S. foreign economic policy featured importantly the need to encourage the economic strengthening of the war-ravaged nations of Europe and Japan, and to `promote the economic development of the more backward nations. In U.S. foreign `trade policy, steps were taken to make it easier for na- tions abroad to share in the very large U.S. market. Since then, the economic world has undergone substantial change. The recon- struction of Europe and Japan has been completed and the countries of those areas have made remarkable economic recovery. From positions of great weak- ness, they have moved to strength. Now the U.S. is in serious economic difficulty compared to other major countries with which we must compete. Economic changes have made past trade policies obsolete. It is time to formulate new U.S. trade policies based on reciprocity and anticipated situations. It is crucial that U.S. trade policy insure the role of the U.S. as a leading member of the family of free nations but simultaneously maintain those condi- tions in the domestic economy which are conducive to the continued sound growth of American industry. It is essential to provide guidelines and procedures that assure these results. Bayer, BASF, Hoeschst, Cassella. 2Allied Chemical, Dow, DuPont, Monsanto, and Union Carbide. PAGENO="0053" 4493 A. Reciprocity During the Kennedy Round and since the agreement was concluded in June 1907, the U.S. trade negotiators have insisted that reciprocity was achieved for the United States and for the chemical industry specifically. Members of this Association have no doubt of the good intentions of the U.S. negotiating team. They believe, however, its effort in GATT bargaining has not resulted in attaining true reciprocity. In the past, reciprocity has been measured by concessions made on the dollar volume of trade in a selected base year. While this may have been the only measure available in the past, negotiations, to be meaningful, must be related to future trade expectations. Reciprocity must be based on new export opportu- nities which take into account relative competitive abilities, barriers to trade other than tariffs, export incentives, etc. It seems to MCA members that item-by-item bargaining may be the only way to obtain reciprocity. The industry has observed the negotiations carried on in six rounds of GATT negotiations. Those in 1961 involved item-by-item bar- gaining, and those concluded in 1967 were, in contrast, on a linear basis. We be- lieve that linear agreements covering sectors of industry, e.g., chemicals, wifi be damaging to the U.S. chemical industry if continued. Linear bargaining does not take into account wide variations in competitive abilities. These differences may lie in labor rates on a unit cost basis, on raw material prices, on tech- nology availability, and on other factors. Such variations in ability to compete between major chemical producing nations are substantial. Linear bargaining, or across-the-board tariff decreases, on broad industrial sectors will result in harm to some parts of that industry, in lack of growth in other parts, and shut- down of facilities in extreme cases. The inevitable conclusion is that linear bar- gaining on sectors must be avoided. Item-by-item bargaining in the Dillon Round provided better reciprocity than the linear bargaining employed in the Kennedy Round. With tariffs soon to be at the lowest level in recent history, and with the increasing use and effective- ness of incentive tax systems and other non-tariff barriers, the importance of using item-by-item bargaining in chemicals is clear. As a practical matter, the administrative difficulties of item-by-item bargain- ing are admittedly great. In the case of chemical products, it is possible to make small groupings or categories of products. Such groupings would aggregate products having the same problems or advantages and would present a logical simplification of item-by-item considerations. It is extremely important, however, that any bargaining done on other than an item-by-item basis be pursued only after exemptions have been made on the grounds of present or impending damage from imports. B. Dillon Round In the Dillon Round of 1901-62, the U.S. is said to have received "concessions" on a far greater dollar volume of trade in chemicals than the dollar volume of chemical trade on which it made concessions. However, a large proportion of the concessions were bindings1 of existing tariff levels which were not reduc- tions. U.S. exporters to the Common Market countries received no benefit from such concessions. Also, in the ease of the Common Market, the U.S. was bargaining for reduc- tions of the common external tariff. Until 1968, this external tariff was at a level toward which all Common Market countries were proceeding. It had been developed for the six EEC members by an averaging procedure. Hence, nego- tiated reductions of the common external tariff were often more than offset by the stepwise tariff increases of the low tariff countries within the Common Market. The high tariff members of the EEC were, of course, decreasing tariffs to the EEC common external tariff. These factors made the value of EEC concessions to the U.S. in the Dillon Round of little consequence. U. Kennedy Round For the Kennedy Round, the Special Representative for Trade Negotiations (STR) has estimated that based on the chemical trade of the year 1964, the U.S. gave tariff concessions to the EEC on $175 million worth of chemicals shipped from the EEC to the U.S., and the U.S. received concessions on $460 million l Binding-commitment that a rate of duty will not be increased on a product, or if free, a duty will not be imposed. PAGENO="0054" 4494 worth of chemicals `shipped from the illS, to the EEC. In terms of overall trade with GATT partners participating in `the Kennedy Round, the STR says the U.S. gave concessions on $400 million worth of chemicals imported from GATT part~ ners and received concessions from these partners on $1,050 million worth of U.S. chemical exports. This method of analyzing results gives the impression that `the U.S. received far more than it gave in the Kennedy Round. The fact is that `such members merely reflect the pattern `of past trading positions and have no relationship to the future worth of concession exchanges. The impact `such exchanges may have in altering future trade among `countries constitutes `the only true measure of reciprocity. During the course of the Kennedy Round negotiations, the U.S. made 50 percent reductions in nearly all chemical tariffs. (Through `the rounding-out procedure, many of these reductions are greater than 50 percen't.) In contrast, `the U.K. and the EEC promised to reduce tariffs only `by about 20 percent. Another im- portant trading partner, Japan, committed itself to 50 percent reductions. Chemi- cal concessions from the balance `of the GATT membership participating at the Kennedy Round were far less in significance. On the fact of these .percentages, the chemical agreement in the Kennedy Round clearly was not reciprocal. The EEC and the U.K. will match in percentage `the chemical tariff cuts made by the U.S., only if the United States Congress `approves the Separate Package eliminating the American Selling Price system of valuation. Chemical industry `studies on the reciprocity of the Kennedy Round tariff cuts show that chemical imports to `the United States will increase faster than U.S. chemical exports. We believe this is true because reciprocity in new export opportunity was not achieved. Some of the difficulty lies in the fact `that U.S. production costs are higher than abroad. Also, the decrease in border equalization taxes in all Common Market countries except France will offset most of the tariff cuts made in the common external tariff. In addition, other non-tariff barriers will tend to nullify tariff reductions gained by the U.S. in the Kennedy Round. In the U.S. market, however, product-by-product evaluations show a severe im- pact by imports on many MCA member companies' products and profits. Members of the MCA, therefore, believe that the United States must find a way to determine the `balance of new export opportunities resulting from trade nego- tiations. Considering the current difficulties with `the U.S. balance-of-payments, these considerations are essential to effective bargaining in the future. v. TRADE EXPANSION ACT OF 1968 A. Eatension of President's Tariff Negotiating Authority-Title II The Administration seeks tariff negotiating authority of the "housekeeping" variety in Title II of HR. ~17551. The extension of the authority `of the Trade Expansion Act (TEA), Sections 202 and 211, would `allow negotiations of duty free treatment for `low-rate articles and categories of materials where U.S. and European Economic Community (EEC) account for 80 percent or more of world trade. It is our view that now is not the time for further reductions in `tariffs. Never before have such extensive tariff cuts been made as were neao'tiated in the Kennedy Round. It will take years to pro'perly evaluate the effect on the TJ.S. economy of such large reductions. Since further tariff reductions can hardly be needed for "housekeeping" purposes, MCA urges that the authority of TEA Sections 202 and 211 not be extended. With these modifications, the MCA would support extending the President's negotiating authority. B. Libera7i~ation of the Adjustment Assistance Provisions of the TEA-Title Iii The MCA has stressed the need for adequate escape clause procedures to permit tariff adjustments by the President when trade concessions contribute to increased imports which result in injury to U.S. industry. Presently the adjustment assistance and escape clause provisions of the Trade Expansion Act provide that a petitioner must prove (1) that as a result of tariff concessions, the article is being imported in such increased quantities as to cause serious injur,v to the domestic industry. and (2) that such increased imports were `the major factor in causing or threatening to cause injury to the petitioner. PAGENO="0055" `4495 This imposes upon the petitioner an almost impossible burden of proof. In the five-year period since 1962, over twenty firms and groups of workers have attempted to obtain adjustment assistance under the TEA, but none was found to meet the criteria for eligibility. Ambassador Roth summed up the problem succinctly in his statement before the Subcommittee on Foreign Economic Policy (July 11, 1967) "In the complex environment of our modern economy, a great variety of factors affect the productive capacity and competitiveness of American pro- ducers, making it virtually impossible to single out increased imports as the major cause of injury. In fact, it has usually been impossible to prove that tariff concessions were the major cause of imports." In addition to liberalizing the eligibility criteria for adjustment assistance for firms and workers, MOA believes the proposed legislation should also liberalize to the same extent the eligibility criteria for escape clause relief for industries. Industry faces the same difficulties of proof as firms and workers when suffering injury-warranting tariff adjustments. C. The gupplemental Agreement Relating Principally to Chemicals-Title IV Approval of the separate agreement called the "Kennedy Round Agreements Relating Principally to Chemicals Supplementary to the Geneva (1967) Protocol to the General Agreement on Tariffs and Trade" would eliminate the American Selling P:rice system of valuation and further reduce duties on some other chemical products in return for further reductions and other concessions from EEC countries, U.K., and Switzerland. The Kennedy Round was the sixth and most ambitious round of tariff reduc- tions under the auspices of the General Agreemenit on Tariffs and Trade (GATT). In obtaining authority for these negotiations, President Kennedy stated in a Special Message to Congress on Foreign Trade Policy (January 25, 1962) "I am therefore requesting two basic kinds of authority to be exercised over the next five years: First, a general authority to reduce existing tariffs by fifty percent in reciprocal negotiations." and "But let inc emphasize that we mean to see to it that all reductions are recip- rocal-and that the access we gain is not limited by use of quotas or other restrictive devices." (Emphasis added.) It is the considered opinion of the U.S. Chemical industry that the results of the Kennedy Round negotiations, insofar as the chemical sector is concerned, are far from. reciprocal. In exchange for reducing the U.S. tariffs on chemicals by an average of 43 percent, the EEC and the United Kingdom, principal over- seas trading partners, are reducing their tariffs by an average of about 20 per- cent. This agreement is clearly not reciprocal because the Congress is asked to make further concessions in order to get the EEC and U.K. to. reduce their tariffs to the same level as those already agreed to by the U.S. The chemical industry has been quite concerned about the adverse trends in trade which have taken place under the tariff levels prevailing before the Kennedy Round. While our industry's exports have increased, the chemical ecports of other countries have been growing at a faster rate. U~S. chemical imports in the period 1960-66 have increased an average of 12.2 percent per year, while U.S. chemical exports have increased only 6.9 percent per year. (See Exhibit A.) Never in our previous history had it been proposed that tariff protection on a broad range of products be reduced by as much `as 50 percent. Because of this, Congress was careful to insist that these tariff cuts be made in five annual in- stallments so that the impact on industry would be softened to some extent at least. Yet the Administration now proposes even greater tariff reductions than those authorized by the Trade Expansion Act of 1962. MCA urges that Congress not further compound the injury by endorsing the Supplemental Agreement Relating Principally to Chemicals. The proposed legis- lation goes beyond the scope of the Act, and the intent of Congress in authorizing trade negotiations (1) by reducing the tariff rates on some chemical products by more than 50 percent, and (2) by eliminating the American Selling Price (ASP) method of tariff valuation. In addition, the Supplemental Agreement contravenes the wishes of the Senate as expressed during 1966, in Senate Resolu- tion 100, in that it was negotiated without prior authorization of the Congress. Another unfortunate consequence of approval of the Separate Package is that the tariff rate would be reduced on 69 important, low-duty rate, non-benzenoid PAGENO="0056" 4496 chemicals to the full 50 percent cut from 20 percent and on 9 products by more than 50 percent. As one example, sodium nitrite would be reduced from a tariff of 3.60 per lb. to 10 per lb., or a cut of 72.2 percent. The American Selling Price as a system of customs valuation has been best described by Mr. Earl V. Anderson (Senior Associate Editor, Chemical and Engineering News) in an article entitled "An American Views American Selling Price" published in February 1967 issue of "European Community" (p. 13) "What is ASP? Simply stated, it is a system by which duties on certain im- ports are calculated as a percentage of their domestic wholesale price rather than their foreign, or export, price. These `certain imports' include canned clams, knit gloves, rubber footwear, and competitive benzenoid chemicals. For all prac- tical purposes, the entire ASP argument revolves around the benzenoid chemicals. "The uproar attenting ASP has set it apart from all other tariff systems in the world. It is thus easy to assume that ASP applies to all U.S. imports. It does not. Nor does it apply to all U.S. chemical imports. In fact, it does not even apply to all U.S. benzenoid imports. It applies only to the benzenoids deemed `competitive' with domestic products." 1. Economic Impact on Chemical Industry At the request of the STR, the Tariff Commission during 1966 investigated and developed converted rates for ASP items which were reported as an equiv- alent. These converted rates were computed for each benzenoid product or group of products (using foreign invoice valve) which would return to the Government and amount of revenue equivalent to that actually received on these products in 1964. Even though the Tariff Commission was requested to indicate its assess- ment of the degree of equivalency of protection achieved, the goal before the Commission was equivalence of revenue, not of protection. The procedure actually used was to lump noncompetitive benzenoids in the same basket With competitive ones. Since the American Selling Price applies only to competitive benzenoicls, i.e., those made in the United States, the proposed equivalent converted rates actually increased the tariff rates on many dyes which are not made here and decreased the rates on the dyes made by U.S. industry. This statistical averaging so reduced the rates on some products that some company representatives testified that they would expect losses in meeting foreign competition. Representatives of many benzenoid-producing companies testified during the Tariff Commission hearings that the converted rates, subsequently reduced by 50 percent, would bring import competition that would not merely diminish profits, but actually convert them into losses. By proposing maximum tariff ceilings, the Administration is now asking Congress to ratify tariff cuts on many benzenoid products in excess of 50 percent, the maximum authorized by TEA. Details of economic impact resulting from tariff reductions on benzenoid chemicals were studied and analyzed by the Tariff Commission after extensive hearings on this subject held in September 1966. The results were published in two volumes which have not as yet been released to the public by the Special Representative for Trade Negotiations on the grounds that both volumes contain confidential information. We feel certain that the Tariff Commission study clearly indicates how seriously the domestic benzenoid chemical industry would be hurt by the elimination of ASP. The chemical industry should have an oppor- tunity to study and consider the conclusions of that study. Diminished profits and dollar losses, because of lowered duties, are predicted for several very sound reasons. U.S. chemical producers are at a serious clis- advantage compared to overseas producers whose wage rates are much lower. Government published data indicate a range of from 700 to $1.38 per hour overseas as compared to $2.98 per hour for U.S. average (Exhibit B). Companies with plants in Europe know that these averages understate the differences. Also, because of antitrust laws, domestic producers cannot rationalize production as can and is being done by overseas competitors. 2. Effect of Lowering Duties on E~vport Opportunities The chemical industry being a major exporter and having foreign operations is constantly reviewing the effect on imports of tariff and other controls imposed by foreign countries. The question of the benefit that would be received by the domesftic chemical industry from enactment of the Separate Package has been considered. On the face of it, the domestic industry would get a further 30 percent :reduc thou in foreign chemical tariffs on many chemicals exported to EEC and U.K. In PAGENO="0057" 4497 the Spring of 1963, MCA members were canvassed for their views on whether their exports would be increased if foreign tariffs were reduced 50 percent. Several times after that and before the conclusion of the Kennedy Round, mem- bers were again asked about export opportunities in event foreign tariffs were lowered. Each time the result was the same, and with few minor exceptions, members advised that they did not believe that their exports would increase sig- nificantly if foreign tariffs were lowered by 50 percent. Under these circum- stances, it seems clear there is little or nothing to be gained for the American chemical industry by enactmenit of the Separate Package because it is not be- lieved that any new export opportunities would accrue. 3. Effect of Enactment on Employment During 1966, many chemical companies ified briefs and gave testimony before the Tariff Commission and the Office of the Special Representative for Trade Negotiations pointing out that lowering of tariffs on benzenoid chemicals and the consequent increase of imports would have a serious economic impact upon this segment of the chemical industry. It was predicted that the lowering of tariffs would force this portion of the industry, which is composed of U.S. com- panics employing about 116,000 persons, to not only curtail employment, but even to abandon some benzenoid production facilities. 4. Effect of Enactment on U.$. Defense Establishment Benzenoids are the building blocks on which many defense-oriented products are based. The following are only a few of the military uses instantly available as derivatives from one intermediate (aniline) : Dyes for uniforms, depth charge markers, camouflage and smoke pots, sulfa drugs to treat wounds, burns and general infections, accelerators and peptizers for synthetic rubber, as well as insecticides, fungicides, and wood preservatives. Other military products derived from benzenoids include: detonators for ICBM's, napalm, CS tear gas, protective nylon vests, and herbicides for defoliation. Approval of the Separate Package which would lower the duties on benezenoid chemicals would provide unfair competition and even force abandonment of the production of some benzenoid chemicals. Serious consequences may result if a chemical industry that supplies basic defense needs is not maintained. 5. Effect of Enactment on Research and New Product Development Approval of the Separate Package could result in the abandonment of substan- tial portions of domestic benzenoid facilities, weaken the competitive position of the industry, and reduce profits; the vast amount of research currently being carried on in this field will inevitably be curtailed. The benzenoid industry is only a segment of the total chemical industry, but it has been, and continues to be, the seedbed of many of the chemical industry's new ventures. Man-made fibers are an outstanding example; nylon and polyester fibers are of benzenoid origin. In addition, benzenoid intermediates are converted into polymers for manufacture of film and plastic products which now constitute large industries in themselves. During the period 1956-1963, U.S. firms introduced 48 new products in the crop protection field; 1 during the period 1959-1965, American dye manufacturers introduced 409 new color index types, each representing a new dye structure, all of which are benzenoid in nature; 2 and, in the medicinal chemicals field, U.S. firms introducd 133 new benzenoid chemical types during the years 1956-1963. 6. Effect of Enactment on Benzenoid segment of the Chemical Industry The net result is to make it more difficult to compete, especially in industries where the labor content is high, such as in a large segment of the benzenoid chemi- cal industry. Adequate profits are needed in order to attract expansion capital, support research for innovation, and the development of new products. Even with the ASP, for the years 1963 to 1966 (selected so that effects of the Dillon Round tariff cuts would be shown), imports in the dutiable benzenoid chemical area have increased an average of 34 percent per year. With the tariff on most benze- noids cut by 50 percent in the Kennedy Round, imports can be expected to increase even faster. If ASP is eliminated and the tariff cut contained in the Separate Package enacted, it is our view that the domestic benzenoid chemical industry will deterio- 1 Guide to Chemicals Used in Group Protection 1964 Research Institute, University of Western Ontario. 24merican Association of Tea~tile Chemists and Colorists Yearbooks. PAGENO="0058" 4498 rate. The abandonment of substantial portions of this particular business to foreign producers would further swell the influx of imports. Deterioration of the benzenoid segment of the industry could lead to a possible shortage of essential war materials. 7. Views of Foreign Countries To obtain a better perspective on the overall effects of the Kennedy Round and the Supplemental Agreement, it would be appropriate to consider what chemical yepresentatives overseas think of the results of the tariff negotiations at Geneva. Business Week (5/20/67) quoted the comment of a spokesman for a German company: "Germany's big chemical makers are rubbing their hands in anticipation." A representative of Farbenfabriken Bayer AG put it more graph- ically: "We feel like a little boy," he said, "who has been promised an electric train for Christmas." Desmond Fitzpatrick expressed similar viewpoints in the July 15 issue of Chemical Age, a British publication. In bold face type, setting the tone for the rest of the article, it is stated (p. 17) "If, however, we assume that Congress agrees to the necessary legislation, the prospects in the U.S. market for British and Continental producers of benzenoid chemicals will be revolutionized. This is true in particular when low cost, high tonnage materials are considered." in the body of the text we find: * * but when all is said and done, EEC's reductions are a matter of a few percentage points: they are not likely substantially to affect access to the market. Britain's reductions are more substantial but they have neither surprised nor shocked the chemical industry. "The real difference to world trade is likely to arise from the offers, absolute and provisional made by the U.~$. There is no need to see the details of the U.S. schedule of offers to assess the yevolutionary effect of the general undertakings her negotiators have given." "*** "The U.~S'. has conceded most by accepting, provisionally, a maaimum duty of 20 percent which, though higher than any proposed final duty of EEC or UK, represents reductions in many cases of as much as 80 percent. If these reduc- tions are completed, there seems little reason why, within a few years, British and Continental manufacturers should not take a profitable share in this vast market * a ~ (Emphasis added.) From the foregoing it is evident that both foreign and domestic chemical producers view the effects of the Kennedy Round negotiations, including the Supplemental Agreement, in the same light. Apparently, our foreign trading partners think that they have a bonanza, and we agree. VI. CHEMICAL TRADE BALANCE AND THE U.S. BALANCE OF PAYMENTS The TJniteci States is in serious economic difficulty compared to other major countries with which we must compete. Economic changes have made past for- eign trade policies obsolete. It is, therefore, time to formulate new U.S. eco- nomic policies based on anticipated situations. During the past decade, the domestic chemical industry has made a major contribution to this country's favorable balance of trade. In 1967, chemical exports were valued at about $2.8 billion, imports at $958 million. Thus, the contribution of the industry to a favorable balance of trade was $1.84 billion. As shown by Exhibit C, the overall U.S. balance-of-payments has shown a minus figure in every year since 1960. The $3.6 billion deficit in 1967 is one of the worst in the nation's history, the fourth quarter reaching an alarming equiv- alent annual rate of $7.5 billion. The early months of 1968 show a continuing serious level of deficit. The first quarter of 1968 shows imports up 17 percent over 1907 and exports up only 3 percent. The irrefutable facts indicate that a favoral)Ie trade balance for the TJ.S. chemical industry is essential to the solu- tion of balance-of-payments problems. Our industry believes that actions by our major trading partners have a sig- nifleant effect on the U.S. balance of trade, and some of these must be countered. One of the most important is the use of the indirect tax system, well estab- lished in the Common i\iarket and spreading throughout Europe. The U.S. Treasury Department predicts that recent changes in import border taxes and rebate of indirect taxes on exports by some European countries will have an adverse impact on the U.S. balance of trade. It is, therefore, necessary to examine tax systems, and to take compensating or countermeasures. PAGENO="0059" 4499 A. Border Tanes In meetings of chemical industry representatives with the Department of Collimerce on non-tariff barriers in 1963, the effect of border taxes was reported. In February 1966 the MCA provided the STR a report on border taxes. In this report prepared by Horace J. Dc Podwin Associates, Inc., the effect of European border taxes on U.S. chemical exports were detailed. Early in 1967, the U.S. negotiators in Europe were given an updated summary of the effect of border taxes on U.S. chemical exports. Also, the expected damage to U.S. exports from the expected increase to 14.7 percent of the Common Market border tax was stressed. r2lie Common Market countries are in the process of harmonizing their border taxes and export rebates, first by shifting from the "cascade" types of turnover tax systems to a uniform value-added turnover tax (TVA) system, and second, by harmonizing at a single rate for the entire EEC. At least one non-Common Market country has already changed to a PVA system (Denmark) and others are seriously studying similar changes (U.K. and Sweden). The adverse effect upon our trade of the adoption of the Ti/A system is a most immediate problem as demonstrated by the changes recently implemented by Germany. Before January 1 of this year, Germany had a cascade-type turnover tax sys- tern under which each sale of a product in Germany, either domestic or imported, was assessed a tax at the regular rate of 4 percent of the selling price including the tariff. Products of U.S. manufacture. imported into Germany were therefore subject to an initial tax of approximately 4 percent at the .border and additional tax each time the product was sold in Germany. On January 1, Germany switched to a Ti/A system under which a tax of 10 percent of the value added is charged instead of the 4 percent tax on the entire value as had been charged under the "cascade" system each time the goods were sold. Products of U.S. manufacture imported into Germany are now burdened with an initial tax of 10 percent at the border. The additional tax burden attracted by subsequent sales in Germany is limited .to 10 percent of the value added after importation. On July 1, 1968, the r.ate will be increased to 11 percent. France has for years employed a type of TVA. system. Ultimately all EEC countries will agree on a uniform TVA tax rate estimated at approximately 15 percent. The German border tax adjustments are used as the reference frame- work for the comments which follow. It has been argued that American manufacturers are not disadvantaged by border adjustments under the TVA system. We submit this is not so. B. Disa~dva~itage of Tan Systems Changes The switch from the *cascade4ype turnover tax system. to the TVA system in Germany has adversely affected American chemical exporters in several ways. MCA members have found that for many major product exports, the border tax adjustment, under the previous system, was less for both imports and export.s than the higher cumulative tax cost reflected in the German producers' domestic price for a given product. Under the new system, the tax is no longer an element of cost to the German producer since he can pass it on in the same way as does an importer. As a consequence, he has been under pressure from German customers to reduce his selling price to reflect the tax saving. MCA members have reported that, when the switch to TVA was made, the German chemical manufacturers, in many cases, ha.d in fact reduced his selling Price. To compete, the American company frequently found it necessary to reduce its selling price to the German customer by a like amount. When the amount of the price reduction of the German chemical manufacturer exceeds the theoretical turnover tax burden of approximately 4 percent' and to the extent the American exporter finds it necessary to match the price reduction, lie suffers a loss of profit, the exact amount varying with each product. Many MCA members have confirmed that in Gemarny, for many products, this is what has happened.2 C. T1~e Theory of Tan Shifting All turnover taxes, such as value-added taxes, are indirect taxes, and under the GATT it has been assumed that their burden is always shifted completely `Often the tax base for the imported merchandise was the price to the German distributor rather than the distributor's price to its German customer and the sale to the German cus- tomer would involve only one transfer. When this was the case, the turnover tax burden of the imported merchandise was less than that of domestically produced merchandise. MCA members report that for some imported chemicals the actual burden was as low as 2 percent. - See Appendix A for statement by Stanley 5. Surrey, Asst. Sec. of Treasury. PAGENO="0060" 4500 forward and absorbed by the consumer. Conversely, the CAPT rules assume that direct taxes, such as income taxes, are always and completely borne by the pro- ducer. Theoretically this, of course, means that with respect to indirect taxes, each seller would increase the price of its product by the amount of the tax so that the final price of the product to the consumer would include the tax and thus be entirely absorbed by or shifted to the consumer. Conversely, direct taxes would be borne entirely by the seller and that no matter how heavy the income tax, none of it is ever passed on to the buyer in the form of higher prices. In recent years this classic assumption has been questioned, and it now seems to be recognized that indirect taxes, sue/i as the TVA, may be shifted forward only in part with some part of the tax being shifted backward. Likewise, it is now recognized that a considerable portion, if not all, of direct taxes is passed forward to the consumer.' The exact extent of such shifting is not known, and shifting itself is difficult to measure. It obviously differs from product to product depending upon the supply, demand and the multiplicity of other factors affecting price. It seems clear, how- ever, that under existing CAPT rules American commerce is disadvantaged in international trade to the extent there is backward shifting of indirect taxes or forward shifting of direct taxes.2 D. Proposed t7.~. Action on Border Taxes The chemical industry believes that the U.S. must take certain measures that will affect both U.S. imports and exports. An attempt should be made to have the GATT rules amended to allow for rebates of direct as well as indirect taxes, or to have the nations that impose border taxes remove them. Failing to achieve these objectives, a border tax should be imposed on the nations that assess them against U.S. imports. Those nations which do not apply the import tax should be exempt from this tax. Another possible solution would be to adopt a sliding-scale formula for border taxes which would vary with the balance-of-payment surplus of the nation. B. ~nrc1targe on Imports One of the ways to help solve the balance of trade and of payments is to place a temporary surcharge on imports. This method has been used by Britain and Canada in the past. We agree that imports should be temporarily deterred and exports should be increased to improve the balance-of-payments. For that reason, we support the proposal as a temporray measure. It is important that any such surcharge should not be applied to essential raw materials in which the U.S. is not self-sufficient. F. Other Incentives That Could Lead to an Increase in tT.2. Exports One of the most positive ways to alleviate our persistent balance-of-payments problem is through an increase in exports. The rebate of taxes on exports would be one way to accomplish this. For a number of years, Government and indus- try have cooperated in this effort through vehicles such as the National Export Expansion Council. Despite a number of positive steps such as improvement of export credit facilities and greater emphasis on commercial functions in U.S. Embassies, the goal of a quantum increase in the trade balance has eluded us. This is all the more frustrating because of the relatively minor increase in ex- ports-in terms of our vast production-needed to solve the problem. The Government is now exploring the incentives that might be used to bring about this desired result. From a chemical industry point of view we tend to agree that some system of export incentives is necessary to favorably modify the economics of exporting many of our products. Several studies have been made by the National Export Expansion Council dealing with incentives that could increase exports. It is suggested that the recom- mendations contained in these studies should be considered during review of U.S. trade policy by the Committee. The MCA believes that income tax incentives will have more impact and. accordingly, will be more helpful in increasing exports than the rebate of indirect taxes. Under the GATT rules such incentives to domestic companies apparently cannot be provided. However, the foreign sales companies which were so popular before the 1962 Revenue Act were never considered as violations of GATT even though the foreign sales income was not currently taxed by the United States. The export trade corporation provisions in subpart G of the Internal Revenue 1 Chemical Engineering News, page 19, May 20, 1968. 2See Appendix A. PAGENO="0061" 4501 Code retain, on a limited basis, some of the benefits of these foreign sales companies. The rules under which export trade companies qualify for these benefits should be simplified and liberalized in order to make these companies real incentives for additional exports. If the proposed changes in the GATT rules could be negotiated to enable member countries to allow rebates or reductions in direct taxes on exports, several other tax incentives for exports would be available. These might include extending the Western Hemisphere trade corporation rates to companies dealing in other parts of the world. They could also include additional investment allow- ances or depreciation on capital equipment used in producing goods for export or allowing companies engaged in export activities to expense more than 100 percent of their actual costs incurred in promoting exports. G. Foreign Investments as Force for Growth The rapid growth of international investment has been one of the most dynamic forces at work in developing the world's economy in the two decades following World War II. It has opened up new fields of production, employment, and income. It has increased the flow of technology and trade. It has enhanced the wealth of nations and the prospects for a more durable peace. The United States has been the leader in international investment-particularly the chemical in- dustry as referred to earlier. Due to the persistent balance-of-payments deficit and the resultant drain on the nation's gold reserves, American companies were asked in 1965 to cooperate in a voluntary program of restraint in direct foreign investment. Nearly 700 companies including chemical companies voluntarily acted to curb the dollar outflow, modifying or postponing overseas projects, financing through foreign borrowing, and taking other measures to meet the short-term need of the United States in its efforts to balance its international accounts. At the outset, the voluntary program was recognized and described as a stop- gap measure Which would only temporarily interrupt the process of direct foreign investments which so successfully served the ~conomic interests of the United States and its free world friends and trading partners. The flow-back income of U.S. subsidiaries and affiliates abroad exceeded $4 billion, not including more than $1 billion in royalties and fees, `last year while the outflow, after deductions for foreign borrowing, amounted to $2.9 billion. The positive contribution of direct foreign investment and the export growth it generates is one of the `more signifi- cant factors in our international `transactions. Faced with a worsening balance- of-payments problem, President Johnson announ'c~d, on January 1, 1968, a manda- tory investment control program. This proves to be even more restrictive and contrary to the best interests of the U.S. The beneficial force in foreign investment by U.S. companies has now been encumbered with restraints for three years. We urge a review of U.S. policy in this field with a view to ending the investment control progra'm. About 25 percent of all U.S. manufactured export's are shipped to overseas sub- sidiaries. The level of U.S. merchandise exports has closely followed the flow of direct foreign investments, conclusively indicating the relationship between export growth and capital investment abroad. Curtailment of overseas expansion thus adversely affects our trade `surplus as well as our competitive position in world markets. For competitive reasonS or for reason of restrictive sovereign policies, it is necessary to operate production facili- ties within the borders of certain countries in order to gain or maintain access to markets. These plants are America's best overseas customer. Direct foreign investment benefits are exports through (1) shipment of capital goods, supplies, and components and (2) opening the door to other product lines. American international investment exerts a powerful influence on the level and structure of world trade. Continued curtailment of foreign investment will tend to retard world growth and diminish our own prosperity and economic progress at home. U.S. foreign trade policy should therefore encourage direct foreign investment both as an instrument of world economic development and a positive long-term factor in the balance-of-payments. vii. ROLE OF THE TARIFF COMMISSION The ITS. Tariff Commission was created by the Congress to assist it in the exercise of Congress' power to regulate commerce with foreign nations. The Tariff Commission is an arm of the Congress, and one of its major functions is to investigate matters pertaining to foreign trade and their effect upon industry PAGENO="0062" A a'~C~ and labor and to submit reports of its investigations. The Tariff Commission has power to investigate such matters as tariff relations between the United States and foreign countries, commercial treaties, economic alliances, the vol- ume of importation compared with domestic production and consumption, and conditions, causes and effects relating to competition of foreign industries with those of the United States, including dumping and cost of production. MCA believes that the Tariff Commission should exercise to the fullest possible extent its investigative power. In this way the Congress can be assured of hav- ing accurate information concerning foreign trade matters, and this is an indis- pensable prerequisite to the development of U.S. foreign trade policy. Of course, it follows that MCA believes adequate funds should be appropriated so as to enable the Tariff Commission to carry out this important function efficiently and with dispatch. ExHIBIT A. U.S. EXPORTS AND IMPORTS OF CHEMICALS AND RELATED PRODUCTS 1 Year Exports (millions) Percent change Importsa Change Trade (millions) surplus 1960 $1,803 $452 $1,351 1961 1, 816 +1. 0 456 +1. 0 1, 360 1962 1,883 +3.5 514 +12.0 1,369 1963 1,994 +5.7 524 +1.7 1 470 1964 2,375 +19.0 596 +14.0 1 779 1965 2, 402 +1. 1 720 +20. 5 1, 782 1966 2,676 +11.4 901 +25.0 1,775 Average annual rate 6. 9 12. 2 I Based on Standard International rrade Classification, revised, United Nations statistical paper, seriesM, No. 34. 2 U20s not included in sec. 5, imports. ExHIBIT B C OMPARISON 0 F HOURLY WAGE RATES (CHEMICAL INDUSTRY) United Federal United States Kingdom Republic of Germany France Italy Sweden 1 Japan 1960 1961 1962 1963 1964 1965 1966 $2. 50 2.58 2.65 2.72 2.80 2.89 2.98 $0. 92 1.00 1.03 1.10 1.18 1.28 1.37 $0. 68 .77 .84 .92 1.00 1.09 1.16 $0. 60 .64 .68 .74 .79 .84 .87 $0. 39 .43 .49 .56 .65 .67 .71 $0. 42 .46 .51 .56 .61 .65 (1) Sources U.S. Department of Labor; "Year Book of Labor Statistics," ILO Geneva; "Ministry of Labor Gazette," London "Annual Abstract of Statistics," Central Statistical Office, Londoo; "Statistical Year Bank for the Federal Republic of Germany"; Statistical Office of the European Economic Community; Rassogna di Statistiche del Lavoro, Reme; "Wages in; Japan and the United States" (U.S. Department of Labor). 1 Not available. EXHIBIT C BALANCE OF PAYMENTS AND BALANCE OF TRADE [In billionsj Balance o f trade Year Balance of ---~- payments 1 Balance of trade total U.S. chemical 1960 1961 1962 1963 1964 1965 1966 1967~ -3. 9 -2.4 -2.2 -2.7 -2.8 -1. 3 -1. 4 -3.6 +4. 4 ±5.2 +4.3 +5.0 +6.6 +5. 0 +3. 7 +4.1 +1. 4 +1.4 +1.4 +1.5 +1.8 +1. 8 +1. 8 +1.8 1 Liquidity basis. Estimated. PAGENO="0063" 4503 APPENDIX A Stanley S. Surrey, Assistant Secretary of the Treasury, summed up the impact of the switch to value-added taxes as follows: 1 "In the German situation, the rebates for taxes paid on goods purchased by the exporter and import charges under the value-added tax are turning out to be higher than the averages used under the previous turnover taxes. * * * In effect, it would appear that some German exporters presumably have not been receiving rebates at the level that their tax costs under the turnover taxes ap- peared to call for. Of course, German exporters presumably bad adjusted to that situation * * *~ Hence viewed as of today as the starting point in time- which is the proper way to consider the effects of the change-this sudden in- crease in export rebates' under the value-added tax while the internal overall burden of the tax remains unchanged, becomes an advantage to German ex- porters. And equally, the rise in import charges can be added competitive burden to imports.2 "What is happening in Germany is, and will be, reflected elsewhere in Europe as the countries shift to value-added taxes. * * * As a consequence, European exporters in general will get an added lift in most countries." Mr. Surrey analyzes the indirect tax aspect of the problem in this fashion: "The European practice of rebates and import charges for turnover and value- added taxes reflects the basic assumption that such taxes are passed along thr'ough channels of trade so that their burden is borne by households buying goods for personal consumption. * * * As a working assumption for domestic legislation and for general judgments on the distribution of the burden of a tax system or of a new excise or sales tax, it is a useful operational device. But the balance-of-payments world of today, with its fixed exchange rates and the atten- tion that must be focused on both the overall balance and its component parts, including the trade portion, requires much more attention to specific than ever before. * * * "If sales taxes or other indirect taxes-whether they be value-added, how- over, retail or other tax forms-cannot be fully passed on in price, then a manu- facturer selling in his domestic market must lower his prices and reduce his profits. But if the full rebate of the taai cost and the exemption of exports from the tax make it unnecessary to change hi~ export prices, then he is not con- cerned about passing anything along on an export sale, he need not lower his export price, and his export profits would not suffer as would his domestic profits. The business of exporting becomes that much more attractive, and the sales tax system has become an incentive to export activity. Similarly, on the import side, the importer to meet the competition of lowered domestic prices must reduce his price, his profits decline and he is less interested in pushing those imports. In essence, one gets to the question of tax incidence and whether these sales taxes are fully shifted forward in price or only partly shifted. "Put another way, a value-added tax is carefully structured to pass the tax along in an accounting sense. Its effect on international trade, however, depends on whether the economic effects follow the accounting structure. If the tax is not fully shifted forward in an economic sense, then the international trade of the country using the tax will be favored regardless of the accounting struc- ture." (Emphasis ours.) In Surrey's opinion, it is not the levels of rebates per Se and the differentials between them that measure the competitive effects of border tax adjustments. Surrey concludes his discussion with the following comment: "The problem will become more acute if the Europeans take the next step of harmonizing their indirect tax rates * * "Certainly, to the extent that the generalities are not fully valid, the disparity in indirect tax levels can only be working to the disadvantage of the United States in world trade." (Emphasis ours.) "The premises and rules of GATT with respect to export subsidies and border tax adjustments rest on the generalities of incidence and shifting that I have described. Under those premises and rules the European countries have almost 1 Remarks by Surrey before the National Industrial Conference Board on February 15. 1968, "Implications of Tax Harmonization in the European Common Market," pages 2S through 29. Surrey points out, parenthetically: "The Germans assert that these trade advantages are offset by transitory tax arrangements outside the value-added tax affecting investments in plant and equipment, and state that in any event any calculations are to a large extent hypothetical." PAGENO="0064" 4504 entirely kept their high sales taxes from increasing their export costs and prices. The shift to value-added taxes will underscore this effort and make it easier of accomplishment. In addition, to the extent that the incidence of these taxes in the actual economic world is at variance with those premises and rules, the European tax systems operate in the direction of providing a trade advantage for the Europeans." The CHAIRMAN. Thank you, Mr. Gerstacker. Mr. Turchan. STATEMENT OP THOMAS P. TURCHAN Mr. TURCHAN. Thank you very much, Mr. Chairman, and thank you for allowing Mr. Gerstacker to testify first. SOCMA POSITION I appreciate the opportunity you have afforded us to appear here this morning to present the reasons why the domestic benzenoid chem- ical industry opposes title IV of H.R. 17551 which provides for imple- mentation of the so-called separate package agreement on benzenoid chemicals. This agreement is clearly unreci~procal. I shall discuss the lack of reciprocity in three areas: (i) the 50 per.cent-20 percent deal negotiated in the Kennedy round for chemicals, (ii) the "separate" package; and (iii) border taxes. ADJUSTMENT ASSISTANCE AND ESCAPE CLAUSE However, as a preliminary matter, I would like to agree with the comments made by Mr. Gerstacker on title V of H.R. 17551. I must clearly and forcefully state at this point, however, that lib- eralization of adjustment assistance and of the escape clause cannot in any way or in any realistic sense be considered seriously as remedies for the gross lack of reciprocity mentioned. We are convinced that the results o.f the Kennedy round negotia- tions will be loss of jobs and retardation in the creation of new jobs. Adjustment assistance is a mere palliative for this damage, and we wish to make clear that even if adjustment assistance is liberalized, it is no answer to the serious job problem and adverse balance-of- payments impact of these negotiations. We do not object to the liberalization of this adjustment assistance standard, provided the present "escape clause" standard is accorded the same liberalization. We continue to reject the theory that the tax- payers' money should be used to compensate for injury caused by im- ports in lieu of using the "escape clause" to remove the cause of the injury. Thus, at a very minimum, any liberalization in the standard for adjustment assistance should be matched by the same liberalization in the "escape clause" standard. SOOMA SOCMA is a nonprofit trade association of manufacturers of syn- thetic organic chemicals. We have 79 member companies. With the PAGENO="0065" 4505 committee's permission, I would like to present .a list of our members for the record. (See p. 4510.) The CHAERMAN. Without objection, that will be included. Mr. TURCHAN. These companies manufacture over 80 percent of the benzenoid chemicals produced in the United States. They include benzenoid intermediates, which are used in making finished products, and the following principal classes of finished products: dyes, pig- ments, pesticides, plastic materials, photographic chemicals, medici- nals and pharmaceuticals, and flavor and perfume materials. These chemicals derive their tariff protection from subparts B and C, part 1, Schedule 4 of the Tariff Schedules of the United States-protection which would be further drastically reduced under the "separate pack- age" agreement here under consideration. THE INDUSTRY In 1964 the domestic industry produced over 4,000 different ben- zenoid chemicals, with total sales of almost $4 billion. I note paren- thetically that the Government said there were 750,000 benzenoid chemicals and for that reason administration of ASP is administra- tively complicated. Someone must have slipped a decimal or two for there are about 4,000 commercial benzenoids and possibly 2,000 other products in research and development. Total capital investment for the production of these chemicals exceeds $4 billion and the industry employs over 115,000 persons in the production and sale of benzenoid chemicals. The total payroll attributable to benzenoid chemicals is estimated to be in excess of $700 million per year. The benzenoid industry is research minded and is notable as a new product industry. Five percent of each sales dollar is spent on research and approximately 100 new benzenoid products are introduced com- mercially each year. Although they account for only about 10 percent of U.S. chemical production, the benzenoid industry has spawned many new products and some completely new industries. Among the more well-known products of benzenoid research are synthetic fibers, plastics, Corfam, sulfa drugs, and DDT. Benzenoid chemicals are quite rightfully referred to as the "seed bed" of the U.S. chemical industry. Mr. Gerstacker pointed out the international involvement of the chemical industry. He also pointed out the fine trade balance it has produced. This is indeed a most favorable record and, quite frankly, one of which we are proud. CHEMICAL INDUSTRY AND INTERNATIONAL TRADE The chemical industry is very much involved in international trade and investment. It is truly an international industry. U.S. chemical exports are almost three times as much as our chemical imports. The chemical industry balance of trade in 1967 was $1.8 billion accounting for half of the U.S. balance of trade of $3.6 billion. This is indeed a most favorable record and quite frankly one of which the industry is proud. Nevertheless, because the United States is a high-cost country compared to foreign producers, the trade tide is running strongly against us. We find ourselves in an increasingly dis- 95-159--OS-pt. 1O-5 PAGENO="0066" 4506 advantageous competitive position both abroad and at home. Abroad the U.S. share of world chemical exports has declined markedly in recent years. The Department of Commerce measures competitiveness in interna- tional trade by the share which the United States is able to obt.ain of world exports. We believe this to be a reasonable standard. Figures just released by the Department show that in the past 6 years the U.S. share of world chemical exports to countries other than the United States has declined from 29.5 to 23.7 percent, almost triple the amount of the decline in the U.S. share of world exports of all manufactures- International Commerce, June 10, 1968. I would like to digress from my text at this point to remind you that the trade tide is running strongly against the entire U.S. economy as was shown in the morning's report on May's deficit performance in international trade. In my judgment the most important thing that you and we must look at is the direction and the rate of our trade bal- ance. It is no use looking at past performance. We must be conscious of what is transpiring now because that is what is going to have the greatest effect. In order to attempt to maintain its position in foreign markets, U.S. chemical companies have found it increasingly necessary to seek a lower cost base by investing in production facilities abroad. Table 12 submitted by the Government shows that since the passage of the Trade Expansion Act in 1962 investment abroad in manufacturing generally has risen at an average annual rate of 17 percent per year. However, U.S. investment abroad in chemicals has risen at almost twice that rate-33 percent-and this year will account for almost 30 percent of the total new investments abroad by U.S. manufacturing companies. Since 1961, U.S. chemical imports have been increasing at more than twice the rate of our chemical exports. The value of domestic ship- ments has increased annually at a rate of about 7 percent as compared with an increase of almost 14 percent per year in imports. In the ben- zenoid sector the rise in imports-under pre-Kennedy round duties- has been twice as great. From 1961 to 1966, the last year for which Tariff Commission figures are available, benzenoid imports rose 130 percent-an average of 18 percent a year. From 1964 to 1966 the in- crease was 80 percent-an average of 34 percent a year. By 1967, before the Kennedy round, we had reached the point that the basic cost disadvantages of U.S. benzenoid producers was resulting not only in the loss of foreign markets for our exports, but we were facing a loss of a continually greater share of our domestic market. This deterioration of the position of the U.S. industry will now be ac- celerated. The rapid expansion of foreign chemical production to take advantage of the new situation will further accentuate the downward trend in the U.S. share of world chemical trade and we are going to have to meet rapidly increasing competition from low-cost imports in the United States. COMPETITIVE PO5ITION I want to make clear that I am not suggesting that the domestic chemical industry is inefficient or noncompetitive. On the contrary, it is an efficient competitive minded industry. While the wholesale PAGENO="0067" 4507 price indexes for all commodities has risen more than 8 percent in the last 10 years, the index of chemical prices has actually declined. (Sur- vey of Current Business, May 1968.) Given anywhere near the equiv- alent conditions-equal costs for labor and raw materials-we can compete favorably with any chemical industry in the world. We have demonstrated this time and time again in the performance of our for- eign subsidiaries. As efficient and competitive as the domestic chemical industry may be, it cannot compete favorably with imports having the benefit of substantially lower raw-material costs and labor costs from one-half to one-fifth of our own. Unless chemical tariffs are maintained at a sufficient level to offset these substantial differences in production costs, large portions of the U.S. chemical industry are going to continue to lose their share of the market unless they seek out lower cost manu- facturing bases abroad. This has already been necessary in order to try to salvage what had previously been our export markets. Whether or not we will be able to maintain our share of the domestic market will depend in large part upon the decisions made by this committee and by the Congress. Let me make it extremely clear, the U.S. chemical industry has no desire to produce any more abroad than it absolutely has to. It has no desire to export capital or the jobs of its workers or to have to export chemicals to the United States from lower cost facilities abroad. In- deed, it is for that reason we are here this morning. THE CHEMICAL DEALS AND RECIPROCITY It is in the context of this general economic background that I would like to turn now to the deals negotiated on chemicals in Geneva. Later in our statement we will provide you with specific and detailed analysis of the economic consequences of this deal. I did, however, want to put this in a general economic context at the outset, because the hearings on the separate-package portion of this legislation presents the oppor- tunity for the Congress to review the entire chemical negotiations and to take the steps necessary to provide reciprocity for our industry and its workers and to safeguard our Nation's balance of payments. RECIPROCITY-THE KEY ISSUE I need not emphasize to :this committee that the underlying require- ment of the Trade Expansion Act was reciprocity. The deal negoti- ated with respect to ASP not only is not authorized under the TEA, but it in no way even begins to provide the reciprocity called for in that act. This lack of reciprocity will have a serious adverse effect upon the domestic industry, its workers and the United States rapidly deteriorating balance of trade and balance of payments. Reciprocity.-That is the key issue. I would like to summarize the three ways in which the deals negotiated on chemicals in Geneva last year deprived the United States and its chemical industry of reciprocity. 1. Fifty percent4~O percent deal.-First, pursuant to their Trade Expansion Act authority, the U.S. negotiators agreed to an unrecip- rocal bargain-a patently unreciprocal deal. They agreed to reduce PAGENO="0068" 4508 our chemical tariff `by 50 percent in return for reductions of 20 per- cent by our principal European trading partners. The key issue in determining reciprocity is the effect on future trade. Where costs of production abroad are lower than in the United States, it `takes a greater cut in foreign tariffs-assuming tariffs are the only trade barrier, which we know they are not, to generate an equivalent export increase. If there were to `be unequal cuts, clearly theirs should have exceeded ours. Even when judged by the trade negotiators' own obsolete standard of equal percentage tariff reductions by both sides (rather than the future trade effect of the cut) the 50 percent-20 percentage bargain agreed to in Geneva gives away a 30-percent reduction in excess of that which our own negotiators' standard of reciprocity would require. 2. Separate pacleage.-Second, our negotiators agreed to the so- called separate-package agreement which it is now submitting to the Congress. Under this agreement the United States would abolish American selling price valuation and reduce still further the tariff on literally hundreds of chemicals in excess of the 50-percent reduc- tion auth'orized under the Trade Expansion Act. In exchange for this concession, our European trading partners would reduce their tariffs by~ an additional 30 percent and thereby match the 50-percent reduc- tion we agreed to in `the Kennedy round. We have carefully studied this separate package and the effect it would have upon our industry. There is not the slightest question but that `the retention of American selling price valuation and prevention *of still further duty reductions on a plethora of U.S. products is of significantly greater trade value to this industry and to the United States than the additional 30-percent reduction in foreign tariffs which the separate package' offers. The acceptance of this package will cause a substantial increase in chemical imports which will not be matched by additional exports from the reductions to be made by our trading partners. 3. Border taxes and export ~ebates.-Finaily, these unreciprocal chemical deals were made `still more unreciprocal `by the border tax- export rebate mechanisms emp'l'oyed by most of our principal Europe- an trading~ partners. While we were agreeing to reduce substantially our entire barrier to their exports (tariffs), they were agreeing to lesser reductions in their tariffs, which are only `a portion of their barrier to our exports. They made no reduction at all i,n their border taxes, the `other significant part of their `overall trade barrier. As if this were not enough, our negotiators knew at the time they agreed to these deals that most of the `Common Market countries would be raising their border taxes `by more than they were agreeing to lower their tariffs. The end result was that their total barrier to our trade- tariff plus border taxes-will be higher after the entire Kennedy round reduction than `before the Kennedy round `began. What the' Common Market was giving with one hand in the form of tariff reductions, it was more than taking away with the other by raising border taxes. Moreover, our trade barrier was not only cut in half, it is still further undermined by increased European export rebates. Simultaneously, their overall trade' barrier to imports is higher than it ever was. What kind of reciprocity is that? PAGENO="0069" 4509 The lack of reciprocity in each of these three areas is manifest; combined it is nothing short of disastrous. We welcome the oppor- tunity for this committee to weigh the serious adverse economic effect which this gross lack of reciprocity will have upon our industry, its workers, and the U.S. balance of payments. FOREIGN REACTION The lack of reciprocity in these negotiations is underlined by the reaction of our European trading partners to the chemical deal. In announcing the successful conclusion of the negotiations, M. Jean Rey, the Common Market's chief negotiator, commented: The U.S. finally gave way on chemicals-which we, of course, had to give a few concessions. But all in all we are clearly happy about the outcome in that particular sector.-Washington Post, May 16, 1967. That same week, Business Week carried a comment giving the re- action of European industry to the deal: Germany, big chemical makers are rubbing their hands in anticipation. Says spokesman for Farbenfabriken Bayer, AG, "We feel like a little boy who has been promised an electric train for Christmas."-Business Week, May 20, 1967. The U.S. chemical industry agrees with the European negotiators and their industry representatives that they came out way ahead in the chemical negotiations. I noted with interest that the Government told this committee, in response to questions, that HI.R. 17551 is not part of the administra- tion's balance-of-payments program. It is significant that the Government presented to `this committee no meaningful study of the balance-of-payments impact of the chemical deal negotiated in Geneva. Our industry has studied this matter carefully, for its affects us vitally and we are satisfied that because of the lack of reciprocity, our balance of payments will indeed suffer further serious setbacks. My company and many of our member companies are international companies. We know that plants are being built abroad which will enable our foreign competitors to flood chemicals into the U.S. mar- kets. And we know that Japan and Europe, with the advantages of low-cost production and rationalization, having already taken over a larger share of the world export trade and can and will take over in- creasing shares of the domestic market and of our own export business. RECOMMENDED ACTIONS We say to the committee as seriously as we can that the time has come for the United States to take action in this all-important trade field in its own interest. We welcome and support the views expressed by members of the committee during this hearing and by representa- tives of industry and labor that the time has come for the United States to take action promptly. First, we urge the committee to act now by rejecting the separate package. Second, we urge that the committee deal affirmatively with the border tax issue to eliminate the disadvantages to our trade. PAGENO="0070" 4510 To eliminate these disadvantages we propose the United States act promptly to adopt its own border tax. The Government witnesses recognize that it would be legal for the TJnited States, even under existing interpretations of the GATT, to adopt a border tax. If it is reasonable for imports into Europe to bear the burden of indirect taxes, it is equally reasonable, and indeed imperative, for imports into the United States to bear this burden. Similarly, if it is reasonable for Europeans to rebate or exonerate their producers from these indirect taxes to stimulate exports, it is equally reasonable and again impera- tive, for the United States to do this too. This first step will not elimi- nate our entire disadvantage, but it will be a needed first step in the right direction. We should also continue to press for immediate action in the GATT to remove the remainder of the disadvantage to our trade caused by th~ discriminatory interpretations currently placed on the GATT rules, letting it be known that if cooperative action is not forthcoming promptly, we will have to take the unilateral action necessary to fully remove the remainder of the disadvantage to our trade. This summarizes our position. Before asking Mr. Barnard to pre- sent to the committee the facts upon which our appraisal is based, I would like to speak briefly as a private citizen, typical, I believe, of millions of my countrymen. I believe that our country's financial con- dition is in an extremely serious state and that basic and fundamental actions are necessary now to correct the downward spiral we are in. We must return to a sound fiscal policy in our domestic programs and we must adopt a realistic and prudent attitude in our dealings with other nations. The actions of this commitee in insisting on realistic cuts in expenditures before agreeing to the tax surcharge has my ad- miration and support. The tax bill was a necessary step, but it is not the whole answer. Action is needed now to deal positively with our balance of trade and international currency crisis. I urge the com- mittee to provide sound leadership in this area as it did in taxes to find a solution promptly. Thank you very much. (The membership list re~erred to follows:) LIST OF SOCMA MEMBER COMPANIES Aceto Industrial Chemical Corporation Allied Chemical Corporation Aithouse Division, Chemicals Group, Crompton & Knowles Corp. American Aniline Products, Inc. American Cyanamid Company American Hoechst Corporation Atlantic Chemical Corporation BASF Corporation Belle Chemical Company, Inc. Benzenoid Organics, Inc. Berncolors-PoughkeepSie, Inc. Celanese Corporation Chemagro Corporation Ciba Chemical & Dye Company Dow Chemical Company Dow Corning Corporation PAGENO="0071" 4511 Drake Chemicals, Inc. E. I. du Pont de Nemours & Co. Dye Specialties, Inc. Emery Industries, Inc. Evans Chemetics, Inc. Pairmount Chemical Co., Inc. Federal Color Laboratories First Chemical Corporation FMC Corporation Gane's Chemical Corporation Geigy Chemical Corporation GAP Corporation Givauclan Corporation Harshaw Chemical Company, Div. of Kewanee Oil Company Hercules Incorporated Heterochemical Corporation Hilton-Davis Chemical Company Hooker Chemical Corporation ICI America, Inc. Industrial Dyestu~ Company Interchemical Corporation Kaiser Chemicals, Division of Kaiser Aluminum & Chemical Corp. H. Kohnstamm & Co., Inc. Koppers Company, Inc. Lakeway Chemicals, Inc. B. L. Lemke & Co., Inc. Fred'k H. Levey Company, Div. of Columbian Carbon Co., Inc. Otto B. May, Inc. Monsanto Company National Lead Company Nopco Chemical Company, Div. of Diamond Shamrock Corp. Nyanza, Inc. Olin Mathieson Chemical Corporation Parsons-Plymouth Division, S. B. Penick& Company Patent Chemicals, Inc. Pennsalt Chemicals Corporation Pfister Chemical, Inc. Chas. Pfizer & Co. Pitt-Consol Chemical Company P. P. G. Industries Publicker Industries, Inc. Reilly Tar & Chemical Corporation Saisbury Laboratories Southern Dyestuff Company, Div. Martin-Marietta Corporation Standard Chlorine Chemical Co., Inc. Stauffer Chemical Company J. P. Stevens & Co., Inc. Sun Chemical Corporation Synalloy Corporation Tenneco Chemicals, Inc. Toms River Chemical Corporation Trylon Chemicals, Inc. Union Carbide Corporation Upjohn Company, Carwin Organic Chemicals U.S. Industrial Chemicals Company, Div. Nat. Distillers & Chemical Corp. USS Chemicals, Division of United States Steel Corporation Verona-Pharma Chemical Corporation Vulcan Materials Company Young Aniline Works, Inc. The CHAIRMAN. Thank you, Mr. Turchan. Mr. Barnard? PAGENO="0072" 4512 STATEMENT OP ROBERT C. BARNARD, COUNSEL Mr. BARNARD. Thank you, Mr. Chairman. My name is Robert C. Barnard. I am appearing today as counsel for SOCMA and also as counsel for the Dry Color Manufacturers Asso- ciation, an association of 23 manufacturers of dry colors used in plas- tics, inks, rubber, linoleum, paints, and so forth. With the committee's permission I would like to submit a list of members for the record. The CHAIRMAN. Without objection, the membership list will appear at the end of Mr. Barnard's prepared statement. Mr. BARNARD. Also in the interest of consolidating statements as the committee has requested my statement will be on behalf of both asso- `~iations. At the outset the Chairman was kind enough to say that we could sumbit our statements for the record and summarize. I should like to take advantage of that opportunity also, with the Chairman's permis- sion, and ask that the whole statement be put into the record and that I be permitted to summarize. The CHAIRMAN. You may do so, and your prepared statement will appear immediately following your oral statement. Mr. BARNARD. At the outset of these hearings, Mr. Chairman, mem- bers of the committee noted that there were startling differences in the valuation of import problems with respect to particular products as be- tween the Government and as between particular industry repre- sentatives. Indeed, this was referred to as the credibility gap. I would like to suggest, sir; that the differences in valuation, the credibility gap, may be as great or greater in the area of the "separate" package as in any other area~ and at the beginning of my statement I would like to refer to a statement by the Government witnesses in the course of their testimony. You will recall the statement that I am referring to, which appears on page 21 of my copy of their statement, that the Government made a great deal of the competitive strength of the U.S. chemical industry and how its position in international trade is improving and growing. Indeed, they said that between 1961 and 1967 our exports increased at an annual rate of 7.7 percent while imports in the same period in- creased at an annual rate of only 4.7 percent, just about half. This statement was supported by a table, table No. 9, that was sub- mitted by the Government. We have taken a portion of that table, since it is so important in this matter, a portion of table 9. It appears opposite page 4 of our statement, sir. (The table referred to follows:) PAGENO="0073" 4513 Table 9 U.S. CHEMICAL EXPORTS, IMPORTS, AND TRADE BALANCE BY PRINCIPAL DESTINATION AND SOURCE, 1961~4967 SITC Section 5 All Chemicals 1961 1962 1963 1964 1965 1966 196 7}...' Mr. BARNARD. You can see from the table, the imports as shown on the Government's exhibit. It shows imports growing from $732 to $963 million. The first three figures on that table were not the figures as they were published by the Department of Commerce at that time, so we went back to find out what accounted for the discrepancy. I would like to tell you how the Government got their figures and reached the re- sults which this table supposedly supports. From 1942 to 1960 the imports of radioactive materials were not published in the figures presumably because it would reveal informa- tion about our atomic stockpile. In 1960, for the first time, the figures of uranium oxide imports were revealed and at that time they were classified as minerals and included in the minerals schedules of the statistics. In September 1963, uranium oxide and some other materials were re- classified and put into the chemical schedule. What the Government has done in this table is to go back for 1961 and 1963 and include imports of this mineral uranium oxide as though it were a chemical import. (Millions of dollars) IMPORTS FROM: World 732 766 714 707 ~252~ 190 111 58 4' 16 574 524 5.96 7.2~O 901 778 942 963 PAGENO="0074" 4514 Why do I bother to tell you about this? In 1961, uranium oxide amounted to $276 million out of the some $700 million worth of im- ports according to the Government's table. Almost 40 percent of the chemical imports shown were uranium oxide. In the period from 1961 to 1967 uranium oxide imports declined until in 1967 they were only $16 million. By going back and mixing the statitstics on imports of a mineral with statistics on imports of chemicals, you end up with a wholly mis- leading picture as to what the actual story is. Indeed, if the Govern- ment were going to do this, I don't know why they didn't go back to 1959 because then the uranium imports were over $400 million, and if you had taken the 1959 figures including uranium imports, you would have had practically no growth in imports from 1959 to 1967. They did all of this without a single footnote explaining what they had done. If you exclude uranium imports from the figures, as we have done on our modification of table 9, you will see that chemical imports increased an average of more than 13 percent a year rather than the 4.7 percent suggested by the Government. This means that the imports were in- creasing at approximately twice the rates of exports rather than the other way around as the Government suggested. Now, Mr. Chairman, I am not calling this to your attention because we think it is important just to point out uses of misleading statistics. Obvio~isly we do want to call attention to numbers that we think do not present the true picture. We do this because we think it emphasizes the fact that it is impor- tant to understand what the facts are and because we believe the situa- tion here today in this country is serious. As Mr. Turchan pointed out, this morning's paper announced that in May for the second month this year we had a negative balance of trade. We are here to tell you, with as much seriousness and earnestness as we can, that we believe that the chemical "deals" now before you are unreciprocal and injurious. They are injurious to the chemical indus- try and its workers. They are injurious to the United States and to its balance of payments. The issue as it has been presentd to you on the American selling price really takes two forms, and I think that they are two separate questions. First, what is the American selling price and what do its criticisms amount to, and second, the separate package; should it be approved and implemented by the Congress? I will not go over the history of what the American selling price is. Mr. Gerstacker mentioned what it is. Suffice it to say that we believe that as a method of valuation it has virtues which should be rec- ognized. It is more certain. It is more readily ascertainable by cus- toms officials. It is less subject to manipulaton and more consistent with the purposes of the tariff in that the tariff itself does not accentuate cost differences between the United States and abroad and give an advantage to the lowest wage and lowest raw material countries on their imports into the United States. With the Chairman's permission, rather than discuss this, I would like to submit a memorandum for the record outlining our comments on the American selling price system and ask that it be printed in f lie record. PAGENO="0075" 4515 The CHAIRMAN. Without objection, it will be included in the record. (The memorandum appears as Exhibit 1 at the end of Mr. Barnard's prepared statement.) Mr. BARNARD. In the course of the testimony of the Government's witness there were criticisms concerning the administration of the American selling price system. We think these are particularly inap- propriate. We have yet to be shown concrete examples of these criti- cisms, but beginning as early as 1963, this industry met with the Gov- ernment and suggested changes in the law which would be designed to deal with these criticisms. However, the Government refused to go along with our efforts to try to change these administrative objections to the American selling price system. For the record I would like to submit our correspondence pointing out our willingness to support amendments to correct these so-called administrative defects and I ask that it be printed also. The CHAIRMAN. Without objection, that will be included. (The correspondence appears as Exhibit 2 at the end of Mr. Bar- nard's prepared statement.) Mr. BARNARD. There is one criticism that was made by the Special Representative for which we have no answer except to say that it is invalid. It is reported that ASP is sinister and enables the American manufacturer to increase his price thereby increasing the duty and thereby gaining a competitive advantage over imports. I would like to illustrate to you why this is not true. If you wish to take a pencil and even write this down, if you assume that there is a product with an American selling price of $1, and let us even assume that we are going to have an ASP duty of 40 percent, which is the highest duty that was on dyes prior to the Kennedy round. I am assuming a case with an American product sold for a dollar American selling price and the duty was 40 percent. I am assuming that the import is sold in the United States at 99 cents-40 cents of that would be duty, and the import would have a 1-cent competitive advantage. Now, if the American manufacturer believes these stories, that, if he raises his prices, he gets a competitive advantage, so that he raises his price from $1 to $1.10. This increases the duty by 4 cents but, instead of increasing his competitive advantage, that decreases it sig- nificantiy, for in the beginning the competitive advantage was 1 cent, 99 cents compared to $1. After he has raised his price, the competitive advantage is 7 cents, $1.03 to $1.10. The reason is obvious. The tariff only takes up a part of the price increase. The rest is the advantage to the import. We also listened to the statements that the ASP was originally adopted for infant industry and has outgrown its purpose. We went back to the legislative history of the statute to see why the Congress did adopt ASP and found that there were two reasons. We have set forth extracts from the committee reports and debates in our statement. There were two principal reasons for the adoption of ASP valua- tion. These two reasons are reasons that are valid today: First, the uncertainty of foreign prices particularly in this area; and, secondly, the fact that these products were subject to price manipulation and PAGENO="0076" 4516 pricing practices by cartels which the Congress wished to protect against. These same reasons are valid today, as they were when the Congress first adopted the ASP. In connection with the Tariff Commission study, since pricing data in the files of the Commission were not available to us, we spent literally hundreds of hours gathering price information from customs records abroad, and we incorporated these into a computer study, and they showed that the price for the same product from the same coun- try will vary as much as 100 percent in a single year. With your permission, I would like to give the committee for its record a copy of that computer study. The CHAIRMAN. We appreciate having it. (This study is in the committee files.) Mr. BARNARD. In connection with the Tariff Commission hearings, the Department of Commerce asked our embassies abroad to obtain foreign chemical prices and the embassies abroad to obtain foreign chemical prices and the embassies found out what we already knew, that these prices are unavailable, and that there are no published prices, and I would like to submit copies of those dispatches from our embassies for the record, and ask that they be printed. The CHAIRMAN. Without objection, they will be included in the record. (The dispatches appear as Exhibit 3 at the end of Mr. Barnard's prepared statement.) Mr. BARNARD. I should also like to point out to the committee that the Tariff Commission has said that about 56 percent of the value of benzenoid chemical imports are transactions between a foreign parent and its U.S. subsidiary where price considerations are hardly at arm's length. Now, the cartel situation is still with us. Last year the German cartel authority fined the principal German dye producers, the remainder of the old I.G. Farben trust, for conspiring with the Swiss, the English, and the French producers to fix prices. Now, the indictment in that case covered only sales in Germany because that is all that was illegal under the German law, but it is interesting to note in the record of the court that the price fixing in Germany was only a miscellaneous item on the cartel's agenda. I would like to submit for your record a copy of the decision of the German court together with a translation and ask that it be printed in my testimony. The CHAIRMAN. `Without objection, the translation will be printed in the record. (The translation appears as exhibit 4 at the end of Mr. Barnard's prepared statement.) Mr. BARNARD. Thank you. Mr. Chairman, since 1961 also in Japan the Japanese Government has sponsored a program of rationalization of the Japanese industry which, in effect, is an officially sponsored cartel to rationalize produc- tion and provide markets. I would like to submit some press releases on the Japanese Govern- ment's program to rationalize its chemical industry. PAGENO="0077" 4517 rfhe CHAIRMAN. Without objection, that will be made a part of the committee files. Mr. BARNARD. Therefore, the reasons which concerned the Congress when it adopted ASP are the reasons that are still valid today and still support the use of the American Selling Price method. Now, this is all the comment I want to make about the American Selling Price method, and I would now like to turn to the "separate" package itself which has been presented to this committee for its consideration. The "separate" package would not only eliminate the American Selling Price system, but would cut by more than 50 percent the duty on hundreds, literally thousands of benzenoid chemicals. In our view it is unreciprocal and provides no offsetting export opportunities. Con- gressional approval of this agreement would, we believe, have an ad- verse effect on the domestic industry in the United States and its balance of payments for years to come. ASP as a bargaining ploy is really quite unique. We have been told that it was an "emotional issue" with Europeans from tile beginning, and yet it only affects $50 million worth of our trade, but it blew itself up into the biggest issue in the whole negotiation. At the time that this ploy was being used against us, our trading partners ignored the fact that they were disregarding our demands that they change the variable agricultural levies which affected 10 times as much trade as the American Selling Price, and I am sure the commit- tee remembers the American exporter who came here and said that the American Selling Price was "a paragon of virtue" compared to the variable levy. Prof. Stanley Metzger as he then was-he is now Chairman of the Tariff Commission-examined the ASP negotiations in 1967 and speculated that the ASP issue had been raised to avoid reduction of 50 percent in the tariff in the course of the negotiations in Europe. As it turned out, he was very shrewd in his speculation, for the deal as finally negotiated was a 50-20-percent deal in which they reduced significantly less than 50 percent. I would like now to turn to that 50-20-percent deal and comment on it a bit with the committee's permission. The Trade Expansion Act provided a very sweeping authority to cut tariffs. However, there was no authority to deal with methods of valuation. There was doubt about this at the first, but ultimately the trade negotiators acknowledged they had no authority to go ahead, but in an apparent effort to justify their negotiating an agreement out- side their statutory authority, they made a series of promises to the Congress and to the industry, and I would like to recall those promises. The Congress was told that there would be a "separate" agreement, it would be "a self-contained, self-balancing agreement which the Con- gress would be free to consider on its own merits without constraint." We were also told that this "separate" package would not be connected with large areas of tariff cuts within the Kennedy round. Because then it would be a fait accompli and then we would be holding a gun at the head of Congress in effect, saying, "if you don't do this, you en- danger this great negotiation." The separate package was to be recipro- cal. It was also to be supported by separate consideration for the ben- zenoid industry. PAGENO="0078" 4518 In fact, Mr. Chairman, the negotiators have done precisely the op- posite of what they promised. From the outset the Common Market insisted that it was unwilling to make any concessions for the American Selling Price. So it was necessary to put together a deal in which there would be no extra consideration and yet at the same time it would have an appearance of a "separate" package. This was done by negotiating what Mr. Turchan called a patently unreciprocal 50-20 percent deal on chemicals in the Kennedy round, and this permitted the Europeans to load, to ad to the "separate" package the other 30 percent which should have been in the Kennedy round. This package is in no way separate. It is inextricably tied up with the chemical negotiations in the Kennedy round and not supported by any independent consideration for the benzenoid industry. It merely purports to return to us the 30 percent for which we have already paid in the Kennedy round. Moreover a part of the actual Kennedy round concessions them- selves, apart from the separate package, are tied into this separate package. The concessions of Austria, Finland, Norway, and Sweden partly are tied to the implementation of the separate package. Thus, to use our negotiators' own words, they have adopted a "gun to the head" approach by presenting to the Congress what we believe is a fait accompli, and we are asked to choose between an unreciprocal 50-20 deal negotiated in the Kennedy round or the separate package, both of which are injurious and unreciprocal. In order to justify the separate package, our negotiators have come up with a rationalization as to how this could be justified as a bal- anced deal. To do this they had to discard the linear reduction theory on which the Kennedy round was premised and had to develop a new theory to justify a 50 percent cut for a 20 percent cut. Their rationalization, the balanced deal theory, is on the principle that because our chemical exports are three times as great as chemical imports, we actually come out ahead when we cut more than the Eu- ropeans do because you weigh the cuts by the volume of trade. The logical extension of this obviously is that if they cut 50 percent, we ought to cut 150 percent, we ought to pay them 50 percent of our persent duty every time they send an import into this country. This is a unique theory and seems to have been invented solely for the EEC and U.K. and applied only to the "separate" package. It doesn't apply across the board in other areas where the trade balance is the other way around. It doesn't even apply to other countries who have a similar chemical trade balance. Our negotiators balanced deal theory does not take into account the key issue of reciprocity which is what is the effect of the trade of the cuts on our trade in the future. The Government speaks of a fair and balanced deal, but it has presented no figures or meaningful study here to show what the future effect of this trade cut will be. Now, as if the 50-20 percent were not enough, there is still another reason for European pleasure at the agreement that has been nego- tiated. The 20 percent cut accepted by the United States in fact means that in four of the Common Market countries duties paid by chemi- cals will actually be higher after the 20 percent cut than they were before the Kennedy round. PAGENO="0079" 4519 We have taken the figures from the Commerce clearinghouse which reports EEC tariff figures, the table appears on page. 25 of our state- ment, and I would like to give a copy to the reporter. (The table follows:) Sectors Cu rrent tariff ra tes in percent Corn mon external tariff France Italy Benelux Germany Now 20 percent Ja Cuti n. 1, 1972 Chemicals 14.0 14.5 10.3 11.5 13.7 11.7 27.1 All industry 14. 4 13. 8 11. 2 11. 0 12. 8 10. 7 7. 5 1 The heading "20 percent cut" is misleading. The reduction from the common external tariff (13.7 to 11.7 percent) is only 14.6 percent reduction. The French and Italian reductions are 16.4 and 19.3 percent respectively, and, as stated above the German and Benelux tariffs actually rise by 1.7 and 13.6 respectively. 2 The Jan. 1, 1972, rate for chemicals assumes implementation of the "separate package." Source: CCH Common Market Reporter vol. II, par. 9227 (April 1968); from data released by the EEC Commission. Mr. BARNARD. It shows that on July 1 this year, next Monday, the average German chemical tariff after the 20-percent cut will rise from 11.5 percent to 11.7 percent. For the Benelux countries, the chemical duty will actually rise from 10.3 percent to 11.7 percent, an increase of 13.6 percent. Thus, despite the 20-percent reduction in the common external tariff which will occur on July 1, the duty on U.S. chemicals entering Ger- many and the Benelux countries will be higher than it was before. This is particularly significant when you consider that 70 percent of the U.S. chemical exports to the EEC go to these four countries and about one-half of our chemical exports to the EEC and the EFTA. countries combined go to these four countries. I think the question we put to the committee is: What kind of reciprocity is it when we reduce our tariffs 30 percent in return for an actual increase in the duty in our principal markets abroad. This brings me to the separate package. As has been pointed out, the separate package provides for further reductions in excess of the 50-percent reductions made in the Kennedy round. These reductions result from the adoption of converted rates which were not equivalent and from the adoption of the ceiling rates which Mr. Gerstacker referred to in the chemical area; all this, as Mr. Gerstacker said, with- out meaningful trade opportunities being created for the American industry. I would like to discuss the details of conversion with you because it is a matter that requires really very great study, but I will not do so. I will simply say that the conversion was done as a simple arith- metic operation. The Tariff Commission took the amount of duty on American selling price products on imports, calculated what rate of duty would generate the same amount of money, and said that this was the converted rate. The Commission acknowledged that this was not equivalent pro- tection. Indeed, the Commission said, and I quote: * * no schedule of converted rates could be devised which would provide for future imports "protection" equivalent to that afforded by the ASP system. Now the inequivalence of this conversion has to be considered in two areas; one on individually named products and the other in the baskets. Just a word on the individually named products. There the conver- sion was done more accurately because they were individual products PAGENO="0080" 4520 and price data was more accurate. They were equivalent as of 1964, but of course depending on the extent of price erosion the differences in prices and transactions between foreign parent and domestic sub- sidiary, whatever equivalence there was in 1964 disappears rapidly. But I want to comment a little bit more on the baskets, for here the conversion was, if I may use a lawyer's word, inequivalent per se. It was just inequivalent in the way it was done. I would like to emphasize also why these baskets are important and why I am saying this: 95 percent of the benzenoid products produced commercially in the United States depend on the baskets for their protection. The special trade representative recognized their importance when he said that the baskets were the "key to the future." Yet it is in the basket rates that the conversion was the most inequivalent and it was because the Commission did not distinguish between competitive and noncompetitive products. A competitive product is one produced in the United States and a noncompetitive product is one not produced in the United States. Obviously the American selling price evaluation is applicable only to the product produced in the United States and not to the product not produced in the United States. Therefore, in measuring the equiva- lency of protection, you would look only to the converted rate for the products produced in the United States because that is the area in which the protection is relevant. Yet the instructions of the special trade representative to the Tariff Commission specifically prevented it from making a distinction be- tween competitive and noncompetitive products in the basket even though the Commission said that this would provide a more equivalent degree of protection. What happened under these instructions was that in the baskets the competitive and noncompetitive converted rates were averaged to- gether and since the competitive rates were higher and the non- competitive rates were lower, the net effect was to raise the duty on non- competitive products and lower the duty significantly on competitive products. This was so far as competitive products are concerned, products produced in the United States, a significant unilateral tariff reduction, and I would like to give you an example of it from the Tariff Commis- sion's own data. The Tariff Commission gave us its data which showed that the average converted rates for dyes imported in 1964 in basket 406.50 was 12 percent, while the average converted rate for noncompetitive dyes was 40 percent which was the basic rate under that item. By averaging the competitive and noncompetitive together, the apples and the oranges, the Commission came up with a weighted aver- age of 48 percent for the basket category; for noncompetitive that meant it would raise from 40 to 48, but for the competitive products which are the ones that concern us it was a unilateral decrease of 33 percent, from 72 percent to 48 percent. We have taken the Commission's own figures for six of the impor- tant baskets-the table appears on page 36-and calculated the amount of unilateral tariff reduction from this method of converting in the baskets. It shows unilateral tariff reductions from 14 to 44 percent. (The table referred to follows:) PAGENO="0081" 4521 [In percent] Converted ad IS US valorem rate on competitive products based on Tariff Commission data Tariff Conk- mission converted rate Unilateral tariff reduction 403.60 405.15 405.40 406.50 406.70 408.60 Intermediates Pesticides Plasticizers Dyes Pigments Flavor and perfume materials 42 39 53 72 77 64 36 25 36 48 43 54 14 29 32 33 44 16 Mr. BARNARD. These are figures based on the Tariff Commission's own data. The industry data would show even greater reductions. Mr. Gerstacker commented on the impact of the ceiling rates, and I would now like to turn to that because it was the ceiling rates we ended up reducing the tariffs more than 50 percent. Since I have just commented on the basket rates, I w-ould like to continue on that. Surely the standard to judge what the cut was is what would be a reasonable converted rate on the competitive products. When the special trade representative says that the baskets were cut less than 50 percent, he is using the inequivalent rate that is the average rate which already incorporates a unilateral tariff cut on American produced produdts. Since the special representative prohibited by his instructions the Tariff Commission from taking into account the effect of the distinc- tion between competitive and noncompetitive products, the Govern- ment, in arguing that this was less than 50 percent cut, is lifting itself by its own bootstraps and measuring the cut by the inequivalent rate rather than the proper rate which is the rate for competitive products. If you use that rate, that is, the Tariff Commission's converted rate for competitive products, you will discover that the cuts in the basket are greater than 50 percent. We have prepared a table that appears on page 38 of our state- ment showing that, using this standard, the rate baskets were cut from 57 to 69 percent and this is in this area that the special trade representative said was the key to the future. (The table referred to follows:) [In percentj Tariff Com- STR table 10 mission con- final ad Total TSUS verted rate for competi- tive imports valorem equivalent reduction 40360 Intermediates 146 20 57 405.15 Pesticides 1 45 15 67 405.40 Plasticizers i 61 20 66 406.50 406.70 Dyes Pigments 72 77 30 30 59 61 408.60 Flavor and perfume materials 1 65 20 69 1 Tariff Commission's converted ad valorem rate for competitive products adjusted for the specific duty in order to re- flect the ad valorem equivalent. 95-459-68-pt. 1O-6 PAGENO="0082" 4522 We find it hard to understand the rationale which leads to a con- clusion where duties on noncompetitive produdts are raised and those on competitive products are lowered. Now, may I just say a word about the specifically named products. The Government submitted a table, table 10, which showed the tariff cuts, but it did not show the percentage of cut. We have taken table 10 and have taken the libe~ty of adding a new section to it, or a new line which calculates the amount of duty cut on named competi- tive products shown on this schedule, and I would like to submit a copy of that table for the record. It is at the back of the book. (The table appears as Exhibit 5 at the end of Mr. Barnard's prepared statement.) The CHAIRMAN. All of the appendices will be included with your statement. Mr. BARNARD. Thank you, sir. This table shows that of the 61 PSUS items covering specifically named competitive products, 42 have a total reduction in excess of ~0 percent; 23 in excess of 60; nine in excess of 70; and three in excess of 80. Now, there were three nonchemical concessions incorporated in the separate package, and I would like to say a word about those if I may. The first related to automobiles. France, Belgium, and Italy agreed to "set in motion the necessary constitutional procedures in order to adjust the modalities" of their automobile taxes so as not to dis- criminate against U.S. automobiles. There are two comments to be made on that. The United States has taken the position that this discrimination is illegal and under section 252 of the Trade Expansion Act we are nc~t supposed to negotiate and pay for such illegal concessions. Secondly, I am not sure what has been agreed to. They have agreed to set in motion the constitutional procedures. Perhaps that means dropping a bill in the hopper. Third, and this is, this has just come to my attention, as of January 1 this year, I learned from an airgram of the State Department that, the French Government has increased its registration tax on high horsepower cars, making a higher rate on the higher horsepower cars than the lower, and the dividing line happens to be the largest car that is made in France, so that we have the highest tax on the larger cars most of which are the U.S. cars. The subject of the airgram, dated January 17, 1968, is: "Protec- tionism: Automobile Registration Tax Revised to Detriment of U.S. Automobiles." I would like to submit a copy of that for the committee's files, Mr. Chairman, with your permission. The CHARIMAN. Without objection, it may be included in the committee's files. Mr. BARNARD. May I call your attention to the last paragraph in which the wire says: The introduction of discrimination against larger vehicles in the registration tax is particularly surprising in view of the French promise at the Kennedy Round to eliminate such discrimination in the vignette in return for U.S. action on ASP. PAGENO="0083" 4523 Then he calls for action on this subject. The second concession is a reduction in the preference of U.S. tobacco by the United Kingdom by 25 percent. U.S. tobacco sells at a price considerably higher than the price of tobacco produced in the Commonwealth, and the U.S. tobacco sells on quality because they need the tobacco to give the right flavor to the cigarettes and cigars. Prior to sanctions we sold on the basis of quality. After the sanctions on Rho- desia came, of course, our exports to the United Kingdom rose rapidly. During the testimony in the first days the Department of Agriculture witness testified that if the sanctions end, we would hardly be able to compete again with Rhodesian tobacco and he would expect that our exports to the United Kingdom would drop to. about half of what they were and then we would be back where they would buy on the basis of quality. The adjustment in the preference in this situation, therefore, really is a concession to the United Kingdom cigarette manufacturers rather than to the U.S. industry. Finally, the third separate concession related to the agreement by the Swiss not to restrict imports of prepared or preserved fruits which contain corn syrup. We asked the Department of Agriculture and the National Canners Association whether the Swiss were prohibiting such shipments and were told that they were not. Indeed, last year about $2 million worth of fruit containing corn syrup was shipped into Switzerland. Maybe what the Swiss are doing is not offering a concession but making a rather unpleasant threat that they will stop these imports unless the "separate" package is approved. At the moment t.he shipments are still going in. The government has emphasized that if the separate package is approved, there will be a 30 percent additional cut in the European chemical tariffs. As previous witnesses have said, we believe we have already bought and paid for that 30 percent, but nonetheless we went to the industry and we said: Assume that the 50-20 is a f alt accompli and there is nothing you can do about it. Then face this issue. Is the 30 percent reduction in European chemical tariffs worth the abolition of ASP and the further reductions in excess of 30 percent which are required under the separate package? They made a study of this, and the answer was, "No, it is not worth it." Even if you were to regard the separate package as a separate pack- age, which we think it is not, the domestic industry is clear that it would cause more harm not only to the industry and its workers, but to our balance of payments than we would get good out of it. I am not saying that we would not get something out of the 30- percent cut abroad. Obviously we would, but the benefits would not outweigh the harm suffered. The answer is easy. As Mr. Gerstacker said, because of our inherent cost disadvantage, the further cut by foreign nations would not generate as much trade as the further duty reductions would generate imports into this country. This brings me to the third point made by Mr. Turchan concerning the reasons why these deals lack reciprocity, that is the border tax, export rebate mechanism. Mr. G-erstacker and Mr. Turchan have already commented on this and the way it works. PAGENO="0084" 4524 I would like to illustrate for you the way this works on the chemical industry, and we have prepared two charts which we hope will illus- trate this point for you. The first chart shows the German barriers to U.S. chemical exports. (Table I, in support of chart I, appears in Mr. Barnard's prepared statement.) Mr. BARNARD. In the first column it shows the situation as it existed prior to January 1 this year. At that time, taking the figures published Chart I German Barriers to U.S. Chemical Exports % of c.LL Value o Borderlax * Tariff 22.1% ~ 20 15.5% ~-_ 10% 11% 4% I 1.5%. 10 5 0 Dec. 31,1961 Before Kennedy Round Reduction and Border Tax Increase Jan. 1,1968 After Border Tax Increase July 11968 After Full EEC Kennedy Round Reduction Jan. 1,1912 Under "Seyarate Package' Reductions and Tax Harmonization at 15% PAGENO="0085" 4525 in the Commerce Clearing House, the German chemical duty was 11.5 percent and the border tax was 4 percent, so that the total barrier into Germany for our exports was 15.5 percent. As of January 1, 1968, as shown in the second column, the German tariff remained the same. There was no adjustment in tariff but the border tax increased 10 percent so that the total barrier to U.S. exports was 21.5 percent. On July 1, 1968, the Germans will adjust to the common external tariff and make their full 20 percent Kennedy round reduction on chemicals. As I said earlier, this tariff reduction actually results in an increase in tariff, so that this tariff will go from 11.5 to 11.7 percent, and the border tax will increase to 11 percent with the result that the total barrier is 22.7 percent. I think it is very important to emphasize here that what has hap- pened in these three columns is that the barrier to our exports has increased significantly. The German Government says that the burden on the domestic industry from the turnover tax remains the same because it generates the same amount of revenue. We have put in a fourth column on this chart, Mr. Chairman, which assumes that the "separate" package has been approved, and that the Germans have gone ahead and harmonized their turnover taxes as is contemplated by the Common Market. The chemical tariffs would then fall to 7.1 percent. The border tax will rise to 15 percent. The total barrier will be 22.1 percent compared to 15.5 percent before the Kennedy round. That is only part of the story. We would like you to look at the second chart that we have which shows the U.S. barrier to chemical exports and the impact of the border tax. (Table II, in support of chart II, appears in Mr. Barnard's pre- pared statement.) Mr. BARNARD. The first column on chart II shows the situation on December 31, 1967. Using the Government's figures, the U.S. chemical tariff was about 15.9 percent. At that time the German Government was giving a 4 percent export rebate, or exoneration from tax. This offset to that extent the American tariff. The net result was what we call an effective tariff of 11.9 percent. As of January 1 we had our first. cut in tariff and it dropped to 14.4 percent. The German rebate exoneration went up to 10 percent the effective tariff was 4.4 percent. On July 1 the rebate will rise to 11 per- cent so that the effective tariff drops to 3.4 percent. On January 1, 1972, when there is full harmonization and the re- bate exoneration equals 15 percent, we will have a negative effective tariff of minus 5.9 percent. Now, when you think about. it the value added tax is probably one of the great fiscal inventions of the last couple of decades. It is very clearly a trade regulating matter but by calling it a tax you do not include it in your tariff negotiations and yet it affects trading, stimu- lates exports, and bars imports. It is quite an invention. But if you look at this thing the way we believe is the only proper way, and in- clude the impact of border tax, export rebate in tariff, the results are quite startling. PAGENO="0086" 4526 The Government submited a table, table No. 8, which compared U.S. EEC tariff rates on a number of large volume benzenoid prod- ucts, pointing out, as they saw it, that our tariffs were much higher than those of the Common Market. We have taken the liberty of borrowing that table, table 8, and of adding a new column which shows what the impact of the border tax Chart Ii U~S. Barriers to German Chemical Exports % of Export Value ~ Tariff i:J German Rebate -5 D EffectiveTariff Effective Tariff -* -5.9% Dcc. 31,1961 Jan. 1,1968 July 1,1968 Jan. 1,1912 Before Kennedy Round Reduction and Export Rebate Increase After First U.S. Tariff Reduction and Export Rebatn locrease After Further Export Rebate Increase After Fell U.S. Kennedy Round Reductions and EEC Tax Harmonization at 15% PAGENO="0087" TSUS No Intermediate Pro-KR Statutory Rate 403.08 ,Phthalic anhydride Styrene Phenol Ethylbenzene Noriochioro- benzene Doclecylbenzene Nitrobenzene Oimethyl terephthalate Aniline 403.75 liexamethylene 3.Og! per lb. -1- 20% ad val. adipimide Adipic acid Cyclohexane Represent- Ad Valorem EEC Tarii ative unit Equivalent Rate -value ASP Package ASP ASP Package Rate (i~ per lb.) Rate 20.3K l.4g~ per lb. + 8% ad val. l.5q~ per lb. + 12% ad val. 1.5~ per lb. + 18% ad val. 0.10 33.0 0.09 34.7 0.21 25.1 0.12 30.5 1.5~ per lb. + 15% act val. 0.30 20.0 19.0 0.22 23.1 0.04 53.5 Table 8 COMPARISON OFU.S. AND EEC TARIFF RATES FOR LARGE-VOLUME BENZENOID INTERMEDIATES 403.10 403.40 403.60 2.4t~ per lb. + 14% ad val. 1.2~ per lb. + 7% ad val. $ 0.09 2.8~ per lb. + 18% ad val. 3.0t~ per lb. + 17% ad val. 3.5~ per lb. + 25% ad vdl. 0.08 0.10 0.04 0.06 25.5 27.0 55.5 43.0 403~80 l,6-Hexatiedia- mine 3.5~ per lb. + 25% ad val. l.5ç~ per lb. + 16% ad val. 0.54 Source: Supplementary Agreement Relating Principally to Chemicals PAGENO="0088" 4528 is. We have added the border tax as a barrier, included it in the bar- rier abroad, a.nd we have subtracted it from our tariff because it is offset to our tariff. The results then are startling. Instead of having a table showing the U.S. rates are considerably higher than those of the Common Market, the revised table shows that their barrier averages out about a third higher than ours. Instead of our barrier being 11 percentage Chart fl German Barriers to UaSa Exports ~i c.Lf.Value a Border Tax Tariff 22.5~ Dcc. 31,1961 Before After After First After Foil Kennedy Round Border Tax Two Steps EEC Tariff Reduction and Increase of EEC Reductions aod Border Tax Reduction Tax Harmonization increase at 15% PAGENO="0089" 4529 points higher on 13 products as they put it, their barrier is 5 to 19 percentage points higher than ours for 10 of the 13 products. This is not just happening to the chemical industry, as many wit- nesses have pointed out before this committee, and we have prepared two charts showing the impact of the border tax on U.S. trade generally. (Tables III and IV, in support of charts Ill and IV, appear in Mr. Barnard's prepared statement.) Chart tV U~S. Barriers to ~erm~n Exports % of Export Value Tariff D German Rebate Effective Tariff Effectivelariff 0 4 \\~~ ÷ -1.3% Dec. 31, 1961 Jan. 1,1 968 July 1,1 968 Jan. 1,1912 Before KeonedyRoond After First U.S. Tariff Reduction After Further ExpnrtRebate After Full U.S. KennedyRound Reduction and and Export Rebate Increase Reductions and Export Rebate Increase Increase EEC Tax Harninnization at 15% PAGENO="0090" 4530 Mr. BARNARD. rllhey appear in our statement following page 57 of the prepared text, Mr. Chairman. The effect of this on our balance of trade has really been pretty startling. I am sure the committee is aware that in the first quarter of 1968 the German exports to the United States rose a phenomenal 50 percent over their exports in the first quarter of 1967 and I have just seen figures which indicate that the chemical exports to the United States from Germany rose almost three times as fast as the chemical exports from Germany to other countries of the world. I have stressed Germany. but this is not just a German problem. Within a. couple of years all of the Common Market countries will have a value-added turnover tax and it will be harmonized at roughly 15 percent. In the meantime Belgium, Netherlands, Italy, and Austria because of the impact of the Germany turnover tax have adopted raises of their own border tax and export rebates because of the effect on their trade. But this is not just a Common Market matter. Denmark, has adopted a value added tax and the United Kingdom, and Sweden are contemplating adopting a similar turnover tax. We have been nego- tiating on these turnover taxes since 1963. I guess the only mystery is how we felt we could have a reciprocal agreement without dealing with a disadvantage to our trade caused by these turnover taxes. We do have a law on our books which would enable us to at least offset part of the effect of these turnover taxes. That's the counter- vailing duty statute. Section 303 of the act requires countervailing duties to offset export bounties granted by our foreign trading partners. We have a memorandum on this. We believe that this is applicable to the value added taxes. The Treasury Department has administratively decided that it is not applicable and has advised this committee there were decisions in support of its position. We know of no such decisions. It was sug- gested at one time that a memorandum be submited. We would urge that such memorandum would be helpful to seek. In our view this statute is applicable to these turnover taxes and should be applied. I ask that that memorandum be included in the committee files. The CHAIRMAN. Without objection it will be included in the com- mittee files. Mr. BARNARD. As Mr. Turchan said, we support this committee in its concern over our balance of payments and balance of trade and we were pleased to see the President on January 1 say that our trade is at such a disadvantage as a result of these border tax-export rebate methods that he was calling for immediate high consultations and was preparing proposed legislation. But this is on the proviso that the Congress impose no border taxes, in 1963. Five years went by and nothing happened. On January 1 the President called for urgent action. Five months have gone by and nothing has happened. PAGENO="0091" 4531 Indeed, our trading partners have persisted in raising their border taxes and export rebates while these talks have been going on. The only offer of assistance that we have received is an offer to accelerate for 1 year cerLain of the Common Market and United Kingdom tariff cuts. But this is on the proviso that Congress imposes no border taxes, import surcharges, or quotas and that they approve the "separate" package. Passing for a moment this effort to dictate to the Congress, I would like to point out to you why we say this acceleration is a mere sop. The acceleration proposed would amount to a~bout 1 percent and would affect approximately 60 percent of the U.S. exports to the Common Market. The Common Market estimated that this acceleration would increase our exports by about $80 million. If it is true that a 1-percent cut on 60 percent of our trade would increase it by $80 million, how much has it been decreased by an increase in the border tax of 7 percent against our trade. We have read the U.S. delegation's paper to the GATT on these border taxes and we applaud the analysis of the disadvantages to our trade made in that paper. It is obvious that there is no need for further analysis. Now is the time for action and that action certainly should not be a long drawn out negotiation. It is for this reason we propose, as Mr. Turchan has said, that we adopt a border tax which under the existing GATT rules we think could be at least 5 percent and this com- pares with the Common Market's 15 percent. Second, we propose that the countervailing duty statute be applied against these export rebates. It would fall only on those cOuntries that grant them and not on our other trading partners. And, third, if you do adopt a border tax, then it would be proper in negotiation or any agreement to include our countervailing duties, and the border taxes, and export rebates in return for our partners agree- ing to eliminate the disadvantages their border taxes, export rebates, and other similar devices impose upon our trade. This would give us equitable treatment and in the meantime by adopting the statute we would have a bargaining lever to lead to a reasonable reciprocal arrangement to get rid of our trade disadvantage. I would like now to comment just a minute on the economic effect of the Kennedy round `and the "separate" package. The Government has presented you `with no real facts on the economic impact. They have given you two things. One, they have quoted a lot of statistics on the chemical industry, one of which I commented on at the outset. In a very real sense these beg the issue. WTe acirnowledge that `we are a competitive, efficient industry. The real iss'ue is what is the probable economic impact of these deals on the industry, its w'orkers, U.S. balance of trade, and U.S. balance of payments. The Government has given us some expressions of belief. They be- lieve that there would not be a significant adverse impact. They `be- lieve that adjustment assistance could take care of it. They believe PAGENO="0092" 4532 that the large companies could shift and reemploy displaced workers. They recognize that smaller firms would be hurt. This is hardly reassuring. The Government has very little to say about the future effect except to say, "That the trade will be expanded." However, on questioning from one of the members of this commit- tee the Government said that this bill was not part of the balance-of- payments legislation. This surely is significant for if the Government had thought that trade would be increased significantly in favor of the United States they would have urged that this would help correct the balance-of-payments situation. I think it is interesting that our European friends analyze this deal just about the same way we do from where they are sitting. We have a couple of quotations in our main statement appearing on 70 and 71. I just want to refer to two of them. I want to refer to Mr. Fitzpatrick in writing in the "Chemical Age." 1-Ic made a series of points which are very telling. He says: "The effects of EEC's cuts will be marginal, of Britain's relatively small . . He goes on to say that the real effect will be on the United States where he says that the effect will be, to use his words, "revolutionary", and he is making these remarks concerning the low cost, capital inten- sive, high tonnage materials. When he comes to the area of plastics and resins he says how far the Europeans will be able to take advantage of this will depend on their level of surplus capacity. Mr. George Hegeman of Arthur D. Little in a seminar in Germany made almost the same remarks. He forecast that if `the American selling price were eliminated imports would rise and that the American chemical industry would be driven to further investments abroad to remain competitive, but he said this time it will be not just to supply foreign markets but they will be investing abroad to supply the U.S. markets. We asked our members to undertake a study in detail so that we could present a reasoned appraisal to the committee of this deal. We asked them all to fill out a form `based on price and cost data taken from their books. We have set forth in our statement, and I give to the reporter a copy, what we call form A which shows the prices, profits, applica- tion of duty, the effect of the Kennedy round and the "separate" package. (See p. 4534.) We made these calculations on two assumptions: first, that the entire duty cut would be passed along by the foreigners in reduced prices, and, second, that the American producers would not lose their share of the market. In fact these two assumptions are contradictory. If the Europeans do not pass along the full duty cut they will keep the additional amounts in their own pocket for their commercial purposes elsewhere. On the other hand we do not believe that in face of these low prices we would be able to hold our share of the market and, as you will see PAGENO="0093" 4533 from the figures, we would expect products to be disappearing from the American manufacturer's stable of products. We got this information in three areas from companies where we were able to get it on a reasonably uniform and comparable basis and we got it on sufficient volume of trade that we think that the figures are meaningful to you and we have summarized these figures on our form B, which appears opposite page 78 in our statement and I will give a copy to the reporter. (See p. 4535.) This form shows for three of the important baskets what the impact would be. On sales in the intermediate area, which is a large area of intermediate products where we had figures for $125 million worth of sales, the pretax profit as a percent of sales before the Kennedy round was 9 percent. Under the Kennedy round our members calculate their sales would drop $9 million and the pretax profit would drop to 2 percent. Under the separate package the total loss of sales revenue would be $11 mil- lion and the pretax profit would drop to a pretax profit of only two- tenths of 1 percent. In the dye category involving almost the same volume of sales the pretax profit would be 12 percent before the Kennedy round, 0.1 per- cent under the Kennedy round, and a loss of 6 percent under the "sep- arate" package. For pigments, where we had $59 million worth of sales to study, the pretax profits pre-Kennedy round were 15 percent. Under the Ken- nedy round they fall to 1 percent, under the separate package to a loss of 5 percent. All of this without meaningful increase in export oppor- tunities. Yet we are giving the Europeans the opportunity to either take additional profits or to decide to go for a greater share of the market. We think that that understates the extent to which these deals will have an adverse impact on our industry. Let me state it in another way. We have large diversified chemical companies. They will not go out of business. They will be seriously affected and they will have to adjust. They will have to stop the pro- duction of some products in the United States. This process has al- ready begun. They will be forced to close some plants. This process has already begun.. They will be forced to expand their operations abroad, as Mr. Hegeman said, and this is occurring. On the smaller companies the effect will be more serious. Some will undoubtedly go out of business. Others will stop manufacturing and will begin importIng. This has already begun.. Or some will be absorbed by larger competitors. On labor we are not saying that there will be fewer jabs next year than there are today but there will be far fewer jobs created in the American chemical industry than there have been in the past. We will not be able to make the contribution in the future as we have in the past to the 5 million additional jobs needed in this country every yea.r. There will be workers who lose their jobs and there will be hundreds, and perhaps thousands of jobs exported abroad which would other- wise have been created in the United States. PAGENO="0094" Company name- Product and tariff classification ASP (5/lb.) Export value (5/lb.) Insurance and freight (5/lb.) Commission (5/lb.) Duty per pound ($/Ib.) Landed value, Commission paid (2+3+4+5) (5/lb.) Competitive margin, landed value ASP (6 minus 1) (1) (2) (3) (4) (5) (6) (7) cents/lb. + - percent ASP II. KENNEDY ROUND REDUCTION III. SEPARATE PACKAGE cents/lb. + - percent of export value LOSS OF SALES REVENUE IV. Kennedy round reduction: Average ASP(l, 1)or present landed value (I, 6), whichever is lower, minus landed value after Kennedy round reduction (II, 6)=_..cents/lb. X sales (lbs. -column 2below)=5 V. Separate package: Average ASP (I, 1) or present landed value (I, 6), whichever is lower, minus landed value after separate package (III, 6)=_...............cents/lb. X sales (lbs. -column 2 below) Production Sales Sales (lbs.) revenue (5) (lbs.) (S/lb.) Co ($) st of sales (5/lb.) Pret (5) ax profit (%) Kennedy round Separate package Sales revenue (column 3 - IV) Pret - (5) ax profit (%) Sales revenue (column 3 - V) Pretax - (5) profit (%) (1) (2) (3) (4) (5) (6) (7) FORM A-INDIVIDUAL PRODUCT DATA SHEET, YEAR 1964 I. PRESENT DUTY Present Duty Reduced 50 percent - cents/lb. + - percent ASP PAGENO="0095" FORM B-SUMMARY OF INDIVIDUAL PRODUCT INFORMATION tDollar amounts in millionsj Product group and TSUS No. ~- Base year Kennedy round Se parate package Sales revenue Cost of Pretax profit sales Amount Percent Sales revenue Pretax profit Amount Percent Sales revenue Pretax profit - Amount Percent ~j ~ Intermediates, TSUS 403.48-60 Dyes, TSUS 406.02-50 Pigments, TSUS 406.70 $125 123 51 $114 $11 9 108 15 12 43 8 15 $116 108 44 $2 2 .02 .01 . 4 1 $114 102 41 $0. 207 0.2 1 6 1 6.0 1 2 1 5~ 0 I Loss. PAGENO="0096" 4536 Now the effect on the balance of payments. The chemical industry will have a balance-of-trade surplus this year, and it will not have a balance-of-trade deficit next year or the year after, but its contribu- tion to the United States balance of trade will be seriously affected. There will be a more rapid rise of benzenoid imports than there has been in the past and the chemical industry will continue to lose its share of exports in the world market. We will be forced to invest more abroad. Exports will expand but at a slower rate and by 1975 we ex- pect, unless something is done, that the chemical industry will be in a trade deficit. These are not results we want but we are going to have them whether we like it or not unless something is done to correct the current situation. Mr. Gerstacker referred to the Tariff Commission report. It is not before the committee. We asked and have asked repeatedly that the Tariff Commission conclusions and findings be put before the com- mittee. Initially we were told that the conclusions were not meaning- ful without access to the confidential data. The Chairman of the Tariff Commission said they were meaningful if you understood the facts of the industry, and we had supplied the facts so we thought we could un- derstand them. In any event, if they are not meaningful what harm is there to let them out? More recently we have been told that the findings incorporate con- fidential data. We asked that this data be eliminated, expunged, and that the remainder of the findings and conclusions be released to us and put before this committee. This has not been done. The Government in its testimony described these findings and conclusions in terms that make it clear that they would be meaningful and that they could be put before us and the committee without revealing confidential information. The Commission, according to the Government statement, gave ad- vice as to "whether particular concessions would have an adverse effect upon domestic producers and would have a significant effect on em- ployment profit levels, use of productive facilities." We believe these are significant facts which ought to be before you and ought to be before us so we have a chance to comment on them. Congressman Curtis suggested, if these were to be revealed in the executive session, as the Government has suggested, that we be given an opportunity to be present and comment. We believe this is a sound suggestion and we would certainly support any such proposal that we be given an opportunity to attend and comment. We do not see how the Government can come here and ask for ap- proval without giving us a chance to comment on these figures which it proposes to use. May I say in conclusion that in our view there can be no liberaliza- tion of trade without reciprocity and there can be no liberalization of trade without requiring our trading partners to eliminate the dis- advantage to our trade which comes from the export rebate-border tax mechanism which is now being imposed on us by our trading partners. Our balance-of-trade and balance-of-payments problems will not permit us to go on trying to compete in world markets with one hand PAGENO="0097" 4537 tied behind our back. The issue which we present to this committee is not one of free trade versus protectionism. The issue which is posed is whether the Kennedy round and the chemical deals are such that we can afford liberalization without reciprocity and without equality of tax treatment for U.S. exports, whether we can afford to liberalize trade when our trading partners are not doing so. We believe the answer is "No." We appreciate the opportunity to present this position to the com- mittee. (Mr. Barnard's prepared statement and exhibits referred to in his oral statement follow:) STATEMENT OF ROBERT C. BARNARD, COUNSEL, SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS ASSOCIATION AND DRY CoI~oR MANUFACTURERS ASSOCIATION My name is Robert C. Barnard. I am counsel for SOCMA. My firm is also counsel for the Dry Color Manufacturers Association (DCMA), an association of 23 manufacturers of dry colors used in plastics, inks, rubber, linoleum, paints, etc. With the Committee's permission I would like to submit a list of members for the record. In the interest of consolidating statements, as the Committee has requested, my statement is on behalf of both SOCMA and DCMA. THE "CREDIBILITY GAP" Before getting into my testimony, I could not help but note during the course of these hearings that a number of members of this Committee have commented upon the differences in the evaluation of import problems with respect to particu- lar products which they got from industry as compared to those that they got from the Government witnesses. It was noted that there is apparently a "credi- bility gap". I doubt that this "credibility gap" will be more apparent anywhere than in this discussion of American Selling Price (hereinafter referred to as "ASP"). During the course of my testimony I will refer to several of the more salient examples of this "credibility gap". However, I would at the outset like to point out one of them which deserves particular comment and which does not fit in the rest of my testimony. On page 21, the Government's testimony contains the following statement: "The competitive strength of the U.S. chemical industry is nowhere better demonstrated than in its large and consistently growing surplus in wOrld trade. United States' exports of chemicals and allied products have increased steadily from $1.8 billion in 1961 to $2.8 billion in 1961, an increase of 57 percent or an annual average increase of 7.7 percent. During the same period imports increased from $732 million to $963 million, an average annual increase of only 4.7 percent." This statement is supported by Table 9 submitted by the Government, the relevant portion of which is reproduced facing page 4 with adjustments to reflect the effect of uranium oxide imports. [Table 9 appears in Mr. Barnard's oral presentation.] The figures contained in Table 9 are extremely misleading. The chemical figure for 1961 as published in the Department of Commerce's United States Imports of Merchandise for Uonsumption-1961 Annual, FT 110, for that year is $390 million, not $732 million; the published figure for 1962 is $417 million, not $766 million, as stated by the Government; the figure for 1963 is $558 million, not $114 million as stated by the Government. The remainder of the figures are the same as the figures reported by the Department of Commerce for those years. Now we know how the Government got the figures in Table 9. From 1942 to 1960 the substantial U.S. imports of certain radioactive materials such as uranium ore and uranium oxide were confidential-presumably because of their relation to the atomic stockpile. In 1960 these figures were released and these imports were classified as metals. In September 1963, uranium oxide and a number of other products were reclassified and put into the chemical schedule. So what the Government has done is to go back and change the figures from 1961 to 1963 for the amount of duty to be paid by importers. 95-159-68-pt. 1O-7 PAGENO="0098" 4538 The interesting thing is that uranium oxide imports in 1961 accounted for $276 million or almost 40% of the U.S. chemical import figure reported by the Government in Table 9. Since that time uranium oxide imports have declined drastically until in 1967 uranium oxide imports accounted for only $16 million out of total chemical imports of about $958 million. By going back and including uranium oxide in imports for preceding years the Government has presented an extremely distorted view of what would appear to be a very minimal increase in U.S. chemical imports. All of this without a foot- note of any kind to indicate what bad been done. If uranium oxide imports are excluded, the picture is changed drastically. The Government's statement would then have had to state that chemical imports in- creased from $456 million (not $732 million) to $947 million, an average annual increase of more than 13% a year, instead of 4.7%. In other words, instead of indicating that U.S. chemical eaports were increasing at almost twice the rate of U.S. chemical imports, it should have said that U.S. chemical imports were increasing at almost twice the rate of our chemical ewports. When they insist upon using figures like these, and in a manner which creates a misleading im- pression, is there any wonder that there is a "credibility gap"? There are a number of similarly misleading materials that have been presented by the Government, some of the more important of which we will deal with in the course of our testimony. I. ASP AND THE "SEPARATE PACKAGE" It is important at the outset to clarify what the issue is in view of the com- ment in the press and elsewhere about "ASP" and the "separate package". ASP is generally described by foreigners, and even by our own negotiators, as an out- dated invidious device whIch the United States applies surreptitiously to raise the duties on chemicals for purposes of protecting its overgrown "infant" chemi- cal industry. Obviously since we do not believe `this to be the case, it is important to understand what ASP valuation is and isn't-why it was created and why it is still so important to the benzenoid chemical industry today. Equally important is the necessity of distinguishing ASP from the "separate package" presently be- fore this Committee. It is not just retention of ASP, it `is the "separate package" agreement and its impact on the industry and the Uni'ted States. First, what IS American Selling Price valuation? It is a method of valuation under which the duty is based on a percent Of the wholesale price of the com- parable domestië product rather than upon the price of the imported goods as in the case of export value, more commonly used by the United States, or Brussels (c.i.f) valuation more commonly used by many of our principal trading partners. If there is no comparable domestic product, ASP valuation does not apply. ASP vs. other methods of valuation The principal difference between American Selling Price valuation and these other methods is that the duty is tied to prices and costs in this country rather than those abroad. ASP can be described as a most favored nation tariff-the same amount of duty is paid irrespective of where the product comes from.1 Un- like "export value" it does not discriminate by providing low-wage countrtes with a tariff advantage on top of the cost advantage they already enjoy. Unlike Brus- sels valuation, which uses the c.i.f. value, ASP does not discriminate against a country that is further away or which has to pay discriminatory freight rates. ASP valuation does not require an imported product to pay any more duty as the price of the import goes up or down. The amount of duty remains the same. But it does not further accentuate the cost disparity between the U.S. and foreign producers by providing imports with a tariff saving on top of the substantial cost advantage they already enjoy. If you just stop to think about it a moment, "export" and Brussels valuation can be said to "subsidize" price cutting by imports. Under a 25% duty based on export value, the United States is in effect subsidizing 25% of any price c'ut made by foreign producers. For every dollar they lower their price, the United States collects 25 cents less duty. A dollar price cut e~sts them only 75 cents. `:Ameriëan Selling Price valuation should be judged on. its merits as a method of valuation Judged by objective standards it is not only an excellent basis of 1 That rate of dut~ for Communist Bloc Import is of course hiirher This is due to the rate of duty which is higher for all imports from the Communist Bloc, not just chemicals. PAGENO="0099" 4539 valuation, but a much better method of valuation than either "export value" or the Brussels method- 1. It is more certain; 2. More readily ascertainable by customs officials, importers and domestic industry alike; 3. Less subject to manipulation; and 4. More consistent with the purpose of a tariff in offsetting differences in production costs here and abroad. I would like at this time to submit a memorandum on this point which evalu- ates ASP and other methods of valuation based upon these objective standards, and answers the criticisms made in these hearings. [The memorandum appears as Exhibit 1 at the end of this statement.] Industry Proposed Amendments to Answer Criticisms of A~P The criticisms of ASP valuation made by the Special Representative for Trade Negotiations seem particularly inappropriate. While we have yet to be shown concrete examples in support of their criticisms, we have responded to them. In meetings several years ago with the Bureau of Customs and the Office of the Special Representative and in subsequent correspondence, we pointed out that to the extent that there were any problems we were willing to support appropriate amendments to remove them. However, they were much more deter- iiiined to eliminate ASP valuation than to cure any alleged defects in it. I would like to submit our correspondence on these points for the record. [The corre- spondence appears as Exhibit 2 at the end of this statement.] But we have no cure for the main criticism of ASP made by the Special Rep- resentative-simply because it is invalid! The Special Representative maintains that the most sinister thing about ASP is that by raising the ASP the domestic industry can raise the amount of duty paid by importers and thereby obtain a competitive advantage. I can assure him that the domestic industry would hardly risk fixing prices in violation of the antitrust laws in an effort to raise the amount of duty to be paid by importers. Even if they did, it would not make the. domestic industry competitive with imports-indeed, it would make it less competitive. Assume, for example, a product with an ASP of $1.00 and a 40% ASP duty (the highest ASP dye duty in effect at the time of the Kennedy Round). If the product sold in the U.S. for 99c, 40c would be duty, but it would still have a ic competitive advantage over the domestic product. If domestic producers raised the ASP to $1.10, the import would have to pay 40 more duty, thereby raising its price to $1.03. But, instead of decreasing the competitive advantage of the import, the competitive advantage would actuaily increase from ic (99c vs. $1.00) to 7c ($1.03 vs.. $1.10). The rea- son is simple-the tariff only offsets 40% of any increase in the domestic price. Reasons for adoption of AAS~P valuation Contrary to some folklore, ASP valuation was not developed for purposes of protecting the "infant" domestic chemical industry. In 1922, this Committee reported a bill, later to become the Fordney-McCumber Tariff Act, which estab- lished American Selling Price valuation for all imports. This Committee stated: "There are two chief considerations which influenced the committee to recommend the adoption of the American valuation basis: "(1) The assessing of duties on home values will to a large degree elimi- nate fraudulent undervaluation, a long-continued practice. "(2) The assessment of ad valorem duties in American values will equalize the amount of duty to be collected on similar articles from various countries, regardless of variation in foreign market values and fluctuations in currency." 1 On the latter point, the Committee pointed out: "An ad valorem duty assessed on a low foreign value affords little or no protection. Likewise, an ad valorem duty assessed on a high foreign value may make the duty much larger than is necessary. An ad valorem duty assessed. upon foreign values affords the largest measure of protection where protection is least needed .and gives the smallest degree of protection where protection is needed the most." 2 1 House Committee~ on Ways and.Means, :Gojeflul Tariff Revision, HR. Rep. No. 248, Part I, 67th Cong.,lst Sess. 21 (1921); 21d. at pp. 21-22. PAGENO="0100" 4540 The Senate subsequently limited ASP valuation to benzenoid chemicals and to the flexible tariff provision where "foreign valuation proves to be an uncertain basis for the levying of ad vak~rem duties." 1 The Congress was intensely aware that foreign prices provided a particularly uncertain basis of valuation for benzenoid chemicals because of the operation of the European chemical cartel, led by the Germans. The Committee reports and debates in 1922 and 1930 are replete with references to this cartel and its predatory pricing practices. In 1930 floor debates, Senator Goff pointed out: "Under foreign valuatiOn the European dye cartel can make selective attack on the American coal-tar chemical industry and eventually drive American manufacturers out of business. The cartel can~ fix the foreign valuation on any group of dyes so low that the American manufacturer will be unable to compete, regardless of how high the rates of duty may he." 71 Cong. Rec. 3011 (Feb. 4, 1930). [Italic added.] Thus, the need for a certain and effective basis of valuation to deal with foreign pricing practices led to the establishment of ASP valuation for benzenoid chemicals. These same reasons require the retention of ASP valuation today. Same reasons require ASP today Prices uncertain.-The uncertainty inherent in the use of foreign export value as a method of valuation for benzenoid chemicals is manifest. There simply is no single foreign export value-and published lists are virtually non-existent. Foreign producers export at a wide range of prices-rationa1izati*on of produc- tion abroad allows them to do so and their dependence upon export markets requires it. In connection with the Tariff Commission hearings on the converted rates, we were denied access to the prices at which foreign producers were selling benzenoid chemicals into the United States. Consequently, we had to obtain foreign export values from customs sources abroad. The result was a computer tabulation covering over 10,000 transactions which fully documented the wide disparity in the prices charged by foreign chemical producers in export sales. Prices for the same product from the same country varied as much as 100% in the same year. I would like to submit a copy of this computer tabulation for the record. [This material has been submitted for the Committee's file.] In connection with the Tariff Commission's hearings to establish converted rates, the Department of Commerce tried in vain, via our Embassies abroad, to obtain foreign chemical prices. The embassies uniformly reported what we already knew: such prices were simply unavailable; there are no published prices. I would like to submit copies of these Foreign Service dispatches for the record.. [The dispatches appear as Exhibit 3 at the end of this statement.] Considering this lack of reliable information on export values, where will Customs be able to confirm these values, or do they just accept the word of foreign producers who already sell at a wide variety of export prices and who will, in iiiost instances, be selling to their own U.S. subsidiaries? In this connection I should point out that the Tariff Commission found that sales by foreign manu- facturers to their U.S. subsidiaries accounted for 56% of the value of all ben- zenoid imports in 1964.1 In such cases, the price charged for the import would simply be a matter of whether the foreign company wanted to take the profit here or abroad-it would all be going into the same pocket anyway. Cartels-The European chemical cartel is still with us. Japan not only does not prohibit, but actually requires its chemical producers to rationalize produc- tion and divide markets. Neither the EEC nor the German cartel law prohibits rationalization of production, division of markets, or even price fixing in the export sales outside the EEC. Late last year the German Cartel Authority fined the principal German dye producers, the remainder of the old I.G. Farben trust, for conspiring with Swiss, English and French producers to fix prices. The German Cartel Authority opinion deals only with that portion of the group's actions which related to German prices and therefore illegal under Ger- man law. Inasmuch as no issue of illegality under German law would be involved in rationalization of production, price fixing on exports, or other predatory prac- tices affecting the U.S. market, such matters are not dealt with in the opinion- although it is a little difficult to believe these matters were not dealt with in 1 Senate Committee on Finance, Tariff BiU, S. Rep. No. 595, Part I, 67th Cong., 2d Sess. 3 (1922). 2 Tariff Commission Publication 181, p. 22 (July, 1966). PAGENO="0101" 4541 the course of the meeting. Indeed, the price fixing in Germany was merely a "Miscellaneous" matter on the meeting's agenda. I would like to submit a copy of the decision of the German Cartel Authority, and a translation, for the record, as well as several articles concerning rationalization of production in Japan. [A translation of the German decision appears as Exhibit 4 at the end of this statement; the articles referred to are in the committee file.] In the light of these unfair methods of competition used by many of our foreign competitors-the same methods which concerned the Congress in 1922 and 1930- there are the same reasons for retention of ASP valuation now as existed years ago. While ASP will not insulate the domestic industry from the effects of these unfair methods of competition, it will at least assure that U.S. tariff valuation is not undermined by the use of varieties of prices manipulated by a foreign cartel, or by prices which benefit from rationalization of production, market-sharing agreements, and other unfair methods of competition. The "separate package" That pretty well sums up what ASP is. The "separate package" before this Committee, however, is really more than whether or not to retain ASP valuation for benzenoiç.l chemicals. The "separate package" agreement would not only eliminate ASP valuation; it would, as we shall show later, further reduce tariffs on hundreds-indeed even thousands-of benzenoid chemicals by considerably more than the 50% reduction authorized by the Trade Expansion Act; it would constitute Congressional approval of a wholly unreciprocal deal that w-ill have a serious adverse economic effect upon the domestic chemical industry, its work- ers and the United States balance of payments. You know this ASP issue is really quite unique. We are told it became an "emotional issue" with the Europeans. In fact, ASP became a great negotiating ploy. Our trading partners took ASP valuation, which affects only $50 million in trade-less than 5% of our chemical imports and less than ~ of 1% of total U.S. imports-and blew it into the biggest issue of the Kennedy Round. Professor Stanley Metzger, since appointed Chairman of the Tariff Commission, analyzed the ASP negotiations in 1907 and speculated that the ASP issue was pressed to reduce the 50% tariff reduction target to a lower figure.1 This turned out to be a shrewd analysis for in the end we gave in to the pressure and accepted a 50%-20% deal on chemicals, a "heads they win, tails we lose" deal which will harm our chemical industry and benefit theirs for years to come. At the same time they not only ignored our demands for meaningful conces- sions on agricultural products but actually extended the application of their variable levies which affect more than $600 million in U.S. agricultural exports- 10 times more trade than is affected by ASP. I am sure you recall the testimony of one of our agricultural exporters who told the Committee that ASP is a "paragon of virtue" compared to the variable levy. The Europeans also carried forward their plans for raising their border taxes and export rebates, which affect all U.S. trade by amounts .that will more than offset their tariff reductions in the Kennedy Round. At a time when our balance of payments was steadily worsening, they were not only able to ignore our justifiable demands on billions of dollars of trade, but were able to get us to accede to their demands on ASP. II. TIlE 50%-20% DEAL IS IJNRECIPROCAL Having put the ASP issue into context, I would now like to turn to the three areas in which the U.S. and its chemical industry were deprived of reciprocity. The first area is what we call the 50%-20% deal-the deal which laid the basis for the so-called "separate package" presently before this Committee. In 1962, this Committee approved and the Congress passed the Trade Expan- sion Act providing our trade negotiators with the broadest grant of tariff-reduc- ing authority in our history. However, the Act provided no authority to negotiate any change in American Selling Price valuation or in any other method of valua- tion, or to reduce tariffs in excess of 50%. Both Congress and business had every 1 In testimony before the House Foreign Affairs Committee on February 16, 1967 (Hear- ings on the Foreign Policy Aspects of the Kennedy Round). Professor Metzger said (p. 34) "As with dIsparities, while one can never be sure of another's motives, it is probable that the EEC originally raised the ASP issue largely In order to reduce the 50 percent-reductIon target figure to a much lower figure, which would eliminate the political consequences and reduce the significance of the economic consequences of the Kennedy Round." PAGENO="0102" 4542 reason to believe, and indeed to expeèt, that our trade negotiators would not ex- ceed the broad grant of authority accorded to them. Our negotiators have said that ASP valuation was a major issue "from~ the be- ginning of the Kennedy Round". Despite this fact and their admitted lack of authority to negotiate either ASP or reductions in excess of 50% under the Trade Expansion Act, our negotiators, during this 5-year period, did not at any time request from the Congress the authority necessary for them to negotiate. In June 1966, after our negotiators had made manifest their intent to negotiate away American Selling Price valuation, the Senate expressed its concern by passing Senate Concurrent Resolution 100, which reminded our negotiators that tariff-making is a Congressional function. The Resolution warned them not to negotiate outside of the broad authority contained in the Trade Expansion Act without obtaining the necessary authority from Congress in advance. They chose, however, to disregard this clearly expressed view of the Senate. Promises madc.-In an apparent attempt to justify their disregard of Senate Concurrent Resolution 100, our negotiators repeatedly and publicly promised the industry and the Congress that any agreement negotiated with respect to ASP would be "a separate self-contained an4 self-balancing agreement which the Con- gress will be free to consider on its merits without constraint." 1 The separate package was to be (1) reciprocal, and (2) supported by separate consideration for the benzenoid chemical industry. They told us that "with re- spect to benzenoid chemicals in particular, any concession by the U.S. on ASP would require significant liberalization of the protection now imposed by the EEC, in particular, upon imports of benzenoid chemicals".2 Moreover, they went to great lentghs to emphasize that the "separate package" was not to, and I quote, "be connected with large areas of tariff cuts within the Kennedy Round. Because then it would be a fait accon'tpli, and then we would be holding a gun at the head of Congress, in effect saying, `if you don't do this you would endanger this great negotiation' "~ The negotiators have done precisely the opposite of what they promised- and widened further the "credibility gap". They negotiated a deal which is neither "separate, self-contained [nor] self-balancing". From the outset the EEC insisted that they were unwilling to make any concessions for ASP. So it w-as necessary to put together a deal which would involve no extra consideration by the Europeans and yet at the same time have the appearance of the "separate package" that had been promised. This was done by negotiating a patently un- reciprocal 50%-20% deal on chemicals in the Kennedy Round, which permitted the Europeans to "load" the "separate package" with the other 30% of the Kennedy Round cut. This "package" is in no way "separate"-it is inextricably and purposefully tied to the chemical negotiations in the Kennedy Round. The "package" is not supported by any independent consideration for the benzenoid chemical indus- try-indeed there is considerable doubt as to whether there is any independent consideration at all. The deal merely purports to return to us the 30% hostage which we have already bought and paid for by our 50% Kennedy Round cut. Moreover, a part of the actual Kennedy Round concessions (as distinguished from "separate package" concessions of the EEC and U.K.), of Austria, Finland, Norway and Sweden are tied to implementation of the separate package. Since the "separate package" is tied to one of the larger areas of tariff cuts within the Kennedy Round-the cuts made in the chemical sector-they ii ave adopted a "gun to the head" approach by presenting the Congress and this industry with a fait accompli under which we are asked to choose-a real Hobson's choice-between the "separate package" deal and the 50%-20% deal negotiated on chemicals in the Kennedy Round, `both of which are unreciprocal and injurious. "Balanced deal" rationalization Obviously in order to be able to categorize the "separate package" as "sep- arate" our negotiators are now forced to contend that they obtained a "balanced deal" on chemicals in the Kennedy Round and in the "separate package", and indeed that the United States came out far ahead. To do this the negotiators 1 Hearings `Before the Restate Finance Committee on Trade Policies and thd Kennedy Ronnd, March 10, 1967, p. 35. 2 Speech by the General Counsel of the Office of the Special Representative for Trade NegotiationS, Nov. 10, 1966. Hearings Before the Renate Finance Committee on Trade Policies and the Kennedy Round, March 10, 1967, p. 32. PAGENO="0103" 4543 discarded the linear reduction theory upon which the Kennedy Round ~*as premised, and developed a new theory in an attempt to justify having given a 50% cut in return for a 20% cut. Their "balanced deal" theory is basically that because the value of our chem- ical exports is almost three times as high as our imports, we actually come out ahead when the percent of reduction is weighed by the volume of trade. We cut our tariffs by more than twice as much as the Europeans, but this is out- weighed by the fact that their cuts applied to almost 3 times as much trade. The logical extension of this contrived theory is that in return for a 33% cut by them, we should have cut our chemical tariffs by 100% and that in return for the 50% cut they ultimately made under the "separate package", we should have cut our tariffs by 150%, that is, we should have agreed to pay to them 50% of our existing tariff whenever we import chemicals from them. This unique theory seems to have been invented for, and to apply only to, our chemical deal with the EEC and the U.K. It does not appear to have been applied across the board to other product areas in which we import considerably more than we export. Indeed, it was not even applied on a most-favored-nation basis within the chemical sector. Only the EEC and the U.K. got a 50%-20% deal. Other chemical trading partners, such as Japan, with similar trade* balance paid 50% for our 50% cut. Our trade negotiators' "balanced deal" theory in no way takes into account the key issue in determining reciprocity, which is the effect which tariff cuts will have upon future trade. While the Government speaks of a "fair and bal- anced exchange of trade opportunities" (Government Statement, p. 61), it has presented no meaningful studies as to what the future trade effect would be. The EEC's 20% Kennedy Round "Reduction" As if the 50%-20% deal were not enough, there was still further reason for the European rejoicing referred to by Mr. Turchan in his statement. The 20% cut accepted by the Unitied States meant that in four of the six Common Market countries the duty paid by chemicals would actually be higher after they make their 20% cut on July 1 than it was before. As shown by the following table released by the EEC,1 on July 1, 1968, the average German chemical tariff will actually rise from 11.5% to 11.7%-a rise of 1.7%-and for the Benelux coun- tries, the duty on chemicals will increase from 10.3% to 11.7%-an increase of 13.6%. Sectors Current tariff ra tes in percent Corn mon external tariff France Italy Benelux Gerrnany Now 20 percent Ja - n. 1, 1972 cut 1 Chemicals 14. 0 14. 5 10. 3 11. 5 13.7 11. 7 2 7~ All industry 14. 4 13. 8 11. 2 11. 0 12. 8 10. 7 7. 5 1 The heading "20 percent cut" is misleading. The reduction from the common external tariff (13.7 to 11.7 percent) is only a 14.6 percent reduction. The French and Italian reductions are 16.4 and 19.3 percent respectively, and, as stated above the German and Benelux tariffs actually rise by 1.7 and 13.6 percent respectively. 2 The Jan. 1, 1972, rate for chemicals assumes implementation of the "separate package." Thus, despite their 20% tariff "reduction", the duty on U.S. chemicals enter- ing Germany and the Benelux countries will actually be higher after the cut than before. This is particularly significant when you consider that Germany and the Benelux countries account for over 70% of U.S. `chemical exports to the EEC, and about one half of our chemical exports to the EEC and EFTA com- bined. Indeed,' if we use the negotiators' weighted trade theory, the EEC's Kennedy Round "reductions" actually amount `to a 2% tariff increase. Where is the reciprocity when we have reduced our chemical tariffs by 50% in return for foreign tariff concessions which actually result in a rise in the duties applicable to our products? I believe this analysis pretty clearly demonstrates that the 50%-20% deal made in the Kennedy Round was unreciprocal. Even under the negotiators' own linear standards of equal percentage cuts, the European countries should h'c~ e been required to pay at least 50 percent in return for our 50 percent cut 1 CCH Common Market Reporter, Vol. II, ¶9227 `(April 1968) ; from' data released by the EEC Commission. PAGENO="0104" 4544 If reciprocity is measured, as it should be, by the amount of trade which would flow from a given reduction, it is clear that the Common Market's reduction should in fact have been much greater than ours. The conclusion to be drawn from this is quite clear-there simply is no independent consideration for either the elimination of ASP or for the substan- tial reductions in excess of 50% which would result from implementation of the "separate package". The "additional" 30 percent which we are being "offered" is already more than due in return for the 50 percent reduction which we agreed to make in the Kennedy Round. III. THE SO-CALLED "SEPARATE PACKAGE" REDUCES MOST BENZENOID TARIFFS BY MORE THAN 50 PERCENT AND IS UNRECIPROCAL I would like now to focus upon the second area in which the United States and its chemical industry were deprived of reciprocity-the "separate package." The "separate package" agreement which would be implemented by HR. 175~i, provides for still further reductions in excess of the 50 percent reduction made on all benzenoid chemicals in the Kennedy Round. These further reductions result from (1) the adoption of converted rates of duty which do not provide protection equivalent to the ASP rates and (2) the further reduction of many of these converted rates below certain "ceiling rates" agreed to by the negotia- tors. This agreement would require reduction in excess of 50% not only on the vast majority of the benzenoid chemicals produced by the domestic industry but on 9 non-benzenoid chemicals as well. Inequivalent converted rates I would like to first deal with further reductions which result from the elim- ination of ASP valuation via the adoption of the converted rates of duty devel- oped by the Tariff Commission. These converted rates do not provide the domestic industry with protection equivalent to that accorded under ASP valuation. This fact was specifically recognized by the Tariff Commission, which stated in its Report, TC Publication 181, July 1966 (p. 53), that: * * * no schedule of converted rates could be devised which would provide for future imports `protection' equivalent to that afforded by the ASP system." However, in order to analyze the economic effect of adoption of the proposed converted rate, it is not sufficient just to know that the rates do not provide equiv- alent protection. We must in some way assess just how inequivalent the converted rates really are. While time will not permit me to deal with the complicated mat- ter of converted rates in any great detail, I believe it would be helpful to review briefly just what we mean by the term "converted rate". The converted rate is the rate which, when applied to the more commonly used "export value" method of valuation, yields the same amount of duty on a product as would have been yielded `by application of the current statutory rate to the American Selling Price of the product. Thus, a product which currently bears a 25% duty `based unon the American Selling Price. which has an American Selling Price of $2.00 and a foreign export value of $1.00, would have a converted rate of 50% in order to yield the same amount of duty. You need only divide the American Selling Price by the foreign export value and multiply the result times the present ASP duty in order to obtain the converted rate. It is important to note that the greater the disparity between the U.S. price and the foreign price, the higher the converted rate as compared with the present ASP rate. With this background I think that you can see the basic deficiencies in the con- verted rates developed by the Tariff Commission. In examining these deficiencies it is necessary to distinguish between the converted rates for products specifically named in the tariff and the converted rate developed for the "basket" categories. Neither provide protection equivalent to the ASP rates, but they are inequiva- lent for `somewhat different reasons. The rates for named products were fairly equivalent as of 1964, but subject to erosion, while the rates for the basket cate- gories were grossly inequivalent to begin with-indeed, they amounted to a sub- stantial unilateral tariff reduction. Rates for named products are subject to erosion The converted rates developed by the Tariff Commission for named products were a little too low due primarily to reconstructing export values after the fact, but on the whole these rates do provide `a substantial degreee of protection, at PAGENO="0105" 4545 least as of 1964. Irrespective of how equivalent the converted rates on named products may have been as of 1964, they were subject to erosion. Any converted rate will only remain equivalent as long as the basic relationship between the ASP and the foreign export value remains the same. If after conversion this basic relationship changes, then the equivalency of the degree of protection will also change. Because the switch to export value would provide an added incentive for lower- ing the export value in order to obtain a lower duty, it will place in the hands of foreign producers the ability and the incentive for eroding away even the most equivalent converted rate. It is quite clear that even the most equivalent con- verted rate based upon 1964 data will soon be eroded away because it is clearly in the foreign producers' interest to do so. Remember the wide range of prices at which foreign producers sell and that 56% of benzenoid imports are trans- actions between foreign companies and their LT.S. subsidiaries in which the price of the import transaction is merely a Question of where to take the profit. The converted rates for the baskets result in substantial unilateral tariff reductions Although also subject to erosion, the converted rates for the basket categories suffer from a much greater defect-they did not even begin to provide equivalent protection as of the 1964 base year. Indeed, as I mentioned a moment ago, these converted basket rates resulted in substantial unilateral tariff reductions. Importance of the basket rates.-These basket rates are extremely important. Over 95% of the benzenoid products produced commercially in the United States are not named in the tariff and consequently must derive their tariff pro- tection from the rates established for the so-called "basket categories". For ex- ample, the dye and pigment baskets alone account for over 90% of the more than 2,000 dyes and pigments produced domestically and represent approxi- mately 60% of the total value of domestic production. The Special Trade Repre- sentative further emphasized the importance of these "baskets" when he pointed out that the basket rates are the "key to the future" for it is the basket rates which will apply to "tomorrow's products." The competitive-noncompetitive distinctiom.-Yet it is in this critical area that the Tariff Commission's converted rates have their most serious deficiency. The Commission failed to distinguish between competitive and noncompetitive prod- ucts in establishing converted rates for these "basket categories." ASP valuation is applicable only to "competitive" imports, those which compete directly with identical products manufactured domestically. The noncompetitive products, which do not compete directly with domestically manufactured products. are valued in accord with the more common export valuation methods and there- fore their converted rate is essentially the same as the existing rate. In terms of providing equivalent protection for products of U.S. industry, only the converted rates for competitive products are relevant. Yet the Commission found that it was precluded "by the request of the Special Representative" from distinguishing between products on the basis of their com- petitive status even though it w-as recognized that to do so would have provided "a more equivalent degree of protection". (TC Publication 181, p. 55.) In view of the instructions of the Special Representative, the Commission, in order to establish the converted rates for the basket categories, averaged together the converted rates for competitive and noncompetitive products with the anoma- lous result that the effective rates of duty on nonconpetitive products were `increased while the effective rates for imports for competitive products were substantially reduced. Because in most instances the value of noncompetitive imports in the baskets were greater than the value of competitive products, the converted rates for the baskets were weighted heavily downward. Consequently, the effective rates of duty on competitive products were reduced much more than the effective duty on noncompetitive products were raised. Unilateral reductions.-Thus, the failure to distinguish between competitive and noncompetitive imports resulted in converted rates that amounted to a unilateral tariff reduction of from 14% to 44% for the large portion of domestic products, including the important "products of the future", which will have to derive their tariff protection from the basket categories. I would like to illustrate this point with the following example: On the basis of its own data, the Tariff Commission informed us it found that the average converted rate for competitive dyes imported in 1964-covered by the basket PAGENO="0106" 4546 406.50-was 72% while the average converted rate for noncompétitive dyes was approximately the same as the existing statutory rate of 40%. By averaging all of these converted rates together on a weighted average basis, which gave added emphasis to the noncompetitive converted rate inasmuch as the value of such im- ports were almost twice that of competitive imports, the Commission came up with a rate of 48% for the basket cat~gory. Based upon the Commission's own data; this constituted a 33% decrease-72% to 48%-in the average level of tariff protection accorded dyes produced in the United States. The same averaging system resulted in similar unilateral tariff cuts on competitive products in the important basket categories, as shown in the following table: [In percent[ Converted ad valorem TSUS rate on competitive products based on Tariff Commission data Tariff cony Commission erted rate Unilateral tariff reduction 403.60 Intermediates 42 36 14 405.15 Pesticides 39 25 29 405.40 Plasticizers 53 36 32 406.50 Dyes 72 48 33 406.70 408.60 Pigments Flavor and perfume materials 77 64 43 54 16 I emphasize that these figures on unilateral tariff cuts as a result of the conversion alone are based upon the Commission's own data. Industry data indi- cates that the unilateral cuts were actually greater: The "ceiling rates" result in tariff reductions substantially in eweess of 50% The unilateral tariff reductions accorded by the Tariff Commission's converted rates were further compounded by the "ceiling rates" agreed upon by the trade negotiators. The "separate package" agreement not only provides for the adop- tion of the inequivalent converted rates, but also requires that many of those rates be still further reduced to agreed-upon "ceiling rates". With respect to most benzenoid products produced in the United States the combination of inequivaleiat converted rates plus the "ceilings" result in tariff reductions considerably greater than the 50% reduction authorized under the Trade Expansion Act. Basket Rates-The Government witnesses insist that the reductions in the baskets-the "key to the future"-are less than 50%. Their claim is predicated on the Tariff Commission's converted rates which are based on the mixture of com- petitive and noncompetitive products; it disregards the only relevant rate for measuring the tariff reductions for products produced in the United States. Since the Special Trade Representative's directive prevented the establishment of equivalent converted rates for competitive products in the basket categories, the Government is attempting to "lift itself up by its own bootstraps" by claiming these inequivalent converted rates as an appropriate starting point for measuring the percent by which the basket categories were reduced. If the proper measure of reduction on competitive products-the average con- verted rate for competitive products-is used, the Commission's own data shows that the total reduction on competition products exceeded 50% in the important basket categories. The following table is illustrative: [In percenti Tariff STR table 10 TSUS Commission converted rate for competi- tive imports final ad valorem equivalent Total reduction 403.60 405.15 405.40 406.50 406.70 408.60 Intermediates Pesticides Plasticizers Dyes Pigments Flavor and perfume materials 1 46 145 1 61 72 77 1 65 20 15 20 30 30 20 57 67 66 59 61 69 I Tariff Commission's converted ad valorem rate for campetitive products adjusted for the specific duty ia order to reflect the ad valorum equivalent. PAGENO="0107" 4547 ~S'pecifically Named Prodncts.-Whatever equivalency there may have been in the converted rates for individually named products as of 1904, the "ceiling rates" agreed to in Geneva resulted in tariff reductions substantially in. excess of 50% for virtually all of these products. In order to demonstrate the magnitude of these reductions, we have taken Table 10 submitted by the Government and, in- serted a new column showing the percent reduction for the specifically named products based on the Government's own figures. Table 10 as so modified i's attached. It shows that out of 61 TSTJS items cover- ing specifically named competitive products for which the Government has shown ad valorem equivalents, 42 have a `total reduction in excess of 50%, 23 in excess of 60%, 9 in excess of 70%, and 3 in excess of 80%. [Table 10 as modified is at- tached as Exhibit 5.] Th'e majority of the competitive products specifically named have total tariff reductions of 60% or more. ~S'igniflcance of cuts in excess of 50% In connection with all of the reductions in excess of 50% that I have men- tioned, it is important to note that a 60% reduction in the present rate of duty is the same as an additional 20% cut on top of the 50% cut autho'rized under the Trade Expansion Act, and a 75% reduction in the present rate is the same as two successive 50% cuts. In this connection, it should be noted that the last AFL-CIO convention passed a resolution on ASP which states: "No tariff cutting, `beyond the authorization of `the Trade Expansion Act, should be approved if there i's any change of methods of valuation such as American Selling Price." While "not arguing either for or against retention of ASP", Mr. Andrew Bei- miller testified on behalf of the AFL-CIO that: "Those who support the removal of American Selling Price valuation argue that `the four industries-benzenoid chemicals, canned clams, wool- knit gloves and rubber soled footwear-should no't have a separate method of valuation because no other industry enjoys thi's special method of pro- tection. By `the same token, it seems reasonable to us that no industry should be given different treatment by being asked to absorb a greater than 50% cut." [Italic supplied.] Yet the "separate package" agreement before this Committee would require our industry `to absorb cuts in excess of 50% on the vast majority of the benzenoid chemicals produced in the United States and on 9 non-benzenoid chemicals as ~vell. The "separate package" agreement is therefore clearly inconsistent with the position taken by the AFL-CIO. Lack of economic rationale Perhaps the most interesting thing a'bout this "separate package" agreement is the complete lack of any sensible economic rationale. This is demonstrated by the fact that there were cu.ts in excess of 50% on most of the products we. make while the tariffs on products we don't make are actually raised. Because of the failure to make the competitive-noncompetitive distinction the rates of duty on noncompetitive products, those which are not made in the United States, would actually be raised above what has already been agreed to in the Kennedy Round. More important, the tariffs on the competitive products, those we do make, would be reduced by considerably more than 50%. In other words, the Congress is actually being asked to raise the duties on those products that we do' not make and at the sam.e time ask to reduce by more than 50% the duties on the products that are made in this country. What kind of economic sense does this make? Moreover., as you will remember, I pointed out earlier that the conversion process results in the highest converted rates where the disparity in the U.S. and the foreign export value is the greatest. Consequently, in lowering the converted rates to the "c.eiling rates", the greatest amount of tariff cut has been made on precisely those produc.ts for which the foreigners have `the greatest cost and price advantage over the United States. Where there is the least disparity between the United States and foreign prices the tariff is reduced by only slightly more than 50%, but where the dispartiy is the greatest the total reduction is as much as 80%. The greater the foreigner's cost and price advantage, the greater will be `the tariff reftuction under the separate package. This too is exactly the oppo- site of what any reasonably considered proposal should suggest. PAGENO="0108" 4.548 Non-chemical "concessions" There were three "concessions" not related to chemicals which were thrown into the "separate" package as sweeteners on the theory that, as Mary Poppins says, "A little bit of sugar helps the medicine go down". `These "concessions" are hardly that at alL First, Belgium, France and Italy agreed to "set in motion the necessary con- stitutional procedures in order to adjust modalities" of their automobile road taxes so as not to discriminate against high `cylinder capacity automobiles. Two comments should be made. (1) The United States has taken the position that this discrhnination is illegal under the GATT; and yet we are proposing to "pay" for its elimination. Section 252(a) (2) of the Trade Expansion Act specifically prohibits our nego- tiators from paying compensation for the removal of such illegal barriers. (2) In addition, it is hard to say from this language what is agreed to-if indeed the Europeans agreed to do anything. The Government witnesses have now said the President will not proclaim the separate package until the laws are passed eliminating the illegal discrhnination, but that is not what the agreement says. Under the agreement, all the Europeans have to do is "set in motion" the constitutional procedures-whatever that means. In this country I guess it would mean dropping a bill in the hopper. Second, the U.K. agreed to reduce the Commonwealth preference on tobacco by 25%. United States tobacco sells in the U.K. on the basis of quality, not price. Even without preference `the price of tobacco from the Commonwealth countries is well below the U.S. price. Our sales to the U.K. have skyrocketed as a result of the sanctions against Rhodesia- previously by far the largest Commonwealth supplier. As long as Rhodesia is under sanction we will continue our high level of tobacco exports to the U.K., but if the sanctions are ever removed we will hardly be able to compete with Rhodesian tobacco which will sell for less than half the U.S. price even before the preference. Indeed, the Department of Agriculture ,testified that we would be back before sanctions-our trade could be cut in half. The U.K. would then return to buying only enough U.S. tobacco to maintain the quality demanded by the U.K. consumers. Given `the large amount of U.S. tobacco the U.K. is having to import in the present "sellers'" market, any lower ing of the preference is a concession to U.K. tobacco manufacturers, not a con- cession to the United States. Finally, the Swiss have agreed not to restrict imports of prepared or pre- served fruit which contain corn syrup. We checked with the Department of griculture and the National Cancer Association and were informed that al- though Swiss law does not specifically allow corn syrup to be used in canned fruits, we have been exporting canned fruit with corn syrup to Switzerland for years without incident-over $2 million worth last year alone. Thus, what the Swiss are offering is hardly a "concession." On the contrary, if it is anything, it is a rather unpleasant threat. Are the Swiss now saying they will stop imports of fruit containing corn syrup from the U.S. unless we agree to tile separate package? Is such a threat a "concession" which justifies an unreciprocal deal? Separate Pacl~age Oh emical "Concessions" are Tinreciprocal The Government has stressed that we would obtain a 30% reduction in EEC and U.K. chemical tariffs if the "separate package" is approved. The United States has of course already more than paid for this 30% reduction with its 50% Kennedy Round reduction. However, after the Kennedy Round deal was made we went to the industry and put to them the following question: Is the 50% reduction in European chemical tariffs worth the abolition of ASP and the further duty reductions in excess of 50% which would be re- quired under the "separate package"? We asked them to face this issue on the assumption that the 50%-20% deal was a left accompli, whether they liked it or not. Facing this issue, the indus- try studied the "separate package" carefully and came up with an answer. The answer was clear, the answer was unequivocal. The answer was an emphatic no! The reason is simple. Because of our inherent cost disadvantages, a 30% reduction by foreign nations would not generate as much new export trade for the United States `as our further duty reductions would provide for our foreign PAGENO="0109" 4549 competitors. So even if we were to view the "separate package" as a separate package-which it is not-the domestic chemical industry is clear that it would cause more harm not only to the industry and its workers, but to our coun- try's balance of payments as well. This is not to say that there would be no benefits from the additional 30% cut by the foreigners, bnt only that whatever benefit we might derive in their markets would not be comparable to the benefits which they would obtain in ours. Thus, no matter how you cut it, there simply is no reciprocity in the "sep- arate" package. Indeed, it is difficult to see where there is really any independent consideration at all. This is the second way in which the United States and its chemical industry were deprived of reciprocity. IV. BORDER TAXES AND EXPORT REBATES DISADVANTAGE U.S. TRADE AND MAKE THE CHEMICAL DEALS MORE UNRECIPROCAL This brings me to the third way in which the Kenned.y Round lacked reciproc- ity-that is, the border tax-export rebate mechanism employed by our principal trading partners. This mechanism disadvantages not only chemicals, but the entire spectrum of United States trade. I mention chemicals particularly, because since the begimming of the negotiations, the United States chemical industry has beeen. complaining long and hard about these trade barriers, but to not avail. Invalidity of GATT ground rules.-The ground rules set forth in the General Agreement on Tariffs and Trade have been interpreted as distinguishing between indirect taxes, such as turnover taxes, and direct taxes, such as income taxes, on the theory that turnover taxes are passed forward to the consumer, while income taxes are passed back to the producer. On the assumption that turnover taxes are taxes on domestic consumers, many of our principal trading partners apply these taxes to imports at the border and then rebate (or exonerate) such taxes on exports. The invalidity of this distinction is manifest. We were pleased to see that the Government now accepts the consensus of economic opinion today that both taxes are passed forward to the consumer as much as the law of supply and demand will permit. An assumption that both forms of taxation are passed fully forward is certainly closer to economic reality than the assumption that one is always passed wholly forward while the other is always passed wholly backward. Disadvantages to U.s. trade.-The use of this border tax-export rebate mech- anism places the United States at a serious competitive disadvantage in interna- tional trade, impairs the value of tariff concessions made to us, and increases the value of tariff concessions we make to other countries. Until January 1 of this year, this mechanism disadvantaged our trade in two ways. First, it forces our exports to bear not only the entire U. S. tax burden but, via the border tax, approximately half the total tax borne by the similar product in Common Market countries. At the same time, foreign turnover tax rebates subject U.S. industries to unfair competition from imported products which have to bear only about 50% of their domestic tax burden and none of the tax burden borne by similar products in the United States. Effect on> tariff negotiations.-Second, the adverse effect of the border tax and export rebate increases markedly as tariffs are reduced. European countries re- duce only a part of the over-all barrier to our exports, while we reduce our entire barrier to theirs. Even if one were to accept the dubious negotiating position that equal percentage reductions in over-all trade barriers constituted reciprocity,. it is clear that we have not been receiving it. If we reduce our entire trade bar- rier (tariffs) by 50% while they reduce only half of their trade barrier (tariffs plus border taxes) by 50%, we end up having reduced by twice as much as they have. It is extremely difficult to understand how we could expect to obtain any sem- blance of reciprocity in the Kennedy Round, in which we made the largest tariff reductions in our history, without first requiring our trading partners to remove these unfair disadvantages to U.S. trade. Border Taa~ Ewport Rebate Increases In fact we did even worse: we negotiated the Kennedy Round agreement know- ing full well that the Common Market countries were in the process of "harmo- nizing" their turnover taxes in such a way that the border taxes and export rebates of most of these countries would be increased drastically. Indeed, on June 2, 1967, almost a month before the deal was finalized, Germany passed a law increasing its border taxes and rebates from 4% to 10%. PAGENO="0110" 4550 As a consequence of our failure to take into account border taxes in the Ken- nedy Round negotiations, we are now faced with the fact that in most of the Common Market countries the barrier to our exports will actually be higher after the full Kennedy Round reductions than they were before the agreement. More- over, their increased export rebates, when combined with our tariff reductions, will result in a situation in which their rebates will completely offset the total amount of our remaining tariff. TVliat's happening in Germany? Let me demonstrate by showing what; is happening in Germany, our principal trading partner in the Common Market. Until December 31, 1967, the Germans had a "cascade" type turnover tax under which goods were taxed 4% each time they changed hands. Because of the taxes already included in material which went into a product and because the goods might change hands several times in the distribution process, the total level of tax borne by the product was considerably higher. A border tax of 4% was applied to most imports, and exports received a rebate or exoneration of a similar amount. On January 1 of this year the Germans switched to a "value added" type turn- over tax of 10%, and the border tax and export rebate were increased to 10%. Both of these taxes will be increased to 11% on July 1, 1968. The German Govern- ment claims that the over-all tax burden within Germany was not increased as a result of its change. The Germans maintain that an 11% tax on the "value added" basis yields the same amount of revenue as a 4% turnover tax on a "cascade" basis-the average burden on German products is the same. But the border tax and export rebate have in fact more than doubled. Whether or not the adjustment in German border taxes and export rebates is in accord with the unjustifiable distinction currently made in the GATT, the fact of the matter is that U.S. exports to Germany will have to pay more than twice as much border tax in order to enter the German market as before. German exports with which we will have to compete, both in the U.S. and in third country markets, will have the benefit of twice as large a tax rebate. If we accept-as we should-the German premise that the over~all tax burden within Germany remains the same, two conclusions follow: (1) the competitive position of U.S. goods entering Germany is disadvantaged by 7% and (2) the competitive position of German exports to the U.S. and to third countries is enhanced by 7%, the amount of the additional rebate. Effect of German Border-Taco Increase. The result of this border tax increase is shown on Chart I on the facing page. [Chart I appears in Mr. Barnard's oral testimony; Table I in support of that chart is as follows :1 TABLE I-GERMAN BARRIERS TO U.S. CHEMICAL EXPORTS [Percent of c.i.f. valuej Tariff I Border tax 2 Total trade barrier 3 Dec. 31, 1967 Before Kennedy round reduction and border tax increase. Jan. 1, 1968 After border tax increase. 11.5 13. 5 11.7 4 10 ii 15.5 21. 5 22.7 July 3, 1968 After full EEC Kennedy round reduction. Jan. 1, 1972 Under separate package reductions and tax harmonization at 15 percent. 7.1 15 22.1 "CCII Common Market Reporter," par. 9227 (April 1968), from data released by the EEC. 2 Before Jan. I, 1968, the normal German border tax was 4 percent of the duty paid landed value, with a higher rate permitted for some products. Effective Jan. 1, 1968, the German border tax was raised to 10 percent of the duty paid landed value and a 11-percent rate became effective July 1, 1968. By the early 1970's, the EEC countries plan to harmonize their turnover taxes, border taxes, and export rebates at approximately 15 percent. No adjustment has bees made in the border taxes to reflect the fact that they are based upon the duty paid landed value rather than the c.i.f. value. In each case it would result in a border tax aboot 1-percent higher than shown on this table. a Tariff plus border tax equal total barrier. On December 31, 1967, the average German chemical tariff was 11.5%, and a border tax of 4% was assessed on the duty-paid landed value of the import: the total barrier-tariff plus border tax-was 15.5%. Actually this understates the barrier slightly because the 4% border tax was applied to the duty-paid landed value and, consequently, on the basis of c.i.f. value, was approximately 1% higher; but for the purposes of simplicity we have not reflected this on our chart. PAGENO="0111" 4551 On January 1, 1968, the border tax was raised 6 percentage points to 10%; the total barrier, therefore, rose by a similar amount to 21.5%. On July 1, the border tax will go up another 1% to 11% and the tariff, as we pointed out earlier, will also increase .2% despite their 20% "reduction". This "reduction"-their. total chemical "reduction" in the Kennedy Round deal-will increase their total bar- rier to 22.7%. In other words, under the completed Kennedy Round agreement on chemicals, German chemical tariffs will actually be .2% higher than they would have been before the Kennedy Round, and the border tax will be 7% higher. Instead of it costing 15.5% for our products to enter Germany, it would cost 22.7%. And remember, the Germans claim that the over-all tax burden within Germany has not been increased. But that's not all. Even if we assume that under the "separate package" the Germans reduce their chemical tariffs by 50%, and continue with the present plans of harmonizing turnover taxes at about 15%, our chemical exports will be almost just as bad off-the total barrier will only have been reduced from 22.7% to 22.1%-but that must be compared with the barrier of 15.5% before the Kennedy Round. As Mr. Turchan said earlier, what they have given with one hand, they have more than taken away with the other. This must have been what the U.S. Delegation meant when it recently told GATT that changes in border taxes "may often dwarf recently negotiated trade concessions". Effect of Increased German Enport Rebates. The increased German border taxes are only one-half the story, as Chart II on the facing page demonstrates. Chart II appears in Mr. Barnard's oral testimony; Table II in support of that Chart is as follows: TABLE 11.-U.S. BARRIERS TO GERMAN CHEMICAL EXPORTS [Percent of export valuej U.S. tariff 1 German ex- Effective port rebate 2 U.S. tariff 3 Dec. 31, 1967 Before Kennedy round reduction and export rebate increase. Jan.1,1968 After 1st U.S. tariff reduction and German export rebate increase. July 1, 1968 After further export rebate increase. Jan.1, 1972 After full U.S. Kennedy round reductions and EEC tax harmonization at 15 percent. 15.9 14.4 14.4 9.1 4 10 11 15 11.9 4.4 3.4 -5.9 I Weighted average U.S. chemical tariff on dutiable imports before Kennedy round reductions were estimated by the Government to be `almost 16 percent" (Government statement, p. 46). The U.S. tariff after full Kennedy round reduction was obtained by reducing 15.9 percent rate by 43 psrcent, by the average U.S. reduction in chemical tariffs in the Kennedy round (see Government statement, p. 38). 2 Before Jan. 1, 1968, the German export rebate (or tax exoneration) was 4 percent of the price in Germany, with a higher rate permitted for some products. Effective Jan. 1, 1968, the German rebates rose to 10 percent and will move to 11 percent on July 1, 1968. By the early 1970's, the EEC countries plan to harmonize their turnover taxes, border taxes and export rebates at approximately 15 percent. 3 U.S. tariff minus German export rebate equals effective U.S. tariffs. The German rebates offset the U.S. tariff. As the rebates increase, the offset becomes progressively greater until by 1972 the entire tariff will be offset and what we have termed the "effective tariff" will actually be a minus. On December 31, 1967, before we began Our Kennedy Round cuts, the average U.S. chemical tariff on dutiable goods was almost 16% (Government Statement, p. 46), about 4% of which was offset by the German export rebate. This left an effective tariff of about 11.9%. On January 1, 1968, after our first Kennedy Round reduction, our average chemical tariff became 14.4% and the Germans increased their export rebate to 10%. This left an effective chemical tariff of only 4.4%. On July 1, 1968, the German export rebate will increase another 1%, reducing the effective U.S. tariff to 3.4%. After our final Kennedy Round reduction on January 1, 1972, the average chemical tariff would be 9.1%. Assuming EEC harmonization of indirect taxes at 15%, the 15% German export rebate would leave us an effective tariff of minus 5.9%. Invalidity of comparing tariff levels without regard to border tawes The invalidity of examining tariff rates alone without regard to border taxes is demonstrated on pages 45-6 of the Goveriiment testimony and in Table 8 PAGENO="0112" 4552 submitted by the Government. That Table, disregarding border taxes and export rebates, attempts to show how high our tariffs are on 13 low-priced benzenoid in- termediates relative to the EEC tariff on these same products. The Government stated (pp. 45-6) "I can present no more graphic picture to you than that provided by a table we are submitting for the record. This table presents, for a representa- tive `baker's dozen' of the largest-volume intermediates produced, a compari- son of the U.S. and EEC tariff rates as provided for in the ASP agreement. This table indicates that U.S. rates will still he considerably higher than those of the European Community, if the Bill is approved, and that the smallest spread between them is 11 percentage points over an 8 or 9 percent EEC rate." On the facing page, we have taken the liberty of borrowing Table 8 and in- serting two additional columns to reflect the effect of the border taxes anti ex- port rebates on the respective U.S. and EEC trade barriers. [Table 8 appears in Mr. Barnard's oral testimony.] The EEC is expected to harmonize its border taxes and export rebates at about 15% about the time the Kennedy Round cuts are completed. We have therefore added 15% to the EEC tariff to reflect the amount of the border tax. Similarly, we have subtracted 15% from the U.S. tariff to reflect the amount of it that is offset by the EEC export rebate. The results are startling. Instead of having a table showing the U.S. rates "considerably higher"-an average of 5 times as high as the EEC-the Revised Table shows that their barrier on these products averages out to be almost ~ higher than ours. Instead of our barrier being at least 11 percentage points higher on all 13 products, their barrier is 5 to 19 percentage points higher than ours for 10 of the 13 products. Table 8 clearly demonstrates what happens when you attempt to deal with tariffs alone as if the border tax-export rebate mechanism did not exist. As I mentioned before, these increased border taxes and export rebates aren't just affecting chemicals, as is shown by Charts III and IV on the following pages which make the same comparisons for all industrial products. Charts III and IV appear in Mr. Barnard's oral testimony; Table 111 and IV in support of these Charts are as follows: TABLE Ill-GERMAN BARRIERS TO U.S. EXPORTS [Percent of c.i.f. value] Tariff I Border ta x 2 Total trade barrier3 Dec. 31, 1967 11.0 Before Kennedy Round reduction and border tax increase. Jan. 1, 1968 11.0 After border tax increase. 4 10 15.0 21.0 July 1, 1968 10.7 After 1st 2 steps of EEC reduction. 11 21.7 Jan. 1,1972 7.5 Under full EEC tariff reductions and tax harmonization at 15 15 22.5 percent 1 Sen table I. 2 See table I. See table I. TABLE V-U.S. BARRIERS TO GERMAN EXPORTS [Percent of export value] U.S. tariff I German export rebate 2 Effective U.S. tariff 3 Dec.31, 1967 11.8 4 7.8 Before Kennedy round reductios and export rebate increase. Jan.1,1968 11.0 After 1st U.S. tariff reduction and Germas export rebate increase. July 1, 1968 11.0 After further export rebate increase. Jan. 1,1972 7.7 After full U.S. Kennedy round reductions and EEC tax harmoniza- tion at 15 percent. 10 11 15 1.0 0 -7.3 1 Weighted average U.S. tariff on all dutiable imports in 1965. "Statistical Abstract of the United States," 1966, p. 878. 2See table II. See table II. PAGENO="0113" 4553 The effect upon our balance of trade is already apparent. In the first quarter of 1968, German exports to the United States rose a phenomenal 50% over the same period in 1967. From the point of view of its effect upon international trade, it is clear that the increased German border taxes and export rebates have the effect of a devaluation. This has been recognized by Germany's trading partners, including the U.S. Because of the adverse trade effect, Belgium, Netherlands, Italy and Austria are adjusting their border taxes and export rebates upward even in advance of switching over to the "value added" type turnover tax.1 Within the next two years, all of the Common Market countries (except France, which already has the "value added" tax) will move from a "cascade" to a "value added" type turn- over tax system, which will similarly increase the disadvantage to our trade. Den- mark has already adopted the "value added" tax and the U.K., Sweden, and other countries are also considering similar moves. Moreover, by the 1970's, the Common Market countries are planning to harmonize their turnover tax rates at 15%. All of this is nothing new. Since 1963 the United States has been actively negotiating with i.ts trading partners with respect to the effect of a border tax mechanism upon our trade, the added disadvantages which would be caused by harmonization, a.nd the adverse effect which these actions would have upon the international payments system. The mystery is how the Government could be- lieve that tariff reductions were meaningful when our trading partners not only left the border tax disadvantage untouched but were actually in the process of in- creasing this disadvantage. Countervailing duties.-Our countervailing duty statute was designed to prevent unfair competition from imports which had the benefit of export re- bates or other forms of exoneration from foreign taxes. Although there have been applications of countervailing duties with respect to some types of export re- bates or tax exonerations, the Treasury Department has failed to apply the law to rebates of turnover taxes despite the unfair advantage they accord to imports. Section 303 of the Tariff Act of 1930 requires the imposition of countervailing duties to offset any direct or indirect bounty or grant accorded by a foreign coun- try upon export of a product. Both the language of the statute and its legislative history make it clearly applicable to the rebate or exoneration of turnover taxes. In spite of explicit Supreme Court decisions interpreting this statute as applying to these types of tax rebates, the Bureau of Customs has administratively taken the position of not applying the countervailing duty statute in such cases. Indeed, following entry into the GATT, the Department of State sought legislation to change the statute in order to bring it in line with the manner in which it had been administered. The legislation was not passed.3 Earlier this year, the Treasury Department was asked why this law was not being applied to these export rebates. The Committee was informed that "grant and bounty had been interpreted by prior decisions not to involve a rebate of tax on the product itself". We know of no court case so holding or, indeed, even any formal Treasury Decision directly in point. Earlier in the hearings it was suggested that the Treasury Department submit a memorandum explaining their administrative practice. We believe this would be helpful. We have a memorandum on the applicability of the countervailing duty law to turnover tax rebates which I would like to submit for the record. [The memo- randum is contained in this Committee's file.J This memorandum also points out that the U.S. has made no commitment in the GATT not to apply our counter- vailing duty to rebates of turnover taxes. Paragraph 1(b) of the GATT Protocol of Provisional Application reserves the right of the parties to apply previously existing statutes even though they may not be in harmony with the GATT. In any event, domestic law, which is paramount to the GATT, requires the applica- tion of countervailing duties to turnover tax rebates. Balance of Payments Crisis We support this Committeee in its concern to find a solution to our balance of trade and balance of payments crisis. It is imperative that we act promptly to re- 1 Monthly Economic Letter, First National City Bank, June 1968. 2Nic/iolas i Co. V. United States, 249 U.S. 34 (1919) ; Downs v. United States, 187 U.S. 496 (1903) ; cf. United States v. Passavant, 169 U.S. 16 (1898). Hearings Before the House Committee on Ways and Means on Simplification of Customs Administration (H.R. 1535), 82d Cong., 1st Sess., p. 15 (1951). Hearings Before the Senate Committee on Finance on Hi?. 1612, 825 Cong., 1st Sess., p.1197 (1951). 95-159---68-pt. 1O-8 PAGENO="0114" 4554 move the disadvantages to United States trade if our balance of trade and balance of payments positions is to be impro'ved. We were pleased to see the President recognize the urgency of this problem when be said on January 1 that: "We must now look beyond the great success of the Kennedy Round to the problems of nontariff barriers that pose a continued threat to the growth of world trade and to our competitive position. "American commerce is at a disadvantage because of the taco systems of some of our trading partners. Some nations give across the-board taco rebates on ecoports which leave their ports and impose special border taco charges on our goods entering their country. "International rules govern these special taxes under the General Agree- ment on Tariffs and Trade. These rules must be adjusted to ecopand interna- tional trade further. "In keeping with the principles of cooperation and consultation on common problems, I have initiated discussions at a high level with our friends abroad on these critical matters-particullarly those nations with balance of pay- ments surpluses. "These discussions will examine proposals for prompt cooperative action among all parties to minimize the disadvantages to our trade which arise from differences among national tax systems. "We are also preparing legislative measures in this area whose scope and nature will depend upon the outcome of these consultations." [Italics sup- plied.] Since 1963 we have been negotiating with our trading partners on this border tax issue. Five years went by and nothing was done. On January 1, 1968, the problem had become so serious, the President called for urgent action and a speedy solution to the problem. Over five months have passed since the President issued that call. High level consultations and the prospect of legislation by the United States have not resulted in any "prompt cooperative action" by our principal trading partners. Witnesses at this hearing have forecast that negotiations may last years. Meanwhile, our trading partners are persisting in raising their border taxes and export rebates and thereby further increasing the disadvantages to our trade, at a time when the United States balance of trade can ill afford to be laboring under such disadvantages. The only offer of any assistance which we have received since the President's call is an offer by a number of our principal trading partners to accelerate by one year their Kennedy Round reductions. But this offer was subject to the proviso that the United States impose no border taxes, import surcharges or quotas, and that Congress approve the "separate package" agreement. In an attempt to keep us from following through on this border tax issue, our trading partners have offered us a mere sop. Indeed, even that sop is contingent upon the Congress doing their bidding with respect to this American Selling Price issue. Passing for the moment the clear attempt to dictate to the Congress, what does this mean in practical terms and why do we call it a sop. The Common Market, in reviewing this problem, said that approximately 60% of United States exports to the Common Market would be affected by acceleration and estimated that the acceleration would increase United States exports to Europe by approximately $80 million. This acceleration would amount to an average of about a 1% tariff reduction on about 60% of U.S. exports to Europe. Accepting the Common Market's assumption that this 1% reduction on 60% of our trade would generate $80 million in increased U.S. exports to the EEC in the coming year, then how much do border tax increases of 7% on our trade decrease our exports to Europe? Despite the Committee's interest, the Administration's proposals for removing these disadvantages to United States trade have not been forthcoming. We be- lieve, as the President so rightfully pointed out, that the GATT rules must be revised to remove the substantial disadvantages to our trade caused by the border tax-export rebate mechanism. We have read the U.S. Delegation position paper on border taxes submitted at the recent GATT meeting which the Govern- ment gave to the Committee. We applaud their analysis of the ~~5~~yantage to our trade. But we have been negotiating with respect to this disadvantage for over five years, and have been preparing legislation for over 5 months-all to no avail! PAGENO="0115" 4555 It is obvious that the need is not for further analysis-the need is for action and action now. Certainly, a long drawn-out negotiation is no answer. In our own domestic market, and in third countries, we simply cannot bear the 10 to 15% handicap which results from foreign export rebates and expect to remain competitive. Similarly, our export cannot bear a 10 to 15% border tax handicap and expect to remain competitive. In the face of these significant handicaps, imports will flood our markets and our exports will wither. Since the Administration has not been forthcoming with its proposals, we would like to suggest proposals of our own. In formulating these proposals, we have set three goals: One, that we seek equity, not largesse; Two, that these proposals attempt to minimize the effect which our actions will have upon our trade with countries that do not employ these border tax- export rebate mechanisms; and Three, we should abide by our international commitments. To meet these goals, we recommend that the following steps be taken: First, we should immediately impose a border tax and export rebate to the full extent that we are able to do so consistent with the existing GATT rules, that is, an amount equal to the total amount of indirect taxes imposed upon U.S. products. We believe that, as a minimum, these border taxes and export rebates should be at least 5%. Second, until such time as an acceptable revision of the GATT rules has been worked out, the United States should enforce its countervailing duties statute in accordance with the decisions of the Supreme Court against all imports which have received the benefit of a turnover tax rebate or any other subsidy or bounty. The countervailing duty will fall upon imports from those countries that are subsidizing their exports and will have no effect upon those countries that do not. This step is required by existing law and it does not violate our GATT com- mitments because of the "grandfather" clause in the Protocal of Provisional Application. Third, we should continue to press for an immediate and speedy reconsidera- tion of the inequitable interpretation placed upon the GATT ground rules in order to provide fair and equitable treatment for countries with an income tax system. When a U.S. border tax and export rebate are enacted, the Congress could make the question of our own border tax and export rebate, as well as our coun- tervailing duty statute, proper subjects for discussion in any over-all negotiation designed to remove disadvantages to our trade caused by the border tax-export rebate mechanism, provided reciprocal action was taken by our trading partners. This would provide more equitable treatment for our trade pending appro- priate revision of the GATT rules. It would also provide negotiating leverage to assist our negotiators in working out an equitable setfiement of this problem. This third area-border tax-export rebate-in which the United States did not obtain reciprocity in the Kennedy Round negotiations, is an area in which all U.S. industry is deprived of reciprocity. If prompt action is not taken, this will have a continuing adverse effect upon our deteriorating balance of trade and balance of payments. V. THE KENNEDY ROUND AND "SEPARATE PACKAGE" DEALS WILL HAVE A SERIOUS ADVERSE ECONOMIC EFFECT UPON THE U.S. CHEMICAL INDUSTRY, ITS WORKERS AND THE U.S. BALANCE OF PAYMENTS We would now like to review for you the probable economic effect of the Kennedy Round and separate package agreement upon the domestic chemical industry, its workers and this country's balance of payments. It is interesting to note at the outset the paucity of information in the Govern- ment testimony on this subject. The Committee was given page upon page of statistics as to the competitiveness and efficiency of the U.S. chemical industry, but no attempt was made to give the Committee any meaningful assessment of what the effect of the Kennedy Round and "separate package" agreements will be on the domestic benzenoid chemical industry, its workers and the U.S. bal- ance of payments. The Government presented this Committee with every possible favorable sta- tistic about the chemical industry. But all of these Government statistics on the efficiency of the chemical industry really beg the issue-Mr. Turchan stated at the outset that this is a competitive, efficient industry. The real issue is: What PAGENO="0116" 4556 will be the probable ecoomic effect of these chemical "deals" upon the U.S. industry, its workers and our country's already debilitated balance of payments? Government testimony on economic effect The Government testimony contains nothing but a few generalizations coupled with the assurance that the facts in support of these generalizations are all confidential and therefore will have to be presented to you in Executive Session- a matter about which I will have more to say shortly. All the Committee and the public is told as to the effect upon this industry and its workers is that the Government witnesses: "believe that the recommendations. . . will not cause any significant adverse impact upon the industries concerned." Government Statement, p. 1. [Emphasis supplied.] and that the Government witesses: "would not attempt to mislead you with the judgment that no adjust- ments will be required in this industry, but I believe . . . that they will be surprisingly minimal, and that the adjustment assistance provisions In this Bill will be adequate." Government Statement, p. 52. [Emphasis supplied.] and that: "the larger diversified firms I nthis industry have the resources . . . to shift or re-employ any displaced workers." Government Statement, p. 51 [Emphasis supplied.] but that: "[s]ome of the smaller firms may, in all candor, face somewhat greater problems." Government Statement, p. 51. [Emphasis supplied.] These statements are hardly reassuring. Of the crucial balance of payments effect of these "deals", the Government statement has very little to say except that it will "expand trade". However upon questioning it was acknowledged that this legislation was not a part of the Government's balance of payments program-an admission which we believe to be extremely significant. Views of foreign competitors and marketing analysts In commenting upon the economic effects of this deal we will attempt to give you our informed judgment and some facts as to the effect these "deals" will have upon the operations of our member companies. But in a very real sense we realize that this Committee will have to consider the Government's views and ours as coming from "interested parties." We therefore believe it would be helpful for the Committee to have the benefit of the views of some impartial "third parties", and the rather candid views of some of our foreign competitors. Mr. Turchan has already mentioned to you bow these chemical deals have made an official of our largest German competitor "feel like a little boy who has been promised an electric train for Christmas." Somewhat in the same vein, the British "Review of Industry" in July 1967 stated that: "In chemicals, British, German and Swiss manufacturers should now be able to go hell for leather for the very big benzenoid chemical market of America." In the July 15, 1067 edition of "Chemical Age" (U.K.), Desmond Fitzpatrick. a marketing expert for British Petroleum, Ltd., gives a thorough and pene- trating analysis of the significance of these chemical "deals", especially *as re- gards the low cost, high volume products in which labor cost is a less significant element. Mr. Fitzpatrick states: "The effects of EEC's cuts will be marginal, of Britain's, relatively small. . ." * * * * * * * "The real difference to world trade is likely to arise from the offers, absolute and provisional made by the U.S. There is no need to see the details of the U.S. schedule of offers to assess the revolutionary effect of the general undertakings her negotiators have given." * * * * * * * "If, however, we assume that Congress agrees to the necessary legislation, the prospects in the U.S. market for British and Continental producers of benzenoid chemicals will be revolutionised. This is true in particular when low cost, high tonnage materials are considered." * * * * * * * "The abolition of ASP will have an even greater effect on foreign trade with the U.S. in plastics than in chemicals. . . * * * * * * * PAGENO="0117" 4557 "Thus, an almost untouched export market will be created for plastics and resins manufacturers if ASP is abolished. How far they will be able to take advantage of it depends again on their level of surplus capacity." * * * * * * * "When and if ASP is abolished, levels of new plant capacity will take account of the newly created U.S. market. . . ." I would wish to emphasize that Mr. Fitzpatrick's comments do not relate to the very sensitive labor intensive segment of our industry, but rather to the high volume, low priced, capital intensive products in which the Government has felt there was no threat whatsoever to our industry. The overall significance and effect of these "deals" was summed up in a paper presented by Mr. George B. Hegeman `of Arthur D. Little, Inc. at a Seminar on the Management of International Marketing in the Chemical Industry in Frank- furt, Germany in June, 1967. Mr. Hegeman stated: ". . . Thus, Europe is a strong trading bloc and the move to reduce chemical tariffs around the world will provide a further stimulus to European exports and its balance of payments. With only limited tariff cuts scheduled for now in Europe, the U.S. chemical industry is not expected on balance to benefit from these negotiations. Should the American Selling Price be abandoned, U.S. imports will surely rise rapidly. Since the U.S. chemical trade balance will undoubtedly drop, so will its contribution to the U.S. payments position. However, the major firms now marketing in this area will try to maintain market position and will undoubtedly invest abroad to remain competitive. In doing so, they will follow the classic U.S. pattern of investing rather than trading. Only this time there will be a difference-they will intend to export to the United States and this will reinforce the pattern of improved trade balances in Europe and a deteri- orating position in the United States." Of course, Mr. Hegeman's speech was given before the U.S. adopted controls on foreign direct investment abroad. To the extent that these controls do effec- tively restrict our industry's investments abroad, the effect on `the U.S. balance of payments will be even worse. Our foreign competitors will expand even more rapidly their share of the U.S. and world markets, with no resulting benefit at all for the U.S. balance of payments. From a balance of payments point of view, it is certainly far better for U.S. companies to retain as large a share as pos- sible of its domestic market and of the world market even if it has to do so from lower cost bases abroad-at least our balance of payments would receive the benefit of the return on investment. While we have been unable to find any similar economic independent assess- ments supporting the Government's position, we would, of course, be pleased ~o have the Government cite some for us and for the Committee. As I am sure you must realize, it is little consolation to the chemical industry that its foreign competitors and market `analysts agree with it as to the serious adverse effect these chemical deals will have. The Domestic Industry Analysis as to Probable Economic Effect We would now like to `turn to our analysis of the probable economic effect of these deals upon the operations of our member companies. We did not want to. come and follow the usual course of coming and just telling the Congress how badly we were going to be hurt. We therefore undertook a detailed study-item by item, cent by cent, using the actual sales and cost data off the books of the individual companies-to enable us to present a reasoned appraisal of the situation. Industry Analysis.-I would now like to explain to you the type of analysis we have made. A Form A, which appears on the following page, [Form A appears in Mr. Barnard's oral `presentation] was prepared for each individual product to enable comparison of the American Selling Price with the price at which the imported product could be sold in this market, after the payment of duty, insurance and freight and the importer's commission. The completed form shows the price at which imports can be sold in this country and the rate of duty (1) before the Kennedy R.ound reduction, (2) after the Kennedy Round reduction, and (3) after the "separate package" agreement. We then took the prices `and calculated the loss of sales revenue and `the pre-tax profit which would result if we had to sell our goods at the same `pri'ce at which the imports could be sold in this market as a result of the duty `cuts. In order that there not be the slightest question, the foreign prices used were those derived from PAGENO="0118" 4558 the Tariff Commission's converted rates although in many instances lower price quotations from abroad were available. Our calculations were based upon two assumptions. First, we assumed that the entire amount of the duty cut would be passed on to the consumer. We assumed our foreign competitors would sell at a price that would provide them the same return they are now getting. In other words, that their profit would be the same as the profit which they are currently realizing on their sales to the United states. If these duty cuts are passed on and they still further reduce their price, the result would be even worse. If, on the other hand, these duty cuts are not passed on, it only means that our duty cuts are serving no purpose but to put additional cash in the pockets of our foreign competitors, with no benefit to the U.S. consumer. The second assumption was that U.S. producers would continue to sell the same quantity that we sold in the base period. We recognize that if foreign pro- ducers were able to sell at these lower prices, they would take a large share of the market and that we would therefore not be able to sell the same quantity. Moreover, as can be seen from the pre-tax profit figures which would result from the Kennedy Round deal and the separate package deal, there would be con- siderable question as to whether we would even continue to make the product. As a practical matter, one of these assumptions goes one way and one goes the other. As we shall discuss in a moment, there is no doubt in our minds that the actual effect upon our competitive position would be even worse than the results that are obtained by the method we used. But for now, let us return to our analysis. We took the results of the individual product analyses and grouped them together by categories on Form B. On this basis we came up with an overall picture for the intermediates, dyes and pigment basket categories, which cover three of the principal benzenoid chemical areas. In this way we were able to avoid revealing any confidential business information, since individual product data would be buried in the overall figures which we are presenting. Many companies were unable, either because of the way their books were kept or because of the amount of work involved to develop the information for us on a uniform basis. However, we were able to obtain data in three areas which provide a representative cross section of the industry. In each of these areas we have the results for 8 to 10 companies ranging from the largest to the smallest and in each instance the data accounted for approximately 90% of the total sales of such products by these companies. The products not included were those which accounted for a relatively small amount of the companies' sales. Results of Industry Analysis.-The results are shown on Form B on the facing page. (Form B appears in Mr. Barnard's oral presentation.) For the inter- mediates baskets, TSTJS 403.30-.60, sales before the Kennedy Round by the com- panies supplying data were $125 million and pre-tax profit was 9%. The loss of sales revenue which would be suffered under Kennedy Round reductions was $9 million and pre-tax profit would fail to 2%. Then, assuming the prices at which we would have to sell in order to meet foreign prices under the "separate pack- age" agreement, we would have a total loss of sales revenue of $11 million and a pre-tax profit of .2%. For the dye categories, TSUS 406.-.50, sales by the companies supplying data before the Kennedy Round were $123 million and pre-tax profit was 12%. The loss of sales revenue which would be suffered under Kennedy Round reductions was $15 million and pre-tax profit would fall to .01%. Then, assuming the prices at which we would have to sell in order to meet foreign prices under the "sepa- rate package" agreement, we would have a total loss of sales revenue of $21 mil- lion and a pre-tax loss of 6%. For the pigment category, PSUS 406.70, sales by the companies supplying data before the Kennedy Round were $59 million and pre-tax profit was 16%. The loss of sales revenue which would be suffered under Kennedy Round reductions was $7 million and pre-tax profit would fall to 1%. Then, assuming the prices at which we would have to sell in order to meet foreign prices under the "sepa- rate package" agreement, we would have a total loss of sales revenue of $10 mil- lion and a pre-tax loss of 5%. These calculations clearly illustrate what the Kennedy Bound and "separate package" agreements will do to the competitive position of the domestic ben- zenoid chemical industry. Effect of Foreign Commercial ~trategy.-As I stated earlier, we have no doubt but that the damage to our competitive position is even worse than is reflected PAGENO="0119" 4559 on Form B. We are left open to a commercial strategy by our foreign competitors which would have an even more serious adverse effect than is reflected in these calculations. If you were sitting in the shoes of the foreigners, you would have a strategy to the way in which you passed on the tariff reductions. You would pass on the tariff reductions when the additional share of the market which you would ob- tain would earn more money for you than you would lose by passing on the tariff reduction. On those products where you did not feel you could obtain a sufficiently greater market share by passing on the duty reduction, you would retain the profit and use it in other areas where you are trying to obtain a larger share of the U.S. market-to finance price cuts in addition to the substantial tariff re- ductions. Thus, these deals will give our foreign competitors both the ability and the in- centive to cause serious economic injury to our industry. It is clear that their ability to sell in this market will be largely a function of their abiiity to develop the productive capacity necessary to do so. Given the large amount of profit which they would be able to make as a result of their inherent cost advantage and with the largest chemical market in the world available to them, there can be little question but their already rapidly expanding capacity could continue to expand at an even more rapid pace. Summary of economic effect I think `that in the light of these figures and the independent analyses I re- ferred to earlier it is readily apparent that chemical imports will continue to in- crease rapidly. As mentioned at the outset, even under the current ASP duties, imports have increased an average of 18% a year from 1960 to 1966, with the increase in recent years being even higher. The U.S. share of the export market has fallen from 29.5% in 1960 to 23.7% in 1967. In 1960 $1 out of every $9 of new capital expenditure by the U.S. chemical industry was made abroad, but by 1967 the industry was putting $1 out of every $3 of new capital expenditures into plants abroad. The potential effect of unreciprocal tariff reductions upon our in- dustry can only serve to accentuate these trends. What then will be the effect on these chemical "deals" upon the domestic chemi- cal industry, its workers and the balance of payments position of the United States? Industry-The large diversified chemical companies-Dupont, Monsanto, American Cyanamid, et al-will not go out of business, but they will be seriously affected and will have to adjust. They will have to stop production of a number of products-they have already begun; they will have to close some plants-they have already begun. They will be forced to still further expand the investment in lower cost facilities abroad not only to remain competitive in foreign markets, but in order to remain competitive in the United States' market. The economic effect upon the smaller companies will be considerably greater. Without the benefit of the resources or the diversified product lines of the larger companies some of them will be forced to close up shop. Others, with a stronger marketing position will eventually stop manufacturing in this country, begin importing or be absorbed by larger firms. Labor-There will vot be any fewer workers in the chemical industry next year or the year after than there are this year. `but the effect upon labor will be considerable. There will be fewer new jobs for American workers created by the chemical industry than there have been in the past. The chemical industry will not be able to make a contribution in the future as it has in the past to the hiring and training of the 5 million new worker's which must be put to work each year. There will be American chemical workers who will lose their jobs or have to relocate or be retrained-but that's what adjustment assistance is for. There will be hundreds and eventually thousands of jobs exported by the chemical in- dustry ea~h year which would otherwise have been created in the United States. Balance of Payments.-The chemical industry will not have a balance of trade deficit next year or even the year after, but its contribution to the United States balance of payments will be seriously affected. There will be an even more rapid rise in benzenoicl chemical imports and in chemical imports generally. The chemical industry will continue to lose its share of the world market and thereby further injure our balance of payments. The chemical industry will be forced to invest as much in lower cost facilities abroad as the law will permit. Chemical exports will continue to expand, but at a much slower rate. The chemical industry will each year make less and less of a contribution to our balance of trade until by 1975 we will actually have a trade deficit. PAGENO="0120" 4560 If the "separate package" is approved and steps are not taken to remove the disadvantages to our trade resulting from the foreign border tax-export rebate mechanism, all of these things will come to pass. We do not like it, we do not want it to happen-it will hurt our industry as much as it will hurt our workers and the 11.5. balance of payments. But whether we like it or not, this is what will happen. Tariff Commission Report on Economic Effect As I noted earlier, the Government testimony contains nothing on probable economic effect except a few generalizations coupled with repeated assurances that the facts in support of these generalizations are all confidential and there- fore will have to be presented to you in Executive Session. This is but the latest and most recent example of the steps being taken to keep from this industry and the public the non-confidential portions of the Tariff Commission's findings and conclusions as to the probable economic effect these "deals" will have upon the domestic benzenoid chemical industry and its workers. Despite repeated requests by Members of Congress and our industry, the Government has consistently denied access to the non-confidential findings and conclusions. At first the Government refused to release the Report on the grounds that the Commission's findings were "not meaningful and indeed hardly intelligible" without access to the confidential business data contained in the other part of the Report. When the Chairman of the Tariff Commission was asked what the Commission was doing preparing findings that were "not mean- ingful and indeed hardly intelligible", without access to the confidential business data, the Chairman responded that: "The Commission's conclusions were stated in abbreviated fashion; however, their meaning is perfectly clear to anyone having the background information which the report contained." Certainly this industry has the background information contained in the report- we supplied it to the Tariff Commission in the first place! The repeated requests for the non-confidential findings and conclusions have been denied on the grounds that they would require the release of confidential business information, but not once has the Government asserted that the "findings and conclusions" contain confidential business information. Instead they respond that "both volumes" contain confidential business information. Moreover, requests that the Report be released with any confidential data expunged have met with no response. We find it difficult to understand how our trade negotiators can come before this Committee and request implementation of the separate package agreement without releasing and permitting public comment on the non-confidential find- ings and conclusions of the Tariff Commission with respect to the probable economic effect of such action. These non-confidential findings and conclusions contain valuable information. The Government's own testimony states that: "The Commission advised whether particular concessions would or would not have an `adverse effect' on domestic producers, i.e.. whether `this con- cession would or would not result in increased imports that would have significant effect on employment, profit levels, use of productive facilities, or on one or more of these economic factors' ". They were presumably quoting from the Commission's own description of what its report contained. Why is the Commission's advice as to "whether particular concessions would or would not have an `adverse effect' on domestic producers" confidential? Why is the Commission's advice as to whether "this concession would or would not result in increased imports that would have significant effect on employ- ment, profit levels, use of productive facilities, or on one or more of these economic factors" confidential? Both of these questions can be readily answered without revealing any con- firlential business information. This Committee, our industry and the public can be the judges of whether this information is "meaningful or intelligible" without the underlying confidential business information upon which it is based. If indeed it is not "meaningful or intelligible" certainly no harm can come from its release. The Government has instead elected to attempt to present its evidence on economic effect to this Committee "ex parte" in Executive Session, where the industry will not have the opportunity to comment on their facts and their PAGENO="0121" 4561 analysis. While we believe there is no excuse for the Government's not publicly presenting its analysis, less any confidential information, we agree with Con- gressman Curtis that industry should be represented at any session where the facts `are llscnssed and accorded an opportunity to comment. Uonclii~sio~ In light of the serious lack of reciprocity in the 50%-20% Kennedy Round deal and in the "separate package" and the serious adverse economic effect which these deals will have upon the domestic chemical benzenoid industry, its workers, and the U.S. balance of payments, we strongly urge this Committee to reject the "separate package" agreement and also to seriously consider what further steps it can take to bring some measure of reciprocity to the unreciprocal and coercive 50%-20% `deal negotiated in Geneva last year. In addition, we believe that it is absolutely necessary that prompt action be taken to remove the critical disadvantages caused our trade by the border tax-export rebate mechanism imposed by many of our trading partners. We have requested the prompt "cooperative action" of our trading partners. They have not only rejected our request, but have persisted in actions which will further increase our existing disadvantage. We therefore strongly urge that this Committee take those steps necessary to remove these disadvantages to our trade. In our testimony we recommended one w-ay of dealing with the problem. There certainly may be other's, but the important thing is that action be taken- and taken now. There can be no liberalization of trade without reciprocity, and there can be no liberalization of trade without requiring our trading partners to provide us with the same tax treatment of our goods as we provide theirs. Our balance of trade and balance of payments cannot stand it. Strong as we are, we are unable to compete with the rest of the world with one hand tied behind our back. Thus, the issue we present to this Committee is not an issue of free trade versus protectionism. The issue which the Kennedy Round and these chemical "deals" pose for this Committee is whether we can afford trade liberalization without reciprocity and without equality of tax treatment for U.S. exports; whether we can afford to liberalize trade when our trading partners are doing just the opposite. We believe that the answer to both of these questions is "No"! We appreciate the opportunity which you have accorded us to appear here today on behalf of the domestic benzenoid chemical industry. MEMBERS OF THE DRY COLOR MANUFACTTJRERS ASSOCIATION American Cyanamid Company, Pigments Division, Wayne, New Jersey American Hoechst Corp., Carbic Color Division, 270 Sheffield Street, Mountain- side, New Jersey Federal Color Laboratories, 4526 Chlckering Avenue, Cincinnati, Ohio Geigy Chemical Corp., Saw Mill River Road, Ardsley, New York General Aniline & Film Corp., Dyestuff & Chemical Division, 140 W. 51st Street, New York, New York The Harshaw Chemical Company, 1945 B. 97th Street, Cleveland, Ohio The Hilton Davis Chemical Co., 2235 Langdon Farm Road, Cincinnati, Ohio Holland Suco Color Co., P.O. Box 2166, Huntington, West Virginia I.C.I. (Organics) Inc., 55 `Canal Street, Providence. Rhode Island Imperial Color & Chemical Dept., Hercules Powder, Inc., Glens Falls, New York Keystone Color Works, Inc., 151 West Gay Avenue, York, Pa. H. Kohnstamm & Co., Inc., 161 Avenue of the Americas, New York, New York Frederick H. Levey Co., 380 Madison Avenue, New York, New York Magruder Color Company, 1 Virginia Street, Newark, New Jersey Max Marx Color & Chemical Co., 192 Coit Street, Irvington, New Jersey Allied Chemical Corp., Harmon Colors, P.O. Box 14, Hawthorne, New Jersey New York Color & Chemical Corp., 374 Main Street, Behleville, New Jersey Charles Pfizer & Co., Inc., 235 East 42nd Street, New York, New York Ridgway Color & Chemical Div., Martin Marietta Corp., 75 Front Street, Ridgway, Pa. Sandoz, Inc., Pigment Dept., Hanover, New Jersey PAGENO="0122" 4562 The Sherwin Williams Co 101 Prospect Ave N "~~\ Cleveland Ohio Sun Chemical Corp., 750 Third Ave., New York, New York Thomasset Colors Division, Sterling Drug, Inc.,. 120 Lister Avenue, Newark. New Jersey EXHIBIT 1 COMPARATIVE ANALYSIS OF AMERICAN SELLING PRICE VALUATION AND OTHER METHODS OF VALUATION BASED UPON OBJECTIVE STANDARDS Over the years the valuation of imported goods has proved to be a recurring tariff problem for the United States. Since our import duties are made up in major part of ad valorem duties, the effectiveness of our tariffs is largely a function of the reliability of our methods of valuation. A. "EXPORT VALUE" AND THE PROBLEM OF UNDERVALUATION At the present time, our valuation system is based principally upon "export value", pursuant to which imports are valued at wholesale price at which they are freely sold or offered for sale for export to the United States in the principal markets of the country of exportation. It is usually difficult, if not impossible, for Customs to ascertain with any reasonable degree of certainty the price at which any given product is being sold for export to the United States in the principal markets of any given country. Customs must therefore rely to a very considerable extent upon the prices listed in the invoices submitted by the importer. Consequently, a clear opportunity exists for the foreign producer and the importer to avoid the payment of duty by submitting fictitious invoice values.- Moreover, even where the invoice value does reflect the actual price being charged in the transaction, the price itself may also reflect other relevant considerations, such as tied purchases, which result in an understatement of the export value. Not only does the opportunity and a clear incentive for undervaluation exist, but the abuity of Customs to check on the value claimed by the importer, in- creases the potential for undervaluation-Customs simply cannot readily ascer- tain what the export value should be without making inquiries abroad, which may or may not assist in establishing the export value. Even where foreign in- quiry is made, there still exists the possibility of claiming and supportng an artificial price as the export value. That this is not only possible, but indeed likely, is evident from a recent report prepared by the Customs Bureau1 which discussed the problem of determining whether or not to apply the export value on the basis of the price of the good f.o.b. foreign port or on the basis of an ex-factory price. The elimination of in- land freight charges usually results in an export value three to five percent less than the f.o.b. price. Under existing practice, the merchandise is appraised at the f.o.b. price unless the manufacturer furnishes an affidavit that he sells, or offers to sell, at an ex-factory price. The Bureau of Customs report points out: "That this can lead to fraudulent practices is obvious; to prove it is in most cases difficult, if not impossible. In Japan alone approximately 4,000 manufacturers have submitted affidavits that they sell at an ex-factory price. Because of this most of the merchandise coming out of Japan is ap- praised on an ex-factory basis. Yet those who profess to know claim that 05% of the merchandise imported from Japan is sold on an f.o.b. basis." Because of this problem, the Bureau of Customs last year announced its intent to value all goods coming from Japan on an f.o.b. basis unless an affidavit is submitted a.nd Customs has been able to confirm the fact that the goods are actually sold on an ex-factory basis. The actual implication of this proposed regulation is that the Bureau of Customs is unable to rely upon the sworn affidavits of foreign manufacturers that sell on an ex-factory basis. If we are unable to rely upon the sworn affidavits of foreign producers, at least as to the basis upon which they sell their goods where only three to five percent of the export value is involved and where Customs should be able to check, then one can only imagine the amount of undervaluation involved in the "export values" submitted to Customs where there is usually much more at stake . and where Customs is in even less of a position to check the accuracy of the prices submitted. 1 Bureau of Customs, Evaluation of: Mission Organization Management (December, 1904). PAGENO="0123" 4563 B. "BRUSSELS VALUATION" AND THE PROBLEM OF OVERVALUATION While the export value method used by the United States is subject to under- valuation, the Brussels definition of value applied by most of our principal trading partners often results in overvaluation. Brussels valuation is based upon "the price which [the imported goods] would fetch . . . on a sale in the open market between buyer and seller independent of each other." Although this avoids the necessity of having to determine dutiable value on the basis of prices prevailing in foreign countries, it also gives Customs officials considerable dis- cretion in establishing the dutiable value, especially where the buyer and seller are not completely independent of one another. The International Chamber of Commerce has severely criticized Brussels valuation because of its uncertainty and tendency towards overvaluation.' This criticism coincides with the export experiences of some of our member companies, from whom the resulting overvaluation has become known as the "uplift" or "Maidenform" tax. C. THE AMERICAN SELLING PRICE SYSTEM 1. Objective Standards for Evaluating Methods of Valuation American Selling Price valuation avoids the problems of undervaluation in- herent in our existing system of import valuation, and the overvaluation prob- lems of Brussels valuation. An appropriate set of objective standards for evaluating any method of valua- tion would be that it be (1) certain, (2) readily ascertainable by importers, domestic industry and Customs, (3) not subject to manipulation, and (4) not inconsistent with the purpose of our tariff. The American Selling Price system meets these objective standards far better than either the "export value" method currently applied by the United States or the so-called Brussels method of valua- tion applied by many of our principal trading partners. 2. Whether ASP provides higher valuation base is irrelevant Unfortunately American Selling Price valuation has been much maligned both by our trading partners and by our own Government on the grounds that it pro- vides for a higher basis of valuation and consequently higher amounts of duty than the other methods currently applied. This criticism is completely unjustified and is certainly not a consideration in the determination of which is the most appropriate method of valuation. It should be recognized by all concerned that the fact that one method of valuation results in a higher value than another is completely irrelevant, since, consistent with international obligations, the rate of duty may be adjusted in such a manner as to assure that any change in valuation base does not result in change in the amount of duty collected. The fact that American Selling Price valuation usually results in a higher valuation base than the "export value" system is no more of an argument against American Selling Price than the fact that the Brussels valuation (based on landed value including insurance and freight) results in a higher basis of valuation than "export value" is an argu- ment against the Brussels method. 3. The merits of American selling price valuation We outline below the reasons why we believe the American Selling Price is a more appropriate basis of valuation than either export value or the Brussels method. For these reasons, we believe that American Selling Price valuation should be retained for benzenoid chemicals. In doing so we also answer the principal criticisms which have been made of ASP valuation. a. American Selling Price valuation is eertain.-It is based upon the price for which the product is sold or offered for sale in the United States in the ordinary course of trade and in the usual wholesale quantities at the time of exportation. Where the product is being sold at more than one price, Customs uses the price at which the greatest quantity was being sold as of the time in question. American Selling Price valuation has been criticized for being uncertain, not as to the value itself, but as to whether or not there is an American Selling Price in instances where the product is not produced in the United States. 1 International Chamber of Commerce, The Brussels Definition of Value-The Case of the "Role Buyer" (February, 1063) ; International Chamber of Commerce, Customs Valuation of Imported Goods-A Review of the Brussels Definition and of Its Application (February, PAGENO="0124" 4564 If the product is not produced in the United States, the United States value or the so-called "export value" is applied. It is of course possible that U.S. production arid sales of a given product may commence between the time an order is placed for import and the time the goods are actually exported to the United States. To the extent that this is a problem, it may readily be cured by providing that the American Selling Price will only be applicable to products which were produced and sold in the United States for a period at least, for example, 90 days, before the goods are exported. SOOMA recommended such a procedure both to the Bureau of Customs and to the Office of the Special Repre- sentative for Trade Negotiations on several occasions over the past three years. b. The American Selling Price of the product is readily ascertainable to mi- porters, Customs and domestic producers.-In addition to having the benefit of prices filed by domestic manufacturers and weekly price information from trade publications, Customs can quickly and easily confirm the American Selling Price through direct inquiries to domestic manufacturers and their customers. It has been urged that an importer frequently does not have sufficient informa- tion as to what the American Selling Price of a domestic item actually is and therefore is unable to determine in advance what his duty will be. This is, of course, absurd. Before placing an order, any importer has to know the price at which the comparable domestic product is being sold in order to determine whether or not it would be profitable to import. Because of the availability of information concerning the American Selling Price to all concerned, the chances of under or over valuation are virtually non- existent. Both importers and domestic manufacturers are in a position to challenge any appraisement which may be out of line. Similarly, Customs is not in a position of having to accept the word of an interested party as to what the proper ap- praisement should be, since it is in a position to quickly confirm the ASP with U.S. consumers, and in the case of any dispute is able to subpoena the records of domestic manufacturers. c. ASP valuation is not subject to manipulation-Importers are unable to establish an artificial price where the exporter and importer are not dealing at arms length, such as an intra-corporate transaction or any other situation where the price of the goods is not the sole consideration of the transaction. Nor is ASP subject to manipulation by domestic producers. Competitive factors at work in the U.S. market, and certainly the United States antitrust laws, are a powerful deterrent to any manipulation by domestic producers. More important, however, is the fact that there is no competitive advantage to be gained over imports by raising the American Selling Price-For example, assume the American Selling Price of the product is $1.00 per pound and imports of the same product can be sold in this country at $0.99 per pound. Even at 40%, the highest ASP rate currently applicable, only 40% of any raise in the American Selling Price would be offset by increased duty. If the `domestic manufacturer raised his price to $1.10, it would result in 4 cents additional duty, which would raise the price of the import to $1.03. Although the American manufacturer could by raising the ASP have increased the amount of duty the importer would have to pay by 4 cents, this would make little sense because he would actually be in- creasing the competitive advantage of the imported product from 1 cent to 7 cents. d. ASP valuation is consistent with the purpose of our tariff-The principal purpose of our tariff is to offset some of the disparity in costs of production here and abroad. Also a `guiding principle is that of equal treatment to all of our trad- ing parthers. Yet the use of export value violates both of these principles by providing a tariff advantage to the lowest cost foreign producer on top of the significant cost advantages they `already enjoy. Thus, where low production costs permit a Tow cost country to undercut the U.S. price of a product or the prices of other higher cost producers selling in this market, the application of a duty based upon export value actually increases rather than decreases the existing cost disparity. By providing a tariff advantage on top of the substantial cost advantage al- ready enjoyed, the use of export value actually subsidizes a widening of the cost disparity. Where a 30% duty is involved, the U.S. Government actually bears 3O~2c of any reduction in the export value. This is, of course, clearly inconsistent with the theory of attempting to offset the production cost disparity. It does just the opposite. ASP valuation, on the other hand, is consistent with the purpose of our tariff.. Although it does not in any way diminish any existing cost advantage an import may have, unlike export value, it does not accentuate the cost advantage by pro- PAGENO="0125" 4565 viding additional tariff advantage on top of it. It treats all imports equally by levying the same amount of duty upon imports irrespective of whether it is a high or low wage country. Moreover, unlike Brussels valuation (c.i.f.), it does not discriminate against foreign producers who, because of the distance involved or discriminatory freight rates, have to pay higher shipping charges in order to land their goods here. Finally, ASP valuation reflects the cost of producing goods in the United States and the competitive factors prevailing in U.S. markets, instead of those prevailing abroad. This at least serves to diminish the extent to which changes in existing differences in production costs and market conditions will result in more favor- able tariffs for foreign producers. CLEARY, GOTTLIEB, STEEN & HAMILTON, Washington, D.C. ROBERT C. BARNARD, GEORGE V. EGGE, Jr., Counsel for the Synthetic Organic Chemical Manufacturers Association and the Dry Color Manufacturers Association. ExHIBIT 2 SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS ASSOCIATION, New York, N.Y., May 17,1966. Hon. CHRISTIAN A. HERTER, Special Representative f or Trade Negotiations, TVashirngton, D.C. DEAR GOVERNOR HERTER: In December 19~4 we met with you to discuss SOGMA's proposal for improving the administration of the American Selling Price provisions of the Tariff Act. These proposals had been made to the Customs Bureau as early as 1968 in response to criticism by importers of al- leged inequities in the administration of American Selling Price valuation. The maintenance of American Selling Price valuation is very important to the maintenance of a strong and viable benzenoid chemical industry in the United States, and its removal would undoubtedly force the exportation abroad of both jobs and capital. In this connection, it is important to remember that importers of benzenoid chemicals have taken the position that the uncer- tainty and unfair practices in the *administra:tion of American Selling Price valuation is more of a trade deterrent than the amount of duty assessed by reason of determining duty on the basis of the American Selling Price (see Hearing before the Trade Information Committee, p. 2420). While we believe that the administration of the American Selling Price valuation provisions is on the whole as fair and reliable as any in our customs laws, there are areas of criticism in which actual or supposed inequities in the administration of American Selling Price valuation can be eliminated. For this reason, we believe it appropriate to review for you again at this time our proposals for improving the administration of American Selling Price valuation in order to remove the alleged inequities complained of by importers of benzenoid chemicals. We believe that `these proposals constitute an `acceptable solution to the issues which have been raised concerning American Sel'ling Price valuation and fully meet the complaints which have been voiced by importers. There is certainly no need to eliminate American Selling Price valuation in order to meet the complaints which have been mad'e `abroad. 1. Complaint.-One frequently `heard complaint by importers is that prod- ucts which have been noncompetitive (and therefore appraised on the basis of U.S. value, export value or foreign value), are frequently, and Without ad- vance notice, determined `by the appraiser to have become "competitive" and therefore subject to appraisement on the basis of American Selling Price. As a result, importers have at times incurred lawsuits since `they had calculated their costs for the imported merchandise on the premise that the product was not competitive and therefore subject to appraisement at a lower valua- tion base than American Selling Price. Solution.-Irj order to resolve this problem, we have urged and would sup- port a proposal that the Bureau of Customs amend its regulations to provide PAGENO="0126" 4566 that the status of an imported product could not be changed from noncom- petitive to competitive without 30 or 60 days' advance notice published in the Federal Register or the Treasury Decisions. In this way, importers could rely on the competitive status of a product that existed at the time the decision was made to import the product. 2. Complaint.-Anotber complaint by importers is that "competitive" status for some imports is sometimes based upon information filed by domestic manu- facturers which has been obsolete as a result of discontinuance of production or withdrawal of the product from sale in the open market. Solution.-We have recommended that this problem~ can be easily remedied by simply considering any information as to competitive status of a product filed by domestic manufacturers to be obsolete unless received every six months. 3. Gomplaint.-A similar objection has been that in some instances infor- ma.tion requiring "competitive" status has been filed by domestic manufacturers who have not in fact freely offered the product for sale in the United States. Under Section 402(e) of the Tariff Act of 1930, as amended, the appraiser is to apply American Selling Price valuation (1) where sales are actually made, and (2) based upon "the price . . . a domestic manufacturer would have re- ceived or was willing to receive for such merchandise when sold for domestic consumption" in the United States. Importers complained that for some prod- ucts Customs applies American Selling Price valuation even though a domestic manufacturer did not actually sell or freely offer a product by publication of price lists or sales literature but instead used the price a domestic manu- facturer would have been "willing to receive" from a prospective purchaser.. Solution.-We feel that this problem could be readily cured if Customs will make "competitive" status contingent upon a domestic manufacturer's either actually participating in the market or clearly informing the trade that the product is available for sale-or can be delivered to a prospective purchaser within a reasonable time after receipt of an order. 4. Uomplaint.-Finally, on occasions there have been disputes as to whether an imported product; i.e., a dye or pigment, is sufficiently "similar" to a domestic product to be accorded "competitive" status, and, if so, on what basis. In such instances, either the importer or the domestic manufacturer has disagreed with the findings of the Customs Laboratry concerning strength, brightness or appli- cation of a product. Solution.-We have recommended that this problem be remedied by the ap- pointment of an arbitration panel of experts from domestic industry, importer and consumer interests to be used to assist the Customs Laboratory and ap- praisers in determining the similarity of the domestic and imported product. This panel of experts should be chosen from representatives not involved in the importation in question and their views should be conveyed directly to the Customs Laboratory with neither of the affected parties being aware of the position taken by the industry's arbitrators. We believe that for the most part the foregoing recommendations are fully responsive to the criticisms of American Selling Price and can be implemented by revising the existing Customs Regulations. We would support such revisions and, indeed, would support legislation implementing these proposals to the extent legislation is necessary. Sincerely yours, C. S. OLDACH, President, SOUMA. CLEARY, GOTTLIEB, STEEN & HAMILTON, Washington, D.C, November 17, 1966. Re SOCMA's Recommendations for Improvement of the Administration of the American Selling Price Method of Valuation. Mr. RAYMOND MARRA, Director of Appraisement, Bureau of Customs, TreasuryDepa'rtment, Washington; D.C. DEAR MR. MARRA On September 20, 1966, representatives of the Synthetic Organic Chemical Manufacturer's Association (SOCMA) metwithyou, members of your staff and Mr. Robert A. Burt, Assistant General Counsel, Office of the Special Represent- PAGENO="0127" 4567 ative for Trade Negotiations, in order to make certain construction suggestions for improving the administration of the American Selling Price method of valuation. A memorandum of this meeting, describing SOOMA's suggestions and the initial reactions of the attending government representatives, was sent to the interested parties on September 27, 106G. On September 29, 1966, Dr. Carl S. Oldach, President of SOOMA, embodied the recommended administrative changes in a three-part proposal which was sent directly to the Special Trade Representative. A copy of this proposal is enclosed for your information. During our meeting, the government representatives expressed interest in some of SOCMA's suggestions. It was my understanding that you personally believed that some of our proposals were of merit and should be explored further. With respect to SOCMA's proposal to eliminate the alleged importers' complaint that Customs laboratories' delays were a trade barrier, you stated that your office would require additional information which would be obtained and communi- cated to us. In conformity with its policy of cooperating to improve and simplify the ad- ministration of the American Selling Price system, SOOMA and its members will be glad to provide you with additional information your office may require with respect to. SOCMA's proposals. Apart from the fact that American Selling Price is currently a subject of discussion at the GATT negotiations in Geneva, SOOMA believes that it is important to remedy any flaws which may exist in the admin istration of the American Selling Price system. Since your office is in a position to evaluate the validity of importers' complaints, we would appreciate having your considered evaluation of SOOMA's proposals as set forth in the memo- randum of meeting dated September 27, 1966 and Dr. Oldach's letter dated September 29,1966. Through continued cooperation between industry and government, improve- ments in our laws and their administration can be made in the public interest. In order that the members of SOOMA can do their part, it would be of great value to have your guidance, particularly with respect to assessing the validity of im- porters' complaints and the feasibility of implementing SOOMA's proposals. Please feel free to call upon me for any assistance or additional information you may require. Copies of this letter have been distributed to all those who attended the September 26 meeting, as well as interested staff members of the Office of the Special Representative for Trade Negotiations. Sincerely yours, ROI3ERT C. ZIMMER. Enclosure MEMORANDUM FOR INDUSTRY AND GOVEBNMENT REPRESENTATIVES Re Conference between Bureau of Customs, STR and SOCMA Representatives, September 26, 1966. On Septemper 26th, the undersigned, Mr. Frank Regan and Dr. Crayton Black of the DuPont Company met with Mr. Robert A. Burt, Assistant General Coun- sel, Office of the Special Representative for Trade Negotiations and Messrs. Raymond Marra, Director of Appraisement, Bureau of Customs, James Coleman, Assistant Director of Appraisement, Bureau of Customs, and Edward Doyle, As- sistant General Counsel for Rules and Regulations, Bureau of Customs. The purpose of the meeting was to discuss certain changes in the administra- tion of the American Selling Price method of valuation which had been suggested by SOOMA to meet the objections of importers to the American Selling Price valuation method. It was made clear at the outset that at the meeting we would not discuss the merits of maintaining ASP as a valuation method, inasmuch as that question would be considered by the Herter Office after it received the report of the Tariff Commission. At the same time it was stated that suggestions would be made for discussion which went further than any previous suggestions made by SOOMA. SOCMA pointed out that the administrative problems-"uncertainty, unfair practices and long delays"-were the apparent gravamen of importers' general objections to ASP. This statement appeared in a colloquy between Mr. Joseph Donohue counsel for the importers and Mr William B Kelly Jr of the Office of COmmercial and Financial Policy, Bureau of International Commerce, before the Trade Information Committee on January 29, 1964, copies of which were distributed PAGENO="0128" 4568 What we had been informed were the principal importers' objections and solutions for these objections follow: 1. Alleged Objection.-Importers have complained that organic chemicals previ- ously appraised as non-competitive were subsequently classified as competitive by an Appraiser, without advance notice, thereby causing serious loss to the importer. Proposal.-The Bureau of Customs should amend its regulations to provide that a non-competitive commodity will not be appraised as competitive without ad- vance notice to the importer of 90 days. Such notice would be published in the Federal Register and also mailed to principal importers of the product by the Bureau of Customs. 2. Alleged Objection.-Domestic manufacturers file price information which is obsolete or false, and price information is sometimes filed on products no longer manufactured by the domestic industry. Proposal.-Unless domestic manufacturers submit sworn price information every six months, a commodity shall be considered non-competitive. Although we believe the importers' allegation concerning false price information is without merit, we propose that penalties be attached to the intentional filing of false price information. 3. Alleged Objection.-Commodities not actually sold are classified as com- petitive if they are "offered for sale" by domestic manufacturers. This practice permits the domestic industry to nominally maintain products in their line sim- ply to exclude imports. Proposal.-lJnless a product is actually sold by a domestic manufacturer in commercial quantities, it shall be classified as non-competitive. This proposal goes further than SOCMA's suggestion in 1964 that a product simply be "avail- able for sale." 4. Alleged Objection.-Importers complain that there are long delays in obtain- ing analyses from the Bureau of Customs laboratory and that this disrupts import trade. Proposal.-When the Bureau of Customs believes that its laboratory facilities are overtaxed, it should refer import samples to independent laboratories, a list of which can be submitted to both importers and the domestic industry for possible objection. The independent laboratory would then submit its report to the Appraiser, in confidence, and he would make appropriate decisions. This suggestion differs from one made by SOCMA in 1964 in that no "panel" of rep- resentatives of importers or domestic producers would be involved to arbitrate disputes. Rather, the independent laboratories would simply provide additional manpower which could be used by the Customs Laboratory at its discretion in order to expedite the processing of import analyses. Messrs. Marra and Coleman indicated their general feeling that we had over- emphasized the importance of importers' complaints in connection with the administration of ASP. Most sophisticated importers, said Mr. Marra, know the market conditions in the United States and do not require advance notice of the competitive status of benzenoid products or the general price levels. Mr. Marra felt that some of our suggestions would make the Bureau of Customs administration of ASP a great deal easier. Mr. Marra stressed the importance of the suggestion that requirements that a product be "available for sale" or "offered for sale" be stricken from the law in connection with determining whether a product is competitive or non- competitive. Mr. Marra felt this would simplify Customs' work and that it would remove the opportunity for an importer to complain that the ASPs upon which duties are based are not real prices. In elaboration of this proposal, we suggested that in order to establish an ASP, a domestic manufacturer might be required to submit a sworn state- ment that actual commercial sales had taken place within some reasonable period prior thereto at the prices reflected in the statement. Messrs. Coleman and Doyle questioned the use of such a price at a later date when the market price of the product in question could have declined. Dr. Black and I both indicated that the price reflected in the manufacturer's statement would be used only to indicate to importers the approximate market level; it would still be open to the Bureau of Customs or importers to establish that market prices were lower at the time of exportation or entry into the United States. All of the Government representatives present felt that such a proposal was of real merit and should be explored further. Mr. Marra felt that our proposal that a non-competitive commodity will not be appraised as competitive without ninety days advance notice was similarly PAGENO="0129" 4569 worthwhile, although he believed sophisticated importers do not normally have problems in this area. However, he indicated that our proposal would be of benefit to the smaller importer since the larger importers are already aware of whether a commodity is competitive or non-competitive. Messrs. Marra and Coleman rejected our 4th suggestion that the Bureau of Customs refer samples to independent laboratories when their own facilities are overtaxed. They stated that if Customs laboratories could not process import samples within a reasonable time, the solution was to add staff or equipment to such laboratory. In addition, they stated that they had not heard of any delays in such laboratories. Mr. Marra indicated he would look into this problem. One problem which requires further consideration is how the Bureau of Customs would keep track of prices submitted by domestic manufacturers in order to comply with the six month filing requirement with respect to competitive status. Messrs. Marra and Coleman are both concerned that Customs will be flooded with quotations from manufacturers they have never heard of or chemicals that may never be imported. Publishing a notice in the Federal Register warning manufacturers that products will be non-competitive unless price information is submitted, they argued, is an open invitation to an extraordinary amount of unnecessary paper work. They noted that, at present, Customs only obtains price quotations for benzenoids which are actually imported, and that the time of importation for those particular products. Mr. Marra requested that we should consider further and discuss with them the number of products for which price data might be submitted by the domestic industry in respOnse to the six month notice requirement. Mr. Burt indicated that since the Bureau of Customs felt that some of our suggestions would be useful to them, and since they deal with some of the principal complaints of importers, we should propose them in writing to the Herter Office. ROBERT C. ZIMMER. SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS ASSOCIATION, New York, N.Y., September 29, 1966. Hon. WILLIAM M. ROTH, Deputy Special Representative for Trade Negotiations, Washington, D.C. SOOMA TARIFF PROPOSAL DEAR AMBASSADOR ROTH: The domestic benzenoid chemical industry expects to face fair competition but cannot survive against foreign competitors without' tariffs to equalize the basic cost advantage which foreign producers enjoy today. Furthermore, no alternative has been found which could be substituted for ASP without. incurring major dislocation in the benzenoid industry. Therefore, SOCMA proposes the following program which has the objective of eliminating any alleged inequities which may exist under today's administration of ASP, and of providing for the orderly reduction of tariffs while maintaining fair competitive conditions: ; 1. Retain the American Selling Price basis for tariff evaluation of benzenoid products. 2. Change the administrative procedures applicable to the American Selling Price method, including legislative changes necessary, so as to remove any procedural impediments to import competition. 3. Reduce existing tariffs at a rate proportional to the rate of reduction of the differential in cost of producing benzenoid products in the United States and foreign countries. While there may be practical problems in implementing the above proposed changes, we are certain that such problems can be solved through the cooperation of interested parties. SOCMA pledges to cooperate in order that these changes may be implemented. Sincerely, yours, C. S. OLDACH, President. 95-159 0-68-pt. 1O-9 PAGENO="0130" 4570 OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS, EXECUTIVE OFFICE OF THE PRESIDENT, Washington, October 7, 1966. Mr. CARL S. OLDACH, President, ~Synthetic Organic Chemical Manufacturers Association, New York, N.Y. DEAR CARL: Thank you for your letter of September 29, 1966, in which you set out a three-part proposal on behalf of the SOCMA with respect to the issue of American selling price (ASP). First, with respect to the retention of ASP, it is clear that the Europeans are seeking the elimination of the ASP system, and this is the issue we must pres- ently contend with in the Kennedy Round. In considering such elimination, the basic question is what economic impact the conversion of rates based on ASP would have on the domestic industry. Through a variety of means, including analysis of the Tariff Commission's report, independent research, and discus- sions with you, we hope to arrive at a fair and objective judgment on this impor- tant question. Second, with respect to changes in the administration of the ASP system, we are certainly prepared to pursue the proposals which you have made, recognizing that the Bureau of Customs has primary responsibility in this field. Such changes would not, in our judgment, meet the present desires of the Europeans, but it is possible that their attitude may change. Third, with respect to .a tariff-reducing program tied to a decline in the differ- ence in costs of production, I have my doubts, as you know, whether this would be negotiable. Nevertheless, I assure you that we will consider this proposal seriously as we develop our position on the ASP system. With best wishes, WILLIAM M. ROTH, Deputy $pecial Representative. EXHIBIT 3 THE ASSISTANT SECRETARY OF COMMERCE, Washington, D.C., June 3,1966. ROBERT C. BARNARD, Cleary, Gottlieb, S'teen c~ Hamilton, TVashington, D.C. DEAR BOB: As promised in my letter of May 16, I am enclosing copies of mate- rial submitted by our Embassies in Bonn, Brussels, Paris, Rome, the Hague, and Tokyo replying to our request for export price information on the benzenoid chemicals listed in your letter of May 11. I think these messages are self-ex- planatory. The export data bcxlk from Tokyo will be forwarded as soon as it is received. For your information I am also enclosing a copy of the message we sent to the Embassies in your behalf. Our Embassy in Bern has advised us that there is no information available in published sources on export prices of benzenoids. The Embassy also said that it cannot obtain data from the Swiss chemical industry because in providing such data to the United States the Swiss industry would be violating Article 273 of the Swiss Penal Code. Our Embassy in London has made a number of contacts attempting to obtain the desired information and has reported that data are available only from individual companies. It does not believe the companies would provide the price information desired on commercial grounds. No published production data are available except by broad categories. The Embassy further states that even if data were available it would not be meaningful because prices on chemical sales are negotiated and the final price is determined largely on the business relation- ship between seller and purchaser and the size of the purchase. It has been the experience of the Embassy in London that the best source for information of this kind is the American companies operating in the U.K. and the Embassy believes it might be useful for the U.S. industry to contact those companies for the needed information. As indicated In the meeting in my office and in my letter of May 16, we were not very hopeful that our Embassies would be able to obtain the very specific PAGENO="0131" 4571 information desired. While it is regretted that this has proven to be the case, it may be possible to approach individual Embassies again if there are facts or other information which you believe might be obtainable through U.S. Government sources. Please call or write me if we can be of further assistance on this subject. Sincerely yours, ROBERT L. MONEILL, Deputy Assistant Secretary for Trade Policy. Enclosures. [Department of State Airgram, May 29, 1966] To: Department of State. Info.: Bonn, Berlin, London, Paris, Rome, The Hague, Tokyo. From: Amembassy Brussels. Subject: Chemical Export Price Data. Ref.: CA-11272, May 17, 1966. For Commerce/Garland An Embassy spokesman consulted the Chief Statistical Consultant in the Bel- gian Federation of Chemical Industries regarding availability of data on export prices and production of benzoid chemicals and other products listed in refer- enced airgram. He stated that he knew of no source where this information could be obtained except from producers and exporters of these products. Locating these firms would be a major task in the first place, and secondly he doubted whether prices would be supplied to anyone except a bonn fide purchaser. Regret inability to provide requested data. KNIGHT. [Incoming Telegram, Department of State, May 26, 1966] Subj: Chemical Export Price Data. Ref: CA-11272. 1. Reference airgram received in embassy mail room May 23. 2. In response to our inquiries, statistician in Union Des Industries Chimiques (UIC) informed us only feasible system would be to take data provided in "statistiques du commerce exterieur" and divide total exports of given chemical by total export valuation. Might be possible to make some cross checks with industry. U.I.C. believes project would take considerable time. 3. Project may, however, be more difficult then UIC realizes, since in our spot check, we were unable identify products using four-digit bin numbers. 4. "Statistiques du commerce exterieur" for 1964 available in Washington and commerce may refer to statistiqeus" to see if amplification to six-digit bin number is feasible to enable identification. 5. Production data is closely held and unavailable. BoInEN. [Department of State Airgram, May 25, 1966] From: Amembassy Rome Subject: Chemical Export Price Data. Ref.: CA-11272, May 17, 1966. There are no published statistics available in Rome which would provide the data requested in the referenced instruction on Italian output and export prices of benzenoid and other chemicals. Local sources contacted confirmed that such data are not available. Italian export prices usually are the result of negotiation with purchasers on the basis of volume and other considerations. As producers and associations are generally imwilling to provide information, it is suggested that American com- panies may wish to determine whether their representatives in Italy might be in a position to ferret out data for their headquarters. The Embassy has forwarded the referenced instruction to the American Con- sulate General in Milan for any information it may be able to supply. MEL0Y. PAGENO="0132" 4572 [Incoming Telegram, Department of State, June 3, 1966] Subject : `Chemical Export Price Data. Ref.: CA-11272 and Deptel 837. OF TS'US 403.48: 50: 60-75: 80-405.15: and GO is almost 90 percent im- ported. Any domestic production is used locally. OF TSUS 407.32: 40: 50: 55: 72: and 85 about 70 percent imported, and primarily used locally. Production data not available. In view of negligible exports and non-availability data no export prices are submitted. TYLER. [Incoming Telegra~m, Department of State, June 2, 19661 Priority. for Commerce/Garland Re Chemical Export Price Data Ref CA-11272. There are no production statistics available on listed classifications benzenoid chemicals. Export price data is highly classified trade information and also un- available. A 1965 chemicals export data book being forwarded for general infor- mation under separate cover. REISCHAUER. [Department of State Airgram, May 30, 19661 MAY 26, 1966. From: Arnembassy Bonn. Subject: Chemical Export Price Data. Ref.: *OA-11272, May 17, 196G. The Federal Republic does not publish production data for specific benzenoid chemicals as requested in the referenced airgram. For the most part, prices for bennzenoid chemicals are negotiated, and depend primarily on size of the order and relationship of the purchaser to the supplying company. Attached as enclosures are two price lists issued by Christian Oelerich & Co., Hamburg. The May 1960 issue is the last one issued by this company. A copy of the September 1959 issue is included for comparative purposes. It will be noted that a large number of benzenoid chemicals are listed in the price list but we have been informed that these prices are almost universally subject to negotiation, particluarly where a large volume is concerned. McGnnn. [Department of State Airgram, May 17] To: Brussels, Bonn, Bern, London, Paris, Rome, The Hague, Tokyo. info: Luxembourg, U.S. Mission Geneva, Brussels for Bubec. From: Department of State. Subject: Chemical Export Price Data. The Tariff Commission will hold public hearings beginning June 8 to receive the views of interested parties on the proposed conversion of tariff rates on benzenoid chemicals `and other products from the American selling price system of valuation to a system based on foreign export value. Copies of the two Tariff Commission releases on the ASP study were sent to addressee posts earlier this month. The U.S. industry producing benzenoid chemicals has requested the assistance of the U.S. Government in obtaining export prices of foreign producers and the production data in producing countries for a fairly long list of selected chemicals now subject to ASP. A list of these chemicals which are identified by name, TSUS and BTN numbers, is attached. The industry would like to have the most recent informaition available on the chemicals listed but would prefer data for 1964 since that is the year being used by the Tariff Commission in converting rates from the ASP base. Data for earlier years have also been requested. Commerce has informed the industry that it is unlikely that data will be available for the very specific chemical descriptions listed -in the attachment and the industry has been advised of the publications `of the EEC containing export data for 1962 according to CXT classifications. However, in view of the importance of this matter to the industry as well as to the U.S. Government, posts are requested to make all reasonable efforts to obtain the data requested. To comply with this request posts should review statistics and publications and PAGENO="0133" 4573 information from trade sources. Contacts with industry sources may be made at your discretion. In view `of the timing of the Tariff Commission hearings, posts are requested to extend priority to this request and to forward all material by airpouch no later than May 27 marked for Commerce Garland. RusK. ExHIBIT 4 [Translation] Federal Cartel Office [Bundeskartellamt] 3rd Division B3-442100-A-232/67 DECISION in the proceedings involving fines against 1. , Member of the Board 2. , Member of the Board 3. the Sales Manager of the conipany 4. the 5. the 6. the 7. the * During its session on November 28, 1967, the Third Division of the Federal Cartel Office in Berlin, in the presence of a Director of the Federal Cartel Office, Mr. Hertel, who presided, of the senior civil servant, Dr. Taliner, and of the civil servant, Mr. Bethge, who acted as assessors, has decided: I. On account of violation of the regulations under paragraph 1, section 1 of article 38, considered together with article 1 GWB, fines between 5,000 and 70,000 DM are levied against .~ [Text apparently deleted on break- down of fines] II. The defendants listed under 1-7 shall bear the costs of the proceedings (fees and disbursements) ; said defendants shall be jointly and severally liable for the disbursements. GROUNDS 1. The defendant listed under 1, , is a member of the Board of the company; the defendant under 2, , is a member of the Board of the company; the defendant under 3, , is the manager for dye sales of the company. The defendants listed under 4, 5, 6 and 7 are corporations which manufacture aniline and mineral dyes, among other products. Respecting aniline dyes, their combined share of the German market equals about -%. Since they do not manufacture all dye products them- selves but, nevertheless want to offer a most complete assortment to their customers, each of these enterprises sells to other dye manufacturers, sellers and processors as well as to other related enterprises. Initially, the prices for individual dye products are calculated separately; however, the defendants seek to increase prices at uniform rates despite the fact that, for all aniline dyes and pigment dyes, the portions of the costs of raw materials, wages and related matters are different. *German press reports suggest that the four German corporations which were defendants 4-7 may have been: Farbenfabriken Bayer AG, in Leverkusen; Farbwerke Hoechst AG, in Frankfurt-am-Main; Badischen Anilin- und Soda-Fabrik (BASF), in Luclwigshafen; and Cassella Farbwerke Mainkur AG, in Frankfurt-am-Main. I Article 38, section 1, paragraph 1 of the German Act Against Restraints on Competition {Gesetz gegen Wettbewerbsbeschränkungen (GWB) J reads as follows: "A violation is committed by any person who willfully disregards that, by virtue of articles 1 an agreement or decision is ineffective" Article 1 of the GWB reads as follows: "(1) Agreements made for a common purpose by enterprises or associations of enter- prises and decisions of associations of enterprises are ineffective insofar as, by restraining competition, they may influence production or market conditions with respect to trade in goods or commercial services. This shall not apply to the extent that this Act provides otherwise. "(2) The term `decision of an association of enterprises' shall include a decision of a meeting of members of a legal entity, insofar as its members are enterprises." PAGENO="0134" 4574 At irregular intervals, the representatives of the enterprises meet with rep- resentatives of other European manufacturers of aniline and pigment dyes to discuss questions of common interest, including the price situation. This is intended to establish identical behavior of the participating producers to the fullest possible extent, respecting the questions dealt with. Such a meeting took place on August 18, 1967, in Basle ~2 a meeting at which rep- resentatives of all of the enterprises in question participated, among others the defendant listed under 3, as well as representatives of French, English and Swiss dye manufacturers At this meeting, uniform action on various questions was sought and achieved. When the topic "Miscellaneous" ["Varia"] on the agenda was reached, the representative of the Swiss corporation declared that their prices for aniline dyes would be increased by 8% as of October 16, 1967. Afterward, the representative of the defendant listed under 5, , and the representative of a French dye manufacturer made statements to the effect that the rate of efficiency of their business would force them to entertain the idea of a price increase. During the period up to September 19, 1967, the competent bodies of all enterprises which were represented in the meeting of August 18, 1967, derided on an increase of their aniline dyes prices by 8% as of October 16, 1967. During the period between September 8 and 15, 1967, with the participation of the defendants listed under 1 through 3-the Board member also par- ticipated for the defendant under 6,-all of the enterprises in question com- municated these price increases to all customers and all other related busi- nesses on the ground that increases in costs, particularly the general cost situa- tion, dictated this measure. Several customers and customers' associations addressed themselves to the Federal Cartel Office, because they supposed that a concerted price arrange- ment existed among the producers. They particularly criticized the timing of the increase, because they had already calculated and published their prices for the new textile collections. In their opinion, the costs incurred by all dye manufacturers have not increased enough since the last price increase to justify an 8% price increase under present economic conditions. The prices for aniline dyes had been increased on the German market by the defendants and by their most important competitors as of January 1, 1965. At that time, the rate of increase for all aniline dye products was 15%, for pigment dyes, which increased simultaneously, 10%. Because of the uniformity of this increase, which also evoked the suspicion, on the part of customers of the enterprises in question, that a concerted price arrangement exi~ted, the Federal Cartel Office had started proceedings under paragraph 1, section 1 of article 38, considered together with article 1 GWB, but these proceedings were terminated for lack of proof of an agreement within the meaning of article 1 GWB.3 At the same time, proceedings were under way by the Commission of the European Economic Community against the enterprises in question and other dye manufacturers because of a suspected violation of article 85 of the EEC Treaty, proceedings which have not yet been terminated. These proceed- ings involve, among other things, a uniform and simultaneous price increase of aniline dyes on foreign markets in January 1964. In the [Federal Cartel Office's] proceedings concerning the price increase as of January 1, 1965, the defendants listed under 4, 5 and 6 had caused a presentation to be made that intensive competition exists on the dye market which forces them to depart from their price lists-used domestically-so often and to such an extent that the price level falls very substantially over a short period of time. Consequently [this argument continued], an increase of the price level was unavoidable from time to time. When a manufacturer has "the courage to in- crease his prices" [this argument continued], the others were forced to follow him, because, toward their stockholders, they could not assume the responsibility of passing up an opportunity to make profits. 2. These facts rest on the written declarations of November 15, 1967, made by the defendant listed under 1, of November 24, 1967, made by the defendant under 2, of November 14, 1967, made by the defendant under 3, of October 13, 1967, made by each of the defendants under 4, 5, 6 and 7, of November 14, 1967, made by the witness , as well as on the files marked B3-44210Q--A-232/67 and B3-440000-A-431/64. 2Exact address deleted. ~ See footnote, p. 2. PAGENO="0135" 4575 3. The defendants deny that the price increase of October 16, 1967 was agreed upon. They unanimously declare that they adhered by autonomous decisions to the price increase made by the company and/or other manufacturers, because the unfavorable rate of return requires a price increase which the market, through price increases of competitors, had made possible. The defendants repeat their defence presented in the proceedings concerning the price increase of January 1, 1965; in this respect, the defendant listed under 5 asserts again that extraordinary competition reigns on the international dye market. For this reason [the argument continues], the consumers have an oppor- tunity-constantly used by them-to oblige the dye manufacturers to make con- cessions on prices and on sales conditions. Despite separate initial calculations [the argument continues], the increases must be carried out at the same per- centage, because there are approximately 2500 products to be sold and the overall result obtained in the sale of dyes is controlling for the determination of economic profitability. III. Respecting the established facts, the defendants have violated paragraphs 1, section 1 of article 38 GWB, which forbids, among other things, disregarding the ineffectiveness of an agreement set forth in article I GWB.4 [This violation occurred] because they have informed their customers or rather have had them informed that, as of October 16, 1967, prices increased by 8% would be payable for aniline dyes, although the increase rested on an agreement which was in- effective under article 1 GWB. 1. The defendants' argument, to the effect that the simultaneous and uniform price increase did not rest on an agreement but on independent decisions of the individual enterprises to act in the same way as competitors, cannot be accepted. It is a known phenomenon that, in markets where only some sellers or a small group of sellers with market dominance exist beside a few manufacturers of lesser importance, the small group of sellers with market dominance behave identically, because the participants know that the other competitors, at least those that belong to the same group, will adhere, in any case, to their procedure for establishing prices. This manner of behavior, however, is not of a compulsory character, nor does it determine the real attitude of the enterprises concerned toward the market. The defendants have declared-and the Division has estab- lished this for the future-that, to a large extent, they have charged their cus- tomers individual prices which are lower than their listed prices and are different from the prices set by èompetition, because the competitors proceed in the same manner and because the price level constantly drops for competitive reasons. The enterprises in question having themselves admitted their market behavior, particularly as to prices, proves that these enterprises, despite the oligopolistic structure of the market, in fact enjoy freedom of action with respect to prices, that they exercise this freedom, and that they are not subject to inevitable coercion by the market to accept price uniformity. This is further established by the fact that, individually, the enterprises in question do not have uniform prices for their aniline dyes-which `could hardly be the case for the type of products and for the multitude of these products which exceed 2500 in number-and therefore simultaneously increase only the price level from time to time. In this connection, the coercion exercised by the oligopolistic market being absent, it is impossible to imagine that, in the present case, the prices ef all the participants have `been increased at the same time and by the same percentage, despite the differences in `cost, without a related agreemnt between all of the enterprises in question. Not to mention that all of the circumstances, such as the magnitude o~f the increase of tbç~ price level at the same time for the same reasons despite the differences in cost, without a related agreement between all of the and costs of each individual party, particularly of the participants in foreign countries where existing wage and price conditions differ from those in the Fed- eral Republic of Germany, already speak forcefully in favor of an agreement among the defendants, a determination to which all the other market conditions lead. Under present economic conditions, these same considerations, which other- wise led to undercutting competitors' prices, should have caused at least some dye manufacturers, by maintaining their previous prices or by increasing their prices to a lesser extent, to take advantage of competitors' price increases in order to enlarge or secure their shares of the market. Particularly in the present case, it would have been more appropriate to maintain the previous price level at least for See footnote, p. 2. PAGENO="0136" 4576 some months, possibly until the date of the customers' next price computation, in order to derive an advantage from their ["at least dye manufacturers"] own "good behavior" as a result of the unfavorable impression which the price increase-already unjustifiable, in the opinion of the customers, because of its timing and of the cost situation-would provoke. That most of the customers would reward the lower prices with increased orders could be expected, all the more so since the last-substantial-price increase became effective less than two years ago and since at that time the cus- tomers and their trade associations had already considered the same action as a concerted action-the then-existing economic situation had caused the manufac- turers to withdraw their requested prices; especially for these reasons, a new price increase would now encounter particular resistance. From another point of view, when the short period of time which had elapsed since the last price in- crease and the other circumstances mitigating against a new increase were taken into consideration, each dye manufacturer should have calculated that his com- petitors would irritate their customers with a substantial new price increase. Thus, if a manufacturer intended to increase his prices at such an unfavorable moment and wanted to maintain the previous behavior consisting of a uniform increase of the price level alone, the present market situation clearly shows that such a manufacturer would not autonomously decide upon the increase or an- nounce it by himself to his customers, but would rather induce common consent on `the part of the competing enterprises. This effectively occurred then with the declaration of August 18, 1967, made by the representative of the company6 in Basle: Considering the earlier identical behavior of the competitors as to price increases and other measures, the company 6 could and must have expected that the dye manufacturers to whom this appeal was directed would immediately make known their view that the announced date [October 16, 1967] of the price increase or the extent of such increase would go amiss, and that they therefore would not behave identically. Because the declaration of company was made eight weeks before the date on which the intended increase would become effective and, therefore, kept open the possibility of withdrawing the declaration, the rest of the dye manufacturers were, under these circumstances, invited to increase prices and to make declarations on this subject, especially if they would also participate in an increase of the price level by exactly 8% and exactly as of October 16, 1967. Logically connected with this invitation was the promise [by "the Swiss corpora- tion"] to increase itself the level of its prices; since, for the enterprises in ques- tion, this promise necessarily resulted from their earlier uniform behavior, it was tacitly tied to the condition that the dye manufacturers to whom it was addressed would increase their prices uniformly and simultaneously. The offer to reach an agreement could be conclusively accepted by announcing an increase of one's own prices, or conclusively rejected by announcing that the timing or the magnitude of the increase would make participation impossible this time. Given the constant practice of arriving at uniform behavior in accordance with available opportu- nities at least with respect `to the basis for quoting prices and other terms, the meaning of the declaration of company was not at all ambiguous to the persons to whom it was addressed. Tn view of the earlier uniform action involved in this case, it was also not ambiguous to the defendants that, in case the proposition made by company was accepted, they would be "morally" obligated to respect the arrangement, that is, despite customer resist- ance, really to increase the level of prices by 8% as of October 16, 1967. As required by [the conditions for applying] article 1 GWB under the concept of "agreement," with the decision likewise to increase one's own prices, an in- crease which would necessarily come to the immediate attention of company and the other competitors, common consent was reached respecting performance and matching performance (increase of the price level favoring company and other competitors as well as for one's own advantage). That a few defendants possibly wanted to reach a decision about company's proposition only after knowing the reactions of the other dye manu- facturers and actually made their decisions only thereafter, does not change anything in the relationship of cause and effect bOtween company's proposition and its acceptance by the enterprises in question and the consequent conclusion of an agreement. "The Swiss corporation"; see p. 4. 6 "The Swiss corporation" see p. 4. PAGENO="0137" 4577 The "agreements" within the reach of article 1 GWB cannot be put on the same level as contracts within the meaning of the theory of tort and contract liability, because the will there required to produce legally binding effect cannot be frustrated in this case, since article 1 GWB, by providing for ineffectiveness as its legal consequence, does not make It at all possible for agreements to be legally binding if they are not legalized by articles 2 through 8 GWB and if they fulfill the other conditions of article 1 GWB. Were the will required to pro- duce legally binding effect necessary for the application of article 1 GWB, this provision would only reach those-small--enterprises and owners or employees of enterprises who do not know that arrangements within the reach of article 1 GWB are ineffective as a matter of law. Such an interpretati'~n would contradict the meaning and purpose of the prohibition principle anchored in article 1, con- sidered together with paragraph 1, section 1 of article 38 GWB, and would lead to intolerable consequences. A "moral" obligation, that is to say, the awareness that non-compliance with an explicitly or implicitly arrived-at agreement would, at the least, lead to loss of esteem or credibility in future business negotiations, is sufficient for the appli- cability of article 1 GWB. In the present case, such an obligation results when esteem and credibility are taken into consideration, because the enterprises in question not only are already competitors but also haye supplier and customer relationships which necessitate a certain amount of confidence. The agreement within the meaning of article 1 GWB which the enterprises in question have thus executed has a "common purpose" as required by article 1 GWB. The enterprises in question, which have relationship similar to those of a corporate group, thereby achieve the objective of uniform action designed to provide the largest possible gain for all participants. They thereby restrain competition among themselves, because the arrangement requires them to make a uniform, simultaneous increase of the level of prices, prevents them from hold- ing to the former prices or from increasing prices by a lesser percentage, pre- vents them from using the former-8% lower-level of prices, at least as a starting point in negotiations with customers, and, consequently, inhibits their freedom of action to compete. Finally, this restraint on competition is susceptible of influencing market conditions for aniline dyes, because an important phase of market behavior, price formation, will be temporarily modified to the detriment of at least the large majority of customers. The agreement is therefore ineffective under article 1 GWB. 2. The defendants have disregarded the ineffectiveness of the agreement (para- graph 1, section 1 of article 38 G'WB) by informing `t~ieir customers, either directly or through individual intermediaries, about the agreed increase of the price level and `by taking organized measures necessary [to carry it out], and, consequently, have contributed to the observance of the arrangement concerning prices. 3. The defendants have wilfully performed the acts described in paragraph 1, section 1 of article 38, considered together with article .1GWB, inasmuch as they. or rather the individuals acting for them, as well as , the member of the Board of the defendant listed under G, have been aware of all of the exact circumstances which pertain to the factual situation defined by law and described in said provisions: `they were aware that their acceptance of the proposition made by served a common purpose, that they thereby restricted their freedom of economic action as to competition, that this way of proceeding would influence conditions on the aniline dye market, particularly by worsening the customers' *position; such price agreements are ineffective (this [has been the case] at least since the findings of the Federal Cartel Office and the EEC com- mission in 1~G5), and, once the price increase was announced to customers, the price agreement was to be performed. Although it might be questioned whether the defendants, or rather the indi- viduals acting for them, including the Board member, Ohliger, considered the agreement which was arrived at as an "agreement" within the meaning of article 1 GWB and, therefore, whether they considered their action to be incom- patible with the law conceriling restrictions on competition, the mistake of law which may be attributed to them in this respect does not exclude the inference of a violation of the provisions of article 12 OWi'G, because the defendants, or rather the persons acting for `them, would have recognized the irregularity of `their behavior if they had been reasonably perèeptive; therefore, they caused `tPresumably Mr. Ohliger; see the following paragraph. PAGENO="0138" 4578 their possible mistake of law.8 The responsible Board members and sales man- * agers of the defendants knew, at least after the above-mentioned findings of the Fedei~ai Cartel Commission and the EDO Commission in 1965, that identical action by competitors as to the formation of prices might he considered as an agreement within the meaning of article 1 G~WB. In taking reasonable care, they should have examined rwhether their behavior was authorized or forbidden by the law on ctrtels. The Board members and sales managers in question, as officials of important enterprises, were in a perfect position to have such an examination carried out by their legal departments or by some other legal adviser, who would have recognized the character of the agreement (compare the Federal Oarte~ Commission's Report on its Activities in 1960, Federal House of Representatives Document No. 2734, S. 17). 4. Despite this, the defendants .listed under 1, 2 and 3 have wilfully violated the provisions of paragraph 1, section 1 of article 38, considered together with article 1 GWB. Because of the illegal action of these defendants, section 3 of article 7 OWiG9 is not applicable, and fines should be levied against them and the enterprises for which they acted, fines which, under section 4 of article 38 GWB, can be as high as 100,000 DM. In this respect, the fixing of the fines is based: (a) for the defendant listed under 5, on the ground that a member of the organ [Board] which legally represents it, namely the defendant listed un- der 1, Mr. , has committed the proven violation of paragraph 1, section 1 of article 38, considered together with article 1 GWB (article 41 GWB10); (b) for the defendant listed under 6, [on the ground that] the fine could be imposed under article 41 GWB, because its sales manager, Mr. the defendant listed under 3, has committeed a violation of articles 1 and 38(1) (1) GWB and because this action was approved by the competent Board member, Mr. 11; (c) for the defendent listed under 7, [on the ground that] the Board mem- ber, Mr. , the defendant listed under 2, had violated paragraph 1, section 1 of article 38, considered together with article 1 GWB; hence a fine was levied under article 41 GWB; (d) for the defendant listed under 4, on the ground of the proven illegal behavior of its executive bodies, which, on its behalf and in the same man- ner as the defendants listed under 1, 2 and 3, have subjectively and objec- tively met the conditions characterizing the probited acts. Indeed, not only individuals but also enterprises and associations of enterprises are poten- tial violators of paragraph 1, section 1 of article 38 GWB (compare the February 1, 1962 decision of the BGH [German Supreme Court] for an asso- ciation of enterprises-Wu W/E, BGH 465). 5. A~s to the amount of the fines levied, for the corporate defendants listed un- der 4, 5, 6 and 7, it was deemed appropriate to take into consideration their general size, their economic power in the markets affected by the price increase and in related markets, and, finally, the large volume of aniline-dye sales at- tained. Moreover, it was deemed appropriate to give weight to the fact that, re- specting the aniline dyes affected by the price increase, one was dealing with dyes which-apart from the paint and color manufacturers transforming them- are also needed by other industries, such as the textile and leather industries, and that the action of the defendants therefore also brings about price increases in these fields-[that,] as a consequence of the agreement of the enterprises in question, the price increase for dyes also initiates a chain reaction of price in- creases. Respecting the defendants under 1, 2 and 3, it was deemed appropriate to take their responsible and prominent positions and their income into consideration. On the other hand, for the benefit of all defendants, consideration was given to the fact that individual uniform prices had not been fixed for each product, and that, when the particular situation requires it for the conclusion of sales, the enterprises in question depart in isolated cases from the increased prices. S Article 12, "Error", of the Law on Violations of Law (Ordnungswidrlgkeitsgesetz, or OWIG) states in part that fines may be reduced respecting persons who cause their own error as to the existence or applicability of a law. Under this provision, fines are not imposed for unimportant infractions. 10 provision permits a legal entity to be fined for certain violations by its legal representatives. ~ Presumably, Mr. Ohliger. PAGENO="0139" EXHIBIT 5 Cy.lI. srAs.IP rb.sIrsl pr.dorts 2. ..~ yby.i,sl Cr.. bA~r.~~5d, qsAAAdd, Ardi(i.d bAr*AAAId *tr.,t..r, Art prrrldrd C,. IA *Abpsyt A C~ pr.t 1, I Mthr.rr,2. %AAIAI portly ri ~% s.r. by ..tgbt. , 2.6w lb. t6%.drsl.i Csybr.rl. bsrlAr s yorAty ,r 6$ s... by r,t~bt.. 3.74 prr lb. A 2N .0 .sl.i Ppbth.lrr. ..bIrb stt.r lb. r.sr.st ti .11 rAts? pr,,.rt 0.. .rIldiryt,iA ptlrt ,~ 79~ C. Ar .b,r. * l.hd p,r lb. A%.drs1. 0*16.11. .*.bydrld. S 2.b~y.r lb. £11 distilist.. rt rrsl tAr, blbot.*lr.isr. tsr, .11- (SA IsA, s.d s.t.r.ps. Iss. sblrb boI..~ .ob- I dtsttlAI.0 b.lrs 190~~. 5 q%Is.tlty At tsr srId, Aqi*sl t,tIStrA 165*5 )%bi `.1(01.1 5*5. ArA(1S*51 ~ ~ ,~ A .5.*.S%ttty sf tsr sr*4. .qtAl tO A? AO?~ tb~ 77% by *5,1561 ti lb. r.*A*r5l d*.ttllst,, flr.rrl (..sb.ii. .,I4) ~*d& os bAlpo .ssbJsst.d Is d*.t*ll.ti.. yt.Us Ass lbs porbl.. 41.111. 15545 bAits 19AC. 5555*itlty tt tsr srlds sq'*sl 5. *r lbs. 7% by r~l~bt ri Ohs AriglArl dA.tSlt.ts 3.04 p.r lb. l7%sdrsl. Ar..yltA sold shirb 6.A.A .ssbJ.rt Is 41.111. *ilt~A. yl.ld. IA tbs prrtlo. dl.ttllIss5 bsls. 217 C. A qs..tIty At tsr (Aids .qtsl tA Ar lbs. 73% by sssA5bt *f 05* ArtjtAAl dI.ttllst. I 1.754 p.r lb. A*,tsor.r.l, .rthr.rtsAl, ybrsor..Al, ásd sIts- psssrr.sol, .11 Its. fArASAIM bsrtsg sOsylty . I At 73% Ar by 5*151St ~ ~ Otb.r * 3.54p.r lb. * 20% Sd %dkthyl.sstlt*s,; I 2.Pyr1dtr.r.rbsAsld.byd.~ 5.dts. t.tP.rb.rylbAyAsi* s.d YtsylAsrbsorl., 3.04 lb. i A20%Mr.l,* 2.I..Assstrsr.toqildtd.; 3.Mtssrs,.tApb.srs.$ 6.Cblrr*-s.sr...l Ia.g, 6-Cblr.-o-2,3.IIA.ttlA.r.AlltA. i~7~ 3.Ztbyls.1.A.p.rr..A15 XSIAOIAs.thrS$1As.I 5-A.tbrr..s.pb.Ayl.ss.dt.sts.; dl.Th,AylrpbrIrs b..s; 2,Is,A.Trts.tlsyls.tUr. (...tdIA.) I 3.~pr lb. Article Table 10 BENZENOID CHEMICAL RATES OF DUTY, AD VALOREM EQUIVALENTS, AND 1964 IMPORTS Rate on 7/1/62 Kennedy Round final rate .2~/ b03.0*5 *503.06 *503.02 bA3.t, b03,bO 153*52 *503*5*5 *503,15 *503*50 A + 8% 1.7~ + 12.5% 0.7ç~ + 4% 1.2~ + 7% l.4!= ~9% l.5ç~ + 8.5% + 5% o.8~ + 5% l.7~ + 10% l.5ç~ + 10% l.5ç~ + 10% (Tar,ñ' ~ Red6'Ct/On Ad valorem ecluivalent ASP Package 19611 imports final.rate ~ 7/1/62 KR rate ~ ($l,ooo) + 10% 31 16 16 48% 206 + 18% 64 32 20 55 O.7!=+ 4% l.2c~ + 7% + 8% NA NA NA NA NA NA NA #,4 o NA #~4 0 NA Ml o l.5~ + 12% NA NA NA NA o O.9ç~+5% 23 11 12 48~ 2 0.9!=+7% 19 9 9 6~3% 6r l.7~+1O% 25 12 12 5 207 l.5~ + 10% 21 11 11 NC 120 l.5~ + 16% 35 18 18 479 C;' NA = Not available. ~/ ASP applicable. ~/ ASP eliminated. B=Sas/cei'- NCiVonCDmpeHhiVe Producis PAGENO="0140" 4580 -~ Cfl 0 c'J + + H g PAGENO="0141" 4581 PAGENO="0142" 4582 aD `-4 0 C' 0 PAGENO="0143" Page 5 I Rate Article ~ ~ 7/1/62 Kennedy Round final rate ~/ ASP Package final rate ~/ Ad valorem equIvalent (L164 imports ~ Rate ~ rate 7/1/62 0.03.70 0.03.70 0.03.78 0.03.80 A 0.03.90 103.60 `2oob1.2~bIpbooylo.,b,03l1, .oo57 ..d Its 35~ p.o lb. l,l'.OsObI.f4.b.allosotbo..qtl..o..g, 0 ~ ~ 120 60 .olpsot A .0 C pool A, a II~ 1, C.polsot~ 3.06 p.o lb. I' 206 .2 *.206.do.l., Mt60bopol~t.aao. 3.04o..plb. +206000.1., 0po160o031..b..; +.thpbopol60.o.ool $05120.5; b,l.oabopo.,,,bO. (opobot.spl*sbo.); sod Thi3*ta2.3.dIob.,ppbjpsoj~ 3.56 p,p lb. +276000.1., Ito I~ sbbpsPl Ito 1.7% + 125% 1.7% + 12.5% 1.7% + 32.5% 1.5% + 10% 1.5% + 10% 1.5% + 10% 1.7% + 12.5% 1.7$ + 12.5% 1.7% + 12.5% 3.5$ + 22.5% * 1.7% + 11% *33* 1.7% + 11% 066041+, 1, sobp.ot 060,31,406, 1.5% + 18% 1.5% + 18% 1.5$ + 18% 1.5$ + 16% 1.5$ + 1.5$ + 10% 1.5$ + 16% 1.5$ + 18% 1.5$ + 13%, but not less than the highest rate applicable to any component provided for In Subpart B. 3.5% + 49% ** 2% + 19% *31* 1.8% .~ 11% 81 115 39 NA 36 29 36 51 311 NA ~* 4]. 43*31 NA 119 29 61 53 25 40 57 20 NA 18 2.5 18 25 17 NA ~ 20 0-3* NA 24 15 30 27 12 19 77% 157 19 41 19 8 4,364 NA HA 0 19 47% i 15 49% 1 19 47% 1,916 22 8 506 17 B 95 NA** Ni 0 19*1* 8 8 NA N4 0 20 57 238 15 B 770 20 B 135 19 8 61 12 8 3,284 C;i 0.05.07 105.0.0 0+1 padt~.. : ~ poP lb. h05OSA, ~~++,+,.+o (I.c;loPo...a.aaffa]7); + 0,0.OIotlyl 0.(p.,,10,op0oopl) pbo.pb,ootblo.t.; + + 0,0.00.063176 0.(p.,1ta~.+o.pl) pt+.pt000tbOo.t,I .3 + 0.000..., + 3.5$ pop lb. o oa.,... 03.5$Oootb. 0.03.20 0 Thotooo.pbto oh~l,.l., : 6 +~ o lb A: 8o+o.p$. p,OpO10 o + a., $2.OOp.p p,'od , 6.Oj pop lb. + .303o4,ol., 0. 2 , Plo.tlt.sobool.ls + 2.0$ pop lb. + + + 106.20.1., * Rate foi' trinitrotojuene. 33* Rate for explosives other than trinitrotoluene, ~/ ASP applicable. ~/ ASP eliminated. 1.7$ + 12.5% 1.7% + 22.5% 3$ .~ 2.9% 3% +19% 3.4% + 9% 1.7% + iy% 1.7%. + 13% 2% 1 114% 2% +2.9% 1.5$ + 10% PAGENO="0144" Page 6 Rate Article on 7/1/62 ~t too 80 .Obp02t A 1.05.30 231.008. obl.tly c.cd .. ..~l.t.et. ii, p62p.l~* ~ ~ 2.09 p.r lb 1.85.35 Piodcot~ (.,o,pt tho,. 8.. 18cc 609.30) obi.811 A~d .1t1.o., dI.poo..Ot$, fo..105. 05001. 3.5d p.o lb 25%sdo Io~.ho prooo*ot. oht.tly ,.od p1~.t801o*Oc. 3.32 p.o lb ,+256840 oslo 0668... bco.0~t. ~~?Z .05.55 8p.th.tio t.,,lo ..tool.1. Ted poo lb ,c 1.26 Mc .06.02 8o1f02 ~l.ok, `Colo.o 0,6cc 8,.. 5318;, 53190, $ .,d 93195' 3.~gjco lb .06.81. 318 bOo. 1 (.p.itb.tio iod8~o), `ccl,.. 8,4... Jo. ~~?` ~ 606.181) Mid bl,ok 31 90, 1230 8*84 bOo. 127 .129, 11.3; Mid booco 5), 08.), 1091 Aold ~ 1.30 Mid cd 138, 11.5, 676; Acid ciol.t 31, ,1, h8j Mid ycUe. 2, 75, 13.6) (booS Ii.)) 62, 911 D8,,ot bloc 92, 106, 108, 109, 160; 01800t hoo.~o 103, 115, 116; DUd) g0880 5,29,31* 0i~oa.c bOo. 30) roo,...o..t A2*dh008A00 05801 18, 21., 32; $ $oio8~e.b Odd 27; 0.80180. .4 1, 2, 3, 5, 6; 5,0 $04 .8) ~ Mid bL 1.5, 106; ~ `* cci. 16% Mid boooo .8, .0, 60; 0$.$ob bloc $72) 00.000 $04 83; )AOd$81 ,~d 17 cod ~ `*0,1. i6% C *01* 01.86 96; 01.001 bloc 06;. ~*cot gocco 07 3$sd cci. : ~ 326i4e~1 16% 01.031 )($0~~ 37; 0.00)0 2;.o ~ 16% 32684001.1 i6% 1/ ASP applicable. . 21 ASP eliminated. Kennedy Round final rate 21 ASP Package final rate ~ + 8% 1.7% + 32,5% 1.7% + 12.5% 1.5% + 10.5% 3,5% + 22.5% 1.5% + 1.5% + 10% 1.5% +8% 1.5% +8% 1.5% + is% 1.5% + 12% 1.5% + 13% 30% 30% 30% 30% 30% 30% 30% 30% Ad valoren' equivalent ______ ______- lAimports Rate KR t ASP Pkg. . q ($i,000) 7/1/62 r e rate 10 B 358 11 B 101 20 ~ 66 20 ~3% 7 19 79% 56 30 43% 3. 30 3,75* 297 30 NC2 2,239 30 35% 211* 30 471.' 1*61* 30 53T~' 58 30 b.3~ 86 30 6?1. ilA 20 10 21 15 216 51* 27 91 1*6 53 27 1*1* 22 31* 17 1*6 23 57 61* 32 82 1*1 98 . 169 C;' PAGENO="0145" 4585 0 -~ 0 ~ (n -~ &~i1 U cn In In (~i - I ~ .-. -~ 95-159 0 - 68 - pt. 10 - 10 PAGENO="0146" 4586 0 0 PAGENO="0147" Page 9 Ad valorem equ~.va1ent 1961o imports Rate ~ ASP Pkg. ~I ($1,000) 7/1/62 r rate ~ 117 59 30 74 359 30 ~`3 o3 30 B 0,1069 510 27 30 8 1 72 36 30 58 503 98 109 30 ~ 52 1o3 22 30 ~ 558 22 11 30 NC.. 229 1~2 21 30 8 i,01o7 20 57% i NA i'/4 0 NA NA 0 NA iVA 0 19 58727,, ~ 20 &~ 32 20 57'h 166 20 66~ 1~7 13 so% 18 172 1o8 86 21o Article J~;62 ~ fin it 5 ~ ~~e"' z~.. 2.8!= + 18% 30% hOO.yo e,,., oo.. ~ .bt.0.,2. ~ ~ ~ Z33~..d h,~.4 ,.L. 20% 30% Loes,.i. 20% 30% 20~ .4 .08. 20% 30% ~: :;,~°~`~" ~,. 1.7% + 10% 30% .:: :~`~: 1.7% + 10% 30% : ~. 1.7% + 12.5% 1.7% + 17% ~ ~ ;.r~. ~. 1.7% + 12.5% 1.7% + 19% ~O7.06 a...o...io. ~ 1.7% + 12.5% 1.7ç1 + 15% 081.08 2.0.phth.0 (b.0.-..p0th08) 3.52 n. 1.7% + 12.5% 1.7% ± 13% 087.00 ns.nnn 3.52p,. Ob. 1.7% + 12.5% 1.7% + 18% .07.32 s.fl.yu.obOd ..d on ..oo. ~ ~ 1.7% + 12.5% 1.7% + 16% 201.00 ~,ooo.. ~ : ~ ~. i.lo!= + 10% 1.7% + 17% 07.25 00~*51S3Lt,~2t0 .020 (..~,,) ~,,.:. ~. 1.7% + 12.5% 1.7% + 112% 207.30 0852pfl083. 3.54p,~ lb. 1.7% + 12.5% 1.7% + 12% ~/ ASP applicable. ~J ASP eliminated. 1,6 23 NA NA NA NA NA NA .126 23 60 *30 1,6 23 58 29 26 13 PAGENO="0148" 4588 o~ ~ ~ o~ ~oo j ~ (`j H ++ + + + + ++ +++ ++++ ++ ~ + + + ++ + ÷ II + + ++++ + + H .~ ~ ~ ~!~? ~! ~ ~! i! ~ ~ : ~ * : II ~i U II - . ~ 4) ~ PAGENO="0149" Page 11 ASP Package final rate Rate 7/1/62 KR rate ho ~9t~~j1~ Ra~7 ~ sa. 1.70 + 325% 23% .d ml. $ P.p.m~le. $.jdeeohlmtd*; 3.51?~~ lb. 1.7% + 12.5% ~ eY;=b:~7~!.I$ ~ ia 1.7% + 12.5% 33~p. ~ 1 70 ~2 5% b07.90 G1~1.Cd it. ~ 3.3~po, 1.70 + 12.5% p..t S . .,y emOcot psteld.d tei Is .sbps.t A ~ 7.06 p.~ ia 3.50 + 22.5% ~08.iO 8iilbm.c.t. ~ 3.5% + 22.5% ~ ~ ~ lb. ~ + 22.5% 00.20 14.liotstp$s 3.3w ~ciia. 1.7% + 11% 10825 )$.t4~i 2$th.s$$t5~t, 706 cs lb. 3.50 + 22.5% 106.30 Otok, .sOlflo$..1 ,.6,~. 2.8% + 9% bo8.~~ Thse~1tmtti4.hy8. ~ ~" 3.5% + 22.5% 106.15 Thoctkyl.loo$cl : ;~5Id~l 3.5% + 22.5% hs8.A~ 8.,ob.~ts 14*0 1.5% + 9%~ ~/ 100.65 OtAss 00~otods ~ 3.5% + 22.5% 108.70 : ~ lb. 3.5% + 22.5% 108.73 8.t0~i ..ltoyl.t. 7.O~pts lb. 3~5% + 22.5% 106.85 V.,0l1$~ 3.06 p.s l~ 1.5% + 9.5% 1o9.os Olttasmloobol, Os i~p.st of sap of th. psodoots 7.O?os lb. 3.5% + 22.5% A = 0~her than sulfa drugs. (1.7% + 18% (A) (i.1s~ + 25% (B) (1.7% + 18% (A) (i.1#~ + 25% (B) 1.7% + 19% (1.7% + 18% (A (l.li% + 25% (s 1.7% + 18% 3.5% + 15% 1.7% + 18% 1.7% + 18% 1.7% -~ 9% 3.5% + 19% 3.5% + 13% 3.5% + 19% 3.5% + 18% 1.5% + 16% 3.5% + 19% 3.5% + 19% 1.7% + 16% 1.5% + 12% 3.5% + 16% but not less than the highest rate applicable to any component provided for in Subpart C. 71 72 80 814 106 26 25 43 58 NA 914 19 51i 30 ~47 145 140 55 1414 NA 26 514 Ad valorem equivalent U. 19614 imports ASP Pkg. ~ ($1,000) rate 19 736/. 11s3 26 8 10 l8776/* 6 27 8 328 188 121 18 5 6,809 25 ~ 23 19 5~ 16 ~ 1 NAN4 0 20 iV4 X ~ 536/o 1 20 £~3°~ ~ 15 5V'~ 303 20 .57~ x 2056'~' 2 20 50?' 629 20 8 145 20 5S~ 13 0 13 1,267 20~~ i09 36 36 4Q 142 53 1.3 13 22 NA 147 9 27 15 214 23 20 28 22 NA 13 27 B = Sulfa drugs. .i/ ASP applicable. ~J ASP e].iminated. Source: Tariff Cooronioaion PAGENO="0150" 4590 Mr. BARNARD. I would now like to introduce to the committee Mr. Richard Davies, president of Klein & Saks, who has a brief statement to submit. STATEMENT OP RICH4RD DAVIES Mr. DAvIES. Mr. Chairman, my name is Richard L. Davies. I am president of the economic and management consulting firm of Klein & Saks, Inc. I appreciate the opportunity of appearing before this com- mittee in connection with the careful study the committee is making of foreign trade policies for the United States. Over many years, Klein & Saks has served the governments of several countries in problems involving their balance of payments. With regard to the recent U.S. balance-of-payments problems, we have made general studies at the request of the American Bankers As- sociation, as well as studies of specific sectors. Now, at the request of the Synthetic Organic Ohemical Manufacturers Association, we have stud- ied the effects of the Kennedy round benzenoid agreements on the balance of payments of the United States. Balance-of-payments studies would seem to be of great importance in current U.S. trade policy formulation. During the 5 years of Ken- nedy round activity (June 1962 to June 1967) our balance-of-pay- ments deficit became of general and steadily increasing concern, with Presidential emphasis on the need to increase the merchandise trade surplus and -with the imposition of a variety of controls on capital movements. However, despite continuing U.S. deficits and the important rela- tionship to balance of payments, in the presentations to this committee by the Kennedy round negotiators there has been included no mean- ingful study of the effect of the Kennedy round negotiations on the balance of payments. Nor have we been able to find that such a study was made by the U.S. negotiators. A study of the "probable economic impact" of proposed tariff con- cessions on the benzenoid industry within the United States was made in September 1966 for the Organic Chemical Group of the National Council of American Importers, by Prof. Walter W. Haines. We believe that the approach Professor Haines used in his study resulted in understating the unfavorable trade effects of the tariff changes. Moreover, he omitted consideration of balance-of-payments effects of the tariff cuts, but the methodology is of value. However, when even Dr. Haines' conservative methods are applied to the Kennedy round benzenoid agreements balance-of-payments projections, as was done in our study, very serious effects on thte U.S. balance-of-payments are indicated. Our total foreign trade (that is exports plus imports) in benzenoids would be projected to increase from $334 million in 1964 (the year used as a base by the Kennedy round negotiators to $1.691 million in 1975. Increased total foreign trade is generally a good thing, for banking institutions, shipping companies, and for the whole world economy. But from a balance-of-payments point of view it is extremely impor- tant which way the trade is flowing. During this period our balance of trade in benzenoids would be projected to deteriorate from a positive $236 million in 1964 to $282 million deficit in 1975, and the U.S. PAGENO="0151" 4591 Competitive Index (balance of trade as percent of total foreign trade) for benzenoids would drop from `a positive 71 percent in 1968 to a negative 17 percent in 1975. This was done on a most conservative basis. It assumed that there would be a 50-percent reduction in the tariffs by the United States and a 50-percent reduction in tariffs by our trading partners. These figures do not include calculation for the increase in imports into the United States that would result from cuts in excess of 50 percent of the U.S. tariffs, which would be required `by the "separate package.." Moreover, these projections do not take into account the effect on U.S. trade of increasing European border taxes and export rebates. In reality, therefore, we must expect the 1975 deficit in benzenoid trade to be greater than the $282 million projected, and the U.S. Competitive Index to be correspondingly more unfavorable. There is another factor which will compound the damage to our balance of payments in the `benzenoid sector. There is a clear and direct connection between tariff concessions and the future flow of invest- ment capital for expansion and construction of benzenoid chemi~al production. With newly lowered tariffs promoting the U.S. impor- tation of benzenoids, offering foreign producers the opportunity of a much deeper penetration into the American market, it appears obvious that for those producers it would be more often `advantageous to expand or build at home rather than in the United States. The resulting highly improved competitive position of foreign manufacturers would inevitably lead American producers to seek lower cost areas for the location of new productive facilities, .to allow them to compete in foreign producing countries, "third" countries, and even in the American market. This, of course, involves not only the capital outflow, but a resulting increase in imports in place of domestic production. And we are speaking of magnitudes which are significant. `Our estimates suggest that annual free world consumption of benze- noids will increase by some $4.2 billion by 1975 requiring additional capital investment of $4.6 billion. Thus, the stakes are great, over $500 million of increased consumption and a similar amount of new invest- ment each year. Whether that consumption is supplied from abroad or from the United' States will have significant impact on this country's balance of payments. Not only will the U.S. balance of payments suffer from the impact of the Kennedy round agreements on benzenoids, but from' certain changes in nontariff barriers to imports, which have been explained. With the knowledge of our negotiators, with our balance of payments in serious difficulty and in need of relief from the trade sector, the Kennedy round agreements and the "separate package" were nego- tiated while EEC border taxes were being "harmonized." The result of this has been not only to offset some of the concessions granted `by the Europeans, but in many cases to create a total EEC barrier to entry on benzenoid products higher than that which existed prior to the be- ginning of the negotiations. This is clearly not reciprocity. For example, let us examine the trade consequences on an important benzenoid like styrene, between the United States and the Netherlands. Prior to the Kennedy round negotiations the total U.S. barrier to im- ports of styrene from the Netherlands amounted to 4.2 cents per pound PAGENO="0152" 459~ while the Netherlands barrier to TJ.S.-produced styrene amounted to 1.2 cents per pound. (With regard to the difference in prenegotiation barriers, it may be noted that for 1965, the average wages in the Netherlands were $0.83 per hour compared to the U.S. figure of $2.61 per hour.) After the Kennedy round agreements, separate package, and border tax harmonization, the U.S. import barrier as offset by the Dutch export rebate, will have fallen from 4.2 cents to 4 cents per pound (90 percent lower) while the Netherlands barrier (tariff plus border tax) will have risen to 1.7 cents (41 percent higher). Under these circumstances it is no surprise that the largest styrene plant in the world to serve the expanding markets here and abroad, is being built by an American company in the Netherlands. It is clear that the Kennedy round agreements (the results of which would be compounded by elimination of ASP) will have a more seri- ous negative effect on the competitive position of the U.S. benzenoid industry than our balance-of-payments position allows us to accept. These balance-of-payments effects are of sufficient consequences to justify invoking article XIX of the GATT to obtain prompt renego- tiation on chemicals. With the permission of the chairman we would like to introduce into the record a copy of article XIX of the GATT. The CHAIRMAN. Without objection it is so ordered. (The information referred to follows:) ARTICLE XIX EMERGENCY ACTION ON IMPORTS OF PARTICULAR PRODUCTS 1. (a) If, as a result of unforeseen developments and of the effect of the obliga- tions incurred by a contracting party under this Agreement, including tariff concessions, any product is being imported into the territory of that contracting party in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers in that territory of like or directly competitive products, the contracting party shall be free, in respect of such prod- uct, and to the extent and for such time as may be necessary to prevent or remedy such injury, to suspend the obligation in whole or in part or to with- draw or modify the concession. (b) If any product, which is the subject of a concession with respect to preference, is being imported into the territory of a contracting party in the cir- cumstances set forth in sub-paragraph (a) of this paragraph, so as to cause or threaten serious injury to domestic producers of like or directly competitive products in the territory of a contracting party which receives or received such preference, the importing contracting party shall be free, if that other contracting party so requests, to suspend the relevant obligation in whole or in part or to withdraw or modify the concession in respect of the product, to the extent and for such time as may be necessary to prevent or remedy such injury. 2. Before any contracting party shall take action pursuant to the provisions of paragraph 1 of this Article, it shall give notice in writing to the CONTRACTING PARTIES as far in advance as may be practicable and shall afford the CON- TRACTING PARTIES and those contracting parties having a substantial in- terest as exporters of the product concerned an opportunity to consult with it in respect of the proposed action. When such notice is given in relation to a concession with respect to a preference, the notice shall name the contracting party which has requested the action. In critical circumstances, where delay would cause damage which it would be difficult to repair, action under paragraph 1 of this Article may be taken provisionally without prior consultation, on the condition that consultation shall be effected immediately after taking such action. 3. (a) If agreement among the interested contracting parties with respect to the action is not reached, the contracting party which proposes to take or con- PAGENO="0153" 4593 tinue the action shall, nevertheless, be free to do so, and if such action is taken or continued, the affected contracting parties shall then be free, not later than ninety days after such action is taken, to suspend, upon the expiration of thirty days from the day on which written notice of such suspension is received by the CONTRACTING PARTIES, the application to the trade of the contracting party taking such action, or, in the case envisaged in paragraph 1(b) of this Article, to the trade of the contracting party requesting such action, of such substantially equivalent concessions or other obligations under this Agreement the suspension of which the CONTRACTING PARTIES do not disapprove. (b) Notwithstanding the provisions of sub-paragraph (a) of this paragraph, where action is taken under paragraph 2 of this Article without prior consulta- tion and causes or threatens serious injury in the territory of a contracting party to the domestic producers of products affected by the action, that contract- ing party shall, where delay would cause damage difficult to repair, be free to suspend, upon the taking of the action and throughout the period of consultation, such concessions or other obligations as may be necessary to prevent or remedy the injury. Mr. DAVIES. Concurrently steps should be taken to remove the Sig- nificant disadvantage to U.S. trade caused by European border taxes a.nd export rebates. Unless prompt action is taken in this matter there will be m- creasing serious damage to the balance-of-payments position of the United States. Thank you, Mr. Chairman, for the opportunity to present this. The CHAIRMAN. Thank you, Mr. Davies. In fact we thank all of you, Mr. Gerstacker, Mr. Turchan, Mr. Barnard, and Mr. Davies for your very fine presentation of the views of your organizations. The information is very helpful to us. Any questions? Mr. Burke. - Mr. BURKE. I would just like to ask the counsel in connection with the tables that you presented here on total tariff reductions. Do you believe that the negotiators exceeded their authority under the law to grant these reductions where they would be over 50 percent? Mr. BARNARD. May I answer this way. There is no doubt that the separate package is outside the authority granted by the TEA. There- fore, there is no authority in existing law for the separate package. What I was trying to say was that the reductions in excess of 50 percent exceed any authorization that was approved by the Congress in the TEA. These separate agreements were not approved by the TEA. This is a separate consideration, but the total cuts that were negotiated exceed the cuts that were approved by the Congress in the TEA. Mr. BURKE. Thank you. The OHAIRMAN. Any further questions? Mr. Bush. Mr. BUSH. Gentlemen, throughout the testimony there was a good deal of talk about the chemical industry being forced to go abroad. With respect to the plant, for example, that was built in the Nether- lands, the largest styrene plant in the world, which Mr. Davies re- ferred to on the last page of his testimony, page 6, is this plant lO0-percent~ American owned, or is this plant partially Dutch owned? Mr. DAVIES. I will get that information. We do not have the de- tails of that. You want to know whether it is 100-percent owned. Mr. BUSH. I don't particularly care about this plant but what I want to know is when the chemical industry talks about going abroad as a remedy to the existing dilemma that you find yourselves faced with, are you talking about 100-percent owned foreign plants, or PAGENO="0154" 4594 are you talking about plants that are going to be owned in conjunc- tion with private industry in foreign countries for the most part? Mr. BARNARD. Mr. Chairman, I believe that the figures released by the Department of Coimmerce indicate that it goes both ways. There are some 100 percent, some owned jointly with foreign interests, and some where the American companies even have a minority interest. I don't think there is any uniform principle that you could state was applicable to the chemical industry. Mr. GERSTACKER. I would be glad to try to comment on that. It is both ways. Today I think all are trying to do it 100 percent, United States owned wherever they can. There are many countries where this is impossible. Dow Chemical in the Netherlands has a plant we have been building now for about 3 years in which we presently have between a $100 and $150 million investment `and it is going to $200 to $250 million. That is wholly owned, and I feel as if I have a flashback here. Some years back I testified before this same committee as the president of SOCMA against the Kennedy round of tariff cuts pointing out then that I thought the dollar gap was a thing of the past and that further cutting in our tariffs would hurt the balance of payments, that our country would then have a balance-of-payments problem, would have one in the future that our companies would build plants abroad, that this was the export of American jobs, and somehow I feel here I am again today and the problem hasn't improved. We no longer have a dollar gap as far as I know. Mr. BUsH. Are these foreign plants mainly `built to sell in foreign markets? Mr. GERSTACKER. That is an excellent question. Some of the testi- mony has discussed this. I think primarily they are being built for the foreign markets but there is no question in my mind that in the future there will be shipmen'ts from those plants to this country because of the competitive cost of manufacture and because of the border taxes and these various things you see today. Mr. Busn. I am wondering if we don't have a slight inconsistency in your being critical of the Commerce Department for the restrictions aimed at investing abroad on the one hand, and on the other hand, in this beautifully presented testimony, the dilemma that you face in the tariff field from competitive imports. You are almost arguing on both sides, aren't you; in this testimony. Mr. GERSTACKER. I am aware of what you mean by the inconsist- ency. I would think as long as the products of many industries are going to come into this country, if we are going to go in that direction, it is better that they come in by wholly owned U.S. companies that we are taxing and will bring the dividends home instead of coming in `by foreign-owned companies. Mr. Busn. If they are being built for foreign markets mainly that wouldn't apply quite as much. The last question I have, Mr. Chairman, is what are the `basic raw materials that go into benzenoid chemicals? Is this petroleum gas? Mr. TURCHAN. They are mostly petroleum-derived now as opposed to the old coal tar but benzine is a very large raw material, naphtha-. lene, hydrocarbons such as that. PAGENO="0155" 4595 Mr. BUSH. But you find that your raw materials essentially are cheaper when you build a plant abroad? Mr. GERSTAOKER. I would be delighted to comment on this. The chemical industry has been attempting to tell everyone who would listen this problem for sometime. The cost of petroleum raw materials in our country today is 50 percent, not one-fifth, but 50 percent, higher than the cost of those same raw materials in Europe. Mr. BUSH. You are not talking about crude oil? Mr. GERSTACKER. I am talking about crude oil. Mr. BUSH. Is 50 percent higher? Mr. GERSTACKER. Is 50 percent higher in the United States than it is in Europe. Mr. BUSH. Laid down in, say, some port in the Netherlands? Mr. GERSTACKER. Yes, sir. Mr. BUSH. How about gas? Mr. GERSTACKER. Well, gas of course has been cheaper in this country than it has been there depending upon which part of our country you are discussing. Gas is very high cost in Michigan or States that don't have it. It is quite low cost in the gulf or Arkansas and those places. On the other hand, you are probably aware there have been new major discoveries in the Netherland~ and offshore the United Kingdom and other regions, so I would imagine in the future that the gas costs will come down rapidly in the Common Market also but gas itself is not as major a raw material as is crude and the derivatives from crude for the petrdchemical industry. Mr. BUSH. In your testimony you mentioned labor rates. What percentage is labor of this total again? You probably have that in your testimony and I didn't hear it. Mr. TURCHAN. The variation is tremendous. In other words, we are talking primarily today about benzenoids and then we stress primarily the small volume ones which they are extremely labor connected. Conversely when you talk about the petrochemical end and the part that Mr. Gerstacker was referring to in which we are at a decided raw material cost disadvantage here labor is a small part. This is very important that you bring this up, sir, but you have to be careful about averages. Averages are strictly arithmetical and that is all. There is a very wide spectrum in our industry. Mr. GERSTACKER. Just so long as there is no confusion, the labor costs are lower in other parts of the world than they are here. Now, you will see foreign people making the statements that their labor costs have been rising faster than ours. There are even some U.S. people who have been confused by this. Let's explain this statistically. If you start with a $1 an hour labor rate and raise it 10 percent you have gone up 10 cents. Here we start with $4 and raise it 3 percent and you have gone up 12 cents, so the gap is widening. It is not narrowing. And all of these arguments have been on a percentage basis. The truth is that the gap in rates has been widening ever since World War II. We do have this plant in Holland and I can assure you that the true cost of labor, including all fringes, including productivity, is about half in that plant as to a comparable plant in this country. Mr. BUSH. You wouldn't term thi.s industry as labor intensive, would you? Because of the technological aspects of your business it would not be labor intensive compared to a shoe plant. PAGENO="0156" 4596 Mr. GERSTAOKER. Our direct labor costs in the petrochemical end of the business are low, but if you take the sales dollar and how much of that sales dollar goes to labor of all types, including research and development people and marketing people, administrative people, and so forth, it runs about 25 cents out of the income dollar which goes fOr labor cost in this country. It is lower in Europe, it is much lower in Japan. Mr. BuSH. Thank you, Mr. Chairman. The CHAIRMAN. Any further questions? If not, again we thank all of you and we appreciate so much your very fine presentation. The fact that we don't have questions today doesn't mean that there is any lack of interest on our part in what you said. Thank you. Mr. BARNARD. Thank you, Mr. Chairman. The CHAIRMAN. Our next witness is Dr. David H. Dawson. Dr. Dawson, we agreed to recognize you this morning for approximately 10 minutes. If you do omit any partof your prepared statement in the process of complying with our request do so with the knowledge that the entire statement will be a part of the record. STATEMENT OP DAVID H. DAWSON, VICE PRESIDLENT, L. I. DU PONT DE NEMOURS & CO.; ACCOMPANIED BY L R. KIMMEL, TABlET COUNSEL, AND E. B. PLEASANTS, TAX COUNSEL Mr. DAWSON. Thank you, Mr. Chairman. Mr. Chairman and mem- bers of the committee, I am David H. Dawson, a vice president of E. I. du Pont de Nemours & Co., of Wilmington, Del. I have with me on your right Mr. Kimmel, our tariff counsel, and on your left, Mr. Pleasants, our tax counsel. The CHAIRMAN. It is good having all of you with us. Mr. DAWSON. Thank you. We have sought the privilege of speaking and testifying despite the fact that we have participated in and we subscribe to the excellent pr~sentations which have been made by the Manufacturing Chemists Association and the Synthetic Organic Ohemical Manufacturers Association this morning. We subscribe to their conclusions and their recommendations. Nonetheless, we sought the privilege of appearing in order to make two points which we think it is important that we register with you. First, we would like `to speak to the textile situation and, second, we would like to attempt to give you one company's analysis of the re~isons for the sharp disagreement between the industry and the Government negotiators. One-third roughly of the Du Pont Co.'s products, and they are about $3 billion, go into the textile industry and for the purposes of tariff and trade considerations we are re- garded, properly, as a part of the textile industry. You have beard from representatives of all the segments of the textile industry as to the situation ~hi~h they face and we would like to support their conclusions and to register three points with you. First, there is, as perhaps has been made clear a great inter- dependence in the whole complex of the textile industry. We as a producer of n~anmade fibers are involved in all of them. If a retailer PAGENO="0157" 4597 purchases imported garments this represents a loss of business to the local manufacturer of the garments, of the fabrics contained therein, and of the fibers which go to make it up. If the textile mill industry imports fabrics this represents a loss to the local textile mill ~ndustry and to the manmade fiber people and if they import fibers it is a loss to the fiber producer. So that we are involved in the incursions of the imports in all the segments of this industry. The second point we wish to make is their situation, which they feel is acute and with which we would agree, has been occasioned in con- siderable part by the fact that our European trade partners have responded to these conditions in a very effective manner, and we have made a part of our statement a paper prepared by the Office of the Spe- cial Representative in which he outlines the restrictions applied by 12 foreign countries in 1967 and it speaks for itself. The Europeans have effectively limited the incursion of the lower cost, largely Far Eastern countries into their markets where our markets remain open. The third point that I would like to make is to reiterate a point which was made by a group of the House in March in which they dis- cussed the problems besetting the textile industry and they in their reference to Appalachia made clear that there is an economically un- derdeveloped nation within the United States and that in these areas the textile industry is suppling one out of three manufacturing jobs. I think I should also like to point out that in the manmade fiber in- dustry 50 percent of the employment is located in these counties of Appalachia. The United States is the world's largest textile market and yet it is unprotected except for the long-term cotton agreement controls that provide for the orderly development of cotton textile and apparel trade. With full recognition of the dangers and problems arising from the use of quotas, we submit that we have no choice but to embrace them so long as they are employed by our foreign competitiors in such a very effective manner. Now I would like to turn to the chemical section of the considera- tions which we have before us and talk very briefly as to perhaps why there is this marked difference of viewpoint. The Government witnesses are saying that the Kennedy round and the supplemental agreement represent a tremendous opportunity for export expansion. We say that this is not true. You have heard that this morning. And in the case of the Du Pont Co. we have analyzed with great care all of our export business in an effort to determine whether we do have such export opportunities. Briefly, to take you through one critical case of our Common Market exports, we exported roughly $68 million worth of goods in 1967. We find that only about $2 million of theses are susceptible to export ex- pansion if the supplemental package is approved. The reasons are briefly these: In the case Of $37 million of them, 56 percent of our sales, they are primarily manmade fibers and polychoro- prene synthetic rubber and the duties are outside the agreement and will be unaffected by it. PAGENO="0158" 4598 Of the remaining $29 million there is a variety of reasons, but briefly about $8 million of them are intermediates for use in our own plants which obviously are not susceptible to this sort of variation; $3 million of them are products whichhave already been granted special low rates which would not be affected by the special agreement if im- plemented. Five million dollars plus comprise agricultural chemical products and other products which we now manufacture in Europe. Expansion of our agricultural chemical products is effectively limited by the foreign patent laws. Many European countries require local manufacture or compulsory licensing which effectively prevents exporting from this country on a continuing basis. Another $6 million of sales comprise products where our market position is such that we found by experience that price reductions are immediately met by our competitors abroad, so that lowering our EEC prices by the amount of any foreign tariff reduction would not result in expanded volume. Another $3 million comprises specialty products not competitive with any produced in the EEC and again price is not a factor. So we are left with a total of about $2.3 million where we agree that there is an opportunity for export expansion, but this is three and a half percent of our volume. We have also reviewed products which we did not export in 1967 in an effort to determine whether we could expect export sales to be stimulated. We found no basis for such expectation. We can say with great definiteness that in the case of the Du Pont Co. the pur- ported great opportunity for expansion of export markets if the special agreement is implemented is not the case. As far as the American selling price is concerned we would sup- port the opinion which has already been stated that the proposed deal is inequitable for our industry and for our company and should be rejected. We completely support the position which has been expressed to you. In the interest of brevity I would like to say only that we have in- cluded in our statement discussions of this difficult area of border tax. We support the conclusion that it will have adverse effects. We feel that these effects are as yet not completely defined so that it isn't possible to say just how great they are. It will depend in large part on the reactions in the marketplace~ We think they are real and that they demand the careful coiisideration of your committee in addressing yourself to this very complex problem. We also endorse the recommendation that the question of tax incen- tives for exports be considered and that particular consideration be given to the recommendations of the National Export Expansion Council. Finally, we support also the fact that the oil import quota scheme, which was put in for good reasons and which was entirely proper in our opinion, has become a very confusing situation as its use in chemi- cals has grown and that it has contributed to the poorer competitive posture of the American industry and as the Kennedy round proceeds it will become additionally important and the time is here when the Government should carefully consider the need for differentiating be- tween energy and chemical uses of petroleum raw materials. PAGENO="0159" 4599 Mr. Chairman, tT~at completely summarizes what we had to say. (Mr. Dawson's prepared statement follows:) STATEMENT OF DAVID H. DAWSON, Vion PRESIDENT, E. I. Du PONT DR NEMOURS & Co. I am David H. Dawson, a Vice President of E. I. Du Pont de Nemours and Company of Wilmington, Delaware. Du Pont welcomes this opportunity to ex- press its views on tariff and trade proposals before this Committee dealing with the general subject of the balance of trade between the United States and foreign nations. Dii Pont manufactures and sells in the United States and foreign countries a widely diversified line of chemicals, plastics, and man-made fibers. In 1967 our total sales were more than $3 billion, of which $2139 million were sales abroad of products manufactured in and exported from the United States. In that same year our total foreign business, which includes in addition to exports from the U.S., products manufactured and sold outside of the United States by consolidated subsidiaries and non-consolidated affiliated companies was about $619 million.1 Obviously, Du Pont has an important interest in, and can be importantly af- fected by, the tariff and trade proposals being considered by this Committee. In the limited time available I would like to try to explain to the Committee in some depth how we believe some of the present and proposed foreign trade policies af- fect our company. TEXTILES More than 30% of our more than $3 billion of sales in 1967 were to the textile mill products industry. Most of these sales were man-made textile fibers to textile mill operators. Obviously, the economic well-being of this industry is of the greatest importance to Du Pont, as it is to this country's balance of payments problems and to our economy. What may not be so apparent, however, is the very high degree of economic. interdependence between the various segments of the textile industry of which the man-made fiber producer is one, and how this interdependence operates most rigorously on the man-made fiber producer. The apparel manufacturer, for ex- ample, is free to import fabric; he is not necessarily dependent upon the textile mill operator. The textile mill operator, in turn, so far as his raw materials are concerned, may be the purchaser of imported man-made fibers. The domestic man-made fiber producer, however, is almost totally dependent upon the textile mill products industry for the consumption of the output of the fiber-producing plant, and indirectly dependent upon the apparel manufacturer to acquire fabric from a domestic mill in order to sustain demand for domestically produced man- made fibers. Thus, it is clear that imports of fabric and apparel have as great an effect on the domestic man-made fiber-producing industry as imports of the fibers themselves. This Committee has already heard extensive and detailed testimony from representatives of the fiber, fabric and apparel segments of the domestic textile industry describing the import problem faced by each and its interrelation to the import problem of the other segments. We in Dii Pont have satisfied ourselves, by independent analysis, that the views expressed by these indivbhual segments of the textile indiMry are substantially correct. We are convinced thaI~ domestic man-made fiber producers, of which we are one, will be seriously and adversely affected should the Congress fail to recognize the serious import problems of the domestic textile industry. For these reasons, Dii Pont supports the domestic textile industry in its efforts to have the Congress enact appropriate textile quota legislation. One aspect of the textile import problem deserve special mention because we believe it is one of the principal reasons why the United States has swung from being an exporter of textiles with a favorable trade balance of better than $500 million to its current~ position of being an importer of textiles with an unfavor- 1Fo~ign business breakdown: In mill4ons Europe $218 Canada 161 Latin America 129 Elsewhere 111 Total PAGENO="0160" 4600 able trade balance of approximately the same size. This is the matter of quantita- tive import restrictions on wool and man-made textiles imposed by foreign countries. Attached to this is a paper prepared by the Office of the Special Representa- tive for Trade Negotiations identifying such restrictions applied by 12 foreign countries in 1967.2 I do not propose to examine this paper With you in detail. It speaks for itself. It is clear from the table appearing on page 2 that EEC per capita imports from countries other than the U.S.A. and Canada (i.e., from the underdeveloped, low-wage, principally Far Eastern coi~ritries) are less than half those of the U.S.A. These European countries, which have ordinarily been larger importers than the U.S., are not importing proportionately as much from the underdeveloped nations and Far East, primarily because of the limitations which have been placed upon imports and which are spelled out individually by country in the study paper. These limitations of imports from lower labor cost countries which deflect Japanese exports into the wide-open U.S. market are the primary reason for the rapidly increasing pressure against the domestic textile industry. While the emphasis at the time of passage of the Trade Expansion Act was to establish closer trade ties between the Common Market and the United States, the textile trade problem is tending more and more to be related to the develop- ing nations and Japan. It is generally accepted that textile manufacture is one of the easiest industries to create in a developing economy because it is a high- labor, low-capital industry with an immediate local demand. Consequently, the textile industry has been the starting point in the industrialization of most countries. The large U.S. market has become the primary target of the develop- ing countries. Seventy members of the House on March 9, 1967, discussed the * problems besetting the textile industry and in their reference to Appalachia made clear that there is an "economically underdeveloped nation" within the lJnited States. If this country remains resolute in its "war on poverty" it should * be significant that in those counties in the U.S. where more than 40% of the families have income below $2,500 per year, the textile industry provides one job in every three manufacturing jobs. With respect to man-made fiber produc- tion, 50% of the employment is located in the counties of Appalachia. Rising imports of man-made fibers and all other textiles would have their greatest impact on that segment of the population which the war on poverty seeks to help. The U.S. is the world's largest textile market and yet it is unprotected except for the Long Term Cotton Agreement Controls that provide for the orderly development of cotton textile and apparel trade. With full recognition of the dangers and problems arising from the use of quotas, we submit that we have no choice but to embrace them so long as they are employed by our foreign com- petitors in such an effective manner. SUPPLEMENTAL AGREEMENT RELATING PRINCIPALLY TO CHEMICALS Part 1.-Ecoport opportunities Since it was concluded in June 1967, the special Geneva agreement on chemicals has been widely publicized and acclaimed by the President's Special Representa- tive for Trade Negotiations (SRT) as deserving of support from all, including the domestic chemical industry. This is because, if implemented, it purportedly will provide domestic industry with very substantial new export opportunities and thereby generate additional income and new employment. Insofar as Du Pont is concerned, we must disagree and state that we are unable to find any factual basis for this assertion. We are prepared today to discuss with this Committee in as great detail as it wishes how we believe the special Geneva agreement on chemicals will affect Du Pont export sales. The United Kingdom (U.K.) and the European Economic Community (EEC) are the two principal trading areas whose tariffs would be further reduced if this agreement were implemented. We have analyzed our export sales to these two areas in depth and would like to illustrate the basis for our conclusion by rertewing briefly this analysis of our Company's export sales to the EEC. If there are questions concerning analyses of our export sales to the U.K., I would be glad to answOr them. Du Pont 1967 exports to the EEC were $67.5 million. Our detailed analysis 2 Exhibit 1. 2 See Exhibit 2, a bar chart, which will facilitate following the ensuing discussion. PAGENO="0161" 4601 has included $65.6 million or 97% of these sales. In the case of $36.7 million, or 56% of these sales, EEC ~luties are outside the special agreement and unaffected by it. Most importantly, these are man-made fibers and polychloroprene synthetic rubber. Of the remaining $28.9 million of our exports to the EEC, we have concluded that $26.6 million4 would be unaffected by lower EEC tariffs for several reasons. 1. $8.5 million are intermediates for use in our own plants abroad, the volume of which will be entirely dependent on expansion of sales in Europe of the finished product manufactured therefrom. 2. $3.1 million are products which have already been granted special low duties by the EEC which would not be affected by the special agreement if implemented. 3. $5.4 million comprise agricultural chemical products and other products now being manufactured in Europe. Expansion of our agricultural chemical products exports is effectively limited by the foreign patent laws. Many European countries `require local manufacture or compulsory licensing, which effectively prevents exporting from this country on a continuing basis. Export sales of the remaining products now manufactured in Europe will be insensitive to duties and foreign manufacture will be preferred for reasons of service and local product demands. 4. $6.4 million of our export `sales comprise products where our market position is such that we have found by experience that price reductions are immediately met by local large producers, so that lowering our E'EC prices by the amount of any foreign tariff reduction would not result in expanded volume. 5. Another $3.2 million comprises specialty products not competitive with any produced in `the EEC or with distinctive quality advantages over their European counterpart. `Price is not the primary factor in the sale of such products and price reductions of the magnitude allowable by duty reductions have not proved in the pa'st to have `stimulated exports. This leaves a total EEC export volume of about $2.3 million, where our studies lead us to `believe that sales would be stimulated further by duty reductions. These comprise only about 3.5% of our 1967 exports. In addition, we reviewed products we did not export in 1967 to determine whether we could expect that export sales of them might be stimulated by the duty reductions; we found no basis for `such an expectation. It is therefore our reluctant conclusion that Du Pont export sales growth stemming from EEC duty reductions envisioned by the special Geneva agreement on chemicals would be very small indeed. This typical analysis,5 based on our detailed studies, has convinced us that insofar as Du Pont is concerned, implementation of the special Geneva agree- ment on chemicals will not substantially increase our export sales nor impor- tantly enhance our competitive position in world markets. These conclusions are in sharp disagreement with tho'se of our negotiators, and we must ask the simple, but serious question-how will the United S'tates, the domestic chemical industry, and Pu Pont, gain from implementing the special agreement? Part 2. Impact on Dn Pont of loss of American selling price As a result of the Kennedy Round negotiations alone, Pu Pont estimates that on an annual basis it will suffer the loss of about 12% of its 1967 earnings by the time of the completion of the Round. The major factor is the effect of in- creased import competition from Europe and Japan and the concomitant loss of position in domestic markets and increased price erosion resulting therefrom. The situation is serious enough in its direct impact on our Company opera- tions. However, the problem does not end there since tariff reductions were negotiated on our customers' products. Under these circumstances, our cus- tomers and their customers in turn have to make adjustments to new competitive situations. As a result, we expect serious business problems in adjusting our manufacturing operations. We expect dislocations to occur in important seg- ments of our business and probable discontinuation of some products. Pu Pont believes that implementation of the special Geneva agreement on chemicals, including elimination of the ~American selling price method of cus- toms `valuation (ASP), can only aggravate the problems resulting from increased See Exhibit 3, which lists the products involved. ~ See Exhibit 4, which sets forth a comparable analysis of Du Pont 1967 export sales to the United Kingdom. 95-159 0-OS--pt. 1O-11 PAGENO="0162" 4602 low-priced imports and further impair its ability to withstand import price pressures. By the time these hearings are concluded, this Committee will have heard extensive and detailed testimony from representatives of the domestic benzenoid chemical industry describing the import problems faced by that industry and its importance to the national economy. We in Du Pont subscribe to the views expressed by the Manufacturing Chemists' Association and the Synthetic Organic Chemical Manufacturers Association. BORDER TAXES There has been a great deal of discussion recently about the impact of taxes imposed at foreign borders on goods exported from the U.S., particularly with respect to the switch which Germany made the first of this year from a cascade- type turnover tax to a value-added-type tax which France has had for many years and which most of the other countries in Europe have indicated they will adopt. The nature of the competitive disadvantages to American chemical manufac- turers because our trading partners use different tax systems and the reasons for them are fully analyzed in the statement submitted to this Committee by the Manufacturing Chemists' Association (MOA). Our own independent studies corroborate MCA's report. MCA reported two principal disadvantages to American chemical manufactur- ers: first, the switch by our trading partners from one indirect tax system to an- other, and second, the fact that the economic realities of the market place often do not permit indirect taxes including value-added taxes to be shifted forward com- pletely to the consumer. Both disadvantages in many cases decrease the profit- ability of American chemical export sales and increase the profitability of export sales by foreign competitors, including the profitability of their export Sales to the U.S. We have had several discussions with the Office of the Special Representative for Trade Negotiations concerning these competitive disadvantages, particularly that resulting from the German switch to the value-added tax. What has emerged from these discusSions is, we believe, general agreement that American chemical manufacturers have been disadvantaged by the switch to a value-added tax system and may be further disadvantaged by the fact that value-added taxes often cannot be shifted forward completely. There is an increasing awareness in commercial and financial circles of these disadvantages and their significance to many American exports. In a recent speech,° Walter B. Wriston, President of the First National City Bank of New York, describes them as "Gattmanship" which he defines as "lowering tariffs but hindering imports from the United States." He frankly acknowledges that up to this point their significance has not been widely understood because the tax structure is so complex and because the interaction of the border taxes and rebates is so difficult to trace. The Office of the Special Representative has indicated that it would like industry to supply it with specific product examples quantifying the impact of these disadvantages and we expect to do so. However, from the work already done, the disadvantage caused by the switch is clear although its magnitude differs depending on the tax burden borne by the product prior to the switch and may never reach a market-place equilibrium. The trouble is that the key information to enable a product-by-product analysis to be made is not available to domestic industry or to the U.S. Government. It is held by the domestic industry of the foreign country and the government of that country. We believe the present situation is that the Office of the Special Representative has had sufficient reliable information furnished it by industry to establish the fact of the competitive disadvantage to U.S. manufacturers resulting from a switch to the value-added tax to warrant that Office's taking up the subject with those countries who have switched and those who are contemplating the s~vitch and insisting that immediate steps be taken to compensate for or remove the disadvantage. We understand that at a recent meeting of representatives of the member countries of the General Agreement on Tariffs and Trade (GATT) a representative of the Office of the Special Representative for Trade Negotiations raised the border tax problem. However, we do not know how Strong a position has been taken on behalf of the United States. 0 Apr. 23, 1968. PAGENO="0163" 4603 In the meantime, we believe the United States should take steps to place its domestic industry in a position comparable to that occupied by its foreign corn- peti'tors. Congress should enact legislation which will impose a border tax on all imports into the United States which approximates the amount of indirect tax borne by products of U.S. manufacture. This can be accomplished within the current GATT rules. And, as is done by indirect tax countries, all goods exported from the U.S. should be relieved of the indirect tax burden by a corresponding tax rebate. This would improve the profitability cxi' exports and thereby encourage U.S. manu- facturers to expand export sales in aid of the U.S. balance of payments position. This, too, can be accomplished; within the current GATT rules. TAX INCENTIVES TO ENCOURAGE EXPORTS In addition to relieving exports of their domestic indirect tax burden, we believe serious consideration should be given to formulating a program of income tax incentives to encourage exports. Such incentives are increasingly being used by other nations. For example, The Journal of Commerce for May 20 of this year reports that Japanese manufacturers increasing export sales will be granted tax breaks under regulations which went into effect on May 1. In 1966 the Action Committee on Taxation of the National Export Expansion Council recommended a program of tax incentives for exports largely free of GATT problems involving changes in administrative interpretations and enact- ment of new legislation. We believe this Committee's recommendations are prac- tical and on target. They are not short-range but rather form the basis for a long-term solution to the problem of how to effectively stimulate domestic indus- try to export. OIL IMPORTS By the time these hearings end, other witnesses will have described in detail how the U.S. oil import control program, because it makes petroleum more costly in the United States than in the rest of the world, poses a serious and growing threat to the American chemical industry. U.S. chemical producers face the prospect of paying the higher domestic price for their raw materials while their overseas competitors pay the lower world price. As a result of the Kennedy Round settlements, U.S. tariffs on most petrochem- ical containing and derived products imported into the United States will be re- duced by fifty percent. We expect imports of such products will substantially increase. In both domestic and export markets Pu Pont and other U.S. chemical producers will face lower price competition from foreign chemical producers who will continue to have the advantage of lower labor, equal or lower capital invest- ment and lower raw material costs than domestic industry. Our raw material cost disadvantage is the result of our self-imposed controls on imports of oil. Sm-ely, this is one disadvantage under which domestic industry should not have to labor and can further worsen our nation's ah~eady acute balance of payments problem. The Administration has agreed to some interim changes in the program which we believe move in the right direction, but much remains to be done if the domestic chemical industry is to retain both its export and domestic markets over the years ahead. Of m~ijor importance is how to change the program to achieve a realistic and effective separation `between the energy and the chemi- cal sectors of the oil import program. The Administration should recognize the distinction between the primary fuel and energy markets of the petroleum industry, which oil import quotas are properly designed to protect, and the needs of the chemical industry for competitively priced feedstocks for the production of chemicals and plastics. CONCLUSION The Du Pont Company is deeply concerned about current and prospective tariff and trade policies and their impact on its `domestic and export business. Pu Pont and other domestic chemical producers are forced to operate under domestic tariff levels which have been lowered to the point where they do not adequately compensate for labor, investment and production cost advantages enjoyed by their foreign competitors. We are forced also to operate under Gov- PAGENO="0164" 4604 ernment import controls which deny access to foreign-source raw materials that are available to overseas competitors at prices lower than domestic U.S. prices. Finally, Du Pont and other domestic chemical manufacturer-exportem are forced to compete with foreign companies which operate under tax systems which advantage them, while our domestic tax systems fail to provide com- parable incentives to stimulate export growth. These seemingly paradoxical Government policies severely impair Du Pont's, as well as other domestic chemical manufacturers', competitive capability in domestic and export markets. This Oommittee has a singular opportunity to formulate a sound long-range foreign trade policy by reconciling these important and complicated subjects. Exhibit 1 DECEMBER 27, 1967. OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGoTIATIONS QTJANTITATIVE IMPORT RESTRICTIONS ON WOOL AND MANMADE TExTILES This paper identifies quantitative import restrictions that have been applied in the calendar year 1967 against wool and man-made textiles by 12 foreign. countries-Austria, Belgium~Netherland5-LUxemboUrg (Benelux), `Canada, Den- mark, France, Italy, Tapan, Norway, Sweden, Switzerland, United Kingdom and West Germany. For purposes of this paper, the term "quantitative import restrictions" means restrictions which have the effect of controlling the quantity of imports through such means as quotas, licenses, "voluntary" export controls, and minimum import prices. The term does not include licensing systems under which licenses are automatically granted nor general provision's `of law, like "escape clause" pro- visions, which could potentially be invoked to impose quantitative import restriction's. Various countries have bilateral trade agreement's which specify products biit do `not establish quot'as. These agreements `were included in this paper when specific information on them was readily available or when there is evidence that licensing is being limited. Following World War II, many countries, in seeking to rebuild their war- shattered economies, imposed quantitative i'mport restrictions to conserve scarce foreign exchange. These restrictions did not prevent the countries concerned from `maintaining their overall level of imports at close to the `highest level permitted `by their foreign exchange re'serves, but d;id affect the import "mix". As the industrialized countries recovered in the late fifties and began to build their foreign exchange reserves, quantitative import restriction's on thousands of products were removed, particularly with respect to imports from the O'E~EC countries. Agricultural products, textiles, and coal are seveMl examples of hard- core items which remain restricted. Some countries continue legally to justify quantitative import restrictions directed at specific important textile exporting countries under GATT A'rticle XXXV, which permits a `GATT member to withhold the application of its tariff concessions or the provisions of the entire Agreement from another `GATT mem- ber with whom it has not negotiated tariff concession's. This article was invoked by many European countries when Japan joined the GATT. Many of these countries `have now disinvoked Article XXXV but rely on bilateral agreements or special valuation or other devices to protect domestic producers. The overall significance of restrictive `measures i's indicated in a genera'l way by the actual levels of imports. The following table shows the value of textile and apparel imports in 1966 for the countries listed in the study and, in comparison, for the United States. Imports are shown on a per capita basis in order to adjust for differences in population. PAGENO="0165" 4G05 PER CAPITA IMPORTS OF TEXTILES 1 AND APPAREL2 INTO SPECIFIED AREAS IN 19663 Net imports Gross Less trade Area imports within EFTA or EEC From areas other than Total United States, Canada, and Europe Austria Denmark Norway Portugal Sweden $28.57 50.31 44.30 4. 37 45. 36 $7.75 17.34 23.49 2. 22 18. 40 $20.82 $1.88 32.97 12.38 20.81 3.52 2. 15 0. 36 26.96 Switzerland 45. 11 10. 55 6. 32 United Kingdom EFTA average 10. 89 1. 20 4. 89 9. 69 4. 67 20. 04 5. 56 14. 48 4. 53 Belgium.Luxembourg France 43. 42 8. 68 36. 42 6. 36 7. 00 1. 90 2. 32 Germany 4 Italy Netherlands 24. 98 4.63 52. 30 16. 15 2.75 43. 91 0. 46 8. 83 3. 61 1.88 0.51 8. 39 2. 29 EEC average 17.58 12.63 4.95 1.69 Canada 19.32 19.32 Japan 0.94 4.64 Unded States 6.07 0.85 6. 07 3. 77 Average 11. 43 4. 78 6. 65 2. 79 ~1 SITC Nos. 651, 652, 653 (except woven jute fabrics), 654, 55 (except cordage and manufactures, and hat bodies), 656 and 657. 2 SITC No. 841 (except leather clothes and accessories; headgear; and rubber clothing). 1965 for Germany. 4 Includes West Berlin but excludes interzonal trade. Source: U.N. Statistical Papers: Commodity Trade Statistics, vol. XVI (vol. XV for Germany). These data indicate that, on a per capita basis, the value of U.S. textile imports is relatively moderate. However, per capita consumption is considerably greater in the United States than in other countries, as indicated by the data In the table below. The rankings of the countries in these two tables provide an indication of the relative role of .ipiports in the domestic market. This comparison can only be indirect, primarily because the evailable data on imports are in dollars while those for consumption are in kilograms. Per capita consumption of tewtiles in specified areas in 1964 Apparent consumption, fiber equivalent, Areas: 196.~' Austria 10. 1 Denmark 12. 6 Norway 10. 3 Portugal 7. 1 Sweden 12. 8 Switzerland 12.4 United Kingdom 14. 1 EFTA average 12. 6 Belgium Luxembourg 12 5 France 10.4 Germany 12.9 Italy 8.0 Netherlands 13. 6 EEC average 10. ~ Oanaida 13 3 Japan 13. 0 United States 17. 4 Average 13. 8 1 Availability for home use. Source: "Per capita fiber consumption 1962-64 (cotton, wool, and manmade fibers) FAO Document COa/66, Rome, Dec. 31, 1966. PAGENO="0166" 4606 AUSTRIA A. Under an Austro-Japanese trade agreement, certain textile items are subject to import licensing, but without specified quotas; licenses are granted "to the extent permitted by the eeonomic situation of Austrian industries involved." B. A 1967 antidumping and market disruption law allows Austrian customs officials to impose supplementary duties on the following wool items when their landed prices are below the specified p-ices: Per pound (a) Plain fabrics of blended wood yarn $0. 72 (b) Cardigans, pullovers and sets, made of wool or fine animal hair: (i) if of lambswool 5. 95 (ii) if of merino yarn 5. 66 (iii) if of shetland yarn 3. 90 - BENELUX A. The three Benelux countries share a common bilateral trade agreement with Japan which expires April 30, 1969. Pursuant to this agreement, all imports from Japan are subject to licensing, and a "market disruption clause" provides for immediate consultations should any industry, including the textile industry, be actually or potentially injured. If no agreement can be reachced within a reason- able time, the Benelux countries may impose quantitative restrictions as deemed appropriate. This clause, however, has thus far not been invoked, and licensing requirements have evidently not been used restrictively. B. The bilateral agreement with Japan also establishes certain quotas on textiles, which are as follows for 1967. These quotas are allocated administratively among the three countries. Quota Product: (metric tons) Yard of manmade fibers and rayon fibers for retail sale 125 Woven manmade filament fabrics, printed 50 Woven manmade filament fabrics, not printed exc. grey 275 Woven manmade spun fabrics, printed 78 Woven manmade spun fabrics, not printed exc. grey 170 Grey cloth of manmade fibers (filament and spun) and of cotton 1 $1 240, 000 Ribbon, lace, braid and trimming, not silk 30 Outer garments and other articles, knitted or crocheted, of wool or wool mixtures 80 Women's, girls' and infants' outer garments, not silk or wool (excl. kimonos) 60 Men's and boys' shirts and pyjamas of manmade fibers and cotton 85 Handkerchiefs of cotton and manmade fibers 18 Shawls, scarves, etc., of manmade fibers 70 1 Quota fixed in Be'gian francs. C. In June, 1967, the Commission of the EEC authorized the Dutch to restrict imports of woolen yarns and fabrics from Italy pursuant to Article 226 of the Treaty of Rome. CANADA A. A Japanese-Canadian agreement provides for the voluntary restriction on exports of certain Japanese goods including synthetic-fiber apparel in 1967, as follows: Blouses1 dozen-- 41, 000 Shirts' (blends only) do~__ 76,000 Trousers and outer shorts1 do___ 56,000 Knitted wear (including wool manmade blends) do____ 354, 000 Elastic braid (all fibers) pounds__ 500,000 Fabrics (nylon) square yards__ 3, 300,000 Outer wear of spun rayon and synthetics dozen__ 105,600 1 The terms of the agreement provide for 10% transfer rights between synthetic and cotton groups. PAGENO="0167" 4607 B. As the part of a bi~oader trade agreement, Korea has accepted the following voluntary restraint levels for 1967. Broadwoven fabrics wholly or substantially nylon square yards_ 200,000 Manmade fiber garments (with five subquotas) dozen__ 97, 500 Broadwoven worsted fabrics .square yards~. 150,000 Narrow fabrics of any textile material pounds~. 45, 000 Gloves (all types, including nontextiles) dozen 20,000 C. An agreement with Hong Kong restrains the exports of garments made from 100% polyester and polyester-cotton blends of major weight polyester for October 1967-September 1968 as follows: Dozen Shirts 75,000 Blouses 40,000 Trousers 55 000 DENMARK A. Denmark requires import licenses for all exports from non-free list coun- tries, which include the Communist bloc countries, as well as Japan, Korea, and Taiwan among the important textile exporters:. Licenses are used as a means of regulating these imports, although there is no indication of the actual degree of restraint thereby exercised. B. There are unconfirmed indications that Japan may be exercising voluntary control over some of its textile exports to Denmark, particularly of woolen fabrics, blouses, sports shirts of all fibers, and woolen sweaters. FRANCE A. France makes use of import licenses to restrict a number of wool and man-made apparel items, requiring them for imports from any GATT countries (although not OECD coun.tries, with the exception of Japan). These licensing arrangements are not administered in conjunction with any established quotas. Besides these apparel items, certain other imports from Hong King, namely woven wool fabrics, certain blends and carpets (of mixed fiber content) are licensed in a restrictive fashion. B. In addition `to these licensing provisions, France has, according to available information, two trade agreements which include quotas on wool and man-made textiles. One, with Japan, estabilshes specific quotas-whose current levels are not available-on Japanese exports of filament yarn of man-made fibers, woven fabrics of all fibers, and woven and knitted garments of all fibers. This agree- ment includes a safeguard clause which may be invoked in the case of dis- ruption or threatened disruption of markets in either country. The second, with india, provided for quota levels (in 1966) of 600,000 francs for man-made fiber imports and of 125,000.francs for imports of knitted goods of wool. The following quota levels on Japanese wool and synthetic textile imports into France were in force between April 1965 and March 1966. tern Metric tons Value (thousands) Synthetic filament yarn (of which 33 tons of yarn thrown with more than 400 turns per meter) 66 `($198. 0) Rayon filament yarn 165 (181. 5) Synthetic woven filament fabric 66 (330. 0) Rayon woven filament fabric: Printed 22 (55.0 Unprinted 33 (110.0 Combed woolen yarn for retail sale 220. 0 Woolen fabric 61 (220. 0) Spun synthetic woven fabrics 44 (264. 0) Spun rayon woven fabrics: Printed (220. 0) Unprinted 121 (220.0) Textile articles other than cotton: Woven clothing 308. 0 Knitted goods 88. 0 Other articles 44. 0 Dollar values in parentheses are only indicative; where they exist, the tonnages are ruling. PAGENO="0168" I mport quotas BIN tariff No. For For consumption reexport Synthetics: Yarn of continuous fiber, not for retail sale Monofilament Yarn of continuous fiber, for retail sale Woven fabrics of continuous fiber Discontinuous fibers, not processed Filament tow Waste Fibers, discontinuous, corded, or combed Yarn: Discontinuous For retail sale Woven fabrics, discontinuous fiber lotal Wool: Sheep's or lamb's wool Woolen yarn Worsted yarn Yarn, for retail sale Woven fabrics Carpets, etc.: Woven pile fabrics Narrow woven fabrics Miscellaneous: Elastic fabrics and trimmings combined with rubber thread Apparel (excluding cotton): Knitted and crocheted: Gloves Undergarments Outer garments Other than knitted or crocheted: Women's and girls' outer garments Men's and boys' undergarments Women's and girls' undergarments Handkerchiefs Shawls, scarves Other made-up articles: Iraveling rugs and blankets Bed andtable linen _________________________________ lotal 1966 imports from Japan in these woolen and man-made categories amounted to only $1.46 million in contrast to the 1966-67 agreement-year quota of $2.02 million. The quotas, taken as a whole, may therefore not be overly restrictive. They may he restrictive, however, for individual categories. B. Italy has trade agreements with Formosa, India, and Pakistan. The agree- ments list items of trade but do not specify quotas. Import licenses for Indian and Pakistani goods are granted without restriction (information on licensing of Formosan goods is not available). 4608 In late 1967, both countries agreed to a reduction of discriminatory quotas. In return for certain Japanese concessions, France has agreed, by 1969, to reduce by half the number of categories of imports from Japan which are subject to quota restrictions; some wool and man-made textiles will likely be included, but it Is not yet known which ones. ITALY A. A trade agreement with Japan provides for quotas on 95 categories of goods, including wool and synthetic fiber goods listed below. For the 1966-67 agreement year, quotas on restricted wool and synthetic items totaled $2.62 million of which $1.23 million were imports for domestic consumption and $1.39 million were im- ports for processing and reexport. The following details are provided. Item 51.01 $50,000 $100 000 51.02 40,000 51.03 5,000 51.04 360,000 56, 01 60, 000 56.02 30,000 56. 03 30, 000 56.04 40,000 200,000 56. 05 50, 000 50, 000 56.06 5,000 56.07 480,000 53.05 53. 06 53. 07 53.10 53.11 58. 04 58. 05 59.13 310,000 1,190,000 400,000 200,000 80,000 40, 000 60. 04 60.05 40, 000 40,000 61.02 61.03 61.04 61.05 61.06 40,000 40,000 40,000 40,000 40,000 62.01 62.02 40,000 40,000 400,000 PAGENO="0169" 4609 JAPAN Japan has a global quota on imports of woven woolen fabrics, amounting to $22.8 million for the year ending March 31, 1968, with $2 million reserved for France and $800 thousand for Italy. The French quota is established under an overall bilateral trade agreement, while the Italian quota is set unilaterally by Japan. NORWAY A. An agreement between Norway and Japan establishes two import lists, consisting largely of textiles. For the first, import licenses on Japanese exports are automatically granted up to a certain limit, at which point the two countries consult "with a view to finding appropriate measures for the development of trade between the two countries". It is unclear whether such consultations have in fact taken place. The second list indicates those Japanese exports to Norway which will be licensed automatically and without limit. Of these, the Japanese have voluntarily undertaken to limit the exports of two synthetic fiber fabric items. This undertaking has provided for a yearly growth rate of somewhat more than 10%. B. Licenses are also required for all imports, including textiles, from South Korea and Formosa. At present, no licenses for textile imports are granted to South Korea, due to the lack of an agreement between the two countries con- cernin.g Korean textile exports to Norway. No information is available as to the administration of the licensing system with respect to Formosa. SWEDEN A. An agreement with the Koreans regarded as temporary and due to expire February 1968, limits Korean exports to Sweden of certain knitted and crocheted goods. An investigation by `Sweden will be completed in mid-January to determine whether this agreement should be continued. B. An agreement with Japan which expired in 1963 is still considered ruling by the Swedish Government and its quota provisions on woolen and man-made textiles are still believed to be in force. However, the Sweden-Japan textile trade position has not been reviewed for some time, and Swedish imports of quota items from Japan are in fact many times the established quota limits. It is unclear whether any restrictions exist at all on Japanese wool and man-made exports to `Sweden. SWITZERLAND Switzerland employs a "price certificate system" with respect to its textile imports, and in conjunction therewith requires import licenses for all textile imports at the fabric stage and beyond, regardless of origin. These licenses are granted automatically unless the country of origin is one of the Eastern European countries or Japan. For these countries, textile imports are not per- mitted entry if their landed prices are below domestic prices by the following margins: Percovt Garments and all other finished textile articles 20 Wool fabrics 12 There is no indication as to the degree of restraint which these limits have imposed. PAGENO="0170" 4610 UNITED KINGDOM The United Kingdom applies import restrictions to woolen and man-made textile products from Japan. These are embodied in the Anglo-Japanese Com- mercial Treaty of November, 1962, in which the Japanese undertook voluntarily to limit their exports of certain of these textile items. The agreement was renewed in 19(37 with a reduction in the number of items subject to quotas. The following table indicates wool and man-made quotas still remaining for the years 1966 and 1967: * Quotas Item 1966 Spun yarn of manmade fibers £25,000 £35,000. Woven manmade fiber fabrics, except for reexport. 4,200,000 sq. yds 5,000,000 sq. yds. Woven wool fabrics 600,000 sq. yds 800,000 sq. yds. Knitted fabrics and apparel (excluding gloves, of £700,000 £800,000. knitted, netted, or crocheted material of cotton), wool or manmade fibers (including stockings and socks). Outer garments (excluding gloves) and underwear £1 875,000 of which not more £2 100,000 of which not more of woven cotton or woven manmade fiber fabrics than £300 000 for cotton or than £333,000 for cotton. or of silk fabrics weighing more than 1.9 ox. per £350,000 br silk. sq. yd.; handkerchiefs shawls, scarves, and mufflers except those ob silk weighing not more than 1.9 oz. per sq. yd. or of linen. Knitted gloves, other than gloves knitted to shape, £160,000 £185,000. and gloves of textile materials. Lace and lace net and embroidery of all types £56,000 £64,000. Narrow fabrics of all types and articles made there- £84,000 £96,000. from. WEST GERMANY A. Import licenses are required for synthetic textile imports when these countries are on "List B". Although this list includes the United States and Canada as well as the major Asiatic exporters (with the exception of Hong Kong and Macao), the United States and Canada have been recently exempted from this requirement. Many, but not all woolens are subject to import licensing requirements. The restricted list includes some yarns and fabrics, and most articles of apparel. It is not known to what extent these requirements are used restrictively, but in some instances they have evidently been used as a basis for encouraging volun- tary export controls. B. Hong Kong has voluntarily agreed to limit its exports to West Germany of woolen sweaters to the following amounts: Dozen 1967 825,000 1968 875, 000 1969 925,000 In 1966, Germany's imports of this item amounted to about 40% of total domestic consumption; somewhat more than half of this was provided by Hong Kong. C. An agreement with Japan sets 1967 voluntary export limits to Germany on certain woolen items, namely fabrics, hand knit yarns, and other yarns. Negotiations with Japan for synthetic textile and apparel quota levels for 1967 have not yet been concluded. These negotiations have continued during the course of the agreement year, and the final figure agreed upon will reflect understandings as to market conditions, export potentials, etc., which have evolved during the continuing discussions between the two participants. D. Quotas, whose amounts have not been made public, are established for both woolen and synthetic exports of India and Pakistan. Neither country has fully used its quota. PAGENO="0171" 411 Exhibit 2 flU PONT EXPORTS TO THE EEC - 1967 Total Exoor~ts $ ~ X111.lPn 65. Portion Studied *~5~6 Millio~ 6o./ 55, )~5. Portion Unrelated to ito. Supplemental Agreement O1L Portion 35 Reltte4 to Supplemental Agreement 30, $28.9_Million 25. Tariff-connected Exoort Potential 20! Portion Having No $26.6 Million 15, Exhibit 3 Proaucts Having 10. Some Degree of 5 Export Potential ________ $2.3 Mil PAGENO="0172" 4612 EXPORTS TO EEC PRODUCTS WITHOUT TARIFF CONN~CTEfl EXPORT POTENTIAL - 1967 Exhibit 3 $26.6 Million Part A Inter- mediates $8.5 Million Part B Special Tariffs $3.1 Million Part C New F~ci1ity $5.4 Million Part D Competition Determines Price $6.4 Million Part E Special Qualities Million PART A INTERMEDIATES FOR CONSUMPTION Man-Mid~e Fiber Intermediates Polytetramethylefle Ether Glycol Organic Isocyanates Dimethyl Terephthalate Plastic Intermediates Acetal Resin Base Photo Product Intermediates Polyester Film Base PART B - PRODUCTS AFFORDED SPECIAL TARIFF TRtATMENT Flu~te lastomers Chlorosulfonated Polyethylene Urethane Rubber PART C - NEW EUROPEAN ~FACILIT7 Flui~tdárbon Resins Agricultural chemicals Fluorocarbon Refrigerants and Propellants PART D - LOCAL COMPETITION DETERMINES PRICES OrgAiiTc Soecialties Polyester Packaging Film Nylon Molding Powders Cellophane Packaging Filat Petroleum Additives Polyvinyl Butyral Interlayer Sodium Products Acrylic Molding Powders Ethylene/Vinyl Acetate Copolymers PART E - PRODUCTS HAVING SPECIAL QUALITIES Pho~iaphic Arts & Reproduction Films X-Ray Films Titanium Pigments Engineering Reproduction Films Elastomer Chemicals Finishes Exhibit 4 ECONOMIC ANALYSIS OF Du PONT EXPORTS TO THE UNITED KINGD0M-19437 In 1967 Pu Pont exports to the U.K. were $12.6 million. We found we could conveniently analyze the effect of U.K. tariff reductions for 94% or $11.8 million of these products by directing our analysis to a small number of principal product groups. Our analysis is shown in the form of a bar graph in Attachment 1 to this exhibit. U.K. tariffs for products accounting for $6.7 million are not affected by the Supplemental Agreement and thus its implementation could not enhance their export prospects. Attachment 2 lists these products. Export sales of the following products of which Pu Pont exported $4.7 million to the U.K. in 1967 will not be affected because their U.K. tariffs are reduced. Why this is so is explained below. PAGENO="0173" 413 1. ANTIKNOCK COMPOUNDS, $1.8 MILLION The U.K. market for antiknock is supplied by a single producer, owned by the consuming oil companies. We can sell into this market only during unusual shortage periods, one of which occurred in 1967. 2. AGRICULTURAL CHEMICALS, $1 MILLION Du Pont already has a facility in the U.K. for the production of certain agri- cultural chemicals necessitated by U. K. patent law which requires compulsory licensing of a patent if it is not worked within a certain period. Because of this, we must make patented agricultural chemicals in our U. K. facility. We expect our exports of such products to the U. K. to `cease. 3. FLUOROCARBON RESINS, $0.6 MILLION The one point duty concession on this resin from 10% to 9%, effective 1972, can hardly be expected to stimulate our export sales to the U. K. 4. PHOTOGRAPHIC PRODUCTS, $0.5 MILLION Du Pont x-ray and graphic arts `and engineering reproduction films compete in the U. K. market with similar U. K-produced products. We are a minor factor in the U. K. market. Any price reduction initiated by us would be promptly equaled by local competition, and would not succeed in expanding our sales. 5. MISCELLANEOUS, $0.8 MILLION This is a group of unrelated products, either unique in character or quality or saleable in the U. K. only during shortages there. U. K. duty reductions will have little, if any, effect on export volumes. There remains only about $0.4 million of exports to be dliscusised. These are comprised of a range of miscellaneous small volume chemicals such `as industrial intermediates, surfactants, chemicals for the rubber industry and photopolymer printing plates. Most of them are high priced specialties and will be dutiable at 23% under the Kennedy Round package and would be dutiable at 12% in 1972 under the supplemental package. It is `conceivable that our exports of these products to the U. K. could be tariff stimulated to some degree. The extent of such stimulation is probably quite limited because the specialized nature of these products is in itself a limitation on the size of their individual ularkets. The increase in export volume by reason of duty reduction on less than half a million dollars worth of business per year ean by no stretch of the imagination be considered as providing "very substantial export opportunities". There is one additional interesting facet relating to the Geneva Agreement insofar as the U.K. is concerned-in the area of plastic materials. Prior to the start of the intensive Kennedy Round negotiations, Du Pont filed with the Office of the Special Representative a number of briefs on plastics wherein it was indi- cated that if U.K. duty rates were lowered our exports might be increased and we urged the Special Representative to obtain such duty concessions. With the exception of the one percentage point concession for fluorocarbon resins, granted only under the terms of the Supplemental Agreement, no U.K. tariff concessions affecting Du Pont's plastics exports were Obtained by the Special Representative under the Supplemental Agreement or the Kennedy Round. Additionally, the effects of devaluation of the British pound have largely offset any benefits to our competitive position that could otherwise be attributable to duty reductions of the Supplemental Agreement. Our plastic products are listed together with their present and Kennedy Round duty rates in Attachment 3. PAGENO="0174" 3. 4614 DU ?ON~ EXPORTS TO UNITED KINGDOM - 1967 Exhibit 1~ Attachment 1 6. 5. 2. 1. PAGENO="0175" 4615 - Exhibit 4-Attachment 2 Du Pont United states eo,ports to United King&nn-1967-products unaffected by tli,e supplemental agreement Product Reason Manmade fibers: Nylon Ex agreement Polyester Do. Synthetic rubbers: Neoprene Do. Fluoroelastomers No concession. Chlorosulfonated polyethylene Do. Urethane Do. Plastic materials: Polyethylene resins Do. Filaments and strapping Do. Nylon resins Do. Polyvinyl butyral interlayer Do. Ethylene vinyl acetate copolyrners Do. Acrylic resins Do. Acetal resins Do. Industrial films: Polyester Do. Cellophane Do. Color materials: Dyes Do. Pigment colors Do. Coated fabrics Ex agreement. Grand total $6.7 million. Exhibit 4-Attachment 3 UNITED KINGDOM-PLASTICS, RESINS, AND FILMS FOR WHICH DU PONT SUBMITTED BRIEFS TO THE OSR ASKING FOR REDUCED DUTY RATES IN THE UNITED KINGDOM Product Present duty rate Kennedy ASP rate round rate Resins: Acetal Ethylene/vinyl acetate copolymers Fluorocarbon 10 10 10 10 10 10 Ethylenic ionomer Polyolefinic 10 10 10 10 10 9 10 Films and sheeting: Polyester 10 10 Polyimide Polyvinylfluoride Polyvinyl butyral Fluorocarbon films and tubing 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 The CHArRMAN. Dr. Dawson, we thank you for your statement and bringing to us your viewpoint. Are there are questions of Dr. Dawson? If not, we thank you, all of you. The CHAIRMAN. Mr. May, we agreed to give you 7 minutes. If. you will id~ntify yourself, we will be glad to recognize you. PAGENO="0176" .4~16 STATEMENT OP ERNEST M. MAY, OTTO B. MAY, INC. Mr. M~x. I am Ernest M. May, president of Otto B. May Inc., a small dye manufacturer in Newark, N.J. We have been a part of the Newark business community since 1920, when my father founded the company. We sell dyes to the entire textile industry, especially for washfast cottons and permanent press fabrics. For the past 5 years I have `been technical specialist to the Office of Special Representative for Trade Negotiations, representing the dye ind~ustry. In this role I have made exhaustive analyses and fur- nished our trade negotiators with volumes of material relative to our industry, and I might add including the labor intensiveness of this industry where approximately 50 percent of the sales dollar is human effort. I might also add that this human effort includes the very lowest unskilled labor, and materials handling, and shoveling, and so forth to the most sophisticated kind of chemical research so we exemplify the entire spectrum and are indeed a kind of a seed bed for new inven- tions since dye plants are capable of making in commercial quantities many of the new inventions that come out of benzenoid research laboratories. I warned our negotiators in Geneva of the serious adverse impact a 50-percent reduction in d~e tariffs would have upon our industry, and I dc~cumented this conclusion with many facts and many figures. Our negotiators, however, agreed to a 50-percent reduction in d~ye tariffs. But they did not stop there. They went further and consented to what has become known as the "separate package" agreement. In the interest of accuracy, it should be called the "separate-but-not-equal package" because it heavily favors foreign manufa'cturers at the expense of American manufacturers. It would lower the average tariffs on dyes by an additional 25 percent. The Kennedy round and separate package tariff cuts are a one-two punch with the potential to knock out our industry. I have calculated the effect which these tariff reductions will have upon my company and upon the dye industry. It can be described best with one word: "Devastating." These calculations, along the lines discussed by Mr. Barnard in his testimony, confirm the advice I had given to the Office of the Spe~iai Representative for Trade Negotiations while the negotiating sessions were actually in progress, both here and in Geneva. The same information was submitted to the Tariff Commission in confidence and in considerable detail in connection with their hearings on the probable economic impact of these actions. In 1964 my company had a pretax profit of approximately 9.6 per- cent on dye sales or about 4.8 percent after taxes. Assuming we produced and sold the same amount of dyes as we did in 1964, and h'ad to sell them at a price which a comparable for- eign product could be sold in the United States after the 50-percent Kennedy round reduction, our profit would turn to a loss of 1.2 percent. Under the separate package which your committee is now consider- ing, the situation would be even worse. Our loss would plunge to 5.8 percent on sales. PAGENO="0177" 4617 I must emphasize that these calculations are based upon export values which were derived from the Tariff Commission's converted rates. I have already received quotas from abroad for many of these products at export values that are, in fact, much lower than those derived from the Tariff Commission's converted rates. The actual quotes, as distinguished from theoretical prices demon- strate dramatically that the Tariff Commission's converted rates were too low. More importantly, it shows that the figures I have just cited understate the poteatial adverse impact which the Kennedy round and separate package `agreements will have upon our company. In short, we are faced with more red ink than even the most pessi- mistic among us could have foreseen, and these figure's do not reflect what the foreign dye cartel could do to my company and to our indus- try if it decides to take maximum advantage of tJie tariff reductions. Let me stress that the quotes which have come to my personal atten- tion are `below our cost of manufacture. It would be cheaper for us to buy these products from our foreign competitors and shut down our own manufacturing if the separate package were enacted. Enactment of the separate package would increase this pressure to intQlerable levels and aggravate an `already difficult situation. In Newark, as in other big cities, tremendous effort is being exerted to solve the problem of disproportionate unemployment among those who dwell in urban ghettos. Our firm is aware of this problem, and we are working with Fed- eral, State and local government `agencies toward a solution. We have initiated a comprehensive job training program for the hard-core disadvantaged that will give employment to individuals who desper- ately need work. I would like to point out that 107 of our 207 employees in Newark are black, and many of them, when hired, came to us from disad- vantaged backgrounds. The average pay of those with less than 2 years of service is $5,519, annually. Those who have `been employed 2 years or longer have average annual earnings that range from $7,149 to more than $10,000. Through on-the-job training, many of our minority group employees have risen to positions of responsibility, holding down positions as foremen and supervisors. The nature of work in a dyestuff company lends itself to the develop- ment of specialized skills among those who may have shown little previous aptitude for formal education. These job opportunities are threatened by the Kennedy round and separate package agreements, because our company cannot hope to compete with the lower priced products from abroad. There are 39,000 jobs in chemical plants in the Newark area and 100,000 such jobs in the' State of New Jersey. I respectfully urge you to keep this in mind in reaching your decision on the separate package. Thank you. The CHAIRMAN. Thank you very much, Mr. May, for your very fine statement. Are there any questions ~ 95-159 0-68-pt. 1O-12 PAGENO="0178" 4618 Thank you; sir. Mr. Gillis, if you will identify yourself for the committee we will be glad to recognize you. STATEMENT OP JOHN GILLIS, VICE PRESIDENT, AND MEMBER BOARD OP DIRECTORS, MONSA:NTO 00. Mr. GILLIS. My name is John L. Gillis. I am a vice president of Monsanto Co. and a member of its board of directors. I have responsi- bility for the worldwide sales of all Monsanto products. I appreciate the opportunity to comment upon the matters now being considered by your committee. Although it is not possible to provide you with great detail and data in this brief time, an appearance here was considered essential because the issues before you so: vitally, and in my judgment, uniquely affect my company. Monsanto is a highly diversified, internationally oriented chemical and manmade fibers manufacturers. A profile of the company shows that, 1967 sales totaled $1.6 billion. Twenty-two percent of these sales are made abroad as U.S. exports or by foreign subsidiaries. Total employees number 59,000, 45,000 of whom are located in 43 U.S. plants and the balance are situated in 15 foreign countries. We, at MTonsanto, are involved daily in worldwide competition. We understand the effects of trade policy in the major countries and we have responded repeatedly in the past to the requests of the Congress and the U.S. Government agencies for constructive comment on U.S. trade policy. The proposed Trade Expansion Act of 1968 and other measures you are considering would have a deep and lasting effect on Monsanto in the future. For all of these reasons it would seem that Monsanto's views may be of value to this committee. My statement will summarize briefly three recommendations covered in detail in a written statement provided yesterday to this committee by Monsanto. They are: 1. Retain the American selling price system of valuation by elimi- nating title lIT of H.R. 17551. 2. Enact legislation which would control imports of manmade fibers and their products. 3. Provide access to world-priced feedstocks for U.S. petrochemical manufacturers. With regard to American selling price, the valuable time of the committee will be conserved by not repeating the important points made in testimony by the Synthetic Organic Chemical Manufacturers' Association urging retention of ASP. Monsanto fully supports that statement. It seems necessary, however, to emphasize to the committee how elimination of ASP would affect a large henzenoid producer. A num- ber of our products would definitely he discontinued, others would stagnate. The sure result will be a lessening of our ability to provide new jobs and new products. In 1967, Monsanto's U.S. benzenoid sales of over $300 million were 19 percent of its total sales-much higher than the average of 8 percent for the entire industry. Eight thousand of our 45,000 employees in the United States are in the production of benzenoids. We produce per- PAGENO="0179" 4619 haps the broadest variety of benzenoids of any U.S. producer incluci- ing plastics, plasticizers, bulk medicinals, food chemicals, pesticides, synthetic detergents, and intermediates. For Monsanto benzenoid products, the effect of the 50 percent tariff cut which will ultimately result from the Kennedy round agreement will be serious. The tariff cuts made by other countries including only a 20 percent cut by the United Kingdom and the EEC countries, will not provide us with export opportunities comparable to those given up by the United States. This committee and the Congress has been * asked to approve a second and separate agreement which would elimi- nate ASP and which is also badly unbalanced and unreciprocal. Monsanto has measured as objectively as possible both the positive and negative effects on its operation if the separate agreement is ap- proved. For most of our benzenoids a tariff cut beyond 50 percent would occur if title IV of the Trade Expansion Act is enacted. From our knowledge of world pricing and present experience with benzenoid inWorts, we know that the volume of such imports will grow very rap- idly. The effect on Monsanto will be deterioration of a significant por- tion of our benzenoid operations. Imports have forced us to drop production of cyclarnates (sweeteners), H-acid (a dye intermediate) and caffeine which is also a complex chemical but not a benzenoid. Saccharin, another sweetener, is in serious difficulty with imports and will likely be dropped eventually. You will appreciate that, for com- petitive reasons, it is not practicable for me to be specific about all the products under import pressures now and those to be affected later. They are, however, products on which we rely for research and devel- opment dollars for products of the future. The beneficial effects of the additional 30 percent cut conceded by the United Kingdom and the EEC countries in return for elimination of ASP has been found to be minimal. There will be little or no new export opportunity created, although these will be some cost savings in U.S. exports to our United Kingdom and EEC subsidiaries. Approval of the separate package would thus produce results having a negative effect not only on Monsanto but on the U.S. balance of pay- ments. Cost burdens imposed upon us by national policies result in higher costs in `the United States than abroad. Raw materials are `higher priced. Cartel selling is legal abroad `but not in the United States. Incentives are common abroad including those for exporting. For these reasons, the committee is urged to eliminate, title IV of the Trade Expansion Act of 1968. Let me turn to our second recommendations: It involves manmade fibers which accounted in 1967 for approximately 27 percent of Mon- santo's total sales. Imports of competitive fibers and products made from them have caused us serious problems. Monsanto's fibers are nylon, acrylic, and polyester. Again, to conserve the time of the `committee, details of the problems of U.S. fiber producers will not be repeated here. Suffice it to say that we support fully the statement by the Manmade Fibers Association which proposes import controls on manmade fibers and products. Let me emphasize one point, however. The fibers part of Monsanto's business is more a part of the textile industry than of the chemical PAGENO="0180" 4620 industry. Production of fibers is highly lthor intensive and thus espe- cially vulnerable to imported manmade fibers and their products from low labor cost countries. As recently as last year, imports seriously af- fected prices. This will happen again as Kennedy round tariff cuts are made and world overcapacity again exists. We believe it essential, therefore, for this committee to include manmade fibers in its con- siderations pertaining to the import limitations on manmade fiber products. Monsanto's last recommendation concerns its need for competitively priced petrochemical feedstocks. As a large petrochemical producer, Monsanto's feedstock costs are approximately equivalent to those of our domestic competition. We are increasingly affected, however, by the fact that foreign competition `has petroleum at $1.25 per `barrel lower than that in the United States. Raw materials account for two- thirds of the cost of petrochemicals. It is clear that the great disparity between United States and foreign petrochemical feedstock prices has a serious effect on our competitive ability worldwide. There `is no hardship `for U.S. energy producers under present import controls since all sellers in the U.S. market operate with the same cost factors. We support the use of quotas for energy products in the in- terest of national security. It is not possible, however, for U.S. petro- chemical producers to compete abroad, and ultimately in the United States with lower tariffs resulting from the Kennedy round and with higher priced raw materials. New petrochemical investment already is flowing to areas where the low priced feedstocks are available. The resulting negative effect on the U.S. balance of payments is obvious We strongly urge that the Ways and Means Committee consider the seriousness of the feedstock problem. Access must be provided to world-priced feedstocks for U.S.-based petrochemical manufacturers. We believe that our request for freely available petrochemical raw materials and import affecting measures for more sophisticated prod- ucts such as benzenoids and manmade fibers is consistent and in accord with the international trade philosophy of the U.S. Congress. I assure you again of the importance to Monsanto of the measures you are considering. The opportunity to appear here is most appreci- ated, and I would be happy to answer any questions you may have. (Mr. Gillis' prepared statement follows:) STATEMENT OF JOHN GILLIS, Vien PRESIDENT, AND MEMBER, BOARD OF DIRECTORS, MONSANTO Co. Monsanto is a highly diversified, internationally oriented, chemical and man- made fibers manufacturer. It is the third largest chemical company in the U.S.A. and the fifth largest in the world. Its sales in 1967 were just over $1.6 billion and the value of its net assets and property, less accumulated depreciation and deple- tion was $1.86 billion. The numher of employees worldwide totals' 59,000 includ- ing 45,000 employed in the U.S. It has manufacturing interests in `fifteen foreign countries and forth-three plants in 22 states of the United States. The products manufactured and sold by Monsanto number over 1,000' chemical, fiber, plastic and petroleum products. Literally, Monsanto serves every industry. Monsanto has operated plants abroad since 1920. Approximately 22'% of its total sales are made abroad either by exports from, the U.S. or by foreign based subsidiaries. For many years, Monsanto' has been knowledgeable of worldwide competitive conditions, has studied the effects of U.S. and foreign trade policy on its activities and those of the. chemical industry and has, as the record indi- cates, responded repeatedly to the requests' of the Congress and the agencies PAGENO="0181" 4621 of the U.S. Government for constructive comment on U.S. trade policy and legislation, We believe that Monsanto's views, therefore, should be of some value to the Ways and Meansi Committee in its consideration of the major issues now under con~idaration. It is a fact that the proposed legislation, H.R. 17551, and the possible amendments to it will have a deep and lasting effect on Monsanto. This statement presents Monsanto's reasons why: (1) Title IV of HR. 17551, which would eliminate the American Selling Price system of valuation, should be deleted; (2) Man-made fibers, and products made from them, should be subject to the Long-Term Cotton Textile Arrangement now applicable to cotton products and (3) Access to world-priced feedstocks should be afforded U.S. petrochemi- cal manufacturers. AMERICAN SELLING PRICE (ASP) (HR. 17551) TITLE iv Monsanto subscribes fully to the statement by the Synthetic Organic Chemical Manufacturers' Association relating to this subject and hence many of the important points made in that testimony will not be repeated. However, there are a number of facts and considerations unique to Monsanto concerning the proposed elimination of the ASP system of valuation which we believe will be of interest to the Ways and Means Committee. Over $300 million of Monsanto's total sales volume of $1.6 billion in 1967 resulted from the sale of benzenoid products. Monsanto clearly has a much higher proportion of sales of benzenoid products (19%) than does the industry which averages about 8%. Further, Monsanto's benzenoid product mix covers perhaps the widest variety of benzenoid products manufactured by any U.S. producer. Included are plastics, plasticizers, bulk medicinals, food chemicals, pesticides, synthetic detergents and intermediates. Sales volume and/or sales price of most of these products would be adversely affected by changes in the ASP system by competitive products made abroad and shipped to the United States. Unique or patent protected products would not be affected but these are relatively few. Approximately 8,000 of our 45,000 employees in the U.S. are engaged in the manufacture of benzenoid products, including those benzenoids used internally to make other products, and their jobs would likewise be adversely affected. Although the Kennedy Round tariff cuts will cause Monsanto major difficulty due to greatly increased benzenoid imports, the additional effect of loss of ASP is substantial and measurable. ASP should be retained for at least two other compelling reasons: (1) The damage to the benzenoid industry would clearly be against the national interest and (2) the separate agreement on ASP negotiated in the Kennedy Round is not reciprocal. The negative effects of new imports made possible under the separate agreement will far outweigh the posi.tive effects of new exports which might result from the 30% tariff cuts conde.de by the U.K. and the Common Market. This statement will include consideration of both the positive and negative effects of the separate package on Monsanto. First, the negative effect of elimination of ASP as it relates to Monsanto: The conversion of rates by the Tariff Commission in 1966 was a sincere effort to afford protection equivalent to that now afforded by ASP. This effort fell short in a number of cases due to the complexity of the task and the lack of essential foreign prices. There is little to gain by a discussion of the conver- sion because Monsanto's benzenoid product rates were reduced in the Kennedy Round separate package to a ceiling equivalent to 20%. Without application of this ceiling, the converted rates, cut by one half, would be higher. The effect is, that for well over half of -our benzenoids, a greater than 50% tariff cut woulil result from the elimination of ASP. This is clearly beyond the spirit of the Trade Expansion Act of 1962 and is in violation of responsible treatment of a group of products already subjected by Kennedy Round tariff cutting to serious import competition. Monsanto has made a series of studies with respect to most of its 130 benze- noid products to deterinhie the effect of the Kennedy Round tariff cuts and the loss of ASP. Calculations made been made, on a product by product basis, to determine which foreign produced benzenoids can be shipped to the United State-s conipetitive to those made in the United States. Many of tbese products PAGENO="0182" 46~2 are not imported today because the existing tariff is a deterrent. The conclu- sion reached is that most benzenoids manufactured by Monsanto will be sub- jected increasingly to price depressing imports under the double effect of the Kennedy Round tariff cuts and the loss of ASP. As a result of the higher U.S. manufacturing costs and tariff cuts made in past GAPT trade agreements, Monsanto already has experienced serious diffi- culties with some of its more complex organic products, most of which are benzenoids. Several examples will serve to illustrate these difficulties. Monsanto was forced to discontinue production of caffeine due to imports. A relatively new plant making cyclamates, which are companion products to saccharin as synthetic sweeteners, was shut down. An operation in Massachusetts producing H-acid, a dye intermediate, has just been shut down due to import competition, resulting in a loss of 32 jobs. The price of other products has been dropped as a result of the first Kennedy Round tariff cut of January 1, 1968. An increasing number of products will be affected as each subsequent tariff cut takes effect. For competitive reasons, it would be inappropriate to detail the price cuts anticipated by Monsanto due to 4mport competition or to specify the products which we are likely to discontinue when they become unprofitable or when imports supply a dominant share of the total U.S. market. It has been said by those advocating tariff cuts and the elimination of ASP that the price attrition which leads to lower profits and even the discontinuance of manufacture is beneficial. This philosophy is often justified by incorrectly describing such problems as a healthy obsoleting of old products. To the con- tilary, the loss of American production of import-affected products is not a natural and beneficial result of a constantly changing worid. Although Mon- santo operates in an industry particularly noted for its innovation and adapta- bility to change, we are convinced that any such rationale must be challenged. The many products for which Monsanto has calculated serious price and profit deterioration and even plant shutdown are by no measure decadent prod- ucts. In nearly all cases, the sales volume of such products is growing at the same pace as for others in the chemical industry. These products should remain in the U.S. mix of products contributing profits to a benzenoid industry which must produce new products in the future. Without profits from established products, there will be a limited ca.pabilty of providing research and develop- ment money for innovation in the benzenoid area. One of the most illustrative examples of the need for Monsanto to continue manufacture of `benzenoids made cheaper abroad is in the category of its fine and food chemicals. The manufacture of certain of these chemicals has been discontinued; others are under serious price attrition, all as a result of an increasing flow of imports. What was just a few short years ago considered to be one of our most promising product groups for new product development has been subjected to serious import pressures which will undoubtedly hold down the scope of our future efforts for such products. Although the Kennedy Round tariff euts are not the primary subject of this hearing, they must be considered in analyzing the effec.t of loss of ASP. Much of the impact described above on Monsanto's benzenoids will result from the Kennedy Round tariff cuts alone, particularly from the last reduction stages. Our studies show that duty cuts due to the loss of AJS!P will be serious because they will occur in addition to the other cuts. Tariffs will already be so low that access to imports will be more certain. An example of this problem involves a well-known product, aspirin. Aspirin imported in 1967 would have been dutied at 17.2 cents per pound. In 1968, after the first Kennedy Round cut, the duty is 1.7 cents per pound lower, or 1:5.5 cents per pound. In 1971 after the Kennedy Round tariff cuts are completed. the duty will be 8.6 cents per pound. We expect imports to `become sufficiently significant to inhibit the growth of aspirin production in the U.S. If ASP is eliminated, there will be a further duty reduction of 2.7 cents per pound of aspirin and its impact will be certain because it is a reduction additional to that already affording imports a share of the U.S. market. While most benezenoids will experience lower duties if the separate agree- ment is ratified, some benzenoid products will a~tually have somewhat higher duties if ASP is eliminated. The effect of the limited number of cases where higher duties occur is minimaL To sum up the negative effect of HR. 17551, Monsanto is convinced that resulting imports would seriously undermine the economic health of its benze- PAGENO="0183" 4623 noid products. For a sIgnificant number of products, such imports would even- tually result in discontinuance of U.S. based manufacture. The economic reasons for the non-competitive position of U.S. benzenoids is too detailed to include here. Our petrochemical feedstocks are 40% higher than those abroad. Our labor costs, when combined with productivity usually result in a higher unit labor cost per pound of product. Cartel selling is legal for others but not for us. Export and other incentives are used abroad but not in the U.S. The positive side of the separate package has also been studied and found to be minimal. The United Kingdom and the Common Market would, on elimination of ASP, reduce chemical tariffs an additional 30% making tariff cuts by those countries equal to the 50% tariff cut by the United States in the Kennedy Round agree- ment. This is the only benefit to the UJS. chemical industry and we are convinced that new exports made possible under this additional tariff cut would be essen- tially negligible. Salesmen, in calculating the, sale of a U.S. export into these countries, must include all costs of delivering the product to the customer's door. Tariffs are one of these costs. Presumably, if the tariff is reduced and all other costs remain constant, the U.S. exporter is in a somewhat more favorable, competitive position. Calculations show, however, that few new export opportunities will be gained by the 30% tariff cuts. There would be a relatively greater gain in exports to the U.K. largely because of the border equalization tax situation in the Common Market countries. In five Common Market countries, border equalization taxes (applied to the duty pa4d value) will have moved from a 4% level to a 15% level estimated to occur by 1970. France will have reduced its rate from 25% to 15%. Germany and the Netherlands have moved to 10% (Germany will go to 11% in July 1968) and switched from a turnover cascade system to a value-added system. Our costs in exporting to these countries will have increased. Our netback on such sales will decrease more than that of a producer in the country of sale, thus making us less competitive. In addition is the effect of detaxation of exports which will aid the indirect tax countries in not only penetrating the U.S. markets but third markets as well. The net effect of increasing border taxes in Europe is to considerably offset the tariff cuts made in the Kennedy Round' and in the separate package if it is approved. From a realistic and commercial viewpoint, it can only be concluded that the 30% tariff cut by the U. K. and the Common Market countries will result in insignificant gains for Monsanto export sales. There would be relatively small savings on shipments to subsidiaries in the U. K. and the EEC. We are convinced, therefore, that the American Selling Price system must remain. The loss of ASP would create serious problems, not compensated for by the concessions to the U. S. in the separate package agreement. Careful study of. this complicated matter should convince the Ways and Means Committee of the necessity for the retention of ASP. MAN-MADE FIBERS Monsanto has a serious problem due' `to imports of man-made fibers and products manufactured therefrom under economic conditions advantageous over those of U.S. production. A major part of Monsanto's total sales, (26.9% in 1967), consisted of man-made fibers. This proportion has remained relatively stable since 1962. This is the single largest product category of the eleven categories into which Monsanto divides its sales. The man-made fibers produced by Monsanto include nylon, acrylic and polyester fibers. This statement is in support of a statement to the Ways and Means Com- mittee by the Man-Made Fiber Producers Association which discussed U.S. import controls on man-made fibers and products. The controls proposed would be an extension of those which presently limit imports of cotton products into the United States. This agreement by the U.S. with thirty other nations is re- ferred to as the Long Term Cotton Textile Arrangement. The operation by Mon- santo of a number of fiber plants abroad, in addition to those in the United States, gives us an understanding, we believe, of world fiber economics that supports the recommendation for import controls. Since this statement is in support of that by the Man-Made Fiber Producers Association, the extensive documentation and views presented on behalf `of the man-made fiber industry by the Association will not be repeated. It is essen- PAGENO="0184" 4624 tial to emphasize, however, that Monsanto plants which produce man-made fibers are more a part of the textile industry than of the chemical industry. The production of fibers is a highly labor intensive process. Production of chemicals to make fibers is a relatively labor-free task which, for Monsanto, involves in the U.S. less than 1,000 people. In contrast, approximately 12,000 Monsanto employees are involved in spinning and handling the staple and filament which are the raw materials for the textile industry. Thus, the major part of the production of man-made fibers involves the same high labor content problem which has already~been described for benzenoid chemicals. For such products `the great difference in U.S. and foreign wage rates are not offset by higher productivity in the U.S., for it is a fact that foreign plants are as modern and technologically new as those in the United States. Imports of man-made fibers, in one form or another, currently account for almost 10% of U.S. consumption. With lower Kennedy Round tariffs, fiber imports in the form of textiles, apparel and fibers will take an increasing share of the fast growing U.S. market. Prices which firmed early in 1968 will again be depressed by these imports and the U.S. will be deprived ulti- mately of plants and jobs that should accrue to this' country in the de- velopment of a relatively new and fast growing sector of the economy. The result of uncontrolled imports of man-made fibers in any form will lead to a predictable situation. The growth of a new and vital ` industry and the creation of new jobs, especially for the unskilled worker, will be stifled. Research and development funds which are necessary seed money for new products will not be available in adequate quantity. It is essential and we respectfully urge, therefore, that the House Ways and Means Committee propose enactment of legislation providing for a means to reasonably limit the importation of man-made fibers and their products. PETROCHEMICAL FEEDSTOOKS Still another problem of ever-increasing importance to Monsanto occurs in the area of hydrocarbon feedstocks for the manufacture of primary petro- chemicals. As the name implies, primary petrochemicals are first-step chemical derivatives of virgin petroleum raw materials. These materials are the basic chemical building blocks in the manufacture of chemicals, plastics and fibers by Monsanto and are the precursors of a major quantity of exports made by Monsanto in recent years. Monsanto manufactures basic petrochemicals at two plants located in Tex- as utilizing as virgin petroleum feedstock a light crude oil of a type common- ly called field condensate. In excess of 40,000 barrels per day of this con- densate is purchased from Texas and Louisiana oil fields. Monsanto' manu- factures petrochemicals from oil by a process called "thermal cracking". At high temperatures the big oil molecules are literally cracked or fractured into smaller fragments, and these fragments are recovered and purified. From this cracking operation, approximately 20 primary petrochemicals are derived. To Monsanto, the most important of, these petrochemicals are ethylene, propylene, butylenes, butadiene, benzene, xylenes and naphthalene. A complicated sequence of manufacturing operations is required to convert these primary petrochemicals into consumer products. As a simple example, pri- mary petrochemicals may be reacted to monomers, then monomers to polymers, and polymers into fibers or into plastic sheets. Finally, fibers are woven into sweaters, or plastic sheets are formed into auto seat coverings, or other such consumer products. Most of us wear fabrics having their origin in petroleum raw materials; our autos have plastic seat covers, plastic interlayer safety glass windows and a plastic finish. In the first processing step-the cracking of field condensate to the primary petrochemicals-the cost of feedstock, or `raw material, is of major importance, comprising about two-thirds of total costs. To illustrate-if 3~ is the cost of a pound of a given primary petrochemical- (and actually a number of these pri- mary petrochemicals sell for less than 3~ per pound) the feedstock contribution to èost is 2ç~ of the 30 total. Thus, raw material cost is the most important factor in the economics of making primary petrochemicals. It is vital that the price of feedstock to Monsanto not exceed the price of feedstock available to its competition. Monsanto's feedstock prices are approximately equivalent to those of our domestic competition. However, Monsanto is seriously disadvantaged when PAGENO="0185" 4625 compared with its foreign competition, since feedstocks abroad are only two- thirds as expensive as those in the U.S. This difference in domestic and foreign feedstock costs can be directly traced to an oil import quota system introduced in 1959 to protect U.S. oil production for reasons of national security. Under this system, only about 15 per cent of the U.S. demand for petroleum products may be supplied by foreign sources. The balance must come from domestic oil wells. While this import restriction does protect the U.S. oil production industry and encourage it to stay active, a key result is that domestic crude oil and derivatives are made substantially more expensive. Presently, and for some years now, this cost difference has been about $1.25 per barrel, or 30 per gallon. With such a burden, there can be but one result. The domestic petrochemical manufacturer must lose out to foreign- based competitors, first in established world industrial centers, next in the vast developing areas and ultimately in the United States. The forced usage of domestic oils does not work a particular hardship in U.S. energy markets. Energy products such as gasolines and heating oils, while more costly due to the use of domestic crude, are sold only in U.S. markets protected by this same quota system. Monsanto supports the use of import quotas for energy products, believing it to be in the interest of national security, but Mon- santo maintains that there exists an adverse effect on the domestic petrochemical industry from the continued application of this quota system to the petrochemi cal feedstock area. Returning to the earlier example of a 30 petrochemical made with 20 of raw material of domestic origin, the 20 raw material cost would be reduced to just 1.30. if feedstocks were obtainable at costs prevailing in the EEC or E.FTtA areas. This is a difference of 0.70 per pound for a 30 material. It is a difference which cannot be tolerated in the freely competitive world toward which we are moving under the Kennedy Round agreements. Instead, only those manufactur- ing locations Which make these primary petrochemicals at the lowest prices will be able to grow and prosper-those unable to achieve the 0.70 per pound savings will wither and die. We do not have a choice of whether these primary petro- chemicals will be made with the cheaper, world-priced feedstocks-it is a cer- tainty that they will. The only choices are whether this manufacture is to be in the United States, or abroad; whether with U.S. labor, or foreign labor; whether petrochemicals will provide a surplus or a deficit to the U.S. trade balance. The Ways and Means Committee is strongly urged to consider the need of domestic petrochemical éompanies for feeclstocks at prices competitive to the prices paid by their foreign counterparts for such material. The domesth~ petro- chemical industry must achieve this parity to survive. This can be accomplished only through revision of the present mandatory oil import program to provide access to world-priced feedstocks for chemical manufacture. This has already been done in special actions enabling construction of a world-competitive petro- chemical industry in Puerto Rico. There is no inconsistency in Monsanto's position in favoring U.S. import limi- tations on textiles and opposing limits on petroleum feedstocks. In petrochemical manufacturing, raw materials as already noted are the dominant cost factors-about 67% of total costs. Thus, while the cheap labor rates of foreign competition are not a factor in primary petroch:emical produc- tion, Mon's~anto cannot compete with these same manufacturers without com- petitively priced feedstocks. In contrast, raw materials are a minor factor in the cost of manufacturing fabrics-totaling only 5 to 10%. Labor costs are the dominant element, fre- quently comprising 40% or more of costs. Import quotas on textile products, therefore, are needed to preserve high wages and employment in the U.S. economy. These labor rates can no longer be offset by other factors. The philosophy of making basic raw materials freely available for the manu- facture of low-labor cost materials, such as petrochemicals, while protecting high-labor content products such as textiles and benzenoid chemicals is well recognized by economists. It is most useful to nations with balance of payments problems. And it will preserve healthy and vigorous chemical and textile in- dustries in the United States. To summarize, Monsanto recommends the retention of American Selling Price by deleting Title IV of HR. 17551, limitations of imports of man-made fibers and their products and access to world-priced feedstocks for petrochemical manu- facture. PAGENO="0186" 46i26 The CHAIRMAN. Mr. Franko. Without objection Mr. Franko's statement, if he is not here, will be made a part of the record. (The following statement of Joseph J. Franko was received for the record:) STATEMENT OF JOSEPH J. FRANKO, TREASURER, B. L. LEMKE & Co., INC. Mr. Chairman, members of the committee, ladies and gentlemen, my name is Joseph J. Franko; I am Treasurer of B. L. Lemke & Co., Inc., of Lodi, New Jersey. Our Company manufactures fine and medicinal chemicals as well as organic in- termediates. Most of these are considered essential to the nation's health, defense and space programs. We are typical small business, with sales of about $2.25 million and 65-70 employees. THE PROBLEM OF PRICE EROSION We realize that competition is good for business and good for the consumer, but when imports reach about 50% of U.S. production and when we have to lower our selling price again and again to hold on to whatever share of the domestic market we have, this is neither fair nor sound competition. I am sure I don't have to elaborate on the rapidly rising costs of doing business. When costs go up, the established procedure is to raise prices. Even those newspaper and magazine publishers, who are ardent supporters of a free-trade policy, realize that they cannot stay in business without offsetting increased costs with higher charges: over the past 4-5 years most publishers have increased their advertising rates 30-35%. The Government too, has found it necessary to raise charges; postal rates have gone up and so has the cost of books put out by the United States Printing Office- in some cases by as much as 100%. The question I am now raising is why we, in the benzenoid chemical business, are not allowed to make a reasonable return on our investment. For a number of years we have been spending 20% of our net worth for new equipment to in- crease plant productivity but it is a hopeless struggle when squeezed at both ends, that is by rising costs on one hand and declining selling prices on the other. RAPID INOREASE IN IMPORTS To show you what is actually happening to our business let me cite you a spe- cific example: In 1952 there were six domestic manufacturers of Procaine Hydro- chloride. This is our most important product and one that has been classified as essential by the Defense Department. This number of producers dwindled to three in 1960 and now in 1968, we are the only domestic producer left. Imports were 5 pounds in 1958, 122,130 pounds in 1963, and 478,000 pounds in 1066. This is more than 50% of U.S. Production. Of considerable interest is the fact that this rapid and extraordinary increase in imports took place long before the Kennedy Round tariff reductions went into effect. (The first 10% installment became effective in 1968.) There are four more reductions to come and now the Government is considering the elimination of the American Selling Price System. This, frankly, would put us out of business. NATIONAL SECURITY IMPAIRED Free-traders hold the view that if American producers are not competitive in a certain field, we should leave the manufacture of whatever products are involved to foreign producers. How the dependency on foreign sources of supply would affect our national security, is best described by George W. Ball, the honorable and distinguished Undersecretary of State, now Ambassador to the United Na- tions. Let me quote from his recently published book-"Phe Discipline of Power.": "Now it should be perfectly evident that to press the Soviet Union toward autarky makes no sense from the point of view of the West; instead we should encourage Moscow to become dependent on us for certain necessary products. That is the way one breaks down barriers; advantages would accrue to both sides in a better utilization of resources, and from the mili- tary point of view the Soviet Union would be less able to wage a protracted PAGENO="0187" 4627 war if it had to depend on sources of supply on this side of the Iron Curtain." I am inclined to think that most of you would agree with me that, if it is bad for Iron Curtain countries to depend on foreign sources of supply in case of war, it is also bad for this country. IMPORTS GENERATE UNEMPLOYMENT Because of our batch operations, chemical producers like ourselves, absorb a relatively high amount of labor. We employ people of all walks of life including Negroes, Puerto Ricans, and refugees from Hungary and Poland. Some of, these people have migrated here, because of the opportunities existing in this country, not aware that these same opportunities are now being exported on an increas- ingly large scale to competitor nations. In the New Jersey, Bergen and Passaic Counties alone, there are in excess of 22,000 people on the Unemployment Roll. Twenty-six weeks of Unemployment Compensation amounts to about $35 million and it costs the state another 11/2_2 million in administrative expenses to expend these funds. This is just for the two counties. Somebody may ask what is 65 or 70 more unemployed people. However, when you multiply this by hundreds of other small companies and add all the people who will be prevented, directly or indirectly, from being able to supply these companies with raw materials, services and equipment, you will realize that a seemingly small thing becomes quite staggering. THE NERD FOR A MORE EFFECTIVE ANTI-DUMPING LAW We believe that benzenoid cheniicals are essential to the American economy and the welfare of its people and, if we consider this to be true, then in my opinion, it is the Government's duty to sufficiently protect this industry so it can stay healthy and make progress. Keeping the American Selling Price on our tariff hooks is therefore of the utmost importance. But as I have explained, even with the American Selling Price and before any tariffs were reduced, benzenoid chemical producers have been confronted with a painful price erosion problem, as well as the problem of the rapidly increasing volume of imports. You may wonder then why we haven't asked for relief under the anti-dumping law. The fact is that we have done so-but before the Government will act on a complaint, we must bring proof that the foreign export price is lower than the foreign home market price. This we have been unable to do. The point I wish to make is that foreign producers can circumvent this par- ticular provision of the anti-dumping law with impunity or with a relatively small sacrifice if their own consumption is only a small portion of their total export business. For example, a benzenoid chemical producer in a European country with a population of only 5-6 million people may have the capacity of producing a mil- lion pounds of a certain product. The home consumption may only be 50,000 pounds while the remaining 950,000 pounds of his production are sold abroad. So in order to avoid any dumping suspicion, all the foreign producer has to do is to bring his home market price in line with hin~export price. This could, in some instances, work to further the foreign manufacturer's advantage if, as in the case of Germany, their competitive position is enhanced by a 10% additional rebate on exports to the United States and to third countries. My Company feels that there should be a finding of injury if the import of a benzenoid chemical exceeds 20% of the U.S. production and if the price at which the import chemical is sold in the United States is below the level at which the United States producers can make a reasonable return. SUMMARY It has become painfully clear by now that tariff reductions by themselves do not increase exports. Their immediate and direct effect is to increase impOrts, reduce our balance of payments, increase unemployment and intensify the unhealthy price erosion problem with which our industry has been faced for years. If the Government eliminates the American Selling Price, there is nothing to stop foreign producers from taking over the entire United States benzenoid chemical market. I am sure that none of you gentlemen would like to see this happen. PAGENO="0188" 4628 We have, therefore, come to this Committee to protest against the passage of any "separate package" agreement by the Congress. I am hopeful that this Committee will also realize the need for a revision of our Anti-Dumping Law so that critical industries are more fully and justly pro- tected against cheap imports. The CHAIRMAN. Mr. Meltzer. Mr. Meltzer, please identify yourself for our record by giving us your name, address, and capacity in which you appear. STATEMENT OF YALE MELTZER, MANAGER, COMMERCIAL DEVEL- OPMENT A~D MARKET RESEARCH, PATENTS AND TRADEMARKS, H. KOH~STAMM & CO., fl~C. Mr. MELTZER. Mr. Chairman and members of the committee, I am Yale L. Meltzer, manager of commercial development, market re- search, patents and trademarks for H. K. Kohnstamm & Co., Inc. of 161 Avenue of the Americas, New York City. The CHAIRMAN. Mr. Meltzer, I believe we agreed to recognize you for 5 minutes and we are glad to have you with us and you are recog- nized, sir. If you have to omit any part of your statement do so with the knowledge that the entire statement and the material appended to it will be a part of the record. Mr. MELTZER. Thank you. My company, H. Kohnstamm & Co., is a domestic producer of benzenoid chemicals and products and I am ap- pearing on its behalf. H. Kohnstamm & Co., is one of the oldest producers of benzenoid chemicals and products in the United States. It has been owned and managed by the same family for four generations. It is a New York corporation and has been in business since 1851. It has approximately 500 employees and would be classified as a "small business" mainly upon its continued manufacture of benzenoid chemicals. Some of the benzenoid chemicals which H. Kohnstamm & Co., manu- factures and sells are dyes, organic pigments, and benzenoid inter- mediates. The history of H. Kohnstamm & Co. from 1851 to the present is a preliminary example of the American free enterprise system in action. The company is now in its second century and is, to the best of any knowledge, the oldest privately owned chemical company in the United States. The ASP system gives us the prot.ection which we need in order to compete with foreign producers who have lower labor costs. In addition, many of the foreign producers have cartel arrange- ments, export. rebates, and many other arrangements which put us at a great disadvantage and which necessitates the ASP system. I would also like to point out that foreign producers, particularly in Japan and Western Europe, have newer plants and equip- inent than we to manufacture the same products, because their original plants and equipment were destroyed during the Second World War, while we have to continue to use our older plants and equipment. It would be disastrous for my company if ASP is repealed. I doubt whether it could survive such action by Congress. I believe, however, that repeal of ASP would also be disastrous for the entire U.S. economy. The U.S. trade balance has been shrinking PAGENO="0189" 4629 steadily, falling from $4.6 billion in 1966 to $4.1 billion in 1967, and the month of May has shown a trade deficit for the second time this year. Repeal of ASP would further deteriorate the IJ.S. trade balance which the U.S. economy cannot afford. It is estimated that the Kennedy round concessions on benzenoid alone will cost the U.S. balance of payments one-half billion dollars over the 8-year period to 1975. President Johnson in his message to Congress of May 28, 1968, said: "A successful trade policy must be built upon reciprocity." His trade bill, however, does not offer reciprocity. He is asking Congress to repeal the ASP nontariff barrier while other countries are erecting higher and more sophisticated nontariff barriers to trade. While small companies such as mine have almost been bled to death by the unreciprocal Kennedy round agreement in benzenoids, Presi- dent Johnson is asking Congress to repeal ASP, which I am convinced will deliver the final blow to th& business of my company and many other chemical companies of similar size. In addition to the threats to the survival of my company posed by the Kennedy round tariff cuts, we have to contend with the rising growth of foreign cartels in benzenoid chemicals which are often not only permitted by foreign governments but these cartels are actually given active aid and support by those governments. The latest figures available for the concentration of dye production for the main dye producing countries are shown in table 1 on page 12 of my written statement which has already been submitted to the corrnnittee. This table clearly shows that there is much more concentration of production among the major foreign producers than there is among U.S. producers. The production of these foreign producers is much more rationalized or cartelized than in the United States. I would also like to point out that a report by the U.S. Tariff Com- mission states that- Foreign dye producers supply (through imports or production in their U.S. plants) about one-third of the U.S. dye market (in terms of value) We at H. Kohnstamm & Co. wish to make the following recom- mendations: 1. Maintain the American selling price system as a method of customs valuation for benzenoid chemicals. 2. Propose that a panel of Government officials, business leaders, and labor leaders investigate in detail the effect which repeal of the ASP would have on U.S. trade balance, the overall U.S. balance-of-payments position, the U.S. gold drain, and the present dollar crisis. 3. Request that a conference of GATT member nations, preferably under the auspices of GATT, convene as soon as possible to negotiate on all nontariff barriers to trade in detail. This should include border taxes, secret buying by foreign govern- ments, export rebates, import quotas, TVA, and other national taxa- tion systems, cartels, and the many other nontariff barriers to trade. 4. Investigate methods by which the executive branch of Govern- ment can aid and encourage the formation of Wehb-Pomerene asso- ciations, particularly by small companies, so that they may adequately compete with cartels in the export market. PAGENO="0190" 4630 5. Establish at least a 5-percent U.S. border tax and a 5-percent U.S. export relbate. In conclusion, I wish to point out that what we are faced with in dealing with this proposed legislation is not a choice between either protectionism or free trade, as many argue. We are faced with a choice of whether we are going to establish a realistic program which will expand trade and encourage economic competition or whether we are going to permit the old order of international chemical cartels and monopolies which operated before the Second World War to be rees- tablished. If the ASP system is eliminated foreign cartels will be able to undersell U.S. companies in many benzenoid chemicals, eliminate the competition of U.S. companies and, as a result, curtail U.S. advances in technology vital for the national defense. Once U.S. competition is eliminated the cartels would be free to set high prices and the U.S. consumer will be the loser. The questions which get at the crux of the whole ASP issue with regard to benzenoid chemicals are: (1) What makes the benzenoid chemicals so special? (2) Why is elimination of ASP such an emotionally charged issue for European and Japanese chemical producers? The answers are: (1) Benzenoid chemicals are special because they provide the broad technological base from which many of the most important chemical developments can be expected. (2) Why is elimination of ASP such an emotionally charged issue issue for the Europeans and Japanese because they see in it an oppor- tunity for their rising cartels to control future chemical markets. Finally, I wish to emphasize that for the sake of reciprocity we at H. Kohnstamm & co. respectfully request that the United States es~ tabli~h a 5-percent border tax and a 5-percent export rebate. Mr. Chairman and members of the committee, thank you very much for your attention. (Mr. Meltzer's prepared statement follows:) STATEMENT OF YALE L. MELTZER, MANAGER, COMMERCIAL DEVELOPMENT, MARKET RESEARCh, PATENTS AND TRADEMARKS, H. KOHNSTAMM & Co., INC. Mr. Chairman and members of the Committee, I am Yale L. Meitzer, Manager of Commercial Development, Market Research, Patents and Trademarks for H. Kohnstamm & Company, Inc. of New York, New York. My company is a do- mestic producer of benzenoid chemicals and products and I am appearing on its behalf. Before proceeding with my statement, I want to take this opportunity to thank you, Mr.- Chairman, and the other members of the Committee for these public hearings on tariff and trade proposals. DESCRIPTION OF H. KOHNSTAMM & CO., INC. H. Kohnstamm & Company is one of the oldest producers of benzenoid chem- icals and products in the United States. It has been owned and managed by the same family for four generations. It is a New York corporation and has been in business since 1851. It has approximately 500 employees and would be classified as a "small business." The ability of H. Kohnstamm & Company to stay in busi- ness depends to a large extent upon its continued manufacture of benzenoid chemicals and products. Some of the benzenoid chemicals and products which H. Kohnstamm & Company manufactures and sells are dyes, organic pigments PAGENO="0191" 4631 amj organic intermediates. These products are of particular importance to the business of H. Kohnstamm & Company. The definition used for benzenoid chem- icals and products is that to be found in Part 1, Schedule 4 of the Tariff Sched- ules of the United States Annotated (1968). We have plants involved with benzenoid manufacture and compounding at the following locations: Brooklyn, New York Camden, New Jersey Clearing, Illinois Elizabeth, New Jersey Kearny, New Jersey THE IMPORTANCE OF THE AMERICAN SELLING PRICE SYSTEM TO THE BUSINESS OF H. KOHNSTAMM & CO., INC. The continued employment of the approximately 500 employees of H. Kohn- stamm & Company is dependent to a large extent upon the United States main- taining the American selling price (ASP) system as a method of customs valuation. H. Kohnstamm & Company, in addition to manufacturing benzenoid chemicals and selling them domestically, does a profitable export business with these products. The history of H. Kohnstamm & Company, from 1851 to the present is, in fact, a prime example of the American free enterprise system in action. The com- pany IS now in its second century and is, to the best of my knowledge, the oldest privately-owned chemical company in the United States. The ASP system gives us the protection which we need in order to compete with foreign producers who have lower labor costs. In addition, many of the foreign producers have cartel-arrangements, tax rebates for exports and many other arrangements which put us at a great disadvantage and which necessitates the ASP system. I would also like to point out that foreign producers, particularly in Japan and Western Europe, have newer plants and equipment than we to manufacture the same products, because their original plants and equipment were destroyed during the Second World War, while we have to continue to use our older plants and equipment. The ASP system is absolutely essential for us to continue to compete with foreign producers in benzenoid chemicals and products. H. Kohnstanim & Company is a small company. It should be noted, in fact, that even with the ASP system, low-priced foreign benzenoid chemicals and products have been making increasing in-roads into U.S. markets. Since 1960, benzemoid imports have mare than doubled and they are growing at an ever-increasing rete. I would like to call the attention of the Committee to a statement by Mr. Ernest M. May before the Tariff Commission and Trade Information Committee: "A study made by the SOCMA accountants, Haskin & Sells, from confi- dential information supplied by dye producers indicates that the human effort portion in dye manufacture mill cost is approximately 50%. That means for one dollar worth of product fifty cents has been spent in human effort. Human effort not only includes the fellow with the shovel, but all the way up to the fellow with the test-tube in the research and control laboratories. We know this cost in Europe is about one-third the United States cost or about 17 cents. Therefore, if an average U.S. dye costs one dollar at the mill, the average European dye made under the same condi- tions cost 67 cents assuming raw material costs and incremental costs are equivalent. In addition, we know that by concentration and assignment of large volume production to most efficient units, an additional saving up to 25% can be achieved.1 I would further like to call to the attention of the Committee the fact that there would be great difficulty in administering the export value system which has been proposed to replace the ASP system for benzenoid chemicals and products. In 1951, Mr. W. H. Johnson, then Commissioner of Customs, pointed out in teslimony before the House Ways and Means Oommititee that the ASP 1 Ernest M. May. Memorandum before the Tariff Commission and Trade Information Committee in the Matter of Proposed Trade Agreement Negotiations under the Trade Expan- sion Act of 1962 (January 29, 1964), page 16. PAGENO="0192" 4632 system of valuation is easy to administer because all information is readily available to U.S. customs appraisers from domestic sources. In view of incre- mental costs, dumping and the complex structure of the benzenoid products, the ASP system of valuation should be maintained because elimination of ASP valuation would open up our Customs classification and method of appraisal to the danger of abuse by foreign producers. THE DANGER TO THE NATIONAL DEFENSE OF THE UNITED STATES IF THE AMERICAN SELLING PRICE VALUATION WERE TO BE ELIMINATED `The U.S. benzen'oid chemical industry is absolutely essential to the national defense of the country. The United `States `Tariff Commission `has realized this. In its study of the Second World War, it in fact pointed out in a report concern- ing dyes: "Maintenance of a dye industry has generally been considered essential to military strength, not so much because of the wartime requirements for dyes as because of the relation between technical progress in the manufacture of dyes and techn'ical `progress in the production of numerous other commodi- ties essential to war." 2 Benzenoid chemicals are used in military explosives, flame throwers and `tear gas. A benz'enoid chemical is used as the Hydrogen Bomb detonator on inter- continental ballistic `missiles (ICBMs). The benzenoid dyes, toners and lakes are essential for camouflage in time of war. Benzenoid fibers, films, plastics and resins find many military uses. One ,benzenoid fiber, for example, is used in air- craft carrier deck crew suits, aviator suits and parachutes. Benzenoid chemicals are also of great military value as well as non-military value, as insecticides, herthicides and pharmaceuticals (e.g., `aspirin and the sulfa drugs) .~ H. Kohnstamm & Company itself has helped a great deal in the national de- fense of the country. It has manufactured dyes which have been used as camou- flage on the skin of soldiers, henzenoid products which h'ave been used by the `U.S. Armed Forces for camouflage of military vehicles and equipment, dyes for food used by the U.S. Armed Forces, benzenoid products which have been used in pharmaceuticals, benzenoid products for colored smokes and benzenoid prod- ucts for many other applications. `The `United States benzenoid chemical industry works very closely with U.S. military authorities, who look to the industry for expert knowledge. This knowl- edge involves both classified and noncl'assi'fied areas. The elimination of the ASP system will result in foreign benzenoid prod'u'cers taking over many areas of the benzenoid market. This would lead to a reduction in `the amount `of "know-how" available to U.S. military authorities and would put the United States in the precarious position of looking to `foreign producers `for the necessary "know- how". These foreign producers would have to meet our rigid security require- ments. THE DANGER OF FOREIGN CARTELS MOVING INTO UNITED STATES CHEMICAL MARKETS In my `statement to the U.S. Tariff Commission on `September 9, 1966, I men- tioned numerous non-tariff barriers to trade.4 I wish to concentrate, however, at this time, on one p~'trticular type of non~tariff barrier which' is especially rein vant to the U.~S. `benzenoid chemical industry: the growth of foreign cartels. If we eliminate' the ASP system, without `first attacking `the problem of the monstrous growth of foreign cartels, we will be subjecting the U.S. benzenoi'd chemical industry and, indeed, the entire U.S. `chemical industry to very grave dangers. `The `ASP `system was originally `incorporated into the Tariff Act of 1922 to prevent foreign cartels from regaining the control over U.S. l~enzenoi'd chemi- cal ma'rkets which they had exercised before the First World War. It would indeed be highly dangerous and `unfortunate `for t'h'e entire U.S. economy if we should now eliminate the ASP system and make it possible `for foreign cartels to 2 United States Tariff Commission, War Changes in Industry ~5eries of 1946 (Report 19). 2 Ernest M. May, Loc. cit., pp. 22-24 and Marshall Stubbs, Major General (U.S. Army, Retired), Consultant to The Synthetic Organic Chemical Manufacturers Association', Im- portance of f~? Benzenoid Segment of the Chemical Industry `to the United States Defense Activities (Se~tember 13, 1966). Yale Leon Meltzer, U.t~. Tariff Commission Investigation, Pursuant to Section 332 of the Tariff Act of 1930, with Respect to Probable Economic Impact of Concessions on Cer- tain Products now subject to Duty on the American Selling Price Basis of Valuation, Investi- gation No. 332-49 (September 9, 1966). PAGENO="0193" 4633 gain control over many U.S. chemical markets which are essential for the national defense and prosperity of the country. Representative Thomas B. Curtis has done well in pointing out the following. in the Congressional Record (July 10, 1967) "One American virtue and European fault, is the problem of government buying. Here American practice, though now somewhat inconsistent as among government agencies, is completely in the open, conducted in accord- ance with published administrative regulations and open bidding. In many European countries and Japan, however, government buying is done secre- tively, with little opportunity for bidding that would include foreigners, and without publicly known ground rules. "The `border. tax' and the `export rebate' are not simply isolated prac- tices to be removed by the stroke of a pen: they are integral parts of na- tional taxation systems. It must therefore follow that `doing something' about the border tax is a very big and very difficult undertaking and the `doing something' will require perhaps change in European taxation systems, the GATT and perhaps some change in our own practices in the United States." I should like to point out to the Committee that we are dealing with broad national taxation systems, but even more than that we are dealing, in the case of West European countries and Japan, with a deeply engrained tradition of companies which operate through cartels and use every conceivable means pos- sible to further their cartel activity. This includes secret government buying, border taxes, export rebates and numerous other non-tariff barriers to trade. (A) DEFINITION OF A CARTEL A cartel is an agreement to restrict competition in business. The agreement may be national or international in scope, written or unwritten, formal or in- formal and may be the result of the decisions of private businessmen, corporate committees, government agencies or other associations. In a cartel, the member- firms preserve their independent existence as legal entities. Cartels stifle foreign trade and can economically strangle those business firms which refuse to join a cartel. (B) TECHNIQUES EMPLOYED BY CARTELS (1) Price-fiwing: This technique is employed especially by export cartels. (2) Territorial market-allocation: This is the most popular technique em- ployed by international cartels. Where national cartels are involved each cartel is usually assigned its domestic market as its exclusive domain. (3) Allocation of production and investment: This technique is employed by both national and international cartels. Allocation can take place either directly or indirectly. "Gentlemen's agreements" illustrate one form of this technique. (4) Patents: Use of patents as a technique for cartels has been particularly popular in Western Europe. World markets are often allocated by the sale or license of patents. Patent pools by companies from several countries represent enormous economic power and denial of access to these pools often amounts to a denial to do business in the areas of technology involved. For example, the German international chemical cartel I. G. Farben, which operated before and during the Second World War, was based to a large extent upon the patent tech- nique. (5) Trademarks: Allocation of trademarks can permit chosen companies to do business and deny the right to do business to others. (6) Joint sales services. (7) Joint purchasing services. (8) Profit pools. (9) Deception: This involves both political and economic deception. The Ger- mans use the word "Tarnung" to describe this type of technique. In a hearing before a U.S. Senate Subcommittee,6 the reasons why I. G. Farben (abbreviated "1G.") employed this technique are given: "(1) On the head tax reasons. The foundation of branch offices on sub- sidiaries would have meant an establishment of I.G. The taxes to be paid for such establishments much higher than those of independent companies. ~ Thomas B. Curtis, Congressional Record (July 10, 1967), page H8392. 6 U.S. Senate Hearings before a Subcommittee of the Committee on Military Affairs. S. Res. 107 and S. Res. 146 (Washington, February 1946), Part 10. 9~-159 0-68-pt. 1O-13 PAGENO="0194" 4634 (2) The danger of war forced us to secure our organization and assets by "Tarnung." This system enabled us to maintain our selling organization, to secure our investments, and an advance on our outstanding claims. (3) In the first years after the first war, the weakness of the Reich made it advisable to give our selling organization the national character of the country concerned. (4) Commercial reasons also, "Tarnung" as protection against boycott. The customers preferred to buy from national firms. (5) A branch office or a subsidiary forced to show the details of I.G.'s balance and profit and loss account. (6) A branch office or subsidiary being under the foreign currency regula- tions of the country concerned. (7) The U.S.A. Antidumping Act of 1921. Price invoiced to U.S.A. to be compared with (a) foreign market value or (b) price invoiced to countries other than U.S.A., or (c) the cost of production. For 1G. important that prices invoiced to U.S.A. only be compared with the prices invoiced to countries other than U.S.A. Hereto the Act of 1921 says that only prices to free and independent customers can be compared. Therefore the foundation of free and independent importers in Canada and Australia." ~ (C) CARTEL ACTIVITY AND RELATED ACTIVITY BY MAJOR COUNTRY (1) Japan On August 1, 1961, the Japanese Government officially established a cartel for synthetic dyes (which are benzenoid chemicals). The establishment of this cartel has been described in considerable detail by Toshio Kojima, Secretary of the Japanese Fair Trade Commission.8 The Japanese Fair Trade Commission is an agency of the Japanese Government which grants permission and aids in the formation of Japanese cartels. This Japanese synthetic drystuff cartel has been operating for over six years with great success. The Japanese Government assigned the production of 38 principal dyes and coordinated the operations of individual Japanese chemical companies to eliminate uneconomical duplication of production. The establishment of the Japanese cartel was made possible through a revision in the Japanese Anti-Monopoly Law in 1953. The synthetic dyestuff cartel has proven to be very effective for the growth of the Japanese economy. The main Japanese chemical companies in this cartel are: Hodogaya Chemical Industry Co., Ltd. MitSubishi Chemical Industry Co., Ltd. Mitsui Chemical Industry Co., Ltd. Nippon Kayaku. Sumitomo Chemical Industry Co., Ltd. The Japanese synthetic dyestuff cartel has excellent outlets into U.S. chemical markets. For example: Mitsubishi InternatiOnal Corp. Mitsui & Co. USA, Inc. Other cartels also exist in the Japanese chemical industry. The Japanese cartels pattern themselves along the lines of the Zaibatsu which dominated the Japanese economy before the Second World War. Cartels are not only being recog- nized by the Japanese Government more and more. They are actually being encouraged. The Japanese GOvernment grants permission to several types of cartels. Below `are listed the types of cartels which are permitted in Japan: (a) Recession cartels-cartels which are permitted if an over-supply forces' prices to drop belot~v production costs. (b) Rationalization cartels-cartels which are permitted for purposes of ad- vancing technology, `standardizing products and concentrating (or allocating) production. (c) E7vport cartels-cartels which are permited `by the Japanese Export-Import Transaction Law of 1952 to give Japanese companieS advantages in international trade. I wish to also call the attention of the Committee to the fact that in Japan banks are permitted to own up to 10% of the shares of a single enterprise and Ibid. pp. 1203-1204. 8 Toshio Kojima, ~enryo to Yakuhin ("Dyestuffs and Chemicals"), Vol. 6, No. 12 (1061). PAGENO="0195" 4635 that the Japanese Fair Trade Commission is permitted to grant even larger percentages of ownership at its discretion. (2) West Germany The main companies in manufacturing benzenoid chemicals in West Germany are: Badische Aniline & Soda-Fabrik (BASF). Cassella Farbwerke. Farbenbfabriken Bayer. Farbwerke Hoechst. These companies have a cartel tradition that goes back to the giant German international chemical cartel I.G. Farben (Interessengemeinschaft für Farben- industrie Aktiengesellschaft) which operated before and during the Second World War and to the cartels which operated before and during the First World War. They were, in fact, the main components of 1G. Farben. These German companies have direct outlets to U.S. markets. Some of their U.S. outlets are: American Hoechst-U.S. outlet for the German company Farbwerke Hoechst. BASF Color & Chemicals-U.S. outlet for the German company BASF. Mobay Chemical Company-U.S. outlet for the German company Farben- fabriken Bayer. Verona-Pharma Chemical Corporation-U.S. outlet for the German com- panies Farbenfabriken Bayer and Oassella Farbwerke. There is a great deal of continuity in the German cartel tradition. Thus, Dr. Fritz ter Meer is presently the Honorary Chairman of the Board of West Ger- many's largest chemical company Farbenfabriken Bayer. He was also on the central planning board of I.G. Farben in 1928.0 Dr. Karl Winnacker is presently the Chairman of the Board of Management of Farbwerke Hoechst, West Ger- many's second largest chemical company. Dr. Winnacker had a distinguished career with the I.G. Farben cartel. (3) Switzerland The following companies are the main producers of benzenoid chemicals in Switzerland: Ciba Geigy Sandoz These three Swiss companies have a cartel-type of arrangement which is called a "Basler Interessengemeinschaft". They have well-established outlets to U.S. markets through: Ciba Corp. Geigy Chemical Corp. Sandoz Inc. Representative Thomas B. Curtis has pointed out, concerning dye and dye intermediate producers in the United States, that. "the biggest plant in the in- dustry is that at Toms River, New Jersey, owned by a consortium of three Swiss firms, which employs 800-1,000 people, it is estimated. (The same three Swiss firms are also reported to be closely linked with several German chemical com- panies.)" 10 The three Swiss firms referred to by Representative Curtis are Ciba, Geigy and Sandoz. The plant which he refers to is known as the "Toms River Chemical Company". (4) United Kingdom In the United Kingdom, we have Imperial Chemical Industries, Ltd. (ICI) which has a long history of working with numerous chemical cartel.s (ICI was established in 1926). It has an excellent outlet to U.S. chemical market through I.C.I. Organics, Inc., which operates plants, laboratories and warehouses in the United States. In additian, Imperial Chemical Industries, Ltd. is the second largest chemical company in the world and the largest dye producer in the world. (5) Soviet Union The Soviet Union possesses the second larget chemical industry in the world which it operates like one gigantic cartel. All the government ministries, banks, ° Das Spezial-Archiv der Deutschen.Wirtschaft, Der Farben-Konzern 1928 (Berlin, Hugo OppeTiheim & Sohn, 1928). 10Thomas B. Curtis, Loc. cit., page H8388. PAGENO="0196" 4636 manufacturing plants and other organizations are coordinated to help advance its chemical industry. I deal extensively with Soviet operations in my recently published book "Soviet Chemical Idustry." 11 ASP offers some protection from the economic warfare which the Soviet Union sees fit ot engage in to advance its military, political and economic goals. (D) COMPARISON OF THE CONCENTRATION OF DYE PRODUCTION IN VARIOUS COUNTRIES The latest figures available for the concentration of dye production for the main dye-producing countries are shown in Table I. This table clearly shows that there is much more concentration of production among the major foreign pro- ducers than there is among U.S. producers. In addition, the production of these foreign producers is much more "rationalized" or cartelized than in the United States. I would also like to point out that a report by the U.S. Tariff ~mmission states that: "Foreign dye producers supply (through imports or production In their U'S. plants) about one-third of the U.S. dye market (in terms of value) and imports consist predominantly of intracompany transfers between foreign dye producers and their U.S. subsidiaries." ~ TABLE 1.-CONCENTRATION OF PRODUCTION IN PRINCIPAL LYE PRODUCING COUNTRIES OF THE WORLD Country Number of firms Percent of total national production West Germany 1 Switzerland 2 4 3 92 France3 1 90 Japan4 Italy° United Kingdom 7 United States 8 5 1 1 2 579 70 70 9 30 1 The West German companies Bayer, Hoechst, BASF, and Cassella. These were the main components of the German international chemical cartel I. G. Farben (lnteressengemenschaft für Farbenindustrie Aktiengesellschaft) which operated before and during the 2d World War. 2 The Swiss companies Ciba, Geigy, and Sandoz. These companies have formed a cartel-type of arrangement known as the "BusIer lnteressengemeinschaft". 3 The French company Kuhlmann (Francolor subsidiary). This Kuhlmann subsidiary was formed by a merger of the 3 main pre.2d World War French dye firms. Kuhlmann itself has recently combined with the French companies Ugine and SociOté des Produits Azotés. 4 Sumitomo, Mitsui, Nippon Kayaku, Mitsubishi and Hodogaya. These companies are the main components of the official Japanese Government synthetic dyestuffs cartel. I The figure 79 percent is that given by the Japanese Fair Trade Commission. 0 The Italian company Montecatini (now Montecatini-Edison). 7 The British company Imperial Chemical Industries Limited (lCI). 8 The U.S. companies DuPont and American Cyanamid. I The figure 30 percent is that which was given by the Japanese Fair Trade Commission in its study of the degree of concentration in the United States. The U.S. Tariff Commission has pointed out that for 1964 5 producers of dyes in the U.S. accounted for 59 percent of sales. Foreign dye producers supply (through imports or production in their U.S. plants) about ~ of the U.S. dye market (in terms of value). Representative Thomas B. Curtis has pointed out that "the biggest plant in the industry is that at Toms River, New Jersey, owned by a consortium of 3 Swiss firms, which employs 800-1,000 people, it is estimated. (The same 3 Swiss firms are also reported to be closely linked with several German chemical companies)." These Swiss companies are Ciba, Geigy, and Sandoz. Sources: Toshio Kojima, Senryo to Yakuhin ("Dyestuffs and Chemicals"), vol. 6, No. 12 (1961): Ernest M. May, mem- orandum before the Tariff Commission and Trade Information Committee (Jan. 29, 1964), p. 10 and Appendix 4; U.S Tariff Commission, TC Publication 181 (July 1966), p. 19; and Thomas B. Curtis Congressional Record (July 10, 1967), p. H8392. (E) CONDITIONS WHICH COULD PERMIT FOREIGN CARTELS TO GAIN CONTROL OVER MANY U.S. CHEMICAL MARKETS ESSENTIAL FOR NATIONAL DEFENSE The conditions which existed in U.S. chemical markcts during the 1930's made it possible for foreign cartels, particularly the German cartel I. G. Farben, to gain control over many critical areas of the U.S. chemical industry which were essential for the national defense. These conditions also exist today. They are: (1) Low tariff duties in the United States. Tariff duties will be further lowered by the Kenn~dy Round tariff cuts. (2) The U.S. patent laws~-which permit foreign companies to obtain patents without requiring them to use the patented inventions in the United States. 11Yale L. Meltzer, "Igoviet Chemical Industry" (Park Ridge, New Jersey~ Noyes Develop- ment Corp., 1966). 12United States Tariff Commission, TC Publication 181 (Washington, July 1966). PAGENO="0197" 46~37 The patent creates a legal monopoly for 17 years, under U.S. patent law, which, as a result, permits a foreign company to exclude U.S. companies from manu- facturing, using or selling the patented invention (as stipulated in Title 35 of the U.S. Code) for the 17-year period. The use of a patented invention is required in many countries (this is often accomplished by increasing taxes each year for holding patents or by requiring compulsory licensing). (3) Lack of detailed consultation and coordination of activities between the U.S. Government and the U.S. business community on foreign trade matters in particular (such as eYists in many other countries). (4) Lack of close coordination of U.S. fiscal and monetary policies with the activities of the U.S. business community (such as exists in many other countries). (5) Numerous non~tariff barriers by other countries which restrict U.S. trade. (6) Strong U.S. antitrust laws which are vigorously enforced by the Dept. *of Justice which make it illegal for U.S. chemical companies to form cartels and monopolies (with the exception of Wethib-Pomerene associations), while, in sharp contrast, many foreign governments not only permit the formation of cartels and monopolies, but often actively encourage and aid them in their formation and continuing operations. - (7) Lack of encouragement by the U.S. Government to the use of Webb~ Pomerene associations by the U.S. business community. The Webb-Pomerene Act of 1918 is subtitled "An Act to Promote Export Trade" and provides limited exemptions from the prohibitions of the Sherman Antitrust Act, the Clayton Antitrust Act and the Federal Trade Oommission Act. The limited exemptions from these U.S. antitrust laws is conditioned upon safeguard for domestic busi- ness competition and freedom to export by any domestic competitor. One of the main reasons why Oongress passed the Webb-Pomerene Act was to make it possi- ble for U.S. companies, particularly small companies, to cempete with foreign cartels in the export market.'3 The Department of Justice, however, has at- tempted to destroy even this last hope for U.S. companies to resist foreign car- tels.'4 As a result most U.S. companies have been afraid to form Webb-Pomerene associations. In sharp contrast, export associatiOns of the European Common Market are specifically exempted from the antitrust provisions of the Treats of Rome. RECOMMENDATIONS (a) Maintain the American selling price (ASP) system as a method of customs valuation for benzenoid chemicals and products. (b) Propose that a panel of government officials, business leaders and labor leaders investigate in detail the effect which repeal of the ASP system would have on the U.S. trade balance, the overall U.S. balance-of-payments position, the U.S. gold drain and the present dollar crisis. (C) Investigate the U.S. patent and trademark laws in the light of their effect upon tariff and trade policies. (d) Carefully examine the marked growth in cartel activity, particularly in Western Europe and Japan. (e) Request that a conference of the GATT-member nations, preferably under the auspices of GATT (the General Agreement on Tariffs and Trade) convene, as soon as possible, to discuss all non-tariff barriers to trade in detail. This should include border taxes, secret buying by foreign governments, export rebates, import quotas, tax-on-value-added (PVA) and other national taxation systems, cartels and the many other non-tariff barriers to trade. (f) Make use of the OECD (Organization of Economk Cooperation and Devel- opment) Expert Committee on Cartels as a means of obtaining information on national and international cartels. (g) Investigate, in detail, the effect of foreign cartels upon U.S. interests. (h) Explore the possibility of having GAPT, the United Nations or some other international body setup a special committee (similar to the Ad Hoc Com- mittee on Restrictive Business Practices of the United Nations Economic and Social Council) which would have the power not only to investigate but to regulate the activities of cartels. (i) Investigate specific modifications of foreign cartel laws which would pro- tect U.S. interests against discrimination and other unfair business practices. 13 Webb-Pomerene Act, 40 Stat. 516 (1918), 15 U.S.C. 14Unit~ States v. Minnesota Mining & Mfg. Co~, 92 F. Supp. 947 (D. Mass. 1950); United States v. U.~S. Alkali Export Ass'n., 86 F. Supp. (S.D. N.Y. 1949). PAGENO="0198" 4638 (j) Investigate methods by which the Executive branch of govermnent can aid and encourage the formation of Webb-Pomerene associations, particularly by small companies, so that they may adequately compete with cartels in the export market. In conclusion, I with to point out that what we are faced with In dealing with this proposed legislation is not a choice between either protectionism or free- trade, as many argue. We are faced with a choice of whether we are going to establish a realistic program which will expand trade and encourage economic competition or whether we are going to permit the old order of international cartels and monopolies, which operated before the Second World War, to be reestablished. Vested interest groups, particularly in Western Europe and Japan, are seek- ing to return to the old ways. They are seeking to return to the old order of cartels, control over technological progress and the establishment of private world monopolies (often with the aid of their governments). The elimination of the ASP system would help them to achieve these goals. The United States cannot afford to eliminate its ASP system while indus- trialists in other countries maintain their non-tariff barriers to trade and sys- tem'atically add to them. An example where new barriers have been raised to U.S. exporters is the tax-on-value-added (TVA) havmonization program of the European Common Market. West Germany on January 1,. 1968 switched over to this TVA system from its previous turnover tax system which has raised border adjustments from about 6% to 10%. By January 1, 1970, all European Common Market countries have been directed to switch over to the TVA system. France has already been using a TVA system for quite a long time. Meau~hile, Belgium, Italy and the Netherlands are raising their export rebates and import charges as a means of changing over to the TVA system. Thus, more and more barriers are being raised to U.S. products. The United States is the largest trading nation in the world and is in a position to prevent the reestablishment of the old order. It must insist on reciprocity. President Johnson was right when he said in his message to Congress on May 28, 1968 concerning this pending ASP legislation that "Trade is a two-way street. A successful trade policy must be built upon reciprocity." There was not, however, reciprocity in the Kennedy Round when U.S. tariff duties on chemicals were agreed to be lowered 50%, while the European Common Market and the United Kingdom only lowered theirs 20%. There will not be reciprocity if the U.S. eliminates its ASP non-tariff barrier while other cohn- tries erect higher and more sophisticated non-tariff barriers to trade. If the ASP system is eliminated without reciprocity, the United States will have lost its trump card in dealing with the guardians of the old order in Western Europe and Japan. These guardians of the old order will be able to reestablish their industries along the lines of the Zaibatsa and the Interes- sengemeinsehaft which existed before the Second World War. They will be able to gain control over trade and economic progress through secret government buying, national taxation systems, export rebates, border taxes, import quotas and numerous other non-tariff barriers to trade. If the ASP system is eliminated, foreign cartels will be able to under-sell U.S. companies in many benzenoid chemicals, eliminate the competition of U.S. companies and, as a result, curtail U.S. advances in technology vital for the national defense. Once U.S. competition is eliminated the cartels would be free to set high prices and the U.S. consumer will be the loser. Let us consider now the question: Why should an ASP system be applied to benzenOid chemicals (unlike the tariff system which is applied to most other products)? The answers are: (a) There are wide variations in the prices of benzenoid chemicals among foreign countries producing them, so that use of the usual foreign price (or export value) system would make it difficult to base tariff duties. (b) There is a very delicate economic balance for U.S. benzenoid producers in which they have to manufacture many co-products which may not be in demand. This results in only a relatively small number of products bringing in the bulk of the profits. A large increase in imports (which can be expected if the ASP system is eliminated along with the Kennedy Round tariff cuts already in effect) can break this delicate economic balance and make a complete line of products uneconomical. PAGENO="0199" 4639 (o) Many benzenoid chemicals are made by batch processes, which make their production labor-intensive. As a result, the lower labor costs in foreign countries puts U.S. producers at a disadvantage when competing in world markets. (d) If the ASP system is eliminated, research in the benzenoid area will be reduced which will have an adverse effect upon the national defense and the health of the nation. (e) There has been a dangerous growth in the formation of foreign cartels in benzenoid chemicals in the past few years. The anti-cartel laws which were passed soon after the Second World War in Western Europe and Japan, due to the liberalizing influence of the United States, have been ~roded.1' The most obvious example of such erosion is the official Japanese Government cartel for synthetic dyestuffs which has already been operating for several years. The questions which get at the crux of the whole ASP issue with regard to benzenoid chemicals are: (1) What makes the benzenoid chemicals so special? (2) Why is elimination of ASP system such an emotionally charged issue for European and Japanese benzenoid producers? The answers are: (1) Benzenoid chemicals are special because they provide the broad technological base from which many of the most important chemical developments can be expected. (2) Elimination of the ASP system has become such an emotionally changed issue for the Europeans and Japanese because they see in it an opportunity for their rising cartels to control future chemical markets. A case in point is the means by which the German international chemical cartel I. G. Farben developed. I. G. Farben was first based on a cartel for clyestuffs. It was later expanded to include other benzenoid chemicals (e.g. benzenoid organic pigments, benzenoid pharmaceuticals, benzenoid plastics, benzenoid synthetic rubbers and benzenoid synthetic detergents). From this economic and technological base, I. G. Farben was able to develop the synthetic rubbers, explosives, synthetic oil, synthetic gasoline and other products which it provided for the German war-machine during the Second World War. It evolved into a cartel empire which embraced 379 firms, in Germany alone, through direct or indirect participation.'° Former U.S. Attorney General Thurman Arnold explained why the United States was so ill-prepared at the beginning of the Second World War when he pointed out the following to a Special Senate Committee over which Harry S. Truman presided as Chairman: "It is impossible to accomplish the purpose of a cartel, viz., to maintain high prices and to keep a tight control over the market and to eliminate independent competition without restricting production. Now, not only is production restricted but experimentation is restricted. These world cartels have made us dependent upon foreign nations for many of our most vital supplies by preventing produc- tion at home." 17 Thurman Arnold underscored our past mistakes in dealing with international cartels. I sincerely hope that we have learned from the past and that we will not repeat our mistakes. If we have not learned from our past mistakes, the United States and the underdeveloped countries will be the main losers. International cartels will take over control of numerous technological areas and stifle trade, just as they did before the Second World War. The future of the 11G,000 workers of the U.S. benzenoid chemical industry, the future of the entire U.S. chemical industry and the future growth of the overall U.S. economy lies to a large extent in the hands of this Committee. The condi- tions of our time require that the ASP system be maintained for benezenoid chemicals and products. Mr. Chairman and members of the Committee, thank you very much for your attention. The CHAIRMAN. We thank you, Mr. Meltzer, for bringing your state- merit to the committee. Mr. MELTZER. Thank you. ~ Corwin D. Edwards, Cartelization in Western Europe (Washington, U.S. Dept. of State, June 1964) ; Corwin D. Edwards, Control of Cartels and Monopolies (Dobbs Ferry, N.Y., Oceana Publications, Inc., 1967). 16 U.S. Senate Hearings, Loc. cit., pp. 1156-1164. `~U.S. Congress. Senate. Investigation of the National Defense Program, Par.t 0, S. Res. 71 (Waahlngton, 1942), page 4308. PAGENO="0200" 4640 The CHAIRMAN. Mr. Cowherd. If you will identify yourself for our record we will be glad to recognize you for the 8 minutes that we agreed to give you. STATRMENT OP EDWIN R. COWHERD, VICE PRESIDENT, DYESTTJIT AND CHEMICAL DIVISION, GAP CORP. Mr. ~owiirnw. I am Edwin R. Cowherd, vice president of the Dye- stuff and Chemical Division of GAF Corp., formerly General An- iline. & Film Corp. GAF is the second largest dyestuff and organic pigment producer in the United States. We have a line of more than 1,600 dyestuff and pigment products and in the past several years our net sales of dye- stuffs and pigments have averaged over $40 million a year. We have dyestuff and pigment plants in Linden and Paterson, N.J., and in Rensselaer, N.Y., representing a capital investment of $45 million. In the dyestuff area alone, GAF has approximately 1,700 em- ployees, with an annual `payroll of $14 million. `The/average employee in these plants has worked for GAF for more than 15 years and his average age is 45. Layoffs or terminations due to product cutbacks could be a serious matter `for these employees. For this reason, the unions at these plants and their national affiliates `have already expressed their concern to this committee and the Congress about the administration proposal. Our dyestuff manufacturing operations are very important to the local economies of the communities in which they operate. In addition to payroll, GAF pays substantial State and local taxes and makes pur- chases in the surrounding areas of approximately $6 million annually. OAF also has chemical operations at Linden and Rensselaer and other chemical plants at Calvert City, Ky., Chattanooga, Tem'~., and Huntsville, Ala. A new plant at Texas City, Tex. is currently being placed on stream. In all, we operate manufacturing and research facil- ities at more than 50 sites in 26 States. Although only three of these plants produce dyestuffs, the technology involved in the manufacture of many of OAF's chemicals and other products is not only an out- growth of dyestuff-releated research, but this research continues to greatly contribute to these operations. OAF, its employees, and the communities in which it operates have a vital interest in any proposed legislation that might materially affect its dyestuff and organic pigments operations. We have, therefore, made a comprehensive study to determine the effect of the Kennedy round and separate package on our dyestuff and pigment business. It is always difficult to make such predictions accurately. However, it is relatively easy to determine the relation- ship of a change in price and volume to the welfare of a business. When we consider the dyestuff business in this, light, the alarming thing is its extreme sensitivity to small changes in either the price that is obtained for the goods or the volume of production. In our study we selected 204 of our products, which we believed are most representative of our dyestuff and pigment business. These in- cluded: 74 vat dyes, 71 pigments, 33 synthetic fiber dyes, and 26 azo dyes. Each of these products was individually assessed to determine, iii PAGENO="0201" 4641 the best judgment of our marketing staff, to what extent a 50-percent reduction in the converted duty would result in lower prices and loss of sales The products chosen for this analysis included items of varying de grees of profitability Our analysis was in accord with predictable market conditions and our past experience. The startling result was that the profits from the business would drop roughly 80 percent from the Kennedy round alone. In a number of respects, our analysis is conservative, that is to say, we would incur a loss of profits greater than indicated. For example, many of our dyestuff' and pigment products are specialty items, and are even more sensitive to price and volume changes than our regular line of products. In addition, we did.not assume that foreign producers would lower prices to the full extent of the duty reduction on medium- and low-profit items. We hardly have to consider the question of what our future in the dyestuff and pigment business is going to be like if the American sell- ing price basIs for tariff valuation is abandoned. But for the record, let me say that the business, as it is constituted today, would no longer turn `a profit. As in most progressive and ch'tnging businesses, we have always had to pay attention to dropping unprofitable products `md bringing new products into the market. The cut in the tariffs that has already occurred as a result of the Kennedy round, and the prospect of the cuts yet to come, have caused us to greatly ~iccelerate the elimination of dyestuffs and pigments from our line. I wish I could also say th'vt there has been `i corresponding increase in the addition of ne~m products as well But the development of some thing new is seldom dependent upon the urgency of the moment. The process is extensive and time consuming and one can only afford to pursue it at all if thepromise of return is attractive. In the event the American selling price system is discarded, much more drastic moves would have to be made in order to survive in the dyestuff and pigment business. The most obvious such move would be to abandon much of our domestic manufacturing operations. We would then have to try to put ourselves in the most advantageous position. possible as a reseller of foreign producted goods. Failing in this, we would be forced to establish manufacturing facilities abroad. I wish we could believe and say that GAF's business will be enhanced as a result of the reductions in tariffs by other countries. But the facts will not allow' us to do this. Our exports of dyestuff `and pig- ment products represent hut a few million dollars and they are rapidly decreasing. We are not able to compete with the prices offered by for- eign producers. Our relatively higher cost, `and not foreign tariffs, is the principal bar to our export activities. Hence, the 30-percent foreign tariff cut in return for the separate package is not going to enhance our export position. We `at, GAF are not protectionists. We are an international com- pany with subsidiaries and affiliates in many parts of the world and we think of ourselves as free traders. But we must be practical in this mat- ter. We are in business to earn a profit for our shareholders, provide income and security for our employees, and to supply products to our customers. PAGENO="0202" 4642 We want the record of these proceedings to show that if the pro- posed legislation is adopted, it will make it impossible for GAF to continue manufacturing many of its dyestuff and pigment products in the United States. If you think it is important to maintain a healthy and prosperous chemical and dystuff industry in the United States and protect the country's technological future, we urge you to reject. the administra- tion's proposal. I thank you for the opportunity to appear before you this afternoon and present this testimony. The CHAIRMAN. Thank you, Mr. Cowherd, very much. Are there any questions. If not, we thank you very much for bringing to us your views. Mr. COWHERD. Thank you. The CHAIRMAN. The president of the Lakeway Chemicals, Inc. ~ you will identify yourself for the record we will be glad to recognize you for the 5 minutes that we agreed to. If, in the process, it is neces- sary for you to leave out any part of your statement, your entire statement will be included in the record, all except your annual report. STATEMENT OP 1~TORMAI'lD PHA1QEUP, PRESIDENT, LAKEWAY CHEMICALS, INC. Mr. PHANEUT. Thank you, Mr. Chairman. My name is Normand Phaneuf. I am president of Lakeway Chemical Co. Lakeway is a small publicly owned company that was started in 1960 with~ the aid of a loan from the local community development fund. We have only one plant located in Egelston Township outside the corporate limits of Muskegon, Mich., and we are the largest taxpayer in the township. This is a business that I started from scratch on 40 acres of bare land. From a meager beginning, we have grown to annual sales of over $3 million, 72 percent of which is derived from benzenoid prod- ucts. Our growth is the result of many years of hard work. Our business is owned by Lakeway's 358 shareholders,: many of whom are small, and has a total equity of $1,344,000 on May 30, 1968. Ap- proximately 60 percent of this total is invested in our benzenoid facilities. Our benzenoid facilities employs 44 people, 67 percent of total employment. Our approximate benzenoid annual payroll is $400,000, and the total fiowback into our community as a result of our total business amounts to $1,145,000. Our current business is affected by imports, particularly from Japan. In 1965, the U.S. import bulletin had no record of any imports of dichlorobenzidine, our principal benzenoid chemical. Lakeway is one of four U.S. producers of dichlorobenzidine and possibly the largest single producer. In 1966 imports of this product were reported at 192,981 pounds, or 7.7 percent of total estimated usage. We believe the figure for 1967, when it becomes available from Federal sources, will reveal that over 10 percent of the U.S. market was supplied by imports. To obtain this volume the Japanese have offered products to the U.S. users at 12 to 13 percent below domestic prices. In fact, we believe that the Japanese are dumping dichlorobenzidine in the PAGENO="0203" 4.43 United States. In an attempt to halt this illegal invasion into our market, we are filing a dumping complaint with the Commissioner of Customs. A copy of this formal complaint is submitted for the record. HOW WILL KENNEDY ROUND AGREEMENT AFFECT LAKEWAY If ASP is retained, the Kennedy round agreements will reduce the duty on imported products from $36.7 a pound to $0.1879 a pound on January 1, 1972. A chart showing the year-by-year tariff reductions is in your folder. The amount of this reduction exceeds the present profit on dichlorobenzidine by a wide margin. Since dichlorobenzidme is our lifeblood, we are devoting a large part of our technical efforts seeking ways to. reduce our costs in order to stay alive. We are deter- mined to stay .in this business if we can, but there is no doubt that the Kennedy round agreement presents us problems. We have no hope of exporting dichlorobenzjdine. Our domestic price is $1.33 a pound. We believe that the price in Europe is below $1 per pound and in Japan $1.01 and $1.06 per pound, depending on size of purchase. For certain, the Kennedy round will cause deterioration of our profits and may in the end put us out of the dichlorobenzidine busi- ness entirely. The Kennedy round offers no advantages whatsoever. I see no possible reciprocity. We can't help but `be financially hurt by the subsequent tariff reduction under the Kennedy round. .A year `ago, we were asked to . analyze the effect of the Kennedy round on our situation. At that time, it was reported that export value for dichlorobenzidine was $1.071 per pound. We suspected then that the $1.071 was too high by a large magnitude. We now know that our suspicions were correct. HOW WILL THE SEPARATE AGREEMENT OR ELIMINATION OF ASP AFFECT LAKEWAY The use of American selling price is the most certain method pos sible in determining a realistic base for assessing duty. It is far easier for a customs examiner at the Port of New York to determine the wholesale selling price, of a `dichlorobenzidine in the United States than it is for him to determine the piice in West `Germany, France, Italy, or Japan. In Europe today there is no such thing as a list price for .dickloro- benzidine. Producers sell `at quite different prices to similar customers and yet this nonexistent foreign price is exactly the b'~se on which the Governn~ent is considering to calculate import.duties. If we assume elimination of ASP, the use of export invoice value as a duty basis, and rate of 1.5 cents perpound plus 18 percent of export ~ alue, current imports of dichlorobenzidine would pay the following duty: From Japan, $0.16, from West Germany, $0.18. The current duty of these imports-32.9 cents per pound. If ASP is retained and the Kennedy round reductions `go unchanged, the duty in 1972 would be $0 188 cents a pound based upon the continuance of the present U.S. selling price. PAGENO="0204" 4644 Therefofe elimination of ASP will reduce U.S. prices for dichlóro- benzidine even more than the Kennedy round and thereby deteriorate our economic position in the market. Without question the Kennedy round and elimination of ASP alters the balance of competition be- tween foreign and domestically produced dichlorobenzidine to the advantage of the foreign producer. CONCLUSION The very substantial loss facing Lakeway, its employees, and our community need not occur, should not occur, and will not occur if this committee insists on a foreign trade policy in the best interest of U.S. business which, in the final analysis, is also in the national interest. In our small company, we are all deeply concerned about our future and with preventing any loss of employment. I thank you. This is the end of my statement. (The information referred to follows:) TARIFF REDUCTIONS AS RESULT OF KENNEDY ROUND ITEM NO. 403.59-DICHLOROBENZI DINE DI HYDROCHLORIDE Total duty Duty red uction U.S. price (cents per (cents per pound) pounds) Base rate: 3.5 cents per pound plus 25 percent ad valorem $1. 33 36. 7 Present: Step 1: 3.0 cents per pound plus 22.5 percent ad valorem 1. 33 32. 9 3. 8 Step 2: 2.7 cents per pound plus 20 percent ad valorem 1.33 29. 3 7.4 Step 3: 2.3 cents per pound plus 17.5 percent ad valorem 1. 33 . 255 26. 455 Step 4: 1.9 cents per pound plus 15.0 percent ad valorem 1. 33 . 2185 36. 4815 Step 5: 1.5 cents per pound plus 13 percent ad valorem 1. 33 . 1879 36. 5121 STATEMENT OF COMPLAINANT To: The Commissioner of Customs, U.S. Bureau of Customs, 2100 K Street, NW., Washington, D.C. From: Lakeway Ohemicals, Inc., 5025 Evanston Avenue, Muskegon, Michigan. By.: Leonard, Clammer, Flues & Redmon, Attorneys-at-Law. Subject: The importation and sale of dichlorobenzedine dihydrochioride (pop- ularly known as "DOB") into the commerce of the United States at less than a fair value within the purview of the Antidumping Act, 1921, as amended. Reference: Sees. 201-4, Antidumping Act of 1921, as amended (19 U.~S.C. Sec. 160) : 19 OFR Secs. 14.6-44.8. Lakeway Chemicals, Inc., a Michigan corporation, has its offices and principal place of business in the City of Muskegon, Michigan. Legal counsel representing it in this matter is the law firm of Leonard, Clammer, Flues & Redmon, Wash- ington, D.C. The following information is submitted concerning the importation into .and sale within the commerce of the United States of dicblorobenzidine dihydrochloride, hereinafter referred to as ("fOB"), at less than fair value, a situation which is here called to the attention of the U.S. Bureau of Customs, Department of the Treasury, with the request that it initiate a sinmmary investi~ gation, issue an Antidumping Product Notice, and take such other action as is relevant and proper in the circumstances under the Antidumping Act of 1921, as amended, and the regulations therein. 1. (a) Desc'riptirn of the merchandise fOB is produced by a benzidine rearrangement using .ortbo-chlor-nitro-~benzefle as the starting material. The reaction is exothermic, needs careful control and requires exacting pursification of the final product. It is used by ink manufac- turers who react it with arylides resulting in "Benzidine Yellow". This new PAGENO="0205" 4645 and valuable yellow pigment made its debut on the American market some fifteen years ago. The printing ink industry showed an early and great interest in Benzidine Yellow because otf its adaptability to process printing. Used either alone or in combination with chrome yellow its use grew rapidly among ink makers, until today it is the most important organic yellow pigment manu- factured in this country. The present product is much improved over earlier versions, yielding cleaner, stronger and softer colors, attesting to the patient, costly research that has been devoted to the product by American manufacturers. DOB is identical to the 3.3' dichlorobenzidine which is a cycles intermediate for five varieties `of benzidine yellow. The form sold in the United States is identical with that being imported. It is within the classification range of Tariff Schedules United States number 403.60, but only the hydrochloride is sold in the United States. (b) Importation Japan is the source of the complained-of imports of DCB. The sole maker of DOB in Japan is: Wakayania Seika Industry Oo., Ltd., 501-i Kozatsuga, Wakayama City, Waka- yama, Japan. New York is the prinicpal port of entry for the product. According to our best advices some eight importers are buying DCB from the above-mentioned manu- facturer, five of which are known to us. They are: Mitsui & Company, U.S.A. Inc., 200 Park Ave., New York, N.Y. Biddle Sawyer Corporation, 64 Wall Street, New York, N.Y. Aceto Chemical Company, Inc., 126-02 Northern Blvd., Flushing, New York. Sakai Shoji, Inc., 230 Park Ave., New York, N.Y. Sumitomo Shoji, Inc., 277 Park Ave., New York, N.Y. The corporate relationship between these importing companies and Wakayama Seika Industries Co., Ltd., if any, is not known. This manufacturer exports to the United States approximately 50% of its total export volume, with West Germany, France and Southeast Asia absorbing most of the export balance. DOB prices to these other countries are not known. According to a United States Import bulletin, the record for DCB pound imports into the United States from Japan, which is the only country exporting DCB to the United States, is as follows: Year Pounds imported 1961 None 1962 1963 1964 1965 13,122 3,802 (1) (1) Spotty coverage outside port of New York. Port of New York-under 25 pounds.. Lakeway opinion, these 2 years Japanese product not acceptable quality in United States. 1966 1967 192,981 2 250, 000 All ports reporting. U.S. figures due about July 1. 1968. 1 No record. 2 Lakeway estimate. 2. (a) United States market prices The average selling price for DCB in the United States during 1967 was $1.29 net per pound F.O.B. plant. The average selling price for April 1968 was $1.19 net F.O.B. plant. The cause of this loss of ten cents per pound is the dumping practice of the Japanese manufacturer and exporter. On a volume business of 1,100,000 pounds annually in DCB, this amounts to a loss of $110,000 to the complainant, which is highly destructive to a company of its size. (b) Foreign market value Complainant is informed that the price per pound of DCB to a large domestic user in Japan is $1.01, to a small~ domestic user $1.06, and for the American ex- port market $0.81, at the Japanese port. In line with these figures is our further information that the Japanese prices in the home market are $1.00 per pound in lots over one ton and $i.0625 in lots under one ton. All exports to the United States have been in lots of over one ton. Delivery prh'e to the American purchaser with duty paid ranges from $1.15 to $1.28 per pound, depending on location. A further breakdown of the Japanese DCB business in the United States is as follows, according to complainant's information: PAGENO="0206" 4646 1. DUB is shipped to the United States with ocean freight estimated at 6 cents to 7 cents per pound to major point of entry. 2. Both the foreign and domestic product is sold on a 100% amine basis. The foreign and domestic products are fully comparable. For 100% amine, the United States import duty based on an American selling price per pound of $1.33, is 3 cents ad valorem +22% of U.S. selling price, the total charge being approximately $0.323 per pound. 3. The estimated dockage charge in the United States is 1 to 2 cents per pound. 4. The estimated selling commission to U.S. trade is 5 to 7 cents per pound. 5. The estimated warehousing charges to U.S. user would be 4 to 5 cents per pound. 6. The estimated delivery charge to a U.S. user would be 2 to 3 cents per pound. 7. Terms of sale are net 30 days. 8. The estimated insurance runs 2 to 3 cents per pound. Adding together all the costs of exporting DUB into the American commerce, which are minimum figures, a total of $0.523 is reached. (e) Users of DUB in the United r~tates The following is a list of DUB users in this country. An asterisk is placed be- hind those who use the imported article: 1. Ameriden Oyanamid Company, Bound Brook, New Jersey. 2. Binney & Smith, Easton, Pa. 3. Child Pulp, Brooklyn, N.Y. 4. E. I. DuPont, Newark, New Jersey. 5. General Aniline & Film, New York, New York. 6. Holland-Suco, Holland, Michigan. 7. Indol Chemical*, Cartaret, New Jersey. 8. Interchemical Company, Hawthorne, New Jersey. 9. H. Kohnstamm, New York City, N.Y. 10. Fred H. Levey Oompany*, New York City, N.Y. 11. Sinclair & Valentine Oo.*, New York, N.Y. Div. of Martin Marietta 12. Sandoz, Paterson, New Jersey. 13. Rorna*, Full River, Massachusetts. 14. National Aniline Div., New York, N.Y. Allied Chemical 15. Sherwin-Williams, Cleveland, Ohio. 16. Federal Color, Inc., Cincinnati, Ohio. 17. Hilton Davis Dic.*, Cincinnati, Ohio. Sterling Drug 18. Rock Hill Printing*, Rock Hill, South Carolina. 19. Synaftloy*, Spartenburg, South Oarolina. 20. Industrial Color, Joliet, Illinois. 21. Sun Chemical Company, New York, N.Y. 3. (a) U.s. Prodnotion and Uoonsnmption A U.S. Tariff Commission Report as to dichlorobenzdine base and salts dis- closes the following as to American production and conaimption: Year Production Quantity Sales value Unit value (thousand (thousand (in thousands per pound pounds) pounds) of dollars) 1960 1961 1962 1963 1964 1965 1966 1,773 1,456 1,999 1.37 1,889 1,702 1,351 1,895 1.40 1,982 1,740 2,111 1.21 2,345 1,956 2,332 1.19 2,677 2, 331 2.851 1. 22 2,790 3,050 39,23 1.29 The complainant is informed that in 1967 production was about 2,700,000 pounds, of which its share was 1,100,000 pounds. For the first quarter of 1968 complainant produced 294,418 pounds. PAGENO="0207" 4647 *(b) In addition t~o the complainant, the following American companies pro- duce DCB: The Carwin Oompany, Division of Upjohn, North Haven, Connecticut. National Aniline Division-Allied Chemical, New York, New York. Alliance Chemical Division of Pfister Chemical Co., Ridgefield, New Jersey. 4.' (a) Investigative ~ourees American producers, consumers, suppliers and importers as listed above are suggested as information sources, as well as Wakayama Seika Industry Co., Ltd. Further, Bernard L. Snyder, consultant to the complainant and who can be addressed at the complainant's office, is also available. Any other information relevant to this complaint which comes to the complainant's attention will be supplied the Bureau of Customs forthwith. Respectfully submitted. LAKEwAY CHEMICALs, INC., By President. 3,3 DICHL0R0BENZmINE DIHYDROCIILORIDE AND 3,3 DICHL0ROBENZIDINE BASE (Report by John J. O'Connell & Associates) (1) sole Maker: Wakayama Seika Industry Co. Ltd. (2) Plant Location: Wakayama Seika Industry Co. Ltd., 501-1 Kozatsuga, Wakayama City, Wakayama, Japan. 3. CAPACITY AND PRODUCTION, 1967 Volume Value Metons M lb/yr M2~ M$ Domestic demand 200 440 160 145 Export demand 100 220 Total demand 300 660 64 224 178 623 Total capacity 500 1, ioo Operating rate (percent) 60 . 4. PRICE Level Yen per kilogram Cents per pound Domestic (large user) Domestic (small user) Export 800 850 640 1. 01 1. C6 .81 (5) Export Destinations-Mainly the United States, West Germany, France, and South East Asia. The USA export demand is estimated at about 50% of Japan total export. (6) Comnwnt-For both domestic and export sales, in almost all cases, the hydrochloride is converted to the base form because of the increased stability and 1essened hazard. Many people in the industry here in Japan think that Dainichi Seika Industry Co. Ltd. is also producing the compound. However, our investigating indicates that Dainichi ceased production about five years ago and now purcha~se from Wakayam Seilca. The main use for the compound is in benzine-yellow, borcan fast red, and azoic dyes. For the past several years, production quantity has shown `a 10-15% annual growth rate. However, prediction for the future, based on demand for benzine yellow, is that the demand curve will level out. Mr. BURKE (presiding). Thank you. Are there any questions? Our next witness is Mr. Charles W. French. Mr. French, `we welcome you to the committee and if you wish to summarize you may and your entire statement will appear in the record. PAGENO="0208" 4648 * STATEMENT OP CHARLES W. FRENCH, VICE PRESIDENT, PPISTLR CHEMIGAL, INC. Mr. F~n*cn. Mr. Chairman and members of the committee, I am Charles W. French., vice president of Pflster Chemical, Inc., Ridge- field, N.J. We greatly appreciate this opportunity to explain to the committee the eff~ots that the recent tariff regulations agreed upon during the Kennedy round and the eiiminati~n of the ASP standard would have on our company. Pflster supports the statement of Mr. Robert Barnard, counsel for the Synthetic Organic Chemical Manu- facturers Association and the Dry Color Manufacturers Association. The purpose of our statement is to supplement Mr. Barnard's state- ment and to point out the specific effects of ASP removal on Pflster. Pflster is the principal producer in the United States of beta oxy napthoic acid, better known as BON. BON is a standardized synthetic chemical manufactured and sold in dry powder form, and is used as an intermediate in the production of pigments, dyes, and pharmaceu- ticals. Many of these final products, of course, have direct or indirect application to the national defense. We sincerely believe that if the Kennedy round reduction became fully effective and if ASP is re- moved without any protection of a practical consequence to prevent dumping, Pfister will be forced out of BON production. Elimination of the domestic production of BON would ultimately have a corre- sponding effect on the domestic production of its end products par- ticularly if foreign sources `of BON were to `be cut off during a time of crisis. Elimination of the domestic production of BON would also have a direct impact on the economy, both locally and nationally. BON ac- counts for approximately 30 percent of Pflster's sales. We employ 250 people. Pfister's payroll during l9~'7 totaled approximately $2 million. While Pflster is endeavoring to diversify its production, nevertheless the sudden elimination of the BON market would have a drastic effect on its total production, profits, and employment and possibly even its very existence as a corporation. `During the past 10 years there has been a tremendous increase in the level of BON imports. Germany and Japan are the chief foreign suppliers, with Italy a secondary source. Standards of purity and content are substantially identical, so that the imported product is for all practical purposes interchangeable wi'th the competing domestic product. Between 1950 and 1967 the importation of BON grew from zero pounds to 11/2 million `pounds annually. In 1950' there were 11 domestic producers of BON, including Du Pont, General Aniline, Sherwin-Williams, Heyden, Augusta Chemical, Harmon `Color, Stand- ard Ultramarine, National Aniline, American Aniline, Pflster, and Hilton Davis Now, in 1968, there remain only tno domestic producers of BON, of which Pflster is the principal one. * "There are `several factors that account for this increasingly success- ful competition by foreign producers. One is the cost of labor. Wages and salaries account for approximately half the cost of production, and foreign labor costs are approximately one-half to one-sixth the size of U.S. labor `costs in this field. `Second, in almost every major foreign country, chemicals are pro- duced by a single company. Historically, cartels, and the predatory PAGENO="0209" 4649 pricing practices they foster have thrived in both Germany and Japan, the two major sources of foreign BON, and those practices still prevail. My colleague from SOOMA has already described the situation in Germany. In Japan, the Japanese Government itself has, for instance, assisted the development of a cartel regulating the production and sale of dyes. Japanese producers are assigned a virtual monopoly in the production of particular dyes, and according to their own estimates, they are thus able to selectively reduce costs 25 to 35 percent. Three Japanese companies (Mitsui, Sumitomo, and Mitsubishi) are currently producing BON for export, only one of whom exports to the United States. In both Germany and Italy BON exports are produced by a single company (Farbwerke Hoechst in Germany and Monticatini Edison in Italy). Given the experience of monopolization and carteli- zation within these countries, combined with the single or very limited number of producers in each, the extension of such practices to their mutual U.S. exports is not difficult to achieve. As a result, it is a relatively simple matter for these companies to control prices. Another major factor causing the rapid increase in BON imports is tariff reductions. When Pfister began producing BON the applicable U.S. tariff rate was 7 cents per pound plus 40 percent ad valorem applied to the American selling price. By the time the Kennedy round is fully effective the rate will be 1.7 cents per pound plus 12.5 percent ad `iralorean. Regardless of the reason, benzenoid chemical imports generaily have increased drastically during the past few years, and with the removal of the ASP standard they will go up even further. For a small company, Pfister has taken all available steps to protect its position. First, we spent large sums of money to modernize our facilities. We retained counsel to file an antidumping suit and to file a petition for an escape clause determination. We have been awaiting action by the Government in the antidumping suit for almost 1 year, and we are gathering recent statistics prior to filing our petition for escape clause relief. BON illustrates the unmistakable trend in the benzenoid chemical field generally. Allied Chemical & Monsanto Chemical for instance, have recently decided to abandon H-acid production and other corn- panies such as E. I. du Pont de Nemours Co., Inc., have already abandoned the production of over 40 benzenoid intermediates and 200 dyestuffs. In other words, the larger domestic chemical companies are moving out of the production of benzenoids generally, and BON in particular, in proportion to the increased sales by foreign producers. Pfister differs primarily in that, being a small company specializing in BON, massive conversion to other products is much more difficult, and loss of the BON market has a more drastic impact. But even if Pfister could successfully convert, out of BON production entirely, thus solving its own parochial problems, in the broader sense would this `be the `best solution for the United States, its defense interests, and its economy? It should be clear from this description that efficiency is neither the cause nor a feasible solution. Pfister has modernized its plant, and is regarded as the most efficient producer of BON in the United States. Otherwise we could not have held on as long as we have. But foreign 9~-159 0-68-pt. iO-14 PAGENO="0210" 4650 competitors have also built modern plants. Efficiency is no longer an American monopoly, while on the other hand, foreign labor costs are impossible to match, and price fixing is out of the question. Although the trend is already too clear, the Kennedy round agree- ments to reduce tarriff protection by 50 percent will undoubtedly accelerate it. The selling price of imported BON is already at or slightly below the production cost of the domestic product, but some domestic customers are willing to pay the slight differential because they are reluctant to sacrifice the assurance of a regular domestic source. The Kennedy round reductions will widen the gap and make the struggle that much more difficult. The Kennedy round reductions alone, without dropping ASP, would facilitate reduction of that price to at least 10 cents per pound under our cost. Adding on top of it, however the elimination of ASP as the basis for duties, and substituting foreign value would widen the gap to the point that no U.S. customer of BON could afford to pay the differential in order to preserve his U.S. source of supply. Foreign produced BON could then be sold within the United States considerably below present cost. And this doesn't take into account such other relevant factors as Germany's increased export rebate. The point is that elimination of the ASP standard would by itself have a disastrous effect on the salability of domestically produced BON within the United States. Under these circumstances domestic competition would become impossible, and the United States, including defense production users, would be at the mercy of foreign producers exclusively. Domestic production of BON for export, of course, is already impossible. Elimination of the U.S. domestic market would thus eliminate all U.S. production of EON. The end result should not be underestimated. Production of end use products based on BON as the key intermediate product amounts to almost $30 million annually. With foreign producers of EON able to control their prices, by virtue of their cartel or monopoly positions in their own countries, the price of imported EON, no longer facing domestic competition, could eventually surpass current levels by a wide margin. The former domestic producers, however, having made the painful transition to other fields, if they were able to make that transition at all, would not be inclined to incur the large capital in- vestment required to reconvert their production facilities back again. The higher prices would be here to stay. And because of EON's status as an intermediate product, there would be a multiplied effect on the economy far transcending the effect on the particular companies that currently produce EON. In short, it would affect the. cost of production of allthe end products that utilize EON, and this would in turn affect the price paid for all of these prod- ucts by the American consumer. Moreover, any change in price of these end products would in turn affect their ability to compete effec- tively with their foreign counterparts, both at home and abroad. While I have concentrated my remarks primarily on BON, because of its importance to Pfister, EON is by no means unique. The same basic problem of which EON is merely illustrative, faces the entire benzenoid chemical industry. The benzenoid chemical producers in the United States include both large and small manufacturers. The large manufacturers include Du Pont, Carbine, Monsanto, Allied, Dow, and American Cyanamid. PAGENO="0211" 4651 Other manufacturers, who are highly dependent upon benzenoid chem- ical production include: General Aniline, Harshaw, Sherwin-Wil- liams, American Aniline, Otto B. May, Southern Dye Stuff, Synalloy, Interchem, Sun Chemical and many others. If the U.S. industry goes out of intermediate chemical production, it will not be long before it will be unable to compete in the finished product area as well. Foreign producers will control intermediate prices to such an extent that U.S. producers will not be able to com- pete effectively in finished products, because of the high price of in- termediate chemicals needed to produce the finished products. We therefore urge the committee not to alter the current ASP standard as it now applies to benzenoids and BON. Instead, we urge the committee to develop a system which would protect American producers from the predatory pricing and dumping tactics of our foreign competitors. Once these practices are eliminated or controlled in international trade, we would have little fear of our future even if the ASP standard is eliminated. Finally, as a chemical company, Pfister cannot endorse Ambassador Roth's statement that "It is the chemical industry itself which stands to be a major beneficiary of this legislation." I wishto thank you. The CHAIRMAN. Any questions of Mr. French? We appreciate so much your coming to the committee. Mr. FRENCH. Thank you very much. The CHAIRMAN. Mr. Fiasoli. STATEMENT OP 30HN M. PASOLI, DIREOTOR OP PUBLIC RELATIONS, AMERICAN CYANAMID CO. Mr. FASOLI. Mr. Chairman, American Cyanamid Co. manufactures *and sells chemicals, pharmaceuticals, agricultural, building, and con- sumer products. In its chemical line, Cyanamid includes approxi- mately 1,650 benzenoid chemicals, generally classified as intermediates, rubber chemicals, dyes and textile chemiëals, pigments, pesticides, medicinals, and other fine chemicals. The purpose of this brief is to place in economic perspective the effects of the Kennedy round of tariff reductions and the additional proposed changes in the tariff laws of the United States on the benzenoid segment of Cyanamid's business. CYANAMID'S BENZENOID OPERATIONS-WORKERS-PAYROLL AND TAXES PAID The early history of the Calco Chemical Co~, acquired by American Cyamamid Co. in 1929, illustrates the birth and first stages of devel- opment of the U.S. benzenoid chemicals industry. Before the early 1900's there was virtually no benzenoid industry in the United States; our requirements of dyes and other chemicals were supplied from abroad, principally from Germany. World War I dislocated inter- national trade; imports of essential chemicals were cut off and prices increased 1,000 percent and more. To meet these shortages a group of men formed the Calco Chemical Co. in 1951. A plant was built at Bound Brook, N.J., on the banks of the Raritan River. Their difficult job of pioneering was later described as "learning the hard way." PAGENO="0212" 4652 These men translated the theoretical knowledge found in text books into processes for the manufacture of chemicals. First, they learned how to make aniline, an important chemical used for over 500 of the most common dyestuffs and pigments, and later to become the most important raw material for the sulfa-drugs. Next they learned how to convert na~phthalene into beta naphthol, another key intermediate for. many dyes and pigments. They were on their way, and sharing in the real birth of the chemical industry in this country. The plant at Bound Brook, N.J., has expanded enormously. Its benzenoid business has also given rise to other plant locations. The following chart shows the number of people employed and the annual wages paid, in the benze~noid segment of Cyanamid's business: Plant location Employment Payroll Marietta, Ohio 150 $1,100,000 Damascus, Va 30 150, 000 Willow Island, W. Va 260 1,950, 000 Bound Brook, N.J 2,450 19,520,000 Other locations 10 80, 000 Total 2,900 22, 800, 000 Not included in these figures are the family members dependent on the foregoing breadwinners, the shopkeepers, and retail merchants who depend on that payroll, or other workers at the plants, whose jobs depend on providing services to employees directly engaged in ben- zenoid production and research. Cyanamid's benzenoid business pays the Federal Government mil- lions of dollars each year in taxes. Other taxes are also derived from this business. For example, in 1967 the Bound Brook, N.J. plant alone paid some $1.2 million to its home community of Bridgewater Township, 18 percent of the total municipal and school budgets. Tariffs and their reduction have, therefore, an impact which extends beyond the immediate adverse economic effect on this segment of Cyanamid's business. NATTIRE OF BENZENOID INDUSTRY. Benzenoid chemicals constitute an extremely complex and inte- grated industry. From a few basic materials which, if imported, are in most cases free of duty, stem a very large number of interrelated compounds known as intermediates, which by many and different chemical processes, are converted into a wide diversity of finished goods such as organic dyes, pigments, rubber chemicals, pharmaceuticals, fine chemicals or explosive. Because of the interdependent of chemical manufacturers, the increasing importation of intermediates, further facilitated by the reduction in tariff rates, will adversely affect not only the manufacturer of a specific item, but manufacturers of the raw materials going into it, and of the products made from it. The attached charts (exhibit I) demonstrate the chemical develop- ment end uses of the derivatives of three of the major intermediate chemicals made by Cyanamid. Aniline oil, for example,is a source of 838 dyes and pigments, 24 medicinals, 16 rubber chemicals, and three products for explosives. PAGENO="0213" 4653 The many products and applications of benzenoid chemicals and their derivatives have resulted from intensive research over the years in this chemical area. Recent figures indicate that Cyanamid reinvests over 6 percent of its affected benzenoid chemical sales dollar in research and this percentage has been increasing each year. Some amazing results have been obtained not only in original uses, such as more efficient dyes and pigments, but also in areas which might be* considered distant from the generally industrial uses of benzenoid~: in the late 1930's and early 1940's sulfa drugs-which are still sig- nificant drugs in the fight against infections in man and animals- were developed from benzenoid chemical research; more recently methotrexate, which has been termed one of the most significant drugs in cancer chemotherapy, owes its discovery to basic research in the benzenoid area. Rubber chemicals, which give longer life and greater dependability to tires and other important rubber products also result from Cyanamid research to find iIew benzenoid chemicals. The list of Cyanamid accomplishments could be continued, and other American companies in the benzenoid industry could swell the li~t with their own research discoveries, such as nylon and other man- made fibers, synthetic rubber and leather. It should also be mentioned that under the Defense Production Act many millions of dollars of U.S. produced benzenoid chemicals- pesticides, dyes, intermediates and rubber chemicals, sulfonamides, and organic pigments-have been classified as "strategic materials" in the Nation's military, atomic energy and other defense programs. While benzenoid chemicals are important in themselves, they reach far out of their immediate field and affect most areas of the United States economy. Just as there is a chemical and economic interrelationship in many areas, there is close interrelationship in the production of benzenoid products. Numerous and varied manufacturing steps, reactions and conversions, are required to produce the desired end products. Each of these steps requires a great deal of labor. The American working- man's rate of pay is the highest in the world; the highest wage rate for the chemicaJ industry among foreign countries does not amount to half the U.S. hourly rate. (See exhibit II). COMPARATIVE PRODUCTIVITY AND EFFECT ON IMPORTS/ExPORTS The usual axiom give.n in mitigation of comparison of hourly rates-that the American worker earns more but also produces pro- portionally more than a foreign laborer-does not hold true in the ebermeal field. According to a recent report (Tariffs and the United States Ben- zenoid Industry-SOCMA (May 1966) chart III), four large Ger- man chemical companies averaged almost half again as much in sales income per manpower cost unit as did five large TJ.S. chemical com- panies having a comparable product mix. The German companies sold $4.87 of product for every dollar of employee cost while the U.S. companies sold $3.31. Another index of productivity which is useful when comparing companies or industries in different countries, is measured by cal- PAGENO="0214" 4654 eulating the ratio of the dollars of value added to the dollars of em- ployee cost. Comparing companies with substantially the same product line, Japanese chemical companies have the highest produc- tivity with a ratio of 3.03, followed by Germany with 2.55, United States 2.00, and United Kingdom 1.70 ("Financial Comparison of World Chemical Companies"-C. P. Neidig-Financial Analysts ,Journal, January-February 1968). Labor, most other elements of cost, and other factors such as ration- alization of production by foreign competitors have long since placed European chemical companies among the leading international traders of chemicals. Long a lawful business practice on the Continent, the dividing of production among competitors has recently been proposed by the Goivernment of the United Kingdom as justified and desirable (Chemical Age 1968, May 11, p. 12). Domestic industry has not been able effectively to overcome these advantages held by the foreign producers. For example, in 1966 exports of dyes from Germany were 61 percent of the value of the dyes produced there: from the United Kingdom 49 percent; from Switzerland 112 percent. Switzerland exports more than it produces because its exports include some imported dyes. By con- trast, the United States exported only 8 percent of the dyes which it produced in 1966 (The Chemical Industry 1966-67, Organization for EcOnomic Cooperation and Development, table 7, p. 103),. Cyanamid's own experience has been less than the U.S. average, with only 3 percent of its annual dyes sales derived from exports. It is not surprising,. therefore `that imports of bonzenoid chemicals into the United States showed a remarkable increase during the 1960's (exhibit III). These large increases in imports occurred before the tariff reductions made in the Kennedy round. IMPACT OF KENNEDY ROUND REDUCTIONS IN DUTY It is not possible for a businessman to predict with certainty what his competitor will do. But considering that the foreign benzenoid chemi- cals producer is already `being given in five equal stages,. starting January 1, 1968, a 50-percent reduction of tariffs, the foreign pro- ducer may take any one or more of the following three steps: 1. Reduce his export prices to the United `States in an amount cor- responding to the amount of tariff reduction;' 2. `Maintain previous prices' and pocket the added profit resulting from reduced tariffs; 3. Maintain previous prices and use the added income to increase advertising, sales manpower, technical service, and other selling pres- sures in the United States. Based upon previous experience, Cyanamid expects that the major reaction at least by some foreign producers will be price reduction. Domestic. suppliers, in order. to remain competitive, must also reduce prices. The net effect of this interplay of competitive factors will be overall price reduction. There have already, come to our attention since the 10 percent reduction in tariff on January 1, 1968, several examples of reductions in price of imported benzenoid chemicals: PAGENO="0215" 4656 Product ~ Price Before Jan. 1, 1968 Ja After n. 1, 1968 Crude phthalo blue Tobias acid $1. 01 67 $0. 93 65 Gamma acid . 1. 43 . 1. 39 Dichioroaniline .70 .68 It cannot definitely be said that these price reductions were solely the:result of the tariff reductions; other economic factors may have played a part. But it is certain that the reëent tariff reduction facili- tated them and that future committed tariff reductions will, in time, permit corresponding reductions. (Jyanamid has studied the effect on its benzenoid sales of the 50- percent tariff reduction accompanied by a corresponding reduction in import prices. The benzenoids are an important part of Cyanamid's business. We estimate that, on this basis, we will lose about 8 per- cent of the affected benzenoid sales dollars and about 42 percent of net earnings from such sales. This estimate assumes that the quantity of material sold will continue at present levels to permit the continued benefit of present volume production. But one of the damaging ef- fects of tariff reduction is that the domestic producer loses not only sales dollars but sales volume as well. The economic effects precipitated by tariff reduction continue be- yond direct losses in sales, earning in market volume and employ- ment. As sales decrease, the revenue available for research programs also decreases, and the outlook for a technically based industry in which research is not appropriately continued is pessimistic. Although no one can assure results in the research area, the loss' of future benzenoid chemicals research, in the light of its past contributions, must be considered a decisive loss. In addition, decreased sales and earnings of benzenoid chemicals must result in higher prices for or absorption of greater costs by other products of Cyanamid As has been noted several times, benze noid chemicals cannot be completely isolated; they are, within Cyaña- mid, produced at facilities which also manufacture other products which are not chemically related to the benzenoid group. If the ben- zenoids fail to carry their share of fixed charges at such a plant, those charges must be allocated to the cost of sales of the remain- ing products. Over and above monetary losses is the consideration `of the im- portance of benzenoid chemicals to many industries. For example,- without an:tioxidants, such as Cyanamid's 2240, the prodOction of synthetic rubber cannot continue because the `synthetic rubber prod- ucts would soon deteriorate. The realities of business economics could lead Cyanamid to discontinue this product. In the national interest, the United States `should not become dependent on imports of such vital chemicals in the manufacture of synthetic rubber products; and, this is equally true of a great number of the benzenoids. PAGENO="0216" 4656 It is not intended at this time to forecast the Cyanamici's entire benezenoid chemicals business will be discontinued as a result of tariff reductions. Certainly, continuing studies are being made of new proc- esses and improvements in the interest of reducing costs of produc- tion of benzenoicls; where economically practicable those improve- * ments and new processes will be made. But, it is inevitable at the very least that some products will be discontinued, many are likely to be discontinued, and that production volume will be curtailed be- cause of competition from imports. Such curtailment and shutdown of production will idle workers when we are expected and want to take on employees. Organized labor is acutely aware of this problem and went on record at the last AFL-CIO convention as supporting tariff protection where workers jobs were jeopardized by foreign imports. A poorly considered decision in the tariff area can erase the jobs of many of the near 3,000 employees engaged by Cyanamid in the benze- noid chemicals area. At the very least, the stunted growth of that area will not provide added employment for the ever-increasing work force of the United States.. KENNEDY ROUND WILL RESULT IN INCREASED IMPORTS BUT EXPORTS WILL NOT INCREASE The leading purpose expressed in the Trade Expansion Act of 1962 is "to stimulate the economic growth of the United States and main- tain* and enlarge foreign markets for the products of United States * * * industry * * ~ Public Law 87-794, section 102,19 United States Code section 1801 (1962). That congressional intent has not been ful- filled by the negotiators; in fact, even greater hurdles will be placed in the way of the export of American benzenoid chemicals, as con- trasted with the freer economic ability of foreigners to sell such chemicals in the U.S. market as a result of the concessions made by our negotiators. While foreign countries agreed to a tariff reduction, the tariffs of some of the European countries are being raised as the result of the Common Market's policy of "harmonizing" at a single tariff rate for the entire European Economic Community. Second, the Common Mar- ket countries are in the process of harmonizing their border taxes and export rebates, by shifting from the "cascade" type of turn- over tax systems to a uniform value-added turnover tax (TVA) sys- tem. These taxes provide trade barriers over and above tariffs, and the charges are part of the cost of exporting to these countries. For example, before January 1, 168, Germany imposed a cascade- type turnover tax under which each import of a product into Ger- many, was taxed at the regular rate of 4 percent of the selling price including the tax. After the first of the year, Germany changed to a TVA system; products of U.S. manufacture imported into Germany are now burdened with an initial tax of 10 percent at the border. In addition, there will be a tax burden on subsequent sales in Germany limited to 10 percent of the value added after importation. On July 1, 1968, the rate will be increased to 11 percent. PAGENO="0217" 4657 The inequity of the bargain made by U.S. negotiators is illustrated by an in-depth consideration of the landed values, in the United States and in Germany of three products, vat blue 6, beta naphthol, and sulfamerazine. Beta naphthol is the prolific intermediate already de- scribed; sulfamerazine is a drug used in human and veterinary mecli- cine; vat blue 6 is a widely used dye. VAT BLUE 6 [Dollars per poundj United States to Germany Germany to United States Pre-1968 July 1968 1972 Pre-1968 July 1968 1972 Base price $2.79 $2.79 $2.79 $1.45 $1.45 $1.45 Ocean freight 045 . 045 - 045 . 029 . 029 . 029 Insurance .009 .009 009 .0047 .0047 .0047 Duty .392 .369 .284 1.116 1.004 .558 Border taxi .129 .353 .469 Custom brokers and forwarding fee . 02 . 02 . 02 . 02 . 02 . 02 Export rebate (.058) (.159) (.218) Landed Value 3.385 3.586 Change in landed values from pre-1968 level - 201 Difference between import (landed value) and local base price 1.935 2.136 BETA NAPHTHOL [Dollars per poundj Base price $0.30 $0.30 $0.30 $0. 16 $0. 16 $0. 16 Ocean freight - 017 . 017 . 017 . 0185 - 0185 . 0185 Insurance 001 .001 .001 .0006 .0006 .0006 Duty .047 .046 .046 11 .10 .055 Border taxi .015 .040 .055 Custom brokers and forwarding fee * 02 - 02 - 02 - 02 . 02 - 02 Export rebate (.0064) (.0176) (.024) .424 .439 .3027 .2815 .2301 .024 .039 (.0212) (.0726) 279 . 0027 (.0185) (.0699) SULFAMERAZI NE - [Dollars per poundj Base price $4. 019 $4. 019 $4. 019 $2. 395 $2. 395 $2. 395 Oceanfreight - 12 - 12 . 12 - 0395 . 0395 0395 Insurance .014 .014 .014 - 008 .008 .008 Duty 515 .465 .465 .83 .743. .415 Border taxi - ~ .508 .693 Custom brokers and forwarding fee - 02 - 02 . 02 . 02 - 02 . 02 Export rebate (.096) (.263) (.360) Landed value 4.874 5.146 5.331 3.1965 2.9425 2.5175 Change in landed values from pre-1968 level .272 - 457 (.254) ( 679) Difference between import (landed value) and local base price 2.479 2.751 2.936 (.8225) (1. 0765) (1.5015) i Border tax used on duty paid value: 4 percent pre-1968, 11 percent July 1968 and an estimated 15 percent in 1972 and after repeal of ASP. In return for reducing the U.S.-landed cost of vat blue 6 by 72 cents per pound, beta naphthol by. 7 cents per pound, and sulfamerazine by 68 cents per pound, the American producer of those products can ex- pect the landed cost in Germany to go up 23 cents per pound for vat . 264 3.617 2. 5617 2.3487 1.8437 .232 (.213) (.718) 2.167 (.2283) (.4413) (.9463) Landed Value 40 Change in landed values from pre-1968 level Difference between import (landed value) and local base price - 24 PAGENO="0218" 4658 blue 6,4 cents per pound for beta naphthol, and 46 cents per pound for sulfamerazine as the result of the Kennedy round reductions. There are other factors in addition to import duties which restrict the ability of Cyanamid `and other American firms to maintain and enlarge foreign markets for benzenoid products. Other considera- tions are: patent laws which require licensing of patents to local firms if the patented products are not manufactured locally; charges, such as consular fees, surcharges and prior deposits; international loan and trade agreements; low local prices which, if met by an importing U.S. firm, could lead to charges of dumping; `and other worrisome factors such as currency exehan~e restrictions, import licenses, and unreason- able documentation requirements. Restrictive policies of foreign coun- tries or competitive circumstances in most eases compel location of facilities overseas if we are to compete successfully in the foreign markets. In addition, by constructing manufacturing plants in foreign countries, the manufacturer equalizes the disparity which inherently exists in trading between distinct economic and political sectors of the world; capital, labor, freight, and the other costs which are determina- tive of business success are than on a par with competition. It cannot be hoped to equalize international trade by adjustment of tariffs only; the other and more dominant business realities which have been out- lined must also be considered. AMERICAN SELLING PRICE BASIS OF VALUATION SHOULD BE RETAINED: REPEAL WILL CAUSE ADDITIONAL DAMAGE To this forbidding picture for the benzenoid business of Cyanamid, it is now proposed by the administration, as part of its "bargain" in the recent negotiations, that the American selling price method of valuation be repealed. There is no great complexity to the American selling price method of valuation; under this system the base used for computing the tariff on benzenoid chemicals is the price charged for similar goods by American manufacturers in their own highly com- petitive market, instead of the export price. Enacted in the l9~O's, the American selling price method of valuation has proved to be a work- able system; domestic prices for materials are readily available, whereas foreign manufacturers, not governed by laws such as the Robinson-Patmafl Act, offer varying prices in their home countries and, understandably, are quite secretive about the charges. Indeed, the workability of the American selling price method of valuation recom- mends it for adoption outside the severely limited area of its applica- tion under the present law. The American selling price basis of valuation seeks to compensate for the disparity in costs between foreign and domestic production, and, in fact, imports of benzenoids have been increasing sharply despite the American selling price basis of valuation. The damaging effects which have already been detailed in the con- PAGENO="0219" 4659 text of the 50-percent reduction will be compounded by repeal of the American selling price. Considering again the examples of vat blue 6, beta naphthol, and sulfamerazine, the U.S. landed value of those products will have decreased markedly. The following charts show the increased ability of foreign importers to take customers away from Cyanamid or to compel Cyanamid to make costly price reductions, as the result of the already agreed and proposed tariff reductions. VAT BLUE 6 [Dollars per poundj United States to Germany Germany to United States Pre-1968 ASP repeal Pre-1968 ASP repeal Base price $2.79 $2.79 $1.45 $1.45 Ocean freight . 045 . 045 . 029 . 029 Insurance .009 . 009 . 0047 . 0047 Duty .392 .284 1.116 .435 Border taxi .129 .469 Custom brokers and forwarding fee . 02 - 02 - 02 - 02 Export rebate (.058) (.218) Landed value 3.385 3.617 2. 5617 1. 7207 Change in landed values from pre-1968 level - 232 (.841) Difference between import (landed value) and local base price - 1. 935 2. 167 (.2283) (L 0693) BETA NAPHTHOL Base price $0.30 $0.30 $0.16 Ocean freight - 017 - 017 - 0185 Insurance .001 .001 .0006 Duty .041 .029 .11 Border taxi $0.16 . 0185 .0006 .044 .015 .052 Custom brokers and forwarding fee - 02 - 02 - 02 Export rebate (.0064) - 02 (.024 Landed value - 40 - 419 - 3027 Change in landed values from pre-1968 level . 019 Difference between import (landed value) and local base price .24 . 259 - 0027 - 2191 (.0836) (.0809) SULFAMERAZINE Base price $4. 019 $4. 019 $2. 395 $2. 395 Ocean freight .12 J2 0395 .0395 Insurance .014 .014 .008 .008 Duty ~515 .291 .83 .612 Bordertaxi .186 .666 Custom brokers and forwarding fee . 02 - 02 - 02 - 02 Export rebate (- 096) (.360) Landed value 4.874 5.13 3.1965 2.7145 Change in landed values from pre-1968 level - 256 (.482) Difference between import (landed.value) and local base price - 2.479 2. 735 ( 8225) (1. 3045 i Border tax used on duty paid value: 4 percent pre-1968, 11 percent July 1968 and an estimated 15 percent in 1972 and after repeal of ASP. PAGENO="0220" 4660 To demonstrate that the products listed in the above charts are not unique, there are listed in exhibit IV similar ~tatistics for seven additional sulfa drugs, 44 dyes and textile chemicals, six organic pig- ments, nine rubber chemicals, and 18 intermediates. These products are a representative sampling of Cyanamid's benzenoid chemicals product line. It is evident, therefore, that the damaging effects of the 50-percent reductions in tariff rates already granted by the TJnitecl States will be compounded seriously by a further reduction under the guise of the mere repeal of the American selling price method of valuation. It was previously estimated that the 50-percent tariff reduction would cost Cyanamid 8 percent of its sales dollar and 42 percent of its earnings from its affected benzenoid business. It is further esti- mated that repeal of ASP will result in further losses in the affected benzenoid area of 3 percent of dollar sales and 15 percent of its earn- ings. The total estimated damage from both reductions is 11 percent of sales dollars and 57 percent of profit. CONVERSION OF DUTIES WILL NOT PROVIDE EQUIVALENT DUTIES The solution does not lie in the recent attempt of the Tariff Com- mission to "convert" existing rates of duty based on American selling price, of the thousands of chemical products concerned, to a rate of duty, based on export value, to provide an amount of duty on such imports presumably equivalent to the amounts now collected. The attempt did not include a study of the adverse effects on the domestic industry from such a conversion. The basic starting point in the determination of an equivalent rate of duty is knowledge of export value. Competitive foreign prices of the number of products which concern us are not known, much less obtainable through published price schedules. Domestic selling prices are, of course, published here and are readily available in our market. The report of the Tariff Commission admits the lack of complete information on foreign prices. The attempt to establish a schedule of rates of duty to produce an amount of duty equivalent to that now collected has several defects. For example, foreign competitors, by lowering the price for exports, could cause a different amount of duty to be collected; the basis of valuation would be transferred to the control of the foreign competitor. Another defect of this attempt arises from the failure to set forth the benzenoids in questiOn on an item-by-item basis. By resorting, in- stead, to a single test year (1964) and basket clause treatment of a whole host of benzenôids, the tentative converted rates result in an improper grouping of competitive and noncompetitive beuzenoids, thereby increasing the duty on noncompetitive benzenoids, that is to say, those which are not produced in the United States, and lowering PAGENO="0221" 4661 the duty on competitive benzenoids, that is to say, those which are produced in the United States. The most equitable and workable system of valuation is the Amen- can selling price method. It does not impede trade with the United States and simultaneously provides safeguards for equitably compen- sating for the disparity in the comparative costs of production between domestic and foreign producers. Accordingly, the American selling price basis of valuation should be retained. EXTENSION OP AUTHORITy TO THE PRESIDENT TO FURTHER REDUCE DUTIES The large reductions of duties negotiated under the recent Kennedy round will cause serious dislocations in the chemical industry. Their effects cannot be anticipated fully at this stage. The results of the drastic duty reductions must be studied carefully. Adequate remedies must be provided to prevent industries or segments of industries essen- tial to our economy and growth from being damaged beyond repair. While no objection is raised to granting to the President authority to "housekeep" the negotiations already completed, no additional authority to negotiate any further reductions in duties should be granted at this time. The extended authority to the President as proposed in H.R. 17551 should be so restricted. ADJUSTMENT ASSISTANCE It is unfortunate that the concept has developed that segments of American industry can be sacrificed as the result of trade negotiations. The safeguard of "peril points" which for several years was the standard provided by the Congress to govern the extent of tariff cuts which the President could negotiate was based on a much more sound base. There the policy was to prevent injury rather than grant relief from injury after it has happened. The proposed amendment of this provision in H.R. 17551 changing the causal factor from "major" to "substantial" is a step in the right direction to remedy the deficiency of the existing provision under the Trade Expansion Act of 1962. However, adequate provision should be made to permit an escape from injury or threat of injury resulting from increased imports. An adequate escape clause should provide relief to an industry in the form of appropriate tariff adjustment.. American Cyanamid Co. appreciates the opportunity of filing its views at these hearings on a subject of vital concern to the present and future of our economy. (Exhibits referred to follow:) PAGENO="0222" DERIVATIVES OF ANILINE OIL ~bt 7 Page 1 ef 3 YYENYL~*CID 1 -~ [ ~*S**31DODEY&*#I&IDE 13 DYES ~PIDaEDYD 1 D~E __________ ~[PYEaYLE~LaDOL~DS IEThY~DlL~ODlC*DlE1 $IT:OSODIaEThYY.aalueE _____ _____ ~aee*e*~YmY~sEl _____ _____ _____ aEYDY~*DILIDE _____ __________________ __________________ I ~ I TED *EDD Dl J ~ _______ ETYYL~I$E ~J[DIETYY~OPY~1. I ~I 1 DSTYODITRDYNILI$E~] ~ DIDDDESDDSYS L ~ : DYES&PIGDS$TD 13 DDSSDTIDDEDTS I DYSS&çIGDEYYS D*DOSSDDSDESULTOYlC~J*~ lDlSTYYDl~lllSDlll.TODlCDClDI* 1SDYSS&EDIISYTS *DILI$EOISDAICID H DlSTYYLaY1LlY~J~e DDYSD DISSYZ*YYIIDD$E 1DDYSD&T~a5DYS P*Y*So3*YIUDE S DYSS&TIDDSDYD TYSDYL PEEl IDlY j YYIDDIU~#E DlDa3E1II3DE1~5S~:DElH 4 Tl1E~DDD*eDl3 j Y3I~ODDYSSD~SDS f C TDSYYLI[mYLTYS*DYLDDE 3D4ED jHITE~rD.I Cl DU~DZIUC*DIDI LIID0ADOSEYZEDE 1 SEYDDDIIIDDE ~ DODDES&~TlG3EITS I PYEDYLDIETY*DOLIIIDE f~-1I £DSYDDYST*YILID 1.Ca~I 79 DTES&gICIE,ITS ~J[~S*TYSIYLDIS 4. 91YT*lDE938 D19l&S1lISIIYD24 $SYl~Yl*lD. 16 EISSSSDID3D*Ll. 3 DSIYDDYYEI&I1*EDSSITIED~7LY1(C3I~SSI*ZETSI9*EI(DED~.j ANILINE OIL PAGENO="0223" DERIVATIVES OF ANTHRAQUIpjON~ Exhibit I Page 2 of 3 _____ E1~ _________ 2-CCLOROANTCR000000f PIGOENT!xOLtI ~ [~SuLfoxxme*au~ooe]...... I~~[*eexeE}...... ~IIII___ ANTHRAQUINONE PAGENO="0224" -~ L~ x.ea~e~J Exhibit I Page 3 af 3 DERIVATIVES OF BETA NAPHTHOL ae.x~*eeeat~e!atLtttx~1 ~ ~ ~f;:~~ ~;~~1*~: ~BETA NAPHTHOLI ~ aaee~aa~Eae PAGENO="0225" United United Federal States Kingdom Republic of France Italy Japan Germany 1960 $2.50 $0.92 $0.68 $0.60 $0.39 $0.42 1961 2.58 1.00 .64 .43 .46 1962 2.65 1.03 .84 .68 .49 .51 1963 2.72 1.10 .92 .74 .56 .56 1964 2.80 1.18 1.00 .79 .65 .61 1965 2.89 1.28 1.09 .84 .67 .65 1966 2.98 1.37 1.16 .87 .71 (2) 1 Sources: U.S. Department of Labor. Year Book of Labour Statistics, ILO, Geneva. Ministry of Labour Gazette, London. Annual Abstract of Statistics, Central Statistical Office, London. Statistical Year Book for the Federal Republic of Germany Statistical Office of the European Economic Community. Rassegna di Statistiche del Lavoro, Rome. Wages in Japan and the United States (U.S. Department of Labor), 2 Not available. U.S. IMPORTS.OF BENZENOIDS .1963 - 1966 Ddlfars and Pounds ~n Millions Exhibit 111 1964 1963 Lbs. $ Key: BENZENOID INTERMEDIATES FINISHED BENZENOID PRODUCTS* 1965: Lbs. $ MED ~NALS* E~:~pIGMENT5* 1966 4665 EXHIBIT II COMPARISON OF HOURLY WAGE RATES (CHEMICAL INDUSTRY)1 SouTce:L1.S. lariff Commission Reports, 1963, 1964, 1965, 1966. 95-159 0-68--pt. 1O-15 PAGENO="0226" 0~ ~ CI) ~- *~; 0~ I- C) 0 LU ! CO - o_ - ~ LUG) ~ ~ -~ < LU = ~ C) o_ 0 0 (,)CI) CI) CI)Cl) CI) CI) C,, C) = C) -J I- 0 C,) 0 I- C) 0 0 0~ LC ~ C~JL() C~)r- ~ CI) C~JC~JC)~ c~C))~ f~ ~ r~ c~C)C.J f~ C))N~ C~J (00 (0,-~0LC) ~-(CI) C))0 CO * (CC ~`~` ~ 00 r-LnLc) 0 ~~C) C~J0c'4 c)CI) (00 OCO (OC))CO r-(t) (000 t~~0 ~(~Ø)L)~ ~ ~ (0W,~ C4,-GLflC)) ~ _-~ ~~--~-- I ::::I: CO C) I I ~ F~COCO ~c9 ~ ~ C,, I- C, 0~ C) C, 0 C) 0 0 0~ EEEEEE ri»= PAGENO="0227" 4667 EXHIBIT IV-Contjnued BENZENOID CHEMICALS-TYPICAL EXAMPLES OF IMPACT-Continued PRODUCT AREA: RUBBER CHEMICALS [Prices per pound] Price of foreign product Product Tariff 1966 cyanamid classification list price ~ landed in United States -- After 50 percent 1966 duty cutand abolition of ASP Antioxidant 425 403.60 $1. 97 Antioxidant 2246 403.60 1. 00 Cydac 403.60 .71 Diphenylguanidine 403. 60 * 43 Mercaptobenzothiazole 403. 60 . 44 MBTS 403.60 .54 NOBS No.1 403.60 .71 NOBS special 403. 60 . 71 ZMBT 403. 60 . 55 $2. 61 $2. 4 3 1.35 1. 25 .65 i~52 . 59 . s2 . 46 38 56 *46 .95 .87 . 95 . 87 . 53 1 . 42 PRODUCT AREA: INTERMEDIATES 2-naphthol.3, 6-disulfonic acid, disodium salt 403. 56 $0.92 Toluene.2, diamine 403. 56 1. 07 2-naphthol.6.sulfonic acid sodium salt 403. 62 . 82 2~amino-1.naphthalene sulfonic acid 403.66 . 71 Aniline oil 403.66 14 $0. 85 1 $0.73 . 85 1 .70 . 75 1 59 . 86 . 76 19 . Aniline hydrochloride 403.66 .33 O-benzoyl benzoic acid 403. 66 . 49 N,N-diethylaniline 403.66 55 . . 14 . 31 1 .22 . 51 . 41 . N,N-dimethylaniline 403.66 .22 Diphenylamine 403.66 .29 . . 43 .33 .29 2-methylanthraquinone 403.66 1.92 Nitrobenzene 403.66 .095 .39 .33 2. 12 1. 87 O.(p.toluyl)benzoic acid 403.66 1. 05 2-hydroxy.4-methoxy benzophenone 403.66 3.90 2-hvdroxy.4.m-oxtoxy benzophenone 403.66 3. 50 o-phenylene diamine 403.66 1. 55 »=-naphthol.6,8.disulfonic acid, dipotassium salt 403.66 . 80 Sulfanilic acid 403. 66 .21 .10 .78 1 56 4. 91 4. 42 3.90 3. 37 1.04 1 * 71 . 70 1 54 . 38 . 35 I The price advantage already enjoyed by imports over cyanamide products will be further aggravated by the duty cut and abolition of ASP. 2 The price advantage already enjoyed by this imported product over cyanamid's list price will be further aggravated by the duty cut and abolition of ASP. The CHAIRMAN. We appreciate so much your coming to the commit- tee. I want to congratulate all of you and thank you for this high degree of cooperation with us today in coordinating your testimony. It has been very helpful to us and certainly all the members of the committee will have an opportunity to give their careful consideration to it when we get into executive session. That completes our caJendar. Without objection the committee adjourns until 10 o'clock Monday morning. (The following statement was received, for the record, by the committee:) STATEMENT OF G. L. TICKNER, EASTERN MANAGER, PIGMENT, COLOR AND CHEMICAL DEPARTMENT, THE SHEEWIN-WILLIAMS Co. Since World War I Sherwin-Williams has produced Benzenoid Intermediates and Pigments at a multi-million dollar investment at Chicago, Illinois. Our entry into this field was necessitated by the European hostilities which cut off our sources of supply. Approximately 550 people currently are employed with a payroll of just under three million dollars per year. Included in this effort is a PAGENO="0228" 4668 major research and development program. Our Chicago output is sold in the commercial market place and is also used In the manufacture of our coatings. Sherwin-Williams is a member of both the Synthetic Organic Chemical Manu- facturers' Association and the Dry Color Manufacturers' Association. We are in full and complete agreement with the position adopted by these two groups on Title IV of H.R. 17551. In September 1966 our company appeared before the Tariff Commission ,and indicated "We anticipate being completely forced out of the Benzenoid Intermedi- ate and pigment business by foreign producers in most areas of current activity" if there were a 50% cut in tariff rates and if the American Selling Price method of tariff evaluation were eliminated. The 1966 statement still represents the position of the Sherwin-Williams Company. During the 1966 Tariff Commission hearings our cost and profit figures were submitted on a confidential basis to strengthen and justify our testimony at that time. These figures indicated that our Intermediate business would operate at a pro-tax net loss and that our organic pigment business would produce a net profit of less than one quarter of one per cent. It was, and still is, obvious that we must not invest our stockholders' money in enterprises carrying such a return. As a result of the conclusion of the Kennedy Round we are now faced with a 50% cut in tariff protection in the products which we produce. This has led us to re-evaluate many of our current Benzenoid activities. Several promising re- search projects have been halted and we have decided that substantial quantities of equipment will not be replaced when it outlives its utility. Other programs have been curtailed. These have been painful decisions for our management but they inevitably follow from a careful assessment of our ability to compete with low-cost overseas producers of labor-intensive products. Elimination of A.S.P. will certainly aggravate our current problem and lead to further curtail- ment of our Benzenoid program. As we see the alternatives, in most cases we must either cease the production of our products and import from overseas or else we must invest our capital overseas to produce Benzenoids for the U.S.A. markets. In either case the effect on the nation's balance of payments is harmfuL Ambassador Roth has offered the opinion that under the separate package there will be "An exchange for fair and new opportunities for growth in the in- dustry affected." For many years Sherwin-Williams has maintained a chemical export sales group for products manufactured by us. This group has carefully considered the opportunities which would follow from the implementation of the Benzenoid separate package. The results of this study clearly indicate to us that there is no significant advantage in our export efforts. In too many cases the reduction projected in foreign tariffs is more than offset by increases in turn-over taxes and other non-tariff barriers in foreign markets. Our conclusion is that the adoption of the separate package will be a severe blow to the health of our Benzenoid operations with no compensating advantage to us in our export efforts. In view of this we urge the House Ways and Means Committee to recommend that the Congress maintain the American Selling Price system of customs evaluations on imports of Benzenoid chemicals. (Whereupon, at 1:01 p.m., the committee adjourned to reconvene at 10 a.m., Monday, July 1, 1968.) PAGENO="0229" FOREIGN TRADE AND TARIFF PROPOSALS MONDAY, JULY 1, 1968 HOUSE OF REPRESENTATIVES, COMMIITEE ON WAYS AND MEANS, Washington, D.C. The committee met at 10 a.m., pursuant to notice, in the committee room, Longwort}i House Office Building, Hon. Wilbur D. Mills (chairman of the committee) presiding. The CHAIRMAN. The committee will please be in order. Our colleague from New Jersey, Mr. Rodino, is our first witness. Welcome, Mr. Rodino, proceed as you see fit. STATEMENT OP HON. PETER W. RODINO, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP NEW JE.RSEY Mr. R0DIN0. Thank you for the opportunity to present my views on one very important aspect of the tariff and trade proposals which the Committee on Ways and Means is now considering. At the outset, let me state that I am not a protectionist. I have al- ways been, and I continue to be, an ardent advocate of freer trade among the free nations of the world. But freer trade is an elusive goal that aborts fulfillment unless there is genuine give and take on the part of each of the trading partners. The erosion of this Nation's once healthy balance of payments is a nagging reminder of the pitfalls of unreciprocal negotiations and unreciprocal agreements. The reported trade deficit for the month of May, the second deficit in 5 months, makes serious cause for con- cern that our trade policy is not accomplishing the objectives of those who are responsible for its execution. To be sure, there has been give and take across the international bargaining table. But it has been a strange variety of give and take. Most of the "give" has been on our side; most of the "take" has gone to our trading partners abroad. The latest and by far the most glaring example of the "we give- they take" approach to trade negotiations involves the American sell- ing price, the traditional and time-tested basis of valuation of ben- zenoid chemicals for tariff purposes. Instead of exacting 50 percent tariff reductions from these trading partners roughly equal to the concessions they obtained from us in the Kennedy round package, our negotiators agreed to accept mere 20 percent cuts from the United Kingdom and the EEC in the chem- ical sector. (4669) PAGENO="0230" 4670 For reasons that have never been satisfactorily explained to me, the American negotiating team at Geneva saw fit to go beyond the authorization granted by the Congress and agreed to seek the elimina- tion of ASP and to tariff reductions considerably in excess of 50 percent. In return for this unwarranted and unauthorized concession, the American negotiators could not achieve anything better than a promise from our principal trading partners abroad that they would return to us the other 30 percent of their reduction owed us from the Ken- nedy round which had been withheld as a "hostage." This patently unreciprocal exchange has come to be known as the separate package because it overstepped the bounds of congressional authority and now requires exf~licit approval by the Congress if it is, indeed, to become effective. In the meantime, it has come to my attention and to the attention of many other Members of the Oongress that many of our trading partners abroad have already increased their border taxes to levels that more than offset the tariff reductions which they agreed to make at Geneva, so that the net effect, once again, is all give on our part and all take on their part. Their cost of entering the u.S. market is sub- stantially reduced, but our cost of entering their market remains ap- proximately the same. This tampering with border taxes cannot be ignored because it poses a serious threat to our already troublesome balance of payments and negates even the pretense of reciprocity in the Geneva agreements. One cannot help but wonder why the U.S. negotiating team- which did not hesitate to put ASP on the sacrificial bargaining block although it lacked authority to do so-did not affirm~ tively deal with these border taxes by insisting that they be eliminated. Border taxes knock the Geneva agreements for a loop-the strangu- lating loop of a giant question mark and the one-sided, unreciprocal increases in these border taxes place the entire results of the negotia- tions under a cloud of ominous doubts. Yet long before the border tax began to attract attention and spread the seeds of suspicion, many of us who were closely watching the progress of the talks at Geneva were concerned over the willing- ness of our negotiators to sacrifice ASP, regardless of the benefits promised by our trading partners by way of exchange. The New Jersey congressional delegation joined, and remains united, in a rare, bipartisan, unanimous declaration urging the reten- tion of ASP. On June 30, 1967, the entire congressional delegation-nine Demo- crats and six Republican Members of the House and our two Senators, one a Republican and the other a Democrat-wrote to Ambassador William M. Roth, the President's special trade representative who has already appeared before your committee. We requested Ambassador Roth to release the Tariff Commission's findings and conclusions on the economic impact of abandoning ASP and reducing the converted rates by 50 percent. As of this day, we still do not know the extent of injury that had been projected by the Tariff Commission, although we have reason to believe even on the basis of a 50-percent reduction in converted PAGENO="0231" 4671 rates it was quite severe, particularly in the dye and pigment section of the benzenoicl industry. Since those original projections, moreover, the anticipated extent of injury has been worsened by the unfavorable effects of the flagrant increases in border taxes and export rebates among our trading part- ners in foreign lands. New Jersey has a vital stake in the retention of ASP because it is the largest dye- and pigment-producing State in the Nation. But many other States also `have an important interest, direct and indirect, in the preservation of a sound and healthy domestic benzenoid industry. But permit me to concentrate upon that with which I am most familiar. The 10th Congressional District of New Jersey, which it is my privilege to represent, includes 60 percent of the population of the city of Newark and most of that city's business and industrial complex. Like so `many of the Nation's older urban centers, the city of Newark is beset with serious problems. It was the scene of a prolonged and tragic riot last summer, and vigorous activity has since been accelerated in many directions in an effort to heal the terrible wounds, to ease the `tensions, to end the dis- trust, and to introduce programs that promise at least a start toward the solution of pressing problems that cannot in good conscience be ignored. Major among these pressing problems is the urgent need to increase employment opportunity, particularly among members of our minor- ity groups. To its credit, the administration has recognized the disproportionate share of joblessness borne by minority group members, and President Johnson has provided leadership in the development of programs designed to remedy this intolerable condition. And to its credit, the Congress has responded to the administra- tion's recommendations by enacting and funding special programs to enhance employment opportunity among those who are presently disadvantaged. The proposal to eliminate ASP, however, is at cross purpose to these programs. It is a grievous step backward, ill-conceived and ill- timed. It should never have been proposed and it must be stopped here and now, `before irreversible damage is done. The benzenoid industry employs thousands of workers in the city of Newark and in the Greater Newark area. Most of these workers are Negroes and Puerto Ricans. Their average earnings range from $7,500 to upward of $8,000 per year. As a result of on-the-job training, impressive numbers of these Negroes and Puerto Ricans have advanced to positions of greater resnonsibility and even better pay. But the requirements and skills associated with this employment are highly specialized and not readily transferrable to other jobs. The prospects for these workers are bleak, indeed, if the plants that now employ them are forced to close their doors or reduce sales due to increases in imports. Retraining programs that will ec~ui'p them to take new jobs that may, if they are lucky, pay them $4,500 to $4,800 a PAGENO="0232" 4672 year, are not likely to be greeted with enthusiasm by men presently earning twice that amount. Nor can we overlook the depressing effect of the loss of seniority that many would suffer through forced change of employment. Let me emphasize that labor is a principal cost factor in the manu- facture of dyes and pigments, and a number of other~ benzenoid chemicals. Because of this, the domestic benzenoid industry is espe- cially vulnerable to competition from manufacturers located in na- tions where low wage's prevail. Since 1922, when the Congress enacted ASP, this sensible and realis- tic valuation system has effec~tiveiy prevented unfair competition from cheap-labor countries abroad. The need for ASP is as valid today as it was in 1922, even without giving consideration to the additional pressures created by the cur- rent employmeirt crisis in our cities. This is no time to entertain the elimination of a program that will eliminate jobs which are so essential to the well-being of our urban areas. Although Ambassador Roth attempts to minimize the impact, he does concede that there is a likelihood that some injury will result if ASP is abandoned. I am convinced that Ambassador Roth is underestimating the im- pact, and that the loss of jobs in the Greater Newark area and other urban centers will be on a much larger scale than he foresees. I base this conclusion on the fact that our trading partners abroad are so determined and so vigorous in their efforts to bring an end to ASP. They have gone as far as to offer to speed up the timetable of tariff reductions agreed upon at Geneva in order to win this victory, knowing, however, that they can always institute another round of border tax increases to offset the concessions, or indeed impose quotas as France has just done. Ambassador Roth's reassurances of minimum impact notwithstand- ing, we must ask what prompts this vigor and what inspires this deter- mination from abroad to win the elimination of ASP at home. The answer, of course, is obvious. The cheap-labor nations seek an end to ASP so they can take ad- vantage of their low wages to gain an unfair competitive edge and cap- ture the American benzenoid market. They know that without the equalizing mechanism of ASP, it will be only a matter of time until they can cash in on cut-rate prices made possible by low-wage labor, squeeze out domestic competitors and close down American plants. That this will bring unemployment to thousands of American workers is no concern of theirs. Carried to its logical conclusion, the elimination of ASP invites nothing less than the turning back of the calendar to the early 1900's when the United States was without a domestic benzenoid industry and this Na;tion of ours was completely at the mercy of foreign manu- facturers and cartel-rigged prices. This very alarming invitation should not be overlooked in any realistic appraisal of the pros and cons of ASP. Foreign domination of the dye and pigment industry is deeply rooted in the history of international trade and provided the initial impetus for the enactment of ASP by the Congress. PAGENO="0233" 4673 But even without the specter of foreign domination and price manipulation by cartels, I would vigorously oppose any move to elim- inate ASP at this critical juncture in American life on the grounds that this is simply not the time for the Congress to toy with measures that pose any threat whatever to employment opportunities in our job-poor urban areas. This alone is a sufficient, persuasive and com- pelling reason to reject the pending bill with its inherent risks and hazards. I strongly urge the retention of ASP. Thank you. The CHAIRMAN. Are there any questions, if not, then thank you, Mr. Rodino. Our next witnesses this morning represent the American Importers Association Organic Chemicals Group. Mr. Graubard, are you the leadoff? STATEMENT OP SEYMOUR GRAUBARD, OOUNSEL, ORGANIC CHEM- ICALS GROUP, AMERICAN IMPORTERS ASSOCIATION; ACCO~- PANIED BY ROBERT B. STOBAUGH, JR., KARL HOCHSCHWENDER, AND WALTER W. HAINES Mr. GRAIJBARD. Yes, sir. Mr. Ohairma~n and members of the com- mittee, I am Seymour Graubard, a member of the firm of Graubard & Moskovitz in New York and Graubard, Moskovitz & McCauley in Washington. We appear here today as counsel to the Organic Chemi- cals Group of the American Importers Association (AlA) of 111 Fifth Avenue, New York, N.Y. With me are Robert B. Stobaugh, Jr., Karl Hochschwender, and Walter W. Haines. Mr. Stobaugh, lecturer on business administration and a member of the faculty, Harvard University Graduate School of Business Administration, has written extensively on the economics of the chem- ical industry and has engaged in consultative work with a number of chemical and oil companies. With your permission I will not read Mr. Stobaugh's biographical sketch but ask that it be inserted, in the record at this point. The CHAIRMAN. Does it include his place of birth? If it doesn't we should note in the record that he is a native of Arkansas. (The biographical sketeh referred to follows:) Robert B. Stobaugh, Jr., Lecturer on Business Administration and Member of the Faculty, Harvard University Graduate School of Business Administration. B.S. (Chemical Engineering), Louisiana State University; Doctor of Business Administration, Harvard University Graduate School of Business Administra- tion. Formerly held various positions in economic evaluation, marketing, finan- cial analysis, and engineering functions of Monsanto, Caltex Oil Group, and affiliates of Standard Oil Company (New Jersey), in the United States, Europe, Middle East, and South America. Consultant to oil and chemical companies on industry economics, diversification, and international business. Currently en- gaged in research on financial management of multinational firms a part of Ford Foundation research project on The Multinational Enterprise and the Na- tion States. Author of the book, Petrochemical Manufacturing and Marketing Guide; author of articles on pricing, marketing research, overseas project man- agement, petrochemical markets and economics, and computer simulation, in such journals as the Harvard Business Review, The Review of Economics and Statistics, Hydrocarbon Proce$sing, Chemical Engineering Progress, and Chemi- cal Engineering. Registered Professional Engineer and a Member of Chemical Marketing Research Association, American Institute of Chemical Engineers, American Economic Association, and American Finance Association. PAGENO="0234" 4674 Mr. GRAUBARD. Mr. Hochschwender is chairman of the Organic Chemicals Group of the American Importers Association where he also serves as a director and as vice president. A Ph. D. from Yale where he also did his undergraduate work, Mr. Hochschwender for- merly taught political science and is now assistant to the president of American Hoechst Corp. Professor Haines is chairman of the department of economics at New York University's College of Arts and Science. For the past 3 years he has made intensive studies of the effects on the U.S. chemi- cal industry of reduction of trade barriers, with emphasis on the repeal of ASP. I ask that Mr. Haines' biographical sketch be inserted in the record at this point. The CHAIRMAN. All of that material will be included. (The biographical sketch referred to follows:) Walter W. Haines~ Professor of Economics and Ohairman of the Department af Economics, University College of Arts and Science, New York University, A.B. and M.A., University of Pennsylvania; M.A. and Ph. D., Harvard University. B~as held teaching posts at Kenyon College and the University of Peshawar, Pakistan. Chairman of the Board of Overseers of Friends World College. Publications include Money, Prices and Policy, (2nd ed., McGraw Hill, 19G6) and articles in American Economic Review, Quarterly Journal of Economics, Journal of Economic History, National Encyclopedia, and Encyclopedia Inter- national. Consulting work has included population projections as well as an ex- tended survey of the effects on U;nited States industry of tariff reductions for presentation to the United States Tariff Coimnission. Meniber of American Economic Association, Society for International Develop~ ment, Phi Beta Kappa, and Pi Gamma Mu. Listed in Who's Who in America Who's Who in the East, Directory of American Scholars, American Men of Sci- ence, Who's Who in American Education, Contemporary Authors, World Who's Who of Science, and Dictionary of International Biography. Mr. GRAUBARD. Thank you, sir. After my opening remarks Mr. Sto- baugh will analyze the effects of the repeal of ASP on this Nation's balance of trade, Mr. Hoehsehwender will submit some graphic illus- trations of how ASP is used and abused, and Mr. Haines will comment on the principal arguments presented last Friday by those who would retain ASP. In urging the enactment of H.R. 17551, and in particular title IV, we shall forebear from describing the "American selling price" valua- tion system as well as the agreement negotiated in 1967 at the Kennedy round session in Geneva. We believe that Ambassador Roth and other witnesses have given ample background to this committee in those regards. Instead, we shall present-in capsule form to meet the committee's time schedule-the principal reasons why it is in the interests of our Nation to adopt H.R. 17551 now. 1. ASP was designed to protect an infant industry. That infant is now a multibillion-dollar giant, far larger and stronger than any of its foreign competitors. 2. The United States, more than 20 years ago, made a clear inter- national commitment to convert from ASP valuation to normal valua- tion for benzenoids and the other products presently valued under ASP. GATT, article VII, subparagraph 2(a) provides: The value for customs purposes of importer merchandise should be based on the actual value of the importer merchandise on which duty is assessed, or of like merchandise, and should not be based on the value of merchandise of national origin or on arbitrary or fictitious values. PAGENO="0235" 4675 In the protocol of provisional application of GATT, the United States and the other signatories undertook as soon as practicable to bring their laws into line with the GATT standards. Since ASP val- nation is based upon a statute it requires, of course, a statute to make the new standards effective. 3. ASP, by creating uncertainty as to the amounts of duties to be assessed, is a constant irritant to importers and consumers. It provides our foreign friends with a readymade retort whenever our exporters complain about unfair foreign trade barriers. 4. Repeal of ASP would so greatly improve the balance-of-payments situation that action by this Congress is clearly now in order. Mr. Stobaugh will present the facts in regard to this major consideration. 5. Repeal of ASP would eliminate the daily irritations and unfair consequences which now mark enforcement of that statute. Mr. Stobaugh will now continue our presentation. The CHAIRMAN. Mr. Stobaugh, we appreciate having you with us this morning. STATEMENT OP ROBERT B. STOBAUGH, JR. Mr. STOBAUGH. Thank you, Mr. Chairman. Members of the com~ mittee, I have completed a study to determine the effects of adoption of the "ASP package" on United States chemical exports and imports. Increases in United States exports of items other than chemicals were not considered. The results of this study have been published in a report, which is submitted with this statement. Would you please insert this report into the record at the end of my statement? The CHAIRMAN. Without objection that will be made a part of the record. Mr. STOBAUGH. Thank you. Today, I would like to highlight and discuss some of the key findings of this study. First I would like to present a very brief summary of the study. I estimate that in 1972, the base year of my study, with the adoption of the ASP package the U.S. net trade balance in chemicals would be increased by approximately $110 million. This would have a rela- tively minor effect on the U.S. chemical industry, including the benze- noid sector; U.S. chemical industry output presently exceeds $40 billion and benzenoid sales exceed $3 billion. Whether or not this pack- age is adopted, U.S. production of each segment of the benzenoid industry will continue to expand, in spite of an expected increase in imports. U.S. chemical exports will continue to increase, in spite of the much higher wages paid in the U.S. than abroad for unit wage rates are not a major determinant of chemical exports. Now I will turn to some of the details of the study and mention some additional conclusions: 1. As mentioned above, I estimate that adoption of the ASP package would result in an increase of approximately $110 million in the U.S. net trade balance in chemicals in 1972. This is the base year for which the effects of the ASP package are estimated; a larger net trade balance would be expected for subsequent years. This $110 million would result from increases in chemical exports of about $130 PAGENO="0236" 4676 million and increases in chemical imports of about $0 million. It was necessary to make estimates of certain key variables in order to arrive at this final estimate. These key variables are: (a) The level of U.S. exports to the European Economic Com- munity and United Kingdom in 1972 before consideration of the effect of tariff cuts. (b) The level of U.S. benzenoid imports in 1972 before considera- tion of the effect of tariff changes. (c) The change in average U.S. tariff rates on benzenoids as a result of adoption of the ASP package. (d) The effect of tariff changes on exports and imports, referred to in my study as a "tariff elasticity." (e) The effect of removal of the uncertainty for the U.S. importer which now results from the American selling price method of valuation. The estimates of these key variables are based upon a combination of previous empirical studies, standard methods of market forecasting, and my judgment. Since it is not possible to be sure that any one esti- mate is correct for any variable, I varied these estimates over a wide range in order to determine a probable range within which the increase in net trade balance in chemicals would fall in 1972. As a result of these variations in estimates of key variables, the lowest estimate of in- crease in the U.S. net trade balance is $67 million and the highest estimate $153 million, compared with the best estimate of $110 million. Importance lies in the fact that under any set of estimates made of the key variables, the increase in U.S. exports is estimated to exceed substantially any increase in imports. Certain qualifying assumptions must be made: there will be continued growth in world trade and reasonably stable price levels in the United States such as has existed on the average during the past 10 years. Also, implicit in my pro- jections is the assumption that the U.S. chemical industry will have access to petroleum raw materials at world market prices. 2. Increases in exports resulting from the adoption of the ASP package would come in two major categories: (a) new products and (b) those products made by continuous-process, large-scale plants. Many of the new products are produced first in the United States be- cause of the development activity which results from the large internal market. Although plants for the production of any new product of major commercial importance will eventually be built in the European Economic Community and the United Kingdom, lower foreign tariffs would delay the construction of the plants abroad and contribute to the increase in United States exports. Examples of such goods in- clude certain newer types of plastics and other new products, some of which have not yet been commercialized but which will appear in the "basket" categories of tariff schedules. In the second major category-chemicals that are made in con- tinuous-process, large-scale plants-the large market of the United States enables very large plants to be built here, resulting in low manu- facturing costs. Very often one such plant represents a substantial portion of the requirements of a product for a given foreign country. Even after a foreign country begins production of a product, the country in subeequent years sometimes has a shortage while nev~' PAGENO="0237" 4677 capacity is being added in that country. For example, a single foreign country might consume 100 million pounds of product annually and have one plant `of 100 million pounds annual capacity. As the con- sumption of the product increases in this foreign country, the manu- facturer there might wait until total consumption is 160 million pounds annually, before adding another minimum economic sized plant of 100 million pounds. Thus, over a period of several years the imports would increase from zero up to 60 million pounds, and then fall back to zero as the new plant is completed. Plants in the United States are playing a major role in supplying such countries with the chemicals they need to fill this gap between capacity `and consumption. At the same time, lower foreign tariffs would increase this type of export by delaying the construction of additional plants abroad. Even relatively large-market countries such as Germany use this type of export from the United States. For example, Germany has produced styrene monomer, since 1931 but had a temporary shortage in 1964 and 1965 while a new plant was being built there. During these 2 years the United States exported almost $10 million yearly of this product to Germany. This role fulfilled by U.S. exports in balancing capacity `and con- sumption in foreign countries has often been overlooked by U.S. manufacturers. Even though U.S. exports have been high, they could have been even higher if the U.S. manufacturers had recognized these export opportunities. For example, various market forecasters in the United States predicted during the lute 1950's and early 1960's that U.S. exports of such items as methanol, styrene monomer, and acry- lonitrile had reached a peak and would drop because of the buildup in plants abroad. In 1959, "Oil, Paint & Drug Reporter," a respected newspaper in the chemical marketing field, said in reference to styrene monomer, "Most producers feel that 1959 will be the peak export year-but after this year, monomer plants overseas will cut sharply into exports." Sim- ilar predictions were made for a number of other chemicals. Actually, for many, such products U.S. exports increased, rather than decreased, so that by the middle 1960's the United States was not able to meet all of its export demand. At the same time, in some cases, American purchasers of the product were faced with temporary shortages because of lack of domestic capacity; for example, following is a quotation concerning methanol from the "Oil, Paint & Drug Reporter" in January 1966. * * * export business has to be turned down and domestic buyers are on allocation. Part of this shortage was due to increased methanol consumption caused by the Vietnam conflict, however, an important contributor to this shortage was that U.S. manufacturers underestimated the value of U.S. exports, which was four times as great in 1965 as had been shown in forecast in 1961 presented in "Chemical Week," `another respected publication covering the chemical industry. 3. The United States will continue to be a major exporter of chemi- cals in spite of the much higher wages paid in the U.S. chemical in- dustry than in the chemical industries `abroad. A number of interna- tional trade studies provide evidence indicating that unit wage rates PAGENO="0238" 4678 are not an important determinant of chemical exports. These same studies indicate that new product development expenditures, resulting from a large domestic market, are much more important in explaning chemical exports than are unit wage rates. 4. The adoption of the ASP package would increase U.S. chemical imports because of two factors: (a) a decrease in tariffs on a few non- benzenoid chemicals, and (b) a removal of the uncertainty now caused by the American selling price method of tariff valuation. Decreases in tariffs on the nonbenzenoids would be expected to increase imports by about $3 million yearly. However, in the case of benzenoids, which is the product category affected by the American selling price method of valuation, I estimate that the change in average tariff levels, when weighted by trade flows, would be negligible as a result of adoption of the ASP package. The converted tariff rates based on U.S. Tariff Com- mission calculations are intended to provide the same revenue as the unconverted rates used with the ASP method of valuation. Nevertheless, a number of the peaks and valleys in the tariff schedule would be smoothed by adoption of the ASP package. This smoothing would result in lower tariffs in a number of cases, as well as higher tariffs in other cases. In a detailed check, I did not find any systematic bias toward either lower or higher equivalent tariffs. A detailed study of the dye category, for example, showed that because of the much larger quantity of imports at the lower duty levels which would be raised by adoption of the ASP package, there would be on the average a slightly higher weighted average duty on dyes. The other major effect of adopting the ASP package would be the removal of the present uncertainty caused by basing U.S. duty on the American selling price rather than on the export value in the exporting country as is done with other products. This ASP method results is uncertainty for the U.S. importer since the American selling price for an individual item can change any time, and the U.S. importer is never certain what the duty will be until the goods have been valued by the U.S. Customs. The removal of the uncertainty in the tariff valuation process is estimated to result in an increase of approximately $17 mil- lion in U.S. imports. This $17 million when added to the previously mentioned $3 million results in an estimate of $20 million for the in- crease in U.S. imports for 1972. 5. Adoption of the ASP package would have a relatively minor effect on the U.S. benzenoid industry. Total benzenoid imports in 1972 are expected to be less than 3 percent of the total value of benzenoid pro- duction in the United States. The increase in benzenoid imports brought about by the adoption of the ASP package would be expected to be less than 0.2 percent of the total U.S. production of benzenoids in 1972. Production in each segment of the benzenoid industry is exnected to show substantial growth between now and 1972; the value of total production of U.S. benzenoids is estimated to be $9 billion in 1972 com- pared with $6.2 billion in 1965. 6. A comparison of the cost of manufacturing dyes in the United States with the cost of manufacturing dyes in Germany was included in the study because of the concern about foreign competition in this category and because of estimates that dye imports would be a higher percentage of U.S. production than would be the case in other ben- PAGENO="0239" 4679 zenoid product categories. Germany, the world's largest exporter of dyes, was selected for this comparison; this comparison indicates that on the average Germany costs would be at least 83 percent of U.S. costs. If a 30-percent tariff and a 5-percent freight cost are added to the German costs, then the result would be a landed cost for German dyes equal to 112 percent. of the cost of U.S. dyes. Therefore, on the average, a 30-percent U.S. tariff for dyes would be greater than the difference in manufacturing costs between Ger- many and the United States. Because all operations are not average, the United States imported $26 million of dyes in 1966. This compares with $350 million of U.S. dye production and $25 million of U.S. dye exports. The wages of production workers are a slightly higher percentage of value added by manufacture in the dye category than in a number of other chemicals-24 percent for dyes versus 20 percent for the intermediate coal-tar product category as a. whole, for example. Never- theless, there is evidence to suggest that the European exports strength in dyes is based more on technical superiority than on low wages. Chemical industry foreign investment often is based on technical know-how owned by the investing firm, and the Europeans own pro- portionately more of U.S. dye manufacturing facilities than in other chemical product areas. 7. Adoption of the ASP package would enable Congress to recover the practical ability to set tariffs on benzenoid products. At present., for practical purposes, the power to set effective tariffs rests with the U.S. producers in the case of products protected by the American sell- ing price method of valuation. Once a tariff level is set by Congress, the effective tariff rate is raised whenever the competitive situation a]lows the U.S. producers to iiicrease the price of the product. The protection of the consumer through the setting of effective tariffs by Congress is especially important in dyes because of the relatively low level of competition existing in this category, where many of the in- dividual dyes are made by just a few producers. This concludes the summary of my study. I would be happy to answer any questions you might have. (The study referred to follows:) EFFECTS OF PROPOSED "ASP PACKAGE" ON U.S. CHEMICAL RXPORTS AND IMPORTS (By Robert B. Stobaugh, Jr., Lecturer on Business Administration, Graduate School of Business Administration, Harvard University) This study was prepared by Robert B. Stobaugh, Jr., at the request of the Organic Chemicals Group. of the American Importers Association. The views presented here are the author's and not necessarily the Association's. I. THE "ASP PACKAGE" IN BRIEF During the recent Kennedy Round, all of the major industrial nations agreed to make substantial unconditional reductions in chemical tariffs. These reduc- tions will be made gradually so that 1972 will be the first year for the United States for which the full tariff reductions will apply. The United States negotiators agreed to submit to Congress a Supplemental Agreement Relating Principally to Chemicals, known as the "ASP Package." 1 ~ The details of this agreement are contained in Agreemdnt Relating Principally to Chem- icals, supplementary to the Geneva (1967) Protocol to the General Agreement on Tariff8 and Trade, Geneva, 30 June, 1967. PAGENO="0240" 4680 Under this Supplemental Agreement the United States would: 1. Eliminate the American Selling Price basis of customs valuation on ben- zenoid chemicals; 2 and 2. Reduce further the tariffs on selected non-benzenoid chemicals. In exchange for these concessions the European Economic Community and the United Kingdom would reduce further their tariffs on most chemicals by approxi mately 25% and make other nontariff concessions not related to chemicals. Further details of the Agreement are In Appendix A. To assist Congress in deciding the merits of the proposed "ASP Package" legislation, this study has been prepared. In this study an estimate of the effects of the proposed ASP Package on United States chemical exports and imports is presented. Increases in United States exports of items other than chemicals are not considered. II. MAJOR CONCLUSION5 1. Adoption of the ASP Package would result in an increase of approximately $110 million in the United States net trade balance in chemicals in 1972. This would be a result of increases in chemicals exports of $130 million and chemical imports of $20 million. If key assumptions are varied other estimates can be obtained; however, under any set of reasonable assumptions it is estimated that increased exports will substantially exceed increased imports. The lowest esti- mate of increase in net trade balance is $67 million and the highest estimate Is $153 million, compared with the best estimate of $110 million. 2. The tariff reductions which would be made by the European Economic Com- munity and the United Kingdom as a result of the ASP Package would increase United States exports primarily in the newer product categories, such as plastics and the "~tber chemicals" category, and in products made by continuous-process, large-scale plants. The United States will continue to be a major exporter of chemicals, even though the United States chemical industry pays much higher wages than do chemical industries abroad. Low wage rates are apparently a less significant aid to exports than is a large domeStic market. 3. The change in average tariff levels in the United States would be negligible as a result of adoption of the ASP Package. The major effect on United States imports would be the removal of the uncertainty now present because of the ASP method of tariff valuation, in which the duty is based on the "American Selling Price" rather than on "export value" in the exporting country. The ASP method results in uncertainty for the United States importer since the American Selling Price for an individual item can change at any time, and therefore, the importer is never certain what the duty will be until the goods have been valued by United States customs. 4. Regardless of whether the ~ASP Package is approved, continued growth in output is expected in all segments of the United States benzenoid chemical indus- try-the industry which would mainly be affected by increased imports as a result of adoption of the ASP Package. The average growth in production of benzenoid chemicals in the United States is expected to be 45% between 1965 and 1972. 5. Total imports of benzenoid chemicals into the United States in 1972 are estimated to be less than 3% of~Un1ted States production of benzenoid chemicals. regardless of whether the ASP Package is approved. III. AN ESTIMATE OF THE EFFECTS OF THE ASP PACKAGE ON THE CHEMICAL TRADE BALANCE OF THE UNITED STATES A. ~ttmnu~ry It is estimated that adoption of the ASP Package would result in an increase of $110 million in the net trade balance of the United States in chemicals for 1972.2b Details of this estimate are shown below: 2 More details of this valuation method and a definition of benzenoid chemicals are con- tained in U.S. Tariff Commission publications, e.g., United States Tariff Commission, Products Subject to Duty on the American Selling Price Basis of Valuation: Conversion of Rates or Duty on Sad, Products to Rates Based on Valves Determined by Conventional Valuation Methods, TC Publication 181. Washinrton, D.C., July 1966. 2b Unless another source is given, all estimates in this study were made by the author. PAGENO="0241" 4681 EFFECTS ON U.S. CHEMICAL NET TRADE BALANCE tin millions of dollarsj Negative Positive Increase in U.S. chemical exports due to tariff reductions by European Economic Com- munity and United Kingdom 130 Increase in U.S. chemical imports due to: a. Net changes in average U.S. tariffs on benzenoids 0 b. Removal of uncertainty on U.S. benzenoid tariffs because of elimination of the ASP valuation method 17 c. U.S. tariff reductions on nonbenzenoids 3 Total increase in chemical imports into the United States 20 Net increase in U.S. chemical trade balance 110 Note: A detailed discussion of these estimates follows. B. Increa~se in United States eivports In this section, United States exports to EEO and United Kingdom are projected to 1972,2c first without allowing for any tariff cuts, then allowing for the Kennedy Round unconditional reductions, and finally for the reductions which would result with the ASP Package. Next, the product categories in which ex- ports will be important are discussed. 1. Estftnate of ecoports in 1972 Data on United States chemical exports to the EEC and United Kingdom for the past ten years are presented in Table 1. United States chemical exports to the EEC and United Kingdom have grown at an average yearly rate of 12.2% during this period.3 A continuation of this growth rate between 1966 and 1972 would result In total chemical exports to EEO/UK in 1972 of $1.5 billion. How- ever, a figure of $1.2 billion is used so that the estimate of the effects of adoption of the ASP Package will be on a conservative basis; effects of variation in this value are shown in Appendix B. TABLE 1.-EXPORTS OF CHEMICALS FROM THE UNITED STATES TO EUROPEAN ECONOMIC COMMUNITY AND UNITED KINGDOM, 1957-66 Year Millions Year Millions 1957 $268 1958 303 1959 346 1960 467 1961 471 1962 $477 1963 527 1964 679 1965 716 1966 769 Note: 1. U.S. export data for chemicals were reported for group 8 for 1962 and before. For 1963 the categories were changed so that SITC 5 has been used for chemicals in 1963 and all later years. 2. United Nations commodity trade reports for 1962 indicate that U.S. exports of SITC 5 to EEC/United Kingdom totaled $508,000,000 or 6J~-percent greater than the $477,000,000 shown above for group 8 exports; however, such reports were not available to allow a similar comparison for 1957-59. If the assumption were made that the SiTC 5 exports were 6~-percent higher than group 8 exports for 1957-59 then the growth rate from 1957-59 to 1966 would become 11.2 percent rather than 12.2 percent. This change would not affect the outcome of the study since projected growth rate of only 7.4 percent was used as the best estimate. Source: Summed from data in Bureau of the Census, exports of U.S. merchandise, country by commodity. The next step is to determine the effects of the Kennedy Round unconditional tariff cuts on the expected export flow of $1.2 bifflen from the United States to the EEC/UK in 1972. Because of the iarge number of individual chemical com- modities in question, some of which are not yet in existence but which will be by 1972, it is necessary to estimate the effect of tariff cuts on an aggregate basis. Detailed stucl.ies have been made showing the effect of tariff reductions on aggre- gated groups of products. A review of these studies reveals that a tariff decrease 2c Various methods of estimating future market demand for chemicals are shown in my `Chemical Marketing Research," Chemical Engineering, November 22. 1965, pp. 158-160. For a category of chemicals comprising thousands of individual items, the projection of past trends is a reasonable and commonly used method. A more detailed discussion~ of this subject is presented in Appendix B. The years 1957-1959 were chosen as a three-year base because these are the years used as base years in the latest United States Tariff Commission Report on Synthetic Organic Chemicals, tinited States Production and Sales. Use of other three-year bases would not invalidate the basic conclusions reached In this study. 95-159 0-OS-pt. 10-16 PAGENO="0242" 4682 equivalent to 1% of the combined value of the goods and tariff results in an increase in trade flow in chemicals of about 2.5 to 5%. For this study, an inter- mediate figure of 3.5% is used (this figure will be referred to as a "tariff elasticity") .~ Effects of variation in this value are shown in Appendix B. The use of this tariff elasticity results in an estimate that United States chemical exports to the EEC/UK in 1972 will be $110 million higher as a result of the unconditional tariff reductions to which the EEC/UK agreed as part of the Kennedy Round. A similar calculation for the ASP Package results in an estimate that adoption of this ASP Package will result in an increase of $132 million in United States chemical exports (in addition to the $110 million increase mentioned above). Details of the method of calculating these results are presented in Appendix B. In order to determine a probable range for this value, subjective estimates were made of the effects of variations in key variables. Over 70% of the resulting estimates lie between $99 million and $165 million. The average is $132 million. If these numbers are rounded, it seems reasonable to conclude that United States chemical exports will inerease by $100-$160 million if the ASP Package is adopted, with a best estimate being $130 million. This increase in United States exports plus the increase due to the Kennedy Round unconditional reductions, when added to the export flow of $1.2 billion expected without any tariff reductions, would result in total chemical exports to EEC/UK of less than $1.5 billion in 1972. Therefore, the total United States chemical exports to the EEC/UK would be less than 3% of either the combined EPIC/UK chemical market or of United States chemical production.° It is believed that such a small percentage would not meet either a supply or demand bottle- neck. 2. Prodnct categories for which e~rports wifl be important United States exports of chemicals to the EEC/UK can be classified into two types: (1) New or moderately new products and (2) large-volume "mature" products. United States exports of these two types of products to the EEC/UK are important now and are expected to be increased as a result of lower EEC! UK tariffs brought about by approval of the ASP Package. Examples of exports of new or moderately new products are plastics (SITC 581) and products in the "all other" category (SITC 599). Examples of exports of large-volume products are organic chemicals (SITC 512). United States exports of these three cate- gories (SITC 581, 599, and 512) accounted for 70% of the total chemical exports to the EEC/UK in 1966 (Table 2). TABLE 2.-CATEGORIES OF CHEMICALS EXPORTED FROM UNITED STATES TO EUROPEAN ECONOMIC COMMUNITY AND UNITED KINGDOM, 1965-66 SITC No. Value of exports (millions) Description 1965 1966 512 513 514 515 Organic chemicals $282 $270 Inorganic chemicals 31 36 Other inorganic chemicals 22 22 Radioactive and associated materials 37 51 521 531 532 533 541 551 553 554 561 571 581 Mineral tar and crude chemicals 11 12 Synthetic organic dyestuffs 7 8 Dyeing and tanning extracts Pigments, paints, and varnishes 9 12 Medicinal and pharmaceutical products 48 50 Essential oils, perfume and flavor materials 12 12 Perfumery and cosmetics 3 5 Soaps, cleansing and polishing preparations 14 16 Fertilizers Explosives and pyrotechnic products 3 2 Plastic materials 143 166 599 Other chemical materials and products 89 Total 716 769 Note: Organic chemicals (SITC 512), plastic materials (SITC 581), and other materials and products (SITC 599) as a share of total equal 70 percent in 1966. Source: Bureau of the Census, exports of U.S. merchandise, country by commodity. 4This question is discussed in more detail in Appendix B and a number of studies are referenced. 61t is estimated that the EEC/UK combined chemical market will approximate $50 billion in 1972 and United States output will exceed this. PAGENO="0243" 4683 a. New products This expectation of growth of United States exports of newer products is consistent with various recent studies. These recent studies indicate that new- product-oriented research and development efforts attracted by a large domestic market have a more important effect on exports than do unit wage rates. The plants to produce new products are built in a country with a large market, pre- sumably in order to minimize the problem of communications between the market and the production facility, and to reduce the risk inherent in crossing national boundaries with a large percentage of the plant output. As the home market expands, larger plants are built and lower unit costs of production result.° Also, production costs are lowered because the operations are made more efficient as the firm gains experience.7 Thus, a large-market country initially producing a product can have a trade advantage in this prod- uct for a considerable period of time. As the domestic market 8 of the United States is more than five times as large as that of the largest-market country in the EEC and about 1% times as large as the domestic markets of all EEC countries combined, it is reasonable to expect that the United States will be a major exporter of new products. The lower tariffs in the EEC/UK, especially in the "basket" or "all other" categories, which would result from adoption of the ASP Package would increase United States exports of newer products by delaying the construction of manufacturing plants abroad. Because of the importance of this idea that large domestic markets with resultant research and development is much more important in determining international trade than are unit wage rates, the results of five recent studies are reviewed. Two of these are studies of trade in plastics. Hufbauer shows that the combination of large market and early date of initial production played the major role in explaining experts of plastics; wages were not found to be an important explanatory variable.8 Freeman shows that technical progress ex- plained exports in plastics, and that the major exporting countries did not have input-cost advantages over other countries.10 Two studies of organic chemicals lend further support to this view. Results of one study suggest that exports of United States chemicals are continually shifting to new products (although exports of older, large-volume products continue to be important on an absolute basis, as will be discussed below. Re- sults of another study indicate that countries with large markets began pro duction of individual products before countries with small markets. Unit wage rates were found not to be an important variable in explaining when countries began production of a produet.~ A fifth study that presents results consistent with this view is the study by Gruber, Mehta, and Vernon.13 This study shows that the five United States industries that account for the United States trade surplus spend relatively more on research and development than do the fourteen other major United States industries. The chemical industry is one of these five "export industries," and ranked second among all industries in net trade balance in 1966. Further details of this study are presented in Appendix C along with further indi- cations that the size of a country's domestic market rather than low unit wage rates is an important determinant of exports in chemicals. 6 A well-known rule In the chemical Industry Is the "0.6 rule" which indicates that a plant of twice the output of a smaller plant will cost only (2)86 or about 1.5 tImes as much to build. The drop in costs as Industry output increases is discussed In my "Why Do Prices Drop ?" Chemical Engineering Progress, December 1964, pp. 13-17. ThIs article gives illus trations of a number of price drops in individual chemicals. W. B. Hlrschmann, "Profit From the Learning Curve," Harvard Business Review, Vol 42, January-February 1964, p. 125. 8 Measured In terms of Gross National Product, see Table C-2. G. C. Hufbauer, Synthetic Materials and the Theory of International Trade, Cambridge Harvard University Press, 1966. 10C. Freeman, "The Plastics Industry, A Comparative Study of Research and Innovation," National Institute Economic Review, No. 26 (November 1965), pp. 40-91. 11 See my "Systematic Bias and the Terms of Trade," The Review of Economics and Statistics, XLIX (November 1967), p. 617. 12Results of this research by me are scheduled for publication under the tentative title, The Product Life Cycle and International Investmdnt. 13Willlam Gruber, Dileep Mehta, and Raymond Vernon, "The R & D Factor In Interna tional Trade and International Investment of United States Industries," Journal of Politi. cal Economy, LXXV, February 1967, pp. 20-37. PAGENO="0244" 4684 b. Mature products It was previously `mentioned that United States exports to the EEC/UK of mature products,14 such as certain organic chemicals, are important and are expected to be so in the future. Because this fact apparently has not been widely recognized, it is discussed in more detail below. Results of a study indicated that over half of United States exports of the mature products covered in the study were to countries that already produced the products: much of these exports were to the EEC/UK.'5 In my opinion, a major reason for such United States exports is that additional capacity for the manufacture of a chemical usually can only be added economically in large blocks.'4 Consumption, however, progresses relatively smoothly, so there are al- ternating periods of "excess" and "shortage" (Figure 1). The United States plays an important role in providing other countries with chemicals when these other countries are experiencing shortages and are operating plants at ineffi- ciently high levels. During this stage lower foreign tariffs enable United States exports to compete better with the high marginal costs of the marginal foreign producer and to delay the construction of new capacity. (Similarly, lower United States tariffs during this stage would enable the United States economy to ob- tain sufficient product without paying the high cost of keeping United States plants operating at inefficiently high levels.) An example is the case of exports of United States styrene monomer to Germany (styrene monomer is a benzenoid intermediate). These exports were negligible for 1963 and then increased sharply to almost $10 million yearly in 1964 and 1965 and then fell sharply in 1966 as new plant capacity came onstream in Germany. Germany started production of styrene monomer in 1931, some four years before production began in the United States. 14 In this context, a mature product is one that has reached an advanced stage of its product life cycle. Market conditions are characterized by relatively low annual percentage Increases In consumption, with prices considerably lower than during the earlier years of the product life cycle. For further details see my "Chemical Marketing Research," Zoo. cit. `~ These results were presented in a talk delivered by me to a national meeting of the American Institute of Chemical Engineers, New York, November 27, 1967. The results are scheduled for publication under the tentative title, The Product Life Cycle and International Investment. `° For most large-volume organic chemicals and plastics the minimum economical plant size is continually getting larger. As a result, lower or stable prices tend to result In spite of rising costs of hourly wage rates. PAGENO="0245" EXCESS 4685 CONSUMPTION ~Illh11 SHORTAGE STAGES OF PRODUCT LIFE CYCLE FIGURE 1: CAPACITY/CONSUMpTION RELATIONSHIP FOR ONE PRODUCT IN A FOREIGN COUNTRY PAGENO="0246" 4686 Another case is the large United States styrene monomer exports to the Netherlands. Exports of styrene monomer to the Netherlands were $13 million in 1966 and have averaged $11 million annually for the past three years. A very high tariff on styrene monomer could have resulted in a plant's being built in the Netherlands several years ago. Thus, this change in exports in one com- modity to one country could amount to more than $10 million yearly for several years. If this is multiplied by a number of commodities and a number of coun- tries, it is reasonable to believe that the estimate of increased United States exports of $130 million due to adoption of the ASP Package could be obtained by reductions in tariff levels. Apparently, the fact that the United States exports mature products to coun- tries already producing these products has not been widely recognized. As shown in Table 3, the overlooking of this source of export demand by United States companies was one of the factors which resulted, in some cases, in refusal to sell to export customers, allocation of supplies to domestic customers, and higher domestic prices. TABLE 3.-ExAMPLES OF UNDERESTIMATION OF EXPORT MARKET BY UNITED STATES OOMPANIES I. METHANOL Prediction by 1905 exports will probably plummet to about seven million gallons/year. Reasons: (1) foreign plants are being built; (2) mounting tariffs." (Chemical Week, July 1, 1961, p. 56.) Fact United States methanol exports were 29 billion gallons in 1965. Approximately seven million gallons went to countries that do not manufacture methanol; 22 million gallons went to countries that do manufacture methanol. Tight supply conditions "Methanol is now in critically short supply. Producers have de-bottlenecked plants and made incremental expansions, but still export business has to be turned down and domestic buyers are on allocation." (Oil, Paint ~ Drug Re- porter, January 17, 1966, p. 31.) II. STYBENE MONOMER Prediction "Most producers feel that 1959 will be the peak export year-but that after this year, monomer plants overseas will cut sharply into exports," (Oil, Paint c~ Drug Reporter, February 9, 1959, p. 45.) Fact Export quantity and value have been greater than 1959 in every year since then, and 1966 exports were over four times as large as those in 1959. Tight supply conditions "If the recent growth rate holds, shortages will exist in a few months, and obsolete capacity-now on standby-will be needed to fill the gap." "Styrene Monomer Prices will Be Hiked 1~lb. Next month," Chemical Week, March 12, 1966, p.62.) III. ACRYLONITRILE Prediction "Assuming an export market of 40 million pounds in 1965, 400 million pounds should be consumed. Should overseas units. operate sooner, exports could shrink further." (Oil, Paint and Drug Reporter, December 31, 1962, p. 9.) Fact In 1965 exports exceeded 175 million pounds; in the United States over 700 million pounds of acrylonitrile were produced. Tight supply conditions "The United States acrylo supply has been tight for the past year primarily because of export demand." (Chemical Week, February 20, 1965, p. 23.) PAGENO="0247" 4687 C. Increase in United States imports The effects of changes in levels of United States imports which would be caused by adoption of the ASP Package are of two types: 1. Those caused by changes in tariff levels. 2. Those caused by removal of uncertainty due to removal of ASP method of tariff valuation. 1. Result of lower tariffs On most imports, the United States tariff duties for an imported article are calculated on the basis of wholesale price in an arm's-length transaction in the country of export-known in customs parlance as "export value." On imported benzenoid chemicals subject to the ASP method, however, a customs official must determine their price in the United States market and then assess their tariff on the basis of that price rather than on their "export value." 17 Benzenoids whose American Selling Price is much greater than their normal "export value" thus receive a higher degree of tariff protection than indicated by nominal tariff rates. In eliminating the ASP basis of customs valuation it is not intended that the average duties collected would be either increased or decreased. The rates currently based on ASP would be changed to "converted rates" calculated by the United States Tariff Commission. These "converted rates," when applied to the imported value by the conventional method of tariff valuation, would yield a tariff revenue approximately equal to that realized by applying current United States rates to the ASP value. Rather than reducing TSUS rates by approxi. mately 50% as was agreed in the first part of the Kennedy Round, the United States under the ASP Package would reduce these "converted rates" by approxi- mately 50%; however, not all "converted rates" would be reduced approximately 50% because certain of the peaks and valleys of the tariff schedule would be smoothed by the application of flat rates to i'road categories of items. A detailed examination of rates which would be in effect as a result of the unconditional tariff cuts of the Kennedy ~ revealed that when the "con- verted rates"19 are taken into account, there is no evidence of any systematic bias toward either higher or lower equivalent rates as a result of adoption of the ASP Package. Rather, it revealed that generally the tariff revenue which would be collected on individual items would not vary greatly as a result of adoption of the ASP Package. However, because of the leveling of peaks and valleys in the tariff schedule which would result, there are certain exceptions to this last statement. Dyes represent the major exceptions since a wide variety of rates on dyes would be standardized at 30% with adoption of the ASP Package, rather than ranging from 19% to 86% as presently agreed as part of the Kennedy Rou.nd.~ A detailed examination of the dye categories revealed that because of the much larger quantity of imports at the lower duty levels, adoption of the ASP Package would result on the average in ~ slightly higher equivalent duty. Further details of this examination are presented in Appendix D. Therefore, as a result of these comparisons, it is concluded that the main effect of the ASP Package on benzenoids would be to remove uncertainty in the valuation process rather than to change the levels of duties~. Seventy-nine non-benzenoid chemicals with current tariffs below 8% would have their tariffs reduced a further 30% (in addition to the Kennedy Round unconditional reductions of 20%); nine other non-beneznoid chemicals which will have tariffs greater than 50% after all of the Kennedy Round uncondi- tional reductions are put into effect would be subject to further tariff reductions. An estimate of the effect of these tariff reductions was made using the same tariff elasticities as used for the estimate of increase in United States exports. This estimate indicated that increased imports into the United States in 1972 as a result of adoption of the ASP Package would approximate $3 million because of lower tariffs. More details of this estimate are presented in Ap- pendix D. 17 More details of this valuation method and a definition of bensenold chemicals `are con- tained In ITS. Tariff Commission publications, e.g., United States Tariff Commission. Products Subject to D"tv on the American Selling Price Basis of Valuation: Conversion of Rates of Duty on Such Products to Rates Based on Values Determined by Conventional Valuation Methods, TC Publication 181, Washington, D.C., July 1966. ~8 Basic data from: Office of the Special Representative for Trade Negotiations, Report on United States Negotiations, Washington, D.C., Superintendent of Documents. Undated. 19 The conventional rate calculated by U.S. Tariff Commission to result in same revenue that would result from ASP rate. (See T.C. Publication 181, bc. cit.) ~° The 19% to 86% are converted ad valorem equivalents and therefore can be compared directly with the 30%. PAGENO="0248" 4688 2. Result of removal of v~ncertainty The ASP system does not permit the United States importer to know at the time a contract for import to the United States is made whether the imported product will be subject to ASP, or what the ASP will be. In order to estimate the effects of the removal of uncertainty on future im- ports, the level of benzenoid imports expected in 1972 with the ASP method of valuation still in effect is first estimated. Benzenoid imports have increased at an annual compounded rate of 15% between 1957-1959 n and 1966 (Table 4); however, most of this increase occurred in 1965-66 when shortages of ca.pacity in the United States resulted in increased imports. For example, part of the major increase in imports of benzenoid intermediates was due to imports of chemicals such as phenol, phthalic anihydride, and styrene monomer, as shown in Table 5. Therefore, `it is believed that the annual growth rate of 9% experi- enced between 1957-1959 and 1964 is a more reasonable one to expect in the long run. Projection of United States benzenoid imports to 1972 with a 9% growth rate results in estimated benzenoid imports of $150 million in 1972. How- ever, the use of a 15% growth rate would not change the basic conclusions of this study; and the results of such an estimate are shown in Appendix P. Table 4.-U.S. imports of beivzenoids, 1957-1966 Year: MilliOfl8 1957 $24.0 1958 26. 5 1959 36. 0 1960 33. 2 1961 38. 3 1962 39. 1 43.6 1964 49. 1 1965 - 64. 9 1966 88. 1 Source: United States Tariff Commission, Imports of Benzenold Chemicals and Products (annual reports). The next step is to determine the effect of the Kennedy Round unconditional tariff cuts on this level of trade' flow. The same method and the same tariff elasticities used to estimate changes in United States exports are used for this estimate. The result of this estimate is an estimated increase in imports of $80 million, or an estimated total of $230 million. TABLE 5.-EXAMPLES OF INCREASED U.S. IMPORTS AS A RESULT OF CAPACITY SHORTAGES IN THE UNITED STATES INCREASED U.S. IMPORTS [U.S. imports in thousands of pounds 11 Product 1964 1965 1966 Phenol Phthalic anhydride Styrene monomer Q 0 0 4 0 0 8,633 4,598 8,544 1 U.S. Tariff Commission, Imports of Benzenoid Chemicals and Products. CAPACITY SHORTAGES IN UNITED STATES 1. Phenol One news article states that prices are being increased by elimination of all discounts from list, and that "Phenol's supply bind has been felt in the industry since the turn of the year, but was aggravated by `a fire that ravaged the cumene plant of Gulf Oil Corporation at Philadelphia late in May." ("Phenol Shopping Soon To Require Additional Cash," Oil, Paint d~ Drug Reporter, June 20, 1966, p. 5, 62.) n These years were chosen because `they are used as base years in the latest edition of the United States Tariff Commission report on Synthetic Organic Chemicals, United States Pro. duction and Sales. Use of other 3-year bases would not invalidate the basic conclusions reached in this study. PAGENO="0249" 4689 2. Phthalic anhydride "Plants are operating at capacity, customers are on allocation and some re- sellers are making spot sales at twice the posted price of 11~Jib., flake, delivered." ("Phthalic: Shortages to Persist," Chemical Week, August 20, 1966, p. 77.) 3. Styrene monomer "If the recent growth rate holds, shortages will exist in a few months, and obsolete capacity-now on standby-will be needed to fill the gap." ("Styrene Monomer Prices Will Be Hiked 1~/lb. Next Month," Chemical Week, March 12, 1966, p. 62.) (Details of this calculation plus an indication of the effects of variation in various values is shown in Appendix D.) Slightly more than 50% of these are expected to be in noncompetitive imports; such imports are not made by a United States manufacturer and therefore are not subject to as much uncertainty in the valuation process. Thus, one is faced with estimating the effects of the removal of "slight" uncertainty on approximately $120 million of imports and the removal of "higher" uncertainty on approximately $110 million of imports. I know of no empirical study which could be used as a guide in arriving at such an estimate. However, my best estimate would be an increase of 5% on the removal of "slight" uncertainty and 10% on the removal of "higher" uncertainty. Thus, an increase in imports is estimated as follows: Noncompetitive imports: Million8 5%X$12() million $6 Competitive imports: 10%X$1io million 11 Total 17 This $17 million, combined with the previous estimate of a $3 million increase in non-benzeneids due to tariff changes, results in an estimated total increase in United States chemical imports of $20 million in 1972 due to adoption of the ASP Package. In order to determine a probable range for this value, subjective estimates were made of the effects of variation in key variables. Over 70% of resulting estimates lie between $7 million and $33 million. Therefore, it seems reasonable to conclude that United States chemical imports will increase by $7-$33 million if the ASP Package is adopted, with a best estimate being $20 million. Additional details are presented in Appendix D. D. Conclusion Adoption of the ASP Package would increase in 1972 United States chemical exports by approximately $130 million and United States chemical imports by about $20 million, giving the United States a net trade surplus of $110 million. Expressing it another way, the ratio of increased exports to increased imports would be expected to be about 6.5 to 1. If the highest estimate of increased United States exports-$160 million-were combined with the lowest estimate of increased United States imports-$7 million-the net trade balance would be an estimated $153 million, and the ratio of increased exports to increased imports as a result of adoption of the ASP Package would be 22 to 1. On the other hand, if the lowest estimate of increased United States exports- $1~X~ million-were combined with the highest estimate of increased United States imports-$33 million-the net trade balance would be an estimated $67 million, and the ratio of increased exports to increased imports as a result of adoption of the ASP Package would be 3 to 1. Therefore, under any set of reasonable assumptions increased United. States chemical exports would be substantially greater than increased United States chemical imports as a result of the adoption of the ASP Package. IV. OTHER EFFECTS OF THE ADOPTION OF THE ASP PACKAGE A. Eepeeted growth in Un4ted States kenzenoid indastry Regardless of whether the ASP Package is approved all segments of the beaze- noid industry in the United States are expected to continue absolute growth (Table 6); although the average growth for all categories of benzenoids is expected to be 45% between 1965 and 1972, a substantially different growth PAGENO="0250" 4690 rate would not change this coaiclusiou. The total imports of benzenoids into the United States predicted for 1972 are equal to 2.7% of the U.S. benzenoid pro- duction predicted for 1972 (Table 7). The share of these imports estimated to be a result of adoption of the ASP Package would be equal to 0.2% of total U.S. production of benzenoicls ($17 million compared with $9,000 million). In turn, sales of benzenoid chemicals account for about 9% of total sales of the United States chemical industry.1 Imports will be equal to a higher percentage of total U.S. production in the dye caliegory than in other categories. It is estimated that dye imports into the U.S. will be equal to 17% of U.S. dye production in 1972. However, because of growth in U.S. dye consumption, it is estimated that the total value of U.S. dye produc- tion in 1972 will be about 44% higher .than in 19f5 (the latest year for which the U.S. Tariff Commission report, Synthetic Organic Chemicals, United States Production and Sales, is available). B. Ewpected comparative manufacturing costs, United States versus Europe 1. Dyes Dyes were selected for this examination because of the concern expressed by many in the United States about foreign competition in the dye product category and because it is estimated that &ye imports would be a higher percentage of United States production than would be the case in other beñzenoid product categories. Table 8 shows estimated United States costs for dye manufacture versus estimated German costs. Germany was selected for this cost comparison because it is the world's largest exporter of dyes. These data are based on average costs for the dye category as a whole. Costs of individual dyes vary widely from this average; however, as discussed below, this cost comparison tends to understate rather than overstate foreign costs. The comparison is made on the basis of equal plant capacity and output. TABLE 6.-ESTIMATED INCREASE IN VALUE OF BENZENOID PRODUCTION, 1965-72 (1) (2) (3) (4) (5) Increase in value of Category Value of 1965 sales 1 (million) Estimated value of 1965 pro- duction 2 (million) Estimated value of 1972 pro- duction° (million) production 1965-72 after Kennedy round and ASP package (col. 4-col. 3) (Million) (Percentage) Intermediates Dyes Pigments Medicinals and pharmaceuticals Flavors and perfumes Other products4 Total $955 292 94 224 57 1,726 $2,220 320 120 310 70 3, 180 $3, 300 460 190 440 100 4,510 $1, 100 50 140 44 70 58 130 42 30 43 1,330 42 3,348 6,200 9, 000 2, 800 45 I Based on U.S. Tariff Commission, Synthetic Organic Chemicals, U.S. Production and Sales, 1965. Minor adjustments were made to attempt to insure comparability with import statistics reported by the U.S. Tariff Commission in Imports of Benrenoid Chemicals and Products; e.g., rubber processing chemicals were included in Intermediates in the above table rather than in Other Products. Elastomers, not subject to ASP valuation method, were not included. 2 Estimated by author using average sales value reported by U.S. Tariff Commission, Synthetic Organic Chemicals, U.S. Production and Sales for total sales as the average unit value of total production. The difference between production and sales primarily represents production consumed by the producing company rather than sold (this is commonly referred to as "captive production"). a Estimated by author by methods presented in authof's "Chemical Marketing Research," bc. cit., primarily by pro- jecting past growth rates for individual categories into the future and adjusting for estimated changes in U.S. exports and imports. As the expected changes in exports and imports are relatively small compared with expected growth in consumption, the percentage growth in production is expected to be very close to that of consumption. Other Products contain data for plastics and resins, plasticizers, surface-active agents, pesticides, and other organic agricultural chemicals, and miscellaneous. This is the grouping used in U.S. Tariff Commission, Imports of Benzenoid Chemicals and Products. 1For the total U.S. chemical industry, only a "value of total sales" rather than "value of total production" figure Is available. Hence, this estimate was made on basis of a sales com- parison rather than production. Value of benzenoid sales obtained from Table 6. Value of total United States chemical industry sales obtained from Organization for Economic Co- operation and Development, The Chemical Industry, 1965-1966, Paris, 1967. PAGENO="0251" 4691 TABLE 7.-U.S. BENZENOID CHEMICALS: ESTIMATED IMPORTS AS A PERCENTAGE OF ESTIMATED PRODUCTION 1972 [Dollar amo unts in millionsj Category Value of 1966 imports' Estimated value of 1972 U.S. imports if ASP package is adopted' * Estimated value of 1972 U.S. production Col. 3 as percentage of cot. 4 (1) (2) (3) (4) (5) Intermediates Dyes Pigments Medicinals and pharmaceuticals $31.2 25.8 1. 7 10. 9 4. 0 14.4 $85 80 7 15 13 47 $3,300 460 190 440 100 4,510 2.6 17.4 3.7 3. 4 13. 0 1.0 Flavors and perfumes Other products Total ~88. 1 `247 9,000 2.7 1 From U.S. Tariff Commission, Imports of Benzenoid Chemicals and Products, 1966. 2 Estimated by author by methods presented in author's "Chemical Marketing Research " I oc. cit., primarily by projecting past growth rates for individual categories into the future and adjusting for estimated effects of Kennedy round including adoption of ASP package. 3 From table 6. 4 Individual numbers in column do not total $88,100,000 because of rounding. `As discussed in app. D, this total is estimated to be $150,000,000 without the effects of the Kennedy round and $230,000,000 with the Kennedy round unconditional cuts but without the ASP package. TABLE 8.-UNITED STATES VS. GERMAN COSTS OF DYE MANUFACTURE AFTER ASP APPROVAL United States Federal Republic of Germany Raw materials 50 Production workers 11 Other employees 6. Other expenses 33 40 6 4 33 Total 100 30-percent tariff 5-percent freight 83 25 4 Total cost in United States 100 112 Note: All figures based on 100 percent of total U.S. costs, assuming ASP package is approved. The estimate for the United States i~ based on data from the latest manu- facturing census in the United States (1963). The estimated costs in Germany were obtained as follows: 1. Raw materials: These costs were estimated to be 80% of the United States costs. This assumes the importation by the United States of German raw ma- terial, the payment of a 20% United States tariff on this raw material and the payment of 5% freight for the shipment of the material from Germany to the United States. Hence, if the raw material sells for 100 in Germany then it would cost the U.S. dye manufacturer 100+20+5=125. Therefore, the price in Germany would be 100/125 or 80% of the pi-ice paid by a U.S. dye manufacturer. This represents the maximum possible difference bctween raw material prices in Germany compared with the United States; as many r~w materials are avail- able in the United States at prices as low as those in Germany, this comparison understates average foreign costs in relation to United States costs. 2. Production workers: The ratio of German to United States houriy wages was obtained from data prepared by the Manufacturing Chemists' Association (of the United States) and presented in Table 9. PAGENO="0252" 4692 Table 9.-Hourly wage rates for chemical industries of selected countries, 1965 [All figures in dollars per hour] Country: United States 2. 89 United Kingdom 1. ~ Germany, Fed. Rep 1.09 France 0. 84 Italy 0.67 iapan 0 ~ NorE.-These data overstate the percentage differences between the United States and foreign costs by not including fringe benefit~, which are usually a higher percentage abroad than in the United States. However, they are used in this study in order to piresent the least favorable comparison for United States plants. Source: Compiled by Manufacturing Chemists' Association from various sources and reported in Appendix 4 of "MCA Position on the Kennedy Round Agreements, the Supple- mental Agreement Relating Principally to Chemicals, and Proposed Trade Policy Legisla- tion." The MCA statement reported some 1966 hourly wage rates, but 1965 was latest year for which hourly wage rates were reported for all of above-listed countries. These data tend to understate average foreign costs in relation to United States costs because they do not contain an estimate of the fringe benefits, which are a higher percentage of base wages in Germany than in the United States. However, these Manufactaring Chemists Association figures are used in order to present the least favorable comparison for the United States plants. It is necessary to correct the average wage rates for differences in produc- tivity. Productivity estimates made on the basis of average output per employee indicate that U.S. productivity per employee is several times higther than that of Germany. For example, OE'CD data for 1964 indicate an apparent productivity of German chemical industry workers of 36% of the U.S. chemical workers.2 However, such comparisons are based on existing operations in both countries and do not consider equivalent productivity for equivalent plants, including size and instrumentation. Therefore, such figures are not realistic when comparing U.S. and German dye-manufacturing facilities, as it is believed that the Ger- man scale of operation and equipment compare favorably with those in the United States. Hence, it is desirable to use an estimate of productivity based on comparable facilities. Though no thorough study of the subject seems to exist, the best estimates available of productivity in comparable chemical plants in various countries are shown in Table 10. On the basis of data in this table, German productivity was taken as 75% of U.S. The use of the 75% figure rather than the 36% figure results in a lower estimate of foreign costs in comparison with United States costs. 3. Other employees: The ratio of German to United States average monthly costs, including fringe benefits, of professional and technical personnel in the chemical industry was calculated from the Kastens citation in Table 10. No estimate is available for differences in productivity of "other employees," but this cost is so small compared with overall costs that any necessary correction would not change the conclusions of this study. 4. Other expenses: There is some question whether the costs of comparable plants are higher or lOwer in the U.S. than abroad. Several references indicate that construction costs are about 10% less in Germany than in the United States; 8 however, in November 1967 the president of a major U.S. engineering and construction company stated that U.S. construction costs were lower because of the very high productivity of U.S. labor.4 Interest costs and utility costs are less in the United States than in Germany. Although there seems to be some basis for estimating that this cost category-"other expenses"-would be lower for the U.S. than for Germany, it is believed that for the purposes of this study that it is satisfactory to assume U.S. and German costs are equal. A U.S. tariff of 30% on all dyes is proposed as part of the ASP Package. The above analysis indicates that on the average for the same sized plant a tariff 2 Calculated by the author from Organization for Economic Co-operation and Develop- ment, op. cit., pp. 5 and 7 of Supplement. 8 See my "Engineering Overseas Projects," Hydrocarbon Processing, Vol. 42 (June 1963), p. 8; and Arthur D. Little, Inc., Revised Datis on the Chemical Industry in the United States, Europe and Japan (May 1965), p. 8. `Charles C. Bonin, President of Chemical Construction Corporation, in an address to the Chemical Marketing Research Association, Philadelphia, November 9, 1967 (see Chdmical and Engineering News, November 20, 1967, p. 34). PAGENO="0253" 4693 TABLE 10-A COMPARISON OF ESTIMATES OF RELATIVE PRODUCTIVITY OF UNITED STATES AND FOREIGN CHEMICAL WORKERS FOR SIMILAR PLANTS SOURCE OF YEARLY STUDY . Kastensi (Union Carbide) 1962 Grosselfinger 2 (Hoechst- Uhde) 1962 Arthur D. LittIe,~ 1962 I.C.l.,4 1966 United Kingdom,n 1967 United States 100 100 100 100 100 United Kingdom 50 65 75 67 60 Germany 55 75 75 France 50 65 75 Italy 40 75 75 Japan 30 65 50 1Productivity Factor Critical, summary of paper by M. C. Kastens reported in Chemical Engineering Progress, February 2 dapital Costs versus Sales Price, summary of paper by F. B. Grosselfinger reported in Chemical Engineering Progress, op. cit. p. 24. Arthur D. Little, Inc. The Impact of Proposed U.S. Tariff Changes on Organic Chemical Imports, May 1962; revised data in May 1965 did not indicate any change in relative productivity. 4 Imperial Chemical Industries Ltd., Productivity Studies-Visits to Canada and the United States. May/June 1966, p. 1. l.C.l.'s estimates indicate that after aIlowin~ for the effects of the larger American markets, the larger size of indi- vidual orders for products, and the use of contractors, efficiency in the use of manpower in the North American chemical companies was about 1j/~ times I.C.I.'s in the United Kingdom. Author's calculation based on statements in National Economic Development Office, Manpower in the Chemical In- dustries, London. Her Majesty's Stationary Office, 1967, p. 4. Statements indicate American output per head in the chemical industry is perhaps 3 times the correspondin~ figure for Britain, but scale of'operations appeared to account for 9-i of this difference. Thus, difference accounted for by factors other than scale of operations=',~ (3-l)=9~; hence, apparent relative productivity is 13~ more in United States than in United Kingdom:, or 60 percent as much in United Kingdom as in United States. This study gave the list of products studied and such products included both batch and continuous processes. The study found that "it was in the labor intensive processes involving considerable amounts of material handling that the Americans appeared to achieve their greatest manpower saving" (p. 14). of 30% provides sufficient protection to enable a United States dye manufacturer to compete cost-wise with imported dyes. However, because all operations are not "average," the United States imported $26 million of dyes in 1966, compared with $350 million of U.S. dye production and $25 million of U.S. dye exports.6 About 2/3 of the value of total dye imports were of "non-competitive" dyes, i.e., they did not compete with dyes made in the United States. It is believed that many of these "non-competitive" imports were based on superiority in technology or "know-how" rather than on differ- ences in hourly wage rates. There is evidence to support the contention that the foreign dye industry enjoys a relatively stronger technological position than do foreign companies in other segments of the chemical industry. First, in the chemical industry direct investment is often a result of technical know-how owned by the investor,5 and investment by foreign chemical companies in the United States is much higher in dye manufacturing than in other areas.1 Second, in the fast-growing area of fiber-reactive dyes, production in the United States is dominated by ICI (British), Toms River Chemical (Swiss), and American Hoechst (German). Of the 75 individual dyes and categories of dyes listed as being fiber-reactive in the latest Tariff Commission Report (1965), only eight were produced by American-owned companies. Production of fiber-reactive dyes has grown at the rate of 40% yearly since 1960 as opposed to a 6% growth rate for the production of all dyes.6 The weight of this evidence suggests that the European competitive strength in dye manufacture is 1~ased on research and development rather than on low labor cast. 6Productlon value estimated from United States Tariff Commission, Synthetic Organic (Jhe,nicals, United States Production and Sales; imports from Table 7; exports from Bureau of Census, U.S. Exports, Commodity by Country, FT~1O. Also, Gruber, Mehta, and Vernon, op. cit., pp. 30-31, discuss and present data on the point that the U.S. investment level abroad Is higher in the research-oriented industries than In other industries. 7Approximately 40% to 50% of foreign investments in the U.S. chemical industry is owned by Swiss companies (Jules Backman, Foreign Competition in Chemicals and Allied Products, Washington: Manufacturing Chemists' Association, Inc., 1965). Much of this Investment, along with much of the British and German chemical investments In the United States, is In dye manufacturing facilities. 8 Flfier-reactive production up from 291.000 nounds to 1.586.000 pounds; total dye pro- duction up from 155,896,000 pounds to 207,193.000 pounds. However, because of higher unit values, fiber-reactive dyes accounted for 2.3% of total dye sales In 1965 ($6,744,000 out of $292,294,000). PAGENO="0254" 4694 2 ProcZacts other th~a~v dyes Turning to categories of chemicals other than dyes, it appears that the U.S. manufacturer is relatively stronger vis-a-vis foreign competition for several reasons: 1. The larger U.S. market represents a relative advantage for U.S. manufactur- ers of chemicals produced in large-scale, continuous processing equipment. In dye manufacture a number of dyes usually are produced in one set of equipment; one batch of dye A is made and then later the same equipment is used to make a batch of dye B. There are some economies in making longer production runs of more batches of a given dye at a time and some economies in purchasing larger volumes of raw materials. Still these economies are small compared with the labor and capital saved by the manufacturer of a large-volume chemical such as styrene monomer when he erects a larger plant for increased output. 2. The wages of production wOrkers as a percentage of total value added by manufacture are slightly less for most other chemical product categories than for dyes (Table ii), although this difference by itself would not have an important impact because of the relatively small differences. TABLE 11.-SELECTED MANUFACTURING STATISTICS FOR BENZENOID AND CERTAIN OTHER CHEMICALS SIC No. Wages of Value added production by manufacture Description workers (millions) (millions) Wages of production workers as a percentage of value added by manufacture 2812 2813 2814 2816 2818 2819 2821 2815 28151 28152 28153 Alkalies and chlorine $88. 0 $389. 0 Industrial gases 33. 0 260. 0 Cyclic (coal-tar) crudes 8.6 35. 1 Inorganic pigments 50. 0 286. 0 Organic chemicals (other)l 450.0 2,727. 0 Inorganic chemicals (other) 352. 0 1,903.0 Plastics materials1 264. 0 1,202. 0 Intermediate coal-tar products' 116. 0 570. 0 Cyclic intermediates 12 Synthetic organic dyes 12 Synthetic organic pigments 12 22. 6 12. 7 24. 5 17. 5 14. 9 18. 5 22. 0 20. 4 17.8 23. 8 24. 1 I Denotes that benzenoids subject to ASP are included in important quantities in these categories; in some cases, nonbenzenoids are also included. 2 Usually considered by U.S. companies to be the chemical area most susceptible to import competition because of low foreign wages. Note: The above list includes all categories in SIC 281 (Basic Chemicals); additionally, plastics materials (SIC 2821) were included with the comparison because the United States is especially competitive internationally in the plastics area (e.g., net trade balance in 1966 in plastic materials-SITC 581-was $413 million). 3. The United States tariff for many of these other chemical products is higher than it appears to be because of the existence of specific duties plus an ad valorem. For example, the United States and E~O tariffs on two chemicals previously mem tioned would be as follows if the ASP Package is approved: United States . Stated rate EEC (percent) Ad valorem equivalent (percent) Styrene monomer 1.4 cents per pound pIus 8 percent Synthetic phenol 1.5 cents per pound pIus 12 percent 25 27 4 2 The unit prices used to calculate the U.S. ad valorem equivalent are: Styrene monomer, 8 cents per pound; and phenol 10 cents per pound. In conclusion, the proposed 30% tariff on dyes seems to be higher on the aver- age than the difference in manufacturing costs between United States and Ger- many. United States manufacturers of many of the other chemicals, especially those made in larger volumes than dyes, are in a stronger competitive position than are dye manufacturers with respect to foreign competition. PAGENO="0255" 4695 C. Adjustment ability of the United states chemical companies If the ASP Package is adopted, then the future growth in productive capacity of those products in which United States manufacturers are especially com- petitive will be increased because of additional exports; on the other hand, growth in an area such as dyes will be slower than would otherwise be the case. * The adjustment of the utilization of resources to cope with such a change in future investment patterns should be relatively easy for the chemical industry. First, the industry is constantly shifting resources into new products. Second, the industry has many trained personnel, such as members of the Chemical Mark- eting Research Association and the Commercial Chemical Development Associa- tion, who specialize in searching for new product opportunities. Third, most of the output of United States dyes and other benzenoids are made by companies that produce many other products. Many of these other products are made at the same plant site as are dyes and other benzenoids. This ability of rapid adjustment should enbale the United States chemical companies to adjust to any export opportunities opened up by the adoption of the ASP Package. D. Retention by Congress of the power to determine tariff levels Traditionally, the power to set tariff levels has rested with Congress. How- ever, for practical purposes in the case of products protected by the ASP method of valuation, the power to set tariffs rests with the United States producers. The reason for this is that once a tariff level is set by Congress, the effective tariff rate is raised any time United States producers increase prices on the product. As a result, the effective tariff is increased without any reference back to Con- gress. The protection of the United States consumer by the setting of effective tariffs by Congress is especially important in the dye product category because of the relatively low level of competition as shown below.10 Number of producers in th . e United States Individual dyes made by num- ber of producers shown at left Number Percentage of total 1 646 50 2 214 17 3 125 10 4 105 8 5or more Total 196 15 1,286 100 Thus, 50% of the individual dyes made in the United States are made by only one United States producer, while 85% of the individual dyes are made by four or less producers. Data indicating the total production or total sales of individual dyes made by any specified number of producers are not available. However, about 45% of the total U.S. sales value of dyes appeared in the "all other" categories of the 1965 United States Tariff Commission Report on 1~ynthetic Organic Chemicals Production and t~ales, and most if not all of these sales were of dyes made by three or less producers. E. Conclusions These conclusions are in addition to those presented in Section III D. Con- tinued growth is expected in all segments of the United States benzenoid in- dustry regardless of whether the ASP Package is approved. The United States chemical industry is expected to be able to take advantage of the export oppor- tunities opened up by the adoption of the ASP Package. Under the ASP method of valuation, United States producers can raise the effective tariffs without Congressional approval by raising domestic prices. Adoption of the ASP Package would enable Congress to retain the power to determine tariff levels. l0TJ~j~5 States Tariff Commission, Sjrnthetic Organic Chemicala, United States Produc- tion and Sales, 1965. PAGENO="0256" 4696 APPENDIX A DETAILS OF THE KENNEDY ROUND AND ASP PACKAGE I. THE KENNEDY ROUND PACKAGE Unconditional obligations undertaken in the Kennedy Round are as follows: 1. The United States agreed to duty reductions on products accounting for nearly all (95 per cent) of United States dutiable chemical imports. Tariffs will be reduced 50 per cent on most items with rates above 8 per cent; 20 per cent on items 8 per cent and below. The United States retains the ASP method of valua- tion for benzenoid chemicals (the ASP method of valuation is explained below). 2. The European Economic Community agreed to duty reductions on traiff items accounting for 98 per cent of its dutiable chemical imports from the United States. Most duties will be reduced by 20 per cent. Certain items, however, will be subject to reductions of 30 per cent and 35 per cent, while some others will be reduced less than 20 per cent. 3. The United Kingdom agreed to duty reductions on virtually all chemical imports from the United States except certain plastics. Most British plastics duties are currently 10 per cent, a level considerably lower than other major trading countries. The United Kingdom has agreed to reduce tariffs at rates of 25 per cent and above by 30 per cent, and rates below 25 per cent by 20 per cent. 4. Other participants agreed to reductions in their chemical tariffs as part of their Kennedy Round concessions. II. THE ASP PACKAGE The following concessions are contingent on United States elimination of the ASP valuation system: 1. The United States would eliminate ASP and replace rates currently based on ASP with rates that have been proposed by the Tariff Commission to be applied on the valuation as normally calculated for other United States imports and yielding the same revenue as the previous rates. These "converted" rates would be reduced, by stages, generally by 50 per cent or to an ad valorem equiva- lent of 20 per cent, whichever is lower, (except that in some cases the retainment of "specific components" will result in total tariffs substantially higher than 20 per cent). The principal exceptions of this formula are dyes, pigments and sulfa drugs, duties on which would be reduced to 30 per cent for dyes and pigments and 25 per cent for sulfa drugs. In addition, the United States would reduce the 8 per cent and below rates subject to the 20 per cent cut in the Kennedy Round unconditional package by a further 30 per cent and further reduce by more than 50 per cent a few other items to the 20 per cent level. 2. The European Economic Community would reduce its chemical tariffs by an additional amount so as to achieve a combined Kennedy Round-ASP Package reduction of 46 per cent on chemical imports from the United States. Virtually all EEC chemical tariffs would be at rates of 121/2 per cent or below. (Belgium, France, and Italy would also modify road-use taxes so as to eliminate discrimina- tion against American-made automobiles.) 3. The United Kingdom would reduce most of its chemical tariffs according to the following formula: Items at present dutiable at 25 per cent and above would be reduced to a level of 12½ per cent, for a 62 per cent combined Kennedy Round and ASP Package reduction. Tariff items with duties of less than 25 per cent would generally be reduced by the amount necessary to achieve a com- bined reduction of 50 per cent in the two packages. U.K. plastics tariffs which would be above the reduced EEC rate on the same item would be cut to that level and bound. The combined weighted average reduction in the level of British chemical tariffs on United States trade would be approximately 47 per cent on chemical imports from the U.S. After these reductions virtually all British chemical tariffs would be at rates of 12'/2 per cent or below. (The United Kingdom would also reduce by 25 per cent its margin of preference on imports of tobacco.) III. THE ASP METHOD OF VALUATION Most imports in the United States are subject to what is called an ad valorem rate of duty. Such a rate is expressed as a percentage of the value of an liii- ported article (e.g., 10% ad valorem). In almost all cases, the ad valorem rate PAGENO="0257" 4697 of duty is applied to the wholesale price in an arm's-length transaction in the cotintry of export-known in customs parlance as export value. This is not the case, however, with respect to four, but only four, categories of products-benzenoicj chemicals, rubber-soled footwear, and certain canned clams and wool-knit gloves. If any of these products are imported into the United States and found by the Bureau of Customs to be competitive with a domestic product, then the ad valorem rate of duty is applied to the wholesale price of the competitive domestic product-the American selling price. Under the ASP method of valuation, the rate of duty for a particular imported article is applied to a price for a domestically produced product like or similar to, or competitive with, the imported article, irrespective of the value of the imported article. For imported benzenoid chemicals, if there is no competitive domestic product, the imported article is dutiable on the basis of United States value; United States value is the wholesale market price in the United States of prototype products imported previously, less import duty and certain other costs and allowances. If there is no United States value, the import article is appraised according to the conventional method of valuation. IV. GENERAL DESCRIPTION OF EENZENOID CHEMICALS The chemicals subject to ASP provisions are certain "cyclic organic chemicals having a benzenoid, quinoid, or modified benzenoid structure," as well as cer- tain acyclic chemicals "which are obtained, derived, or manufactured in whole or in part from . . . cyclic products having a benzenoid, quinoid, or modified benzenoid structure." These chemicals are commonly referred to as benzencdcl chemicals and are either characterized by a molecular structure having one or more six-membered rings or are derived from a product having such a struc- ture. Benzenoid chemical crudes, benzenoid elastomers, and most benzenoid chemicals produced from naturally occurring animal or vegetable products are not subject to the ASP provisions. Sources: Details of the Kennedy Round agreements are contained In Agreement Relating Principally to Chemicals, Supplementary to the Geneva (1967) Protocol to the General Agreement on Tariffs and Trade, Geneva, 30 June, 1967. The summary presented above under Sections I and II is based on the press release of June 29, 1967, by the Office of Special Representative for Trade Negotiations, Washington, D.C. 20506. Information on the ASP method of valuation and the general description of benzenold chemicals was obtained from United States Tariff Commission, Products Subject to Outy on the American Selling Price Basis of Valuation; Conversion of Rates of Duty on 8uch Products to Rates Based on Valuds Determined by Conventional Valuation Methods, PC PublicatIon 181, WashIngton. D.C., July 1966. APPENDIX B DETAILS OF ESTIMATE OF EFFECT OF ASP PACKAGE ON U.S. EXPORTS The method used to estimate the effect of the adoption of the "ASP Package" on United States exports is: (1) United States exports to EEC and United Kingdom are projected to 1972, first without allowing.for any tariff cuts; (2) An estimate of increased exports due to the Kennedy Round unconditional tariff cuts is made; (3) An estimate of the effect of tariff cuts due to adoption of the ASP Package is made; and (4) An estimate of the effect of variations in key variables is presented. These estimates are based on the assumption that there will be continued growth in world trade and reasonably stable price levels in the U.S. such as existed during the past ten years. I. PROJECTIONS OF EXPORTS TO 1972 Data on United States chemical exports to the EEC and United Kingdom for the past 10 years are presented in Table 1. United States chemical exports to the EEC and United Kingdom have grown at an average yearly rate of 12.2% during this period (taking 1957-1959 as a three-year base as is done in latest United States Tariff Commission report on Synthetic Organic Chemicals, United States Production and Sales). A continuation of this growth rate between 1966 and 1972 would result in total chemical exports to EEC/UK in 1972 of $1.5 billion. 95-159 O-68--pt. 10-17 PAGENO="0258" 4698 During 1965-66, the growth in U.S. exports to the EEC/UK slowed because of a tight capacity/demand relationship in chemicals in the United States.1 However, it is believed that this condition is not representatve of long-run trends and that the increase in United States chemical exports to the EEC/UK of 7.4% in 1966 over 1965 probably is lower than should be expected between 1966 and 1972. Still, if this 7.4% growth rate is used in order to project exports to 1972, this resulting estimate of $1.2 billion might represent a reasonable estimate for the probable "low." However, in this study in order to use a conservative esti- mate of United States export growth, this $1.2 billion is used as the "best esti- mate" of United States exports to the EEC/UK in 1972. In some years United States exports to the EEC/UK increased as much as 30% (e.g., 1964 versus 1963), but this is too high a figure to use in order to make a reasonable estimate for a probable "high." If the $1.2 billion is used as the "best estimate," then it seems reasonable to use as a "high estimate" the $1.5 billion previously calculated for the 12.2% growth rate. In order to have a $300 million difference on either side of the "best estimate," a figure of $900 million- equivalent to a growth rate of 2.7%-is used for the "low estimate." The im- portant point about `these estimates is that they are made only to enable the estimation of the effect of the ASP Package, and as is shown later, a variation of $600 million in the estimated level of U.S. exports does not affect the major conclusions of this study. Various methods of estimating future market demand for chemicals are shown in my article on chemical marketing rusearch.2 For a category of chemicals comprising thousands of individual items, the projection of past trends is a reason- able and commonly-used method. The dangers involved in projecting past growth rates into the future are discussed in this article. An especially significant danger is that the projected growth will become too large in comparison with either the production capabilities of the exporting country or the market requirements of the importing country. However, in this analysis this danger does not seem to be very real because it is estimated that the total United States exports to he EEC/UK in 1972 will be less than 3% of either United States chemical proi duction or the combined EEC/UK chemical consumption in 1972 (exports less than $1.5 billion compared with $50 billion for United States chemical production or the combined EEC/UK chemical consumption). An alternate method of estimating United States exports is to relate growth In United States exports to growth in the EEC/UK market. However, with this approach, two estimates must be made: (1) the relationship between growth in United States exports and growth in the EEC/UK market; and (2) the growth in the EEC/UK market. For the analysis in this report, if it is assumed that conditions and relationships existing in the period 1957-1966 are representative of conditions and relationships that will exist between 1966 and 1972, then the various methods would result in approximately the same estimate of United States exports in 1972. Hence, the simpler method of using a conservative estimate of a past trend line is believed to be quite satisfactory. II. ESTIMATE OF THE EFFECTS OF KENNEDY ROUND UNCONDITIONAL TAIIIFF REDUCTIONS The next step is to determine the effects of the Kennedy Round unconditional tariff cuts on the expected export flow of $1.2 billion from the United States to the EEC/UK in 1972. Because of the large number of individual chemical commodities in question, some of which are not yet in existence but which will be by 1972, it is necessary to estimate the effect of tariff cuts on an aggregate basis. Detailed studies have been made showing the effect of tariff cuts on aggregated groups of products. A review of these studies reveals that a tariff decrease equivalent to 1% of the combined value of the goods and tariff results in an increase in trade flow in chemicals of about 2.5-5%. For this study an estimate of 3.5% is used for 1 tight capacity/consumption relationship in the United States is discussed in more detail in Chapter III of this report. 2Rebert B. `Stobaugh, Jr. "Chemical Marketing Research," Chemical Engineering (Novem. her 22, 1965) pp. 153-160. PAGENO="0259" 4699 1972, with a "high estimate" of 4.5% and a "low estimate" of 2.5% (these figures are referred to as "tariff elasticities") .~ The tariff elasticity studies are based on changes in tariff levels weighted by trade flows. Hence, for the analysis which follows the changes in EEC/UK tariffs are based on an estimate of such tariffs weighted by United States exports to the EEC/UK. The applicable EEC/UK tariffs on chemicals without taking into account any Kennedy Round reductions are estimated to be 14.3% (on the basis of tariffs weighted by United States exports to the EEC/UK) .~ These average EEC/UK tariffs are being reduced by approximately 21% (of 14.3%) by the Kennedy Round unconditional tariff cuts and by an additional 25% (of 14.3%) conditional on the ASP Package. Thus, the average tariff levels will be 14.3X (1.00-0.21) or 11.3% after the Kennedy Round unconditional tariff reductions and 14.3x (1.00-0.21-0.25) or 7.7% if the ASP Package is adopted. Therefore, United States chemical exports to the EEC/UK are calculated to increase as follows as a result of the Kennedy Round unconditional tariff reductions: Percentage change Estimated value of ex- Estimated Tariff in combined value ports without tariff = increased elasticity of goods & tariff cuts exports 14.3-11.3 3.5 X 114.3 X $1.2 billion = $110 million If the ASP Package is adopted then the increase in U.S. chemical exports to the EEC/UK as a result of the combined Kennedy Round and ASP Package tariff re- ductions are calculated as follows: Percentage change Estimated value of ex- Estimated Tariff in combined value ports without tariff = increased elasticity of goods & tariff cuts exports 3.5 X _______ X $1.2 billion $242 million Therefore, the incremental increase in United States chemical exports to the EEC/UK as a result of adoption of the ASP Package would be $132 million ($242 million minus $110 million). III. ESTIMATE OF THE ESTEOT OF VABIATIONS IN KEY VARIABLES In order to determine a probable range of the effect of adoption of the ASP Package, calculations were made using the estimated "lows" and "highs" of both the tariff elasticity and the level of United States exports to EEC/UK without the Kennedy Round unconditional tariff reductions. A subjective estimate of 1/G was placed on the probability of occurrence of the "low" estimates of tariff elasticities ~ details of Individual studies, see: Bela Balassa, Trade Liberalization among Industrial Countries: Objectives and Alterna- tives (New York: McGraw-Hill Book Company, 1967). Appendllx to Chapter 4. R. J. Ball and K. Marwah, "The U.S. Demand for Imports 1948-1958," The Review of Economics and Statistics, November 1962, pp. 395-401. L. B. Krause, "United States Imports, 1947-1958," Econometrica, April 1962, pp. 221-38. M. B. Kreinln, "Effect of Tariff Changes on the Prices and Volume of Imports," American Economic Review, June 1961, pp. 310-24. "`Price' vs. `Tariff' Elasticities in International Trade-A Suggested Recon- ciliation," American Economic Review, September 1967, pp. 891-94. "Price Elasticities In International Trade," The Review of Economics and Statis- tics, November 1967, pp. 510-16. B. A. G. Robinson (editor). Economic (Jonsequences of the Size of Nations (New York: St. Martin's Press, Inc., 1960). See Verdoorn's study presented In Chapter 19, p. 291. ~ estimate was made by me on the basis of a study of tariffs and trade flows. While slightly different figures can be obtained for different past years and for future years de- pending on the assumptions made relative to the mix of chemicals to be exported, It Is believed that any error Introduced as a result of adopting the 14.3% figure is not large by comparison with the ranges used in this study for the probable "low' and "high" tariff elasticities. PAGENO="0260" 4700 and 115. exports to EEC/UK without Kennedy Round unconditional reductions; a probability of 2/3 was placed on the "best" estimates and a probability of 1/6 on the "high" estimates of these variables. Over 70% of the resulting estimates of the increase in United States chemical exports lie between $99 and $165 million. The average is $132 million. If these figures are rounded, it seems reasonable to conclude that United States chemical exports will increase by $100-$160 million if the ASP Package is adopted, with a best estimate being $130 million. APPENDIX C ADDITIONAL INDICATIONS OF IMPORTANCE OF RESEARCH AND DEVELOPMENT AND MARKET Sizs RATHER THAN WAGE RATES AS DETERMINANTS OF INTERNATIONAL TRADE I. BESEABCH AND DEVELOPMENT A recent study by Gruber, Mehta, and Vernon1 indicates that a major differ- ence between the five United States industries that account for the United States trade surplus2 and fourteen other major industries is the amount of funds spent on research and development. The chemical industry is one of these five "export industries," and ranked second in net trade balance in 1966 (Table C-i). In terms of scientists and engineers as a precentage of total employment, these five industries spent 4.7 times as much as the fourteen other major industries; in the sales area, these five industries spent nine times as much on scientists and engineers as did the other fourteen industries. As scientists and enigneers are often needed in the sales area for new products, this lends credence to the belief that a large R & D effort for new product development is a major cause of exports. II. MARKET SIZE To illustrate the point that market size is an important determinant of chemi- cal exports, a tabulation of the relative rank of Gross National Product and chemical exports is shown below for 1~5, for the six countries listed in a Manu- facturing Chemists' Association memorandum.3 While it would be possible to select certain countries to show certain results of tests, this list of countries was used because it was selected by the Manufacturing Chemists' Association. Country . Rank order of GNP Rank order of chemical exports United States Germany, Federal Republic United Kingdom Japan France Italy 1 2 ~ 4 ~ 6 1 2 ~ 6 `I 5 This tabulation indicates that the higher a country's GNP, the higher also are its chemical exports. A rank correlation of this relationship is significant `at the 95% confidence level.4 1Wffliam Gruber, Dileep Mehta, and Raymorni Vernon, "The R & P Factor in Interna- tional Trade and International Investment of United States Industries," Journal of Political Economy, LXXV (February 1967), pp. 20-37. 2 Trade surplus of these Industries in 1966 was $8.5 billion compared with a total for all United States manufacturing of $5.0 billion (Table C-i). See Table C-2 for data and for exact citation for Manufacturing Chemists' Association memorandum. Spearman's rank correlation coefficiemt=0.83. PAGENO="0261" 4701 TABLE C-1.--CHARACTERISTICS OF 5 U.S. INDUSTRIES THAT ACCOUNT FOR TRADE SURPLUS iN MANUFACTURED GOODS lIn billions of dollarsj Industry and SITC No. U.S. Exports 1966 U.s. Imports U.S. Trade Surplus Machinery except electrical (71) $5. 55 Chemicals(5) 2.68 Transportation (73) 3.71 Electrical machinery (72) 1.90 Instruments (86) 0.76 $1. 59 0.94 2.21 1.01 0.39 $3.96 1.74 1.50 0.89 0.37 Total 14.60 6.14 8.46 Total all manufactures (SITC 5, 6, 7, 8) 19. 1 14. 1 5. 0 : 5 Industries Above 14 Other Industries Scientists and engineers in R. & D. as percent of total industry employment Scientists and engineers in production as percent of total Industry employment Scientists and engineers in sales as percent of total industry employment 3.2 2. 1 0.9 0.4 0. 8 0. 1 Total 6.2 1.3 Net fixed assets as percent of value added 31. 0 41. 0 Sources: Trade data from Bureau of the Census. Other data from Gruber, Mehta, and Ve rnon, bc. cit. TABLE C-2.-GROSS NATIONAL PRODUCT AND CHEMICAL EXPORTS FOR LIST OF COUNTRIES SELECTED BY MANUFACTURING CHEMISTS' ASSOCIATION, 1965 GNP Chemical (billions) exports (millions) United States Germany, Federal Republic United Kingdom Japan France Italy $681 112 99 96 94 57 $2, 402 2, 077 1,230 547 1,014 605 Sources: GNP data: International Monetary Fund, International Financial Statistics; Chemical exports: Organization for the Economic Co-operation and Development, op cit, p. 35. List of countries: Those for which wage rates were included In the list compiled by Manufacturing Chemists' Association and reported in appendix 4 of "MCA Position on the Kennedy Round Agreements, the Supplemental Agreement Relation Principally toChemicals, and Proposed Trade Legislations." III. UNIT WAGE RATES To illustrate the point that low wages in the ehenilcal industr~y apparently are not a major determinant of chemical exports, the rank order of wage rates presented for the six major industrial countries in the recent Manufacturing Ohemists' Association memorandum are compared below with the ranic order of chemical exports of these countries for 19(~5.° Country Rank order of unit wage rates Rank order of chemical exports United States United Kingdom Germany, Federal Republic of France Italy Japan 1 2 3 5 6 1 3 2 6 See Tables 9 and C-2 for data sources. PAGENO="0262" 4702 As shown above, instead of the low-wage countries being large exporters of chemicals, the countries with the highest wages are the largest exporters of chemicals. Therefore, the results of studies mentioned in Section III of the body of the study together with the data in this Appendix strongly suggest that a combina- tion of a large market and R & D activity is much more important in explaining chemical exports than are unit wage rates. APPENDIX D DETAILS OF ESTIMATE OF EFFECT OF ASP PACKAGE ON UNITED STATES IMPORTS I. PRESENT UNITED STATES TARIFF LEVELS OF BENZENOIDS Because duties for benzenoicls are based on ASP, there are no readily available statistics showing average duty based on foreign "exports values." An estimate of 45% was used for this study, based on data from the following sources: 1. H. G. Grubel and H. G. Johnson, "Nominal Tariff Rates and United States Valuation Practices: Two Case Studies," The Review of Economics and Statis- tics, May 1907, pp. 138-142. This article presents estimates of effective tariffs for benzenoid intermediates; these estimates were from a low of 40.9% to a high of 53.2% 2. Averages of ad valorem equivalents reported in P.O. Publication 181.1 The arithmetic average of ad valoreni equivalents for 12 categories accounting for 90% of benzenoid imports was 55%. However, a check of categories accounting for over half of this 90% indicated that the arithmetic averages overstate the weighted-average tariff level by 15% to 100%. This would suggest an effective tariff level of 28% to 48%. If anything, this estimate of 45% might be a little on the high side. However, the final estimate is not very sensitive to reasonable changes in this estimate, as the use of 40% rather than 45% would decrease by less than 10% the estimated increase in imports. IL CHANGES IN IMPORTS AS A RESULT OF CHANGES IN LEVEL OF UNITED STATES DUT~S There are three different changes in United States duties which would be brought about by adoption of the ASP Package. Each is discussed in turn. A. Uon~version of ASP rates to con~vcational rates A detailed comparison of rates after the Kennedy Round,2 the "converted rate" calculated by U.S. Tariff Commission,' and the rates which would apply with adoption of the ASP Package did not reveal any systematic bias toward either higher or lower rates. Therefore, changes in tariff levels should result in an average net difference of about zero, after allowing for the increases and decreases in individual items. The effect of the removal of uncertainly in the valuation process is discussed in Section III of this Appendix. Since the wide variety of rates on dyes would be standardized at 30% with adoption of the ASP Package, a more detailed examination was made of dye cate- gory 406.50, which accounted for approximately 70% of dye imports in 1965.~ This category includes 272 individual dyes plus an "other" category. Dye category 406.50 has a current rate of 40% ASP which will be reduced to 20% ASP as a result of the Kennedy Round unconditional cuts. Its current converted ad val- orem equivalents range from a low of 38% to a high of 172%, so this range will become 19% to 86% as a result of the Kennedy Round unconditional cuts. If the ASP Package is adopted, all of these rates would become 30%. Therefore, the lowest rate would be increased by 11% and the highest rate reduced by 56%; other rates in between these two extremes would be affected less. lTJnlted States Tan!! Commission, Products Subject to Duty on the American Selling Price Basis of Valuation; Conversion of Rates of Duty on Such Products to Rate8 Based on Values Determined by Conveational Valuation Methods, Washington, D.C., July 1966. (T.C. PublIcation 181.) 2 BasIc data from: Office of the Special Representatives for Trade Negotiations, Report on United States Negotiations, Washington, D.C., Superintendent of Documents. 8The conventional rate calculated by U.S. Tan!! Commission to result In same revenue that would result from ASP rate (see P.C. Publication 181, op. cit.). `Calculated from reference given In Footnote 1 above. PAGENO="0263" 4703 A unit value for the various subcategories of dyes in 406.50 was calculated by dividing the "specific equivalent" by the "converted rate." This unit value was then multiplied by the quantity of imports for 1964 in order to obtain an esti- mated value for the imports of each subcategory.° This estimated value for each subcategory was then multiplied by the level of tariff changes which would result for the subeategory as a result of the ASP Package. The results indicated that because of the much larger quantity of imports at the lower duty level, there would be on the average a slightly higher weighted-average duty after the ASP Package than before. Therefore, proceeding on the basis that the average duty level would not change as a result of the ASP Package would result in a higher import estimate than would actually be the case. B. Reductions in duties on items with duties less than 8% United States imports of the 79 non-benzenoid chemicals covered by this pro- posed reduction amounted to approximately $31.6 million in 1965. Eight items accounted for $21.1 million, or 67% of the total. The weighted average tariff reduction for these eight items for the ASP Package would be 1.8% of the value of the items. If a "tariff elasticity" of 3.5 is used (as is used for other calcula- tions) imports would increase by slightly over 6%, or about $2 million for 1965 trade volume. If allowance is made for a normal expansion of trade to 1972, then the increase due to the ASP Package would be about $3 million. C. Reduction in duties on items with duties greater than 50% The value of imports of these items in 1965 was $304,000. One item, vinyl chloride monomer, accounted for $257,000 of this. The tariff reduction due to the ASP Package for, this item is the same as a reduction in ad valorem equivalent of from 27% down to 23%.~ Thus, the increase in trade due to this reduction should be negligible in terms of evaluating the overall ASP Package. D. Conclusions The major changes in import levels due to changes in tariff levels would be in the importation of the 79 non-benzenoid chemicals; the expected increase in imports is about $3 million for 1972. III. CHANGES IN IMPORTS AS A RESULT OF REMOVAL OF UNCERTAINTY First, an estimate of the level of benzenoid imports expected in 1972 without any Kennedy Round cuts is presented. Next, an estimate is presented showing the effects of the Kennedy Round unconditional tariff cuts on estimated 1972 im- ports. Finally, estimates are presented showing the effects of removal of uncer- tainty on those imports because of elimination of the ASP method of valuation. A. Level of imports in 1972 without any Kennedy round tariff reductions Benzenoicl imports have increased at a compounded rate of 15% annually be- tween 1957-1959 and 1966; however, most of this increase occurred in 1965-66 when shortages of capacity in the United States resulted in increased imports. This is discussed in detail in the body of this study and in Table 5. The annual growth rate of 9% experienced between 1957-1959 and 1964isa more reasonable one to expect in. the long run. Projection of United States benzenoid imports to 1972 with a 9% growth rate would result in estimated benzenoid imports of $150 million in 1972 versus $200 million for the 15% growth rate. If $150 million is used as a "best estimate" and $200 million as a "high estimate," then it seenis reasonable to use $100 million as a "low estimate." Effects of using the "low" and "high" estimates instead of the "best" estimate are presented below in Sec- tion IV of this Appendix. B. Effect of the Kennedy round unconditional tariff redactions As discussed In Sections I and II of this Appendix the tariff changes are from the present effective level of about 45% down to a new level of 22½%. Using the same tariff elasticity and same method of calculation as used for United States ~ This is a $/pound equivalent of the total combined specific and ad valorem rates for a given category (see T.C. Publication 181, op. cit.). Thus, if specific equivalent=$1.OO and converted racte=50%. then unit value=$2.OO. 8 Import data from United States Tariff Commission, Imports of Betvzenoid Chemicals and Products, 1964. ~A reduction In actual tariffs of from 1.25c~/pound~6% down to 1~/pound+6%; this item has a unit value of 6t/pound according to United States Tariff Commission Report, United Htates Production and Hales of Organic Chemicals, 1965. PAGENO="0264" 4704 exports results in the following estimate of the increase in United States hen- zenoid imports due to the Kennedy Round unconditional tariff cuts: Tariff elasticity X Percentage change X Estimated imports Estimated in- in combined value before allowing for crease in im- of goods and tariffs tariff reductions ports due to tariff reduc- tions 3.5 X 45-22.5 x $150 million = $80 million 145 Adding the estimated increase in imports of $80 million to `the previously esti- mated level of $150 million results in a new estimate of $230 million for `benzenoid chemicals. Effects of varying the key numbers are shown below in Section IV of this Appendix. Slightly more than 50% ol' these imports will be in noncompetitive imports; i.e., those not made `by a United States manufacturer and therefore not subject to as much uncertainty in the valuation process. Thus, one is faced with estimating the effect of the removal of `4slight" uncertainty on $120 million of imports and the removal of "higher" uncertainty on $110 million of imports. I know of no empirical study to serve as a guide in arriving at an estimate. However, my best estimate would be an increase of 5% on the removal of "slight" uncertainty and 10% on the removal of "higher" uncertainty. Thus, an increase in imports would be expected as follows: 5% x $120 million = $ ~ million 10% X $110 million = $11 million Total = $17 million Effects of varying these percentages are presented below., IV. EFFECT OF VARIATIONS IN KEY VARIABLES `ON FINAL ESTIMATES Variations in estimates of the following key variables were made in order to de- termine a probable range rather than just a "best" estimate for the effects of the adoption of the ASP Package on United States imports. . Key variable Ran ge of estimates Low Best High Change in average U.S. tariff rates on benzenoids as a result of adoption of ASP package (percent) Level of U.S. benzenoid imports in 1972 without any Kennedy round tariff cuts (millions) Tariff elasticity (percent) Effect of removal of uncertainty -5 $100 2. 5 0 0 $150 3. 5 5 and 10 10 a +5 $200 4. 5 nd 20 A subjective estimate of ~ was placed on the probability of `the occurrence of each of the "low" estimates, an estimate of % for the occurrence of each of the "best" estimates, and an estimate of 1/6 for the occurrence of each of the "high" estimates. Over 70% of the resulting estimates of change in United States exports as a result of the ASP Package are between $7 million and $33 million. From this, it seems reasonable to conclude that United States imports of benzenoids would increase by $7-$33 million, with a best estimate of $20 million. The CHAIRMAN. We thank you, Mr. Stobaugh. Mr. ST0BAUGH. Thank you. STATLMENT OP KARL 1IOC'HSC*KWE~ThER Mr. HOCHSCHWENDER. Mr. Chairman and members of the committee, the importers of benzenoid chemicals believe that~ a repeal of ASP, even though there will be an increase in the average tariff protection, PAGENO="0265" 4705 will lead to an expansion of their business. The ASP valuation method makes it difficult to do business while a major cost-in this case the duty-is uncertain and often not fixed until long after a transaction has been concluded. It is even more difficult to do business in these cir- cumstances when your competitor has the means to manipulate this cost factor. When a U.S. firm originates a line of business by importing a prod- uct which is not being manufactured in the United States, the ad valorem component of duty is assessed on "U.S. value"-the importer's sales price less allowances for profit, overhead, freight, and duty. After this importer develops a market for his product based upon this valua- tion, a domestic manufacturer may decide to start producing the. same article. He can exclude the importer from the market by listing an ASP price just high enough so that the sum of the resulting higher duty, added to the importer's landed cost for the product, is above the domestic price. Thus, the ASP system fosters a form of economic parasitism. Recently one of our member companies was selling a noncompetitive intermediate at a price of $3.25 a pound paying duty on a U.S. value of $2.40 a pound. The Bureau of Customs notified the company that a domestic manufacturer has been offering the product at a price of $8 a pound. In this case the importer was nevertheless able to compete against the domestic manufacturer's price of $8 a pound. However, since entries as much as 2 years old were still unliquidated, the im- porter had to pay substantial additional duties which wiped out his profits. One may ask why a domestic manufacturer offers an article at a noncompetitive price. Sometimes the domestic manufacturer does not intend to adhere to his list price. Then again, the manufacturer may not have serious intentions of selling the product at all, especially if it is an intermediate. He may be using the product to manufacture a dye or another finished product. By reporting a high sales price he can artificially inflate the production costs of his domestic competitors who manufacture the same end prod- uct using imported intermediates. Furthermore, the importer is constantly exposed to uncertainties resulting from the revision of domestic (prices. Even the withdrawal of a (price by one domestic manufacturer may result in a surprise pen- alty for the importer. One of our members recently sold an inter- mediate at $2.30 a pound, the duty being 31/2 cents a pound plus 25 percent ad valorem on the ASP of $2.40 a pound, a total duty 63½ cents a pound. The manufacturer withdrew his price bringing~ into effect the next hi.gher price of $3.50 a pound. Thus duty was raised to 91 cents a pound for a product imported at $1.45 a pound, cost, insurance, and freight. A fair profit was turned into a loss. Frankly, we are somewhat at a loss to know why the domestic indus- try so bitterly.opposes repeal of ASP. Those in the chemical trade can testify from their day-to-day business dealings to how formidable the domestic industry is as .a competitor. The statistics of sales volume and profits of the industry are a tangible indicator of this. One might think that they would, with good grace, agree to removal of a non- tariff protection which is as blatantly out of date and discriminatory as is ASP, especially where they are getting such a di~proportionate quid pro quo in terms of new ani~l expanded market opportunities. PAGENO="0266" 4706 The only explanation we can see for the domestic witnesses' attitude is.that they view an increase in imports as necessarily displacing U.S. production. In other words, they appear to view the market as static and inelastic. Their own fantastic growth record shows how fallacious is such a view. On the contrary, the result of expanded trade-if past experience in chemicals is any guide-can only be a bigger pie from which there will be bigger slices of business for all-~particuiarly for the domestic chemical giants. Not only will the domestic industry benefit from increased export opportunities but also as the purchasers of large quantities of benze- noid imports. Indeed, almost all imports of intermediates-which amount to more than one-third of total annual benzenoid imports-are purchased by domestic producers and used to manufacture U.S. finished chemicals. The alimination of ASP's nontariff barrier to those imports as well as the tariff reductions on these intermediates in the ASP package should make them more readily available *at competitive prices. On the other hand, the ASP package increases the average duty protection on dyestuffs, which are claimed to be the most sensitive area to import penetration. Thus, the domestic industry will receive increased protection where it claims it needs it most, if H.R. 17551 is enacted. We of the organic chemicals group regret very much that instead of a calm dispassionate analysis, the ASP debate has produced so much acrimony. It seems apparent that a system so out of line with the principles of competitive free enterprise, of U.S. trade policy, and the GATT must sooner or later be changed by the U.S. Congress. Why not now? The opportunity may not recur for the United States to receive suth recompense for doing something which it is bound to do ultimately. The free world needs U.S. leadership to dismantle nontarifl barriers. We should provide that leadership. Thank you. The CHAIRMAN. We thank you. STATEMENT ~P WALTER W. HAINES Mr. HAINES. Mr. Chairman and gentlemen, my name is Walter W. Haines. I am professor and chairman of the Department of Eco- nomics at University College of Arts and Scienc,~e, New York Uni- versity. At the request of the American Importers Association I have conducted an 8-month study of the effect of tariff reductions on the U.S. benzenoid industry. That study has resulted in a monograph of almost 400 pages, now being processed. In 15 minutes I can do no more than touch briefly on a few points of that study, with particular reference to errors that have already been introthiced in evidence before this committee by representatives of the domestic industry. THE ORIGIN OF ASP ASP was first. introduced for coal-tar products, benzenoids, in the Tariff Art of 1922. A reading of the Congressional Record will show beyond doubt, that although the House wished to use ASP valwttion PAGENO="0267" 4707 for all imports, this idea was rejected by the Senate, and by the House- Senate conference, as a result of an exhaustive study by the Treasury Department, which found that ascertaining American selling prices for competitive imports would be administratively difficult, uncertain, time-consuming, and subject to manipulation. Mr. Anthony Simonetti, Acting Appraiser and former Chief Assistant Appraiser of Mer- chandise for the Customs Bureau has testified before the Tariff Com- mission that in fact that is so and that ASP "is infinitely more difficult to establish than, for instance, `export value.'" The Congressional Record shows that the reasons why this unsatis- factory method was applied to benzenoids were the chaotic conditions of both the European dye market and foreign exchange markets as a result of the war, and the desire to protect what was then a very infant industry against an established Germany industry. It also was a d~eviJce for disguising extremely high rates. As Senator Smoot pointed out, it was easier to set a 90-percent rate ASP than what would then have been an equivalent rate of 900 percent on foreign value. The industry still testifies to the remarkably high protective value of the ASP system, which today provides some benzenoids with the high- est effective protective duties of any imports into the United States, reaching a maximum of 172 percent. Such rates are highly anachro- nistic in today's world when all of the original reasons for ASP have long disappeared. BORDER TAXES The industry has emphasized throughout its testimony the problem of harmonization of European border taxes which, they say, destroy the reciprocity of the Geneva negotiations. The implication is that we gave the Common Market the right to raise border taxes as part of the Geneva agreements. This is simply not so. Although the two actions are occurring in the same timespan, they are not otherwise related. Our negotiators did not "give away" any right in this connection. On. the contrary, they specifically reserved the right of the United States to initiate action under the GATT if these tax changes do in fact nullify or impair tariff concessions under the agreement. The admin- istration is, in fact, pursuing this matter, as indeed it should. But fail- ure to pass this bill would not help solve the border tax problem in any way. In a number of other ways domestic industry spokesmen have mis- represented the border tax situation, but since it is irrelevant to the present bill in any case, there seems to be no point in going into these errors. THE EFFECT OF THE ASP AGREEMENT The industry stresses the drastic nature of the cuts in beuzenoid duties that this bill will approve Mr Barnard, for inst~nce, says- page 41-"the tariffs on the competitive products, those ~e do make, would be reduced by considerably more than 50 percent" This is not true A comprehensive computer analysis of the original Kennedy round agreement and the separate package, using an item by item break down of~every tariff class from 403.02 to 409.00,. shows that approval of the ASP package will raise the average weighted level of duties by PAGENO="0268" 4708 5.7 percent. Taking only competitive products, "those we do make," to use Mr. Barnard's words, the ASP package will lower average duties by 6.1 percent. This is a long way from the "more than 50 percent" claimed by `Mr. Barnard. Not only that, but the same analysis shows that the ASP package will raise duties on dyes, the most sensitive of benzenoid areas, by 22.9 percent, and will raise duties on competitive dyes by 3.7 percent. In exchange for this, the Common Market and United Kingdom will reduce their entire chemical tariffs by an average of 22 to 26 percent. This may not, indeed, be reciprocity, but if not, it is Europe that should be making the complaint. It is clear that they value the removal of the uncertainty and discrimination of ASP highly enough to accept a `bargain that is numerically very much in our favor. `When `S'OCMA asked its members: "Is the 30-percent reduction in European chemical tariffs worth the abolition of ASP and the further duty reductions in excess of 50 percent which would be required under the `separate package'?", they were. asking a question that was totally erroneous in its assumption. Since the information on which the replies .were based was false, any answers that it received must obviously be irrelevant. COMPARATIVE COSTS One reason the domestic industry seems to fear tariff cuts, even phantom ones such as here, is that they believe that they have an inherent cost disadvantage compared to European competitors. Rob- ert Barnard speaks of "our inherent cost disadvantage"-page 46- Edwin Cowherd refers to "our relatively higher cost"-page 5-and the American Cyanamid Co. reports that "the unit cost of chemical production of leading foreigii competitors is much lower than in the United States"-page 1. While each of these statements may be true with regard to specific isolated products, as generalizations they are patently and demonstrably false. No one denies that the United States exports three times as much chemicals as it imports. We couldn't sell these products abroad unless we could undersell our competitors even after freight, insurance, and tariffs for these exports; therefore, we must have lower costs and these low-cost exports exceed imports by three to one. A larger part of our chemical industry~ therefore, has costs below foreign firms that has costs above them. Even in dyes we export as much as we import. When Mr. Turchan, for instance, says that "where costs of produc- tion abroad are lower than in the United States, it takes a greater cut in foreign tariffs * *. to generate an equivalent export increase," he is talking this same kind of absolute nonsense. If foreign produc- tion costs are lower than ours, no conceivable tariff reduction would help our exports. One, if we can undersell competitors, will we export anything at. all. The fact that we do export, therefore, proves our ability to produce more cheaply in those particular lines. No one doubts that wages are higher in the United States, but (a) so is productivity, and (b) labor costs are a small part of total costs. For the chemical industry payroll, costs are only 15.6 percent of ship- ments. That means that out of every dollar's worth of goods, 15.6 PAGENO="0269" 4709 cents is paid to labor, 84.4 cents goes to other costs. Even if Europe paid only one-third our wages, and all other costs were the same, they would have to pay 90 cents for a product that costs us $1, and the 10-cent differential would be more than eaten up in freight and im- porter's expenses if they tried to ship such a product here. The cry of the industry that they can't meet lower costs abroad is simply not true. IMPORT PENETRATION Nor are we being inundated by imports. It is true that imports are rising faster at the present time than exports. To a great extent this is due to the Vietnam war. By far the largest increase in imports of any benzenoid category in 1967, whether measured in absolute or relative terms, was tariff item 405.05, explosives, which rose a whop- ping 240 percent. Large increases in imports of adipic acid, phenol, phthalic anhydride, and styrene in the preceding year were a response to shortages in an industry whose output was rising as fast as pos- sible, and total benzenoid imports in 1967 actually fell, thus reversmg for this 1 year at least the current trend. But even ignoring these special reasons, imports are still almost in- finitesimal when compared with domestic output. For all benzenoids imports in 1966, the latest year for which figures are available, were 1.4 percent of domestic production, and only half of these `were com- petitive with U.S. products. As a proportion of domestic output, our current level of imports is only one-eighth as high as it was during the latter half of the twenties and only one-third as high as it was during the great depression, when imports were extremely small throughout. From `such a minuscule base, `a 14-percent annual increase, even if continued indefinitely, would take half a century to make any sigui'ficant impact on domestic production. To take just one example: ~Over the past 6 years consumption of benzetnoids-domestic sales plus imports-has risen at an annual rate of 6.67 percent. Assume that this rate `continues into the future, and that imports rise, not at 14 percent, but `at 30 percent. The result, over the next 10 years, would be to slow dccwn the growth rate of the domestic industry from 6.53 to 5.38 `percent. Under the most extreme assumptions possible, because the present level of imports is so micro- scopically low, no rationally conceivable increase in imports will re- duce domestic production; it will merely slow down slightly from its present high rate of growth. In my study, I have examined every branch of the benzenoid indus- try, with particular attention to dyes, where the prOblem seem.s to `be most `sensitive, and in which I have proceeded almost on a company-by- company basis, and I have been unable to document serious injury to the industry. Imports are so small and projected increases `so small relative to domestic output even though large percentagewise, that the benzenoid industry, with one of the highest profit rates in the Nation, aided by diversification, research, and ordinary `business acumen, can easily meet ` this competition. There may indeed be one or two weak firms that may have difficulty, and for them the improved adjustment as- sistance provisions of this bill may be of real value. PAGENO="0270" 4710 THE BALANCE OF PAYMENTS The balance-of-payments problem is also often obscured by em- phasizing growth rates without reference to the base to which they apply. Let's use Mr. Gerstacker's figures. If chemical exports of $2.8 billion continue to grow at their present rate of 7 percent per year (and it is worth noting in passing that exports are expanding faster than domestic production), while imports of $1 billion grow at 14 percent, it is ~still true that the favorable trade balance, now $1.8 billion, will contmue to increase into the foreseeable future. While the rate of im- port growth is faster, the base is so much lower that the amount of growth is less. Seven percent of $2.8 `billion is $196 million; 14 percent of $1 billion is $140 million. This improves our trade balance by $56 million. EXPORT POTENTIAL The domestic industry, however, insists that the ASP bill will in- crease imports even faster, while not improving exports at all. Said Mr. `Gerstacker on Friday, "There will be no significant gains in ex- ports .as a result of the additional cuts of 30 percent." (p. 8) Why? Mr. Gerstacker said it was true "for a number of reasons" (p. 8) but the only one he mentioned was "the rationalization of the indirect ta~ system in Europe," whidh is aJbsolutely unrelated to the Kennedy negotiations. Let us assume, and I believe it is a totally false assumption, but let us assume that harmonization will raise European barriers but just as much as a 30 percent tariff cut will lower them. Let us assume an il- lustrative European tariff rate of 20 percent at the present time. Let us assume that this bill is passed. The European duty will fall to 14 per- cent. Let us assume, as I said, `that harmonization nullifies this tariff cut. The combined barrier goes back to 20 percent. Granted this will not help our exports. But, let us assume alternatively that this bill is not passed. Euro- pean duties will remain at 20 percent. Harmonization under this assumption will raise the combined barrier to 26 percent. This will obviously harm our exports significantly. Are we better off not passing the bill? The inescapable conclusion is that regardless of what happens to rationalization or any other nonrelated matter, our chemical exports will face a 30 percent lower European trade barrier if this bill is passed than if it is not passed. Du Pont seems to be the only company that has exa'mined its export prospects in depth, and it seems to be in a peculiar position inasmuch as the great bulk of its present exports are in classifications for which no duty reductions were negotiated at Geneva. It is therefore not typical of chemical exporters as a class, for whom the weighted average reductions were 22 to 26 percent. - For the remaining portion of their exports they give several reasons for their pessimism. The largest exports go to their own plants abroad for further manufacture, and the volume depends on "expansion of sales in Europe of the finished product" (p. 7). It doesn't seem to occur to them that lower raw material costs can lower the price of the finished product and thereby promote sales. If they didn't lower such PAGENO="0271" 4711 prices, the duty reduction would return as pure profit. Either way the dollar value of our exports rises. Some of their exports they say cannot expand because the local product is preferred. This may indeed hinder exports, just as on the other side it is likely to hinder imports although the industry tends to deny that it is of any significance when looked at from that point of view. Patent laws similarly work equally both ways. A further large group of exports sell under competition says Du Pont, so that price reductions will be met by foreign producers. This, of course, is exactly what domestic spokesmen say will happen with respect to our imports. But if prices fall, sales will expand, resulting in a larger market for both domestic goods and imports. Other products, says Du Pont, cannot expand because they are non.. competitive and therefore price is not a primary factor (p. 8). Coupled with the preceding excuse this means whether products are competitive or noncompetitive, price reductions can't increase sales. Therefore, tariff reductions can never increase sales. Therefore, U.S. tariff reductions will not increase imports into the United States. Therefore, the domestic industry has nothing to worry about from tariff cuts. It surely works both ways. There are indeed many reasons why tariff reductions may not lead to a flood of exports. But for exactly the same reasons that they limit exports, they will limit imports. There is no reason that Du Pont gives that is not equally applicable to the United States. Exports may indeed rise by relatively little. Imports for exactly the same reasons can be expected to rise by little, and the balance between them is thereby reasonably preserved. The schizophrenia of the industry in this connection may be high- lighted by this matter of specialty products. Du Pont says that it can't expect increased exports for specialty products because they are* not competitive and price is not a primary factor. In the same hearing Edward Cowherd of General Aniline & Film says that they are par- ticularly subject to injury from imports because many of their prod- ucts are specialty items, and are even more sensitive to price and vol- ume changes than our regular line of products. (p. 3.) This is typical of an industry that argues any side of a case that seems to fit the im- mediate purpose without regard to facts or even consistency. MONOPOLY Another area where the industry does not seem to care much for consistency is in the realm of monopoly. They make much of the car- telization of European and Japanese firms without regard for the fact that U.S. firms are in the same boat. Thus, Mr. Barnard cites recent actions of the Germany Cartel Authority without apparently remem- bering that American Cyanamid, Bristol-Myers, and Chas. PfL~er have just been convicted of conspiracy to control the manufacture, distribu- tion, and sale ~f broad-spectrum antibiotics and to fix artificially high prices for these drugs. Even without conspiracy there is a high degree of monopoly in the benzenoid industry. Of the 1,628 dye intermediates manufactured in this country, 1,029 (or 63 percent) are made by a single firm. On the average each intermediate made in the United States is produced PAGENO="0272" 4712 by only 1.8 manufacturers. That certainly doesn't represent much competition. In dyes, 52 percent are made by just one firm, and in medicinals the figure is 70 percent, or to take an international com- parison, there are only 45 U.S. dye firms while in Japan, cited several times on Friday as an example of cartelization, a much smaller market is shared by over 70 firms. The figures also show that the higher the degree of concentration, the higher the average unit price of the product. It is no wonder that the drug companies show the highest profit of any U.S. industry and that the profits of the benzenoid industry as a whole are well above the U.S. average, with one company earning as much as 30.6 percent on net worth in 1966. This high profit position suggests on the one hand that U.S. com- panies as a whole are well prepared to meet the relatively small amount of imports that would come in as a result of the passage of this bill, and on the other that with so little competition at home we certainly need a little more competition from abroad. RESEARCh The domestic industry cannot refrain from citing the many new products that come out of their research, and particularly dye research. Unfortunately for their case many of the examples that they cite come from European research. Thus Mr. Turchan cites sulfa drugs and DDT. The first of the sulfa drugs was developed in 1931 by Gerhard Do- magk, a German pathologist and bacteriologist in the Bayer research laboratories in Germany. His published reports on this drug were the first step in the development of chemotherapeutic medicine, and for this work he was awarded the Nobel Prize in 1939. Work continued in France and Britain, and it was several years before the United States began research on sulfa, and much of this work has been directed toward discovering variations of the sulfa formula that can be pat- ented and thus provide a monopoly position and high price for the U.S. producer. DDT was synthesized by Paul Mueller about 1935 in the J. B. Geigy laboratories in Switzerland. He also received a Nobel Prize for his work. Obviously U.S. tariff protection has absolutely nothing to do with these discoveries. FREE ENTERPRISE Finally, I believe a word may be in order about free enterprise. When Adam Smith spoke about laissez-faire, he was talking primarily about the absence of tariffs, which represented to him an unjustifiable interference by government in the freedom of the market and of each businessman to engage in whatever business seemed to him best. I quote Adam Smith: To give the monopoly of the home market to the produce of domestic industry, in any particular art or manufacture, is in some measure to direct private people in what manner they ought to employ their capitals, and must, in almost all eases, be either a useless or a hurtful regulation. If the produce of domestic can 1e brought there as cheap as that of foreign industry, the regulation is evidently useless. If it cannot, it must generally be hurtful. It is the maxim PAGENO="0273" 4713 of every pru~1ent master of a family, never to attempt to make at home what it will cost him more to make than to buy. It ill `behooves any believer in the free enterprise system to com.e crawling to the Government asking for `this kind of interference iii his affairs just because he can't stand on his own two feet and meet the competition as it comes. Thank you very much. The CHAIRMAN. Thank you, Dr. Haines. We thank all of you for bringing to us your statements. Any question's? Mr. Burke. Mr. BtmKE. Dr. Haines, Mr. Barnard testified on Friday he was unable to find any independent economic assessments supporting the Government's position that ASP's removal would have little effect on `the domestic industry. Have you found any such assessments? Mr. HAINES. Yes, sir; I have indeed. There are quite a number that have been made and I am surprised that Mr. Barnard was unable to find them because some of them are quite well known in the chemical industry. In the first place, the Little study that was done for SOCMA in 1962 and revised in 1965 reports that if all tariffs were eliminated we estimate that organic chemical imports can reach a level of about 10 percent of annual sales. This of course is a very small figure. It is the result of a zero tariff, not a 50-percent reduction, and this study was introduced into testi- mony by SOCMA itself. Second, is a very well-known study in `the industry, very recent. by Dr. James G. Tewksberry, for Equity Research Associates, which is an independent investment analysis firm, entitled "The Kennedy Round and the Chemical Industry." This study examines the impli cation for profit prospects of the passage of the ASP bill specifically and, Tewksberry says that if th'is bill is passed chemical industry sales will rise from $37.4 billion in 1965 to $55 `billion in 1972, a period of 7 years. This represents a growth rate of 4.6 percent per year if ASP is passed. And this analyst says further with regard to the ASP bill, and I quote: The ASP package is virtually certain to pass Congress. In spite of govern- ment claims, it highly favors United States industry. In other words, what he is saying is that the Government isn't strong enough in indicating the advantage to our domestic economy of the ASP bill. To get some short-term predictions, Richard Ossinek, addressing SOCMA, on January 11, 1968 said pessimists expected that the profits in the chemical industry in 1968 would rise 8 percent. Optimists ex- pected a 20-percent increase. He said: We all unanimously agree that the chemical industry is on the threshold of an important revival of its earnings growth. Jesse Werner, chairman and president of General Analine & Film, after assessing the pressures he expected from the Kennedy round and 95-159 O-68--pt. 1-.--48 - PAGENO="0274" 4714 the ASP bill, said that that company had no intention of getting out of the dyestuff business but, and I quote Jesse Werner: We will have to strive for increased production at lower operating costs. And he said that 1968 profits will show, and again I quote: An appreciable rise ovei~ 1967 results. This represents it seems to me a responsible business reaction to this bill. Further, to come back to SOCMA itself, SOCMA testified before the Senate Finance Committee, just this spring, that the Kennedy round in their judgment would result in imports rising to 20 to 30 percent of consumption. And they said further that the ASP bill if passed would raise imports to 25 to 35 percent of consumptipn. Now just to compare those two figures for a moment, because it is the ASP bill that is before us, they said (1) the Kennedy round will raise imports by 20 to 30 percent and (2) if the ASP bill is passed, imports will go up 25 to 35 percent. In other words, the ASP bill will increase imports by 5 percent over what the Kennedy round would already increase them. This is not a large figure. On the other hand, if we assume the maximum-this is part of the study which I referred to originally-if we accept SOCMA's maximum figure of a. 35-percent increase in imports by 1975, imports will increase overall by 3,300 percent. That is a tremendously startling figure. But if we assume that con- sumption increases at the 1960-66 rate just goes up the same as it has been going up; that is, domestic consumption, not domestic sales, total consumption, imports plus domestic production; if we put those two figures together we find that by 1975 domestic sales will still have risen by 18 percent using SOOMA's maximum figure. Therefore, there is no absolute damage to the industry. I grant that that is 18 percent over a 9-year period. That is not the annual rate. That is the total rate. The annual rate is about 2 percent per year. It is not very much, but it is a rise, not a decline. Mr. B1JRKE. Thank you. I would just like to ask one question of Professor Stobaugh. Why is the U.S. share of the world chemical exports dropping? Mr. STOBAUGH. What is happening in the United States and the world chemical industries is that a lot of new products are being introduced, first in the United States, so for a while the United States ~s the only producer of the product. When they export that product, then, they have 100 percent of the world's share of exports. Now, after a while production begins abroad and then sooner or later some of these countries that begin production abroad begin ex- porting so that the U.S. export share, where it started out as a 100- percent share of world exports, goes down some, as these other countries begin exporting. The cycle is repeated, of course, and as the U.S. industry introduces other products, and then has 100 percent of the world's share and then, production and exports start abroad and the U.S. share drops. So the U.S. percentage share of world exports may be dropping but the absolute amount of U.S. exports is continuing to rise so that the U.S. net trade balance iii chemicals is continuing to rise. PAGENO="0275" 4715 Therefore, the fact that tile U.S. share of world exports is dropping does not mean that our chemical exports are in danger of declining. Mr. BURKE. I thank you. That is all. The CHAIRMAN. Any further questions? Mr. BYRNES. Mr. Chairman. The CHAIRMAN. Mr. Byrnes. Mr. BYRNES. Mr. Hochschwender, on page 2 of your statement you cite an example of what happened in the case of one manufacturer where a domestic manufacturer had a price of $8 a pound for some product. Mr. HOCHSCHW~NDER. Right. Mr. BYRNES~ I can't understand how the American manufacturer in this case ended up anything but in the hole. Maybe there is some- thing I am missing but, as I understand it, he was selling the product at a price of $3.25 a pound, including the duty of 30 percent. Mr. HOOHSOHWENDER. $3.25 is the sales price of the importer. Mr. BYRNES. With duty added. Mr. HOCHSCHWENDEIi. With duty included; exactly. Mr. BYRNES. And the duty was imposed on a base $2.40. Mr. HOCHSCHWENDER. $2.40 was the value base, yes. Mr. BYRNES. That would mean a 72-cent duty. If we subtract that from the $3.25 selling price, we would end up with the ability of this foreign company being able to offer it duty free for sale here for $2.53, including shipping cost and insurance. Mr. HOOHSCHWENDER. Right. Mr. Bmi~s. If you then impose the duty on an ASP of $8, the new duty would be $2.40, wouldn't it? Mr. HOCHSCHWENDER. Yes. Mr. Brino~s. Using an $8 ASP. Mr. HOOHSOHWENDER. Yes, using the $8 base. Mr. BYRNES. So that with a duty of $2.40 you have a total price which he could offer it for of $4.93, is that correct? Mr. HOCHSOHWENDER. Right. Mr. BYRNES. But the American is trying to sell it for $8. How did he come out ahead on that? Can you sell something in a competitive field at $8 when somebody else is offering it for $4.93? Mr. H0CHSCHWENDER. Sir, the point of this example that I hoped to make, as I said, is that the importer was nevertheless able to com- pete because of exactly the figures you just gave me. Mr. BYRNES. In fact he can conìpete better, can't he, because before that he was selling at $3.25 and the TJ.S. value was $2.40, so the Ameri- cans at that point had an advantage of 85 cents. Mr. HOCHSOHWENDER. Sir, I think there is a misunderstanding here. The $2.40, the C~ustoms'concept of U.S. value, has nothing to do with it.. This is a noncompetitive product. and it is the U.S. value duty which is assessed when there is no American selling price, when there is no pro- duction by a domestic manufacturer. Mr. BYRNES. What is the duty when there is no U.S. manufacturer? Mr. HOCHSCHWENDER. Well, it is the TJ.S. value which is provided by the customs laws. Mr. BYRNES. If there is no manufacturer here what is the duty that is applied? Where the product isn't manufactured here, ASP doesn't apply because there is no U.S. product. PAGENO="0276" 4716 Mr. HOCHSCHWENDER. That is right. Mr. BYRNES. What is the duty? Mr. HOCIISCHWENDER. The duty is applied to the $2.40 and the $2.40 is arrived at by calculating back from the importer's sales price to his customer and that is how this $2.40 came about. Mr. BYRNES. You say this is a U.S. value of $2.40. Mr. HOOHSOHWENDER. The statute calls it U.S. value. Mr. BYRNES. Even if we don't have a competitive product. Mr. HOOHSOHWENDER. Yes. Mr. Byiii~s. If we are not manufacturing the product at all. Mr. HOOHSOHWENDER. Yes, sir, exactly. Mr. Byi~iis. Where do they get the $2.40? Mr. HOCHSCHWENDER. Beg pardon? Mr. BYRNES. How do they arrive at the $2~40 base under that circumstance? Mr. HOOHSCHWENDER. What Customs does is to obtain from the importer the price at which he sells it to the customer. Then Customs deducts from the price allowances for freight, for profit, for over- head, for cost of saJes, and for the duty that has to be paid to arrive at a "U.S. value" that is approximately equivalent to the export value of the product. Numerically it comes very close to the export value. Am I making myself clear? Mr. BYRNES. Yes, I think you are, but you are not making yourself very clear as to why there is any advantage to any of the domestic industry under ASP to be able to establish an $8 value in this par- ticular case because they are still out-pricing themselves by some $3. I would think that that would be imposing a big disadvantage on themselves. Mr. HOOJ1SCHWENDER. The person that reported this case to me also was puzzled about the advantage but the advantage could be for one of the two reasons which I suggest and which we find over and over again in the trade, namely, that the domestic manufacturer lists one price and then gives whopping discounts below this price to his customers. Mr. BYRNES. Then isn't Customs supposed to take that into consid- eration in determining what is the American selling price? You would think there was a violation of the law in that case if he lists a price and it is just a fiction. Mr. HOOHSCHWENDER. It could be. Professor Haines suggests he would like to say something along this line. Do you want me to continue or- Mr. BYRNES. No, not if he has some explanation. How somebody can put an $8 American selling price on an item under the case you use and come out ahead is beyond me. Mr. HAINES. Mr. Byrnes, I completely share your disbelief and amazement at how this can be done. Mr. BYRNES. Just the mathematics. Mr. HAINES. The mathematics is such that the imported product is selling for not much more than half of the domestic price. Mr. B~ii~Es. Right. Mr. HAINES. And, as you say, how can this happen? Mr. BYRNES. How can any American sell it and compete against that ~ PAGENO="0277" 4717 Mr. HAINES. The facts show that in fact it happens all the time and I am not prepared to say why it happens but I can cite you in- numerable cases where it has happened. In folic acid, for instance, according to calculations based on data that American Cyanamid has read into the record domestic folic acid sells for $120 a pound. The import sells for $64.75 a pound. Now, those figures are perhaps 2 years old and maybe they are not the same today, but this has been going on for many years. Mr. BYRNES. And they still want to pay that higher price? Mr. HAINES. The foreign import is felt by some American manu- facturers apparently not to be of a quality that they wish to hold or it may be that they have other ties with American- Mr. BYRNES. Under this then Uncle Sam is getting a little revenue from ASP. Mr. HAINES. He is getting a great deal of revenue from that par- ticular product. Mr. BYRNES. And it is not interfering with the market situation at all? Mr. HAINES. It is interfering with the ability of the American con- sumer to buy vitamins at a reasonable price. Folic acid is a vitamin product. It can be produced abroad for $16. It is being sold in the United States at $120. Mr. BYRNES. And it is being imported at $64. Mr. HAn~ns. It is imported duty-paid at somewhere in the neighbor- hood of $64. Mr. BYRNES. All around the range everyone is taking advantage of the consumer if that is the case. Mr. HAINES. That is correct. The largest portion of that price of course is the tariff. Mr. BYRNES. And all the Americans would have to do is do a better job of marketing or quality control and they would have the whole market themselves. Mr. HAINES. The tariff is 25 percent. Mr. BYRNES. They are giving the consumer a better break than the foreigner. Mr. HAINES. You are getting a 25-percent tariff levied on a $120 price. That is $30 in tariff, which is twice the value of the product in the foreign market where it is produced. Mr. BYRNES. I just don't understand this kind of mathematics. How can you keep out imports by simply increasing the differential between the domestic producers' market price and imports, thus increasing the domestic producers price disadvantage? I don't understand it. Mr. HOCHSOHWENDER. May I give one more thought also in answer to your question? Mr. BYRNES. Yes. Mr. HOCHSOHWENDER. Going back to the statute that defines the American selling price, there do not have to be any sales of a product in order for it to be considered an American selling price. If the do- mestic manufacturer says to the customs examiner that he is willing to receive a certain price that is sufficient for the price to go on the books. Mr. BYRNES. Butyou would have to admit that the American sell- ing price doesn't necessarily improve the competitive position of the domestic producer. PAGENO="0278" 4718 Mr. HOOHSCHWENDER. It does not need to. It very often does. Mr. BYRNES. By holding the price at $8 he is just knocking him- self out of a market. Mr. HOOHSOHWENDER. In that case you just got an inflationary ele- ment, that's all. Mr. BYRNES. I would like to ask Mr. Stobaugh about another item. At several points in your testimony you talk about the advantage market availability for new products provides to the American pro- ducer. Doesn't the foreign producer also enjoy this same market? I wonder why you use that phrase instead of the fact that the Americans put more effort on research and development. You keep talking in your statement about the fact that we have a bigger market here and that is why we have new products. I wonder whether it is the market or whether it is just that our people spend more on research. Mr. STOUBAnGH. Let me say I did not mean to necessarily separate the idea of research and development expenditures from the large market and in my study I detailed the importance of R. & P. to some extent. Mr. BYRNES. Just to insure that we are on the same wavelength, refer to page 7 of your statement. Your point there is that the wage differentials are offset. You say: These same studies indicate that new product development expenditures, resulting from a large domestic market, are much more important in explain- ing chemical exports than are unit wage rates. Mr. STOBAUGH. Right. Mr. B~nuo~s. You are talking about our exports. Mr. STOBAUGH. Right. Here is what happens. This large market in the United States particularly the per capita income as well as having a lot of people to multiply the per capita income by, induces a lot of the R. & D. expenditures. Mr. B~rRNES. The German producers, though, also see this large market here. Mr. STOBATJGH. The U.S. market is some five times as large as the German market and traditionall5T a manufacturer likes to introduce a product in his own home country. One of the main reasons for this is that there is a lot of communication required between the market- place and the manufacturer when a new product is introduced. Typi- cally the products that the Germans have introduced have been in- troduced in Germany. The products that the U.S. manufacturers have introduced have typically been manufactured here first. For example, take Du Pont's announcement last week of a new synthetic fiber. Regardless of what wage rates are in Europe, Pu Pont is going to build the first com- mercial plant for that fiber here in this country because this is where the market is. Now, that is for two reasons. One, they need the communication with potential users and, two, they are reluctant to invest that much money abroad in order to serve a market here. Mr. BYRNE5. You are talking about ar~ American company. I can understand that. Mr. STOBAUGH. Let me continue on the American and then we can handle the others if you will. Is that OK? Mr. Bnii'~n~s. Surely. PAGENO="0279" 4719 Mr. ST0BAtTGH. Thank you. What happens then is that Pu Pont will build here first and others will build here first with their new product. Then they expand these plants very rapidly because the U.S. market expands rapidly and this is where they are making their intensive market effort. As the plants expand that lowers production ôost and another thing that happens is they get a lot of experience in operating the plant and that makes their costs go even lower. As a result the country that first commercialized a product has an export advantage for q~uite a while. There are a number of studies which show this, that the initial country, which is frequently a large market country and frequently the United States, does have this export advantage. Now, sooner or later if a product is commercialized here, plants will be built abroad but, as I indicate in my testimony, even after that time the U.S. exports fill part of the capacity consumption imbalance abroad. To show the importance of this, there are a number of detailed empirical studies that have been made on this and they are mentioned in detail in my report. These studies show the importance of large market technical progress, the shift of U.S. exports to new products, and that the market size tends to determine which countries begin pro- duction of a product. Larger market countries begin production of a product on the aver- age before smaller market countries do, and another study shows that U.S. exports are concentrated in those industries that have high R. & P. expenditures. There are about five U.S. industries that count for all of the U.S. export surplus. The other 14 major industries `actually have a net import and they show that IR. & D. effort is particularly important in the sales area, again showing the importance of the market. To show two other things2 kind of confirming this: One is that a recent Manufacturing Chemists Association bulletin listed six coun- tries and listed wage rates for those countries-_the United States, Germany, United Kingdom, Japan, France, and Italy. Now, the reason I took those six is because if I had selected six I might not prove anything or confirm any theory. What I did was take the Manufacturing Chemists Association's list and correlated gross national product against chemical exports, and I got a very high cor- relation between the size of the market as measured by gross national product and chemical exports. The bigger the market, the more exports are. U.S. exports are larger than Germany's for example. To check wage rates I listed the wage rates of those countries `against chemical exports and what I found was that the countries with the highest wage rates actually had the highest amount of chemical exports. There was very high correlation there. This indicates to me that in spite of the high wages here the United States is going to continue to be a major exporter of chemicals and particularly in its new product and large volume areas. Mr. BYRNES. I just couldn't understand why a market exists where it does, and particularly on a new product. Our market here is avail- able to the Germans, particularly on a new product beca.use of no competition. You don't have the ASP coming into play. Mr. STOBAUGH. Well, one of the things is when a person introduces a new product he introduces it in the market that he knows best and PAGENO="0280" 4720 that he sees. The Germans do not see the U.S. market as clearly as the U.S. manufacturers. Therefore, when Germany introduces a new product- Mr. BYRNES. They are not completely unsophisticated as to the kmerican market. Don't tell me that. Mr. STOBAUGH. I am not suggesting they are. I am suggesting if you look at the German new product, such as Germany commercialized polystyrene, synthetic methanol, synthetic phenol, all of those were introduced in the German market first. Those that we commercialize we introduce in this market first. So that there is a very strong tendency for manufacturers to in- troduce new products in their own market first. Mr. BYRNES. They also can visualize other markets, but your point is here that the only people that really have the advantage of looking at the American market are the American manufacturers. I just couldn't see that emphasis frankly. Mr. .STOBATJGH. I certainly agree that new products are introduced in Europe even though some new products are invented in Europe but commercialized here because of the large market. Some of those are commercialized by U.S. firms here. There are cases on record where product was discovered by a United Kingdom firm and they did not commercialize in the United Kingdom. They ex- ported it to the United States. They waited until the United Kingdom market got larger and then commercialized it there. In the meantime a U.S. firm learned what was going on. I don't know whether they got it from intelligence from England or whether they did independent work, but, anyway, they introduced the product here to the U.S. market. Now, I am not suggesting that new products aren't introduced abroad because they are. What I am suggesting is that the U.S. market is five times as large as Germany's. It is one and a half times as large as the whole Common Market combined, and that large market and high-purchasing power gives the United States an inherent advantage on new product introduction and it is taking advantage of that inherent advantage. Mr. B~nt~m~s. I was under the impression that it is more a normal aspect of business in the United States to put a high proportion of their resources into research than it is in other areas of the world. You seem to be putting so much emphasis on the point that it was the market t.hat caused this, and yet it seemed to me that this expenditure results from business judgment here-particularly in the chemical area-that you should be concentrating to a high degree on innova- tion and development. Do you want to respond? Mr. STOBAUGH. I would like to say that I believe that it is the mar- ket that induces this large amount of research and development ex- penditure and that it is good business to spend the money. Mr. BYRNES. I wondered why you deemphasized the normal tend- ency to spend substantial sums for research and development here, and simply said we have a big market and are, therefore, going to have more products. Mr. STOBAUGH. It is certainly not my intention to and in my detailed report I go into quite some detail on the importance of research and development. PAGENO="0281" 4721 Mr. BYRNES. Mr. Stobaugh, on pages 9 and 10 of your testimony you point out that your studies show that the average cost for manuñietur- ing dyes in Germany is 83 percent of the U.S. cost, but that the landed cost of the German dye exports in the United States, with the duty of 30 percent and transportation costs added results in a higher price for the imports. Mr. STOBAUGH. Yes. Mr. BYRNES. And that the landed cost would be 112 percent of the cost of the U.S. dye. Have you figured out what that would be in re- verse? What would be the landed cost to our producers who desire to sell a similar product in the German market? And you are talking here about the average cost. You are talking about the average cost, 83 percent, and you show that the average cost of landing it here is 112 percent of cost. Using these same figures what would be the competitive situation facing our producers selling in Germany? Mr. STOBAUGH. Are you speaking of chemicals in general? Mr. BYRNES. I am talking about the same thing you are talking about here. Mr. STOBAUGH. Or are you speaking of dyes? Mr. BYRNES. You are speaking of dyes. Mr. STOBAUGH. Yes. Mr. BYRNES. And you are talking in general about dyes; aren't you? Mr. STOBAUGH. Right. Mr. BYRNES. I just want to know what the same situation is in reverse. Mr. STOBAtTGH. First, I have not calculated the cost of sending U.S dyes- Mr. BYRNES. The thing that concerns us here is equity. Are we get- ting our people into an impossible situation as compared to the overall competitive situation? You show that the landed cost for German ex- ports coming in here would be 112 percent of cost, on a base of 83 percent of U.S. cost. Starting out with that American cost at 100 percent rather than 83 percent, where do our producers sit after their border taxes are applied and their tariff is applied to a base including freight insurance? We don't apply our duty on the freight and the insurance, but they do. They add the border tax on to that. Where do we sit as far as cost? Mr. STOBAUGH. I believe my statement does not suggest that we are going to export large quantities of dyes to Germany. Therefore, I have not calculated the cost of landing U.S. dyes in Germany. Mr. BYRNES. Go ahead. I would like to just get this on an equal basis. You show how they are going to have to pay 112 percent of cost to land it here and sell it. I wonder what we have to pay? Mr. STOBAUGH. It was not my suggestion that we are going tO in- crease our dye exports to Germany. It was my suggestion in this calcu- lation that on the average a 30-percent tariff protection for the U.S. dye industry seems to offset the presumed cost advantage that Germany has in dyes and I used very conservative figures, as detailed in my report, in order to get a wide range between Germany and United States costs. Mr. Byiu~-rs. You could add another sentence because this also shows that we can assume Americans aren't going to be able to sell dyes on a competitive basis in Germany. PAGENO="0282" 4722 Mr. STOBAtIGIT. I believe what it shows on the average is that the United States will not be competitive with Germany on dyes on the average and that German exports to the United States will be larger than U.S. exports to Germany in dyes. Just as the case exists today it will continue to exist this way if the ASP package is approved or whether it is not approved. The adoption of the ASP package will not affect that. Mr. BYRNES. We will be just as noncompetitive after ASP as before. Mr. STOBAUGH. We are competitive in some lines in dyes. For that reason we export some dyes to Germany, but on the average we are not as competitive. What I am suggesting is and what I am saying is that our advantage is in other product lines, otherthan dyes, and Germany has been a large market for our chemicals. Styrene monomer is one I showed here. Mr. BYRNES. Anyone going into a noncompetitive market has an advantage even with ASP really. Mr. STOBAUGH. In the example I showed here with Germany im- porting large quantities of chemicals from the United States, chemicals that we presently have a comparative advantage in of the new products and the large volume chemicals, lower foreign tariffs are going to help us there and that was my suggestion, not that they are going to help us in dyes. Mr. BYRNES. You always have an advantage; don't you, when you have that new product? Mr. STOBAUGH. Yes. Mr. BY1nNr~s. Unless you have an embargo. Mr. STOBAtTGH. But tariff barriers affect your export of a new prod- uct. Let's take a case right now. The United States is exporting large quantities of cyclohexane to Germany and the Netherlands. The tariff there is zero. Let's assume that tariff were 50 percent. What do you think our exports of cyclohexane would be? There wouldn't be any to the Common Market with a 50-percent tariff, for example. That is an example of the importance of tariffs. Mr. BYRNES. And also the importance of border taxes, isn't it, which you don't want to talk about. I can understand that there is a barrier there. Mr. ST0BAtTGH. The so-called border taxes will be what they are going to be regardless of the adoption or not of the ASP pac.kage. My con- tention is that adoption of the ASP package is going to increase the net U.S. trade balance and one of the ways it will do it will be to delay construction of plants in Europe of these new products while we con- tinue to export and lower the foreign tariff, the longer we can keep exporting before they decide to build a new plant. Mr. GRAUBARD. May I add something to that, Mr. Byrnes? It isn't that we do not want to talk about border taxes. As a matter of fact, I appeared before this committee in connection with the Kennedy round legislation before it was adopted and urged this committee to include in the statute at that time provision for remedying and dismantling, if we could, these nontariff barriers. The fact is that the legislation did not include that item at that time and there was no power in our negotiators to negotiate in regard to such things as border taxes during this current round. PAGENO="0283" 4723 All we have said in this presentation to this committee is that this is another topic. We think it should be dealt with; but it has nothing whatsoever to do with the equity of removing the American selling price. We will be happy to answer any question if you think that our expertise with regard to border taxes is good enough to inform this committee. We will be happy to answer questions; but as a matter of fact, we do think that as pure logic it has nothing to do with the issue before this conimittee today. Mr. BYRNES. Frankly, I think this committee is concerned about all of the restraints. If somebody uses one restraint that is important, and they are using border taxes. If ASP is a restraint, that is one that we are using. I don~ think that you can just look at our situation unrelated to what is taking place in other countries. I don't know that you can decide not to talk about what other countries are doing as we face up to a problem of trying to develop a competitive world market, which is what we are talking about; aren't we? Mr. GRAtTBARD. Mr. Byrnes, I carry no brief here for the value added tax, or the turnover tax, or whatever the border tax designation may be. The plain fact of the matter is, as pointed out by the First National City Bank of New York about 2 months ago in its monthly report, that the tax burden imposed by the Western European nations is con- siderably higher than that imposed by our own Government, very fortunately for us taxpayers. We are being asked when we ship goods abroad to have imposed upon that merchandise imported into Ger- many or into France exactly the same tax that is borne by the con- sumers in those nations for products manufactured in those nations. Now, there has been a fundamental error underlying our dealing with these border taxes that goes way back and that is whether or not you can pass on a direct tax in contrast to an indirect tax. There may have been a fundamental error made by our economists when I went to school, and that is a long, long time ago, and that error has been perpetrated; but we now have negotiations going on in Geneva. I think we should have a rectification of this and we should meet current economic theory today and we should do this not merely for the American selling price but for all issues. I think that repeal of ASP should be carried out without regard to what the current negotiations may be in regard to elimination or minimization of these border taxes. Mr. BYRNES. What are we going to have to pay, though? We are always talking about reciprocity here, and when we lose our bargain- ing strength, where does that put us? That is the problem that 1 see, when you want to put all the apples over there. Mr. GRATJBARD. I requested this authority be placed in the bill 6 years ago, and therefore, perhaps I shouldn't speak with such virtue since this committee did not see fit to include that in the measure at that time. Hindsight is fine, but I do urge that two wrongs make no right, that we should at least rectify the wrong of having ASP on the `books of this country today in violation of a pledge we made a long time ago to work toward uniformity. At the same time I think it is incumb~nt upon our representatives of the Government to work for equaliza ~ion of our own trade prac- PAGENO="0284" 4724 tices wIth those of Europe's, including taxes, wherever possible, but the two don't have to depend one upon the other. I would give you, for example, this question. Has anybody been urging that we repeal the excise tax on automobiles? I live in New York City. If I wanted to buy a Volkswagen not only would I have to pay an excise tax of 7 percent but a State and city sales tax of another 5 percent, making a total of 12 percent. That is a pretty big border tax, and yet I think it is justified on the basis of our own history in imposing taxes. We used to have many more excise taxes than on automobiles and a few other products. I never heard any complaints, but perhaps I wasn't around to hear them, that we were being unfair by having border taxes. All I am saying is that when a problem comes up with the magnitude that the excise taxes of Western Europe have come up these days, let's deal with them on a basis of equity and firmness and let's rectify them. Let's not ourselves stop from doing what is equitable on ~ur side by repealing ASP. Mr. BYRNES. I am not going to belabor this point except to say that as we have envisioned most of these operations as being on a reciprocal basis. You have to have something to give in order to get something, and I worry about the idea of not doing some of that bargaining instead of insisting on talking about one of our alleged nontariff barriers all by itself. Therefore, you have to talk sometimes about apples and oranges at the same time. Mr. GRAUBARD. I am sure we agree then, Mr. Byrnes, that this should have been included in the Kennedy round legislation. Mr. BYRNES. I don't think there is any question about it and I dis- agree with you when you say that this Congress didn't tell the ad- ministration that they should. In fact, section 252 tells them that they were supposed to target in on these nontariff barriers. We didn't limit ourselves; we made a specific direction to the nego- tiators to pay attention to those factors. Yet so far as I am concerned, I don't see very great evidence coming out of the Kennedy round that great progress was made in this area. Mr. Git~&ui3Ar~n. Then I am sure we do agree at least that we hope that these nontariff barriers will be speedily reduced. Mr. BYRNES. That is all, Mr. Chairman. The CHAIRMAN. We thank you, gentlemen, again for coming to the committee. Mr. GRA1JBARD. Thank you, sir. The CHAIRMAN. Our next witness i~ Mr. Marshall. Mr. Marshall, we would like you to identify yourself for our record and then we will recogrnze you. STATEMENT OF JAMES I. MARSHALL, PRESIDENT, AMERICAN ANILINE PRODUCTS, INC., AN]) IN BEHALF OF AD HOC COMMIT- TEE OP U.S. DYESTUFF PRODUCERS; ACCOMPANIED BY EUGENE L. STEWART, COUNSEL Mr. MARSHALL. Mr. Chairman and members of the committee, I am James J. Marshall. I appear here as president of the American Ani- PAGENO="0285" 4725 line Products, Inc., and as spokesman for the ad hoc committee of U.S. dyestuff producers. I am accompanied by Eugene L. Stewart, our company's counsel. In addition, representatives of the dyestuff producers who are mem- bers of the ad hoc committee are present in the hearing room in sup- port of this appearance. Each of these companies is a small to medium size producer of dyes in the United States. We appreciate very much the time which you have allotted to us for our testimony this morning. In the interest of conserving the com- mittees' time in view of your time schedule, I shall not read my pre- pared testimony. Instead, I shall summarize its contents. The CHAIRMAN. Mr. Marshall, without objection your entire state- ment will appear in the record. Mr. MARSHALL. Thank you, sir. There is one simple, centrally im- portant fact which you need to know in making up your mind about the proposal to repeal ASP. It is that almost the entire impact will be dealt to the U.S. dyestuff industry. Ambassador Blumenthal said about as much to the German chemi- cal industry in an address on December 8, 1966. The amount of duty to be paid on imports is determined by mul- tiplying the rate by the value. ASP is the rule for determining the value. The rate is a separate factor from ASP. The majority of im- ported dyes were subject, pre-Kennedy round, to the rate of 40 per- cent. This was cut to 20 percent, with no exceptions. Few industries had each and every product in its line cut by the full 50 percent. We did. The second part of the equation, rate times value equals duties, is also involved. The separate agreement on chemicals would change the "value" part of the equation by substituting values which the admin- istration itself claims are about half of those presently used. The effect would be to reduce still further the duties paid on im- ported dyestuffs, below the level to which those duties will be brought under the 50 percent duty cut, which I just discussed. To understand the significance of the rates and value base provided for in the separate chemical agreement, you must be able to relate them to actual prices, foreign and domestic, and the duties cbllectable under the pre-Kennedy round ASP rates, for which the new rates based on the foreign producers' price would be substituted. We have made such an analysis. Because the price information is in some cases confidential, this analysis is offered as a confidential ex- hibit. The results of that analysis can be publicly summarized, as fol- lows: And I would respectfully call your attention to table No. 1. The effect of the repeal of ASP and substituting the separate chemical agreement rates; based on foreign selling price, would fall most heavily on dyes. The average cut in duties for dyes would be 66 percent. Advanced dye intermediates, the second most important commercial class, would suffer a 60-percent cut. Aside from certain carefully limited provisions which are not in- volved here, the Congress has never authorized the Executive to cut the duties protecting any substantial American industry by more than 50 percent. Here we are, perhaps the most import-sensitive industry in the United States, singled out for a two-thirds cut in the amount of duties to be collected on competitive foreign imports. Why? PAGENO="0286" 47*~6 TABLE I Category of product - 1965 pre-Kennedy round - Under separate agreement FSP rates Average reduction in duty (percent) Average Average ASP per pound ASP duty Average Average FSP per pound FSP duty Dyes: Acid $2.71 $1. 08 $1.20 $0.36 66.7 Basic 3.20 1.21 1.29 .39 67.8 Direct 2.46 .98 1.03 .31 68.4 Disperse 2.54 1.00 1.30 .39 61.0 Mordant 2.28 .91 .96 .28 69.2 Vat 1.94 .75 .96 .29 61.3 Average, 6 classes of dyes 2. 52 0.99 1. 12 . 34 65.7 Azoics: Fast color bases 2.15 .47 .84 .25 46.8 Fast color salts 1. 59 . 35 .78 .23 34.3 Napthol AS and derivatives 3. 18 .67 1.73 . 52 22.4 Average, 3 classes of azoics 2.31 . 50 1. 12 .33 34.0 Intermediates: TSUS 403.48 (B) .84 .20 .43 . 08 60. 0 TSUS 403.50 (B) 1.25 .28 .69 . 12 57. 1 TSUS 403~60 (B) .29 .11 .17 .05 54.5 TSUS 403.60 (C) .91 .21 .46 .09 65.4 TSUS 403.60 (G) 2.45 .67 1.40 .27 59.7 Average, 5 classes of intermediates 1.15 . 30 . 63 . 12 60. 0 Source: Exhibit 2, table 1. Having agreed to enter into negotiations in relation to the Presi- dent's power under the Trade Expansion Act, a few foreign nations after the bargaining commenced demanded extra-legal commitments whieh never should have been permitted by the U.S. negotiators. The Executive, it seems to us, has now passed the buck to Congress. To help you understand what will happen to us, we have made an analysis of the impact of the repeal of ASP and the substitution of the rates provided for :in the "separate chemical agreement" based on FSP for the ASP rates. We took our aotual operating results in 1965-the latest data year in relation to which the Kennedy round agreements were made- and adjusted ou*r sales income by the price reductions, product for product, which the reductions in duty would require if we were to hold our 1965 volume of sales against the sharply lower landed costs of foreign dyes. The results are set forth in confidential exhibit `tables VII and VIII. They may be summarized here publicly as follows: First, as to the effeót of the Kennedy round and supplementary agreement rates on our sales revenue. And I would ask, gentlemen, that you look at table No. 2. These data mean ruin for our companies. Those who can lower their costs by importing from their own plants or other foreign sources will do so. The rest of us, and here I mean particularly the smaller, inde- pendent companies, will be forced in a comparatively short period of time after full implementation of the Kennedy round tariff reduc- tions to close our plants, or become nonmanufacturing outlets for such foreign-produced dyes as we might be able to purchase outside of the closed circle of the European and Japanese cartels. PAGENO="0287" 4727 Percent loss of sales revenue in 1965, assuming price reductions to meet reduced landed cost of imported products under- Category of product Supplementary Post-Kennedy round chemical agreement ASP reduced duties duties at reduced rates based on FSP Dyes: Acid 22.1 27.4 Basic 28.2 37.2 Direct 20. 5 28. 7 Disperse 10.1 14.6 Mordant 21. 7 31. 0 Vat 21.4 30.2 Total, all dyes 17. 0 23. 7 Azoic products: Fast color bases 21.1 18.8 Fast color salts 20.1 15.4 Naphthols 18.5 11.6 Total, azoic products 19.6 14.3 Intermediates 6. 7 8. 0 Total, all products 15, 0 19. 1 Source: Confidential exhibit, table VII. Just so there is no misunderstanding of the dimensions of the im- pact on our earnings-and the comparable impact on the earnings of the other small, independent dye producers, let me summarize my company's 1965 profit and loss statement, before and after application of the Kennedy round and supplementary chemical agreement results. If you would look please at table 3 and particularly the last line thereof, you will find that after the implementation referred to as a percent of our sales our net profit after tax comes up with the nega- tive figure of 6.3 percent as a percentage of our shareholders' equity, a negative figure of 8.4 percent. Net profit af As percent of sales ter taxes- As percent of sharehold rs' equity Actual 1965 results Adjusting revenue by imported chemcial landed cost reductions: 50-percent ASP duty cut Implementation of supplemental chemical agreement (reduced duties based on FSP) 6.9 (0.9) (6. 3) 11.2 (1. 2) (8. 4) Note: Figures in parentheses denote loss. Source: Table VIII, confidential exhibit. We would be close enough to the break-even point under the 50 percent reduction in ASP rates that we might be able through drastic adjustments to stay alive. Tinder the repeal of ASP and the reduced rates based on foreign selling price called for under the supplemental chemical agreement, we wouldn't have a chance. We would be finished as American manufacturers. The jobs of our operating employees would be lost forever. For whose benefit is such a drastic, tragic result sought? PAGENO="0288" 472S The dyestuff industry in the United States includes the American affiliates of the members of the European dyestuff cartel. These com- panies, to their maximum competitive advantage, balance U.S. pro- duction with imports of dyes and intermediates produced in Europe by their parents, and by 1965 had captured fully one-third of the American market. A second major segment of the U.S. dyestuff industry is comprised of four large diversified chemical companies. We note the claim of the special representative that of the firms in the dye industry, four make more than half of all dyes. Taking into account the third of the market held by the foreign producers, that would seem to leave 17 percent of the market to the many small dyestuff producers who, like American Aniline and the members of the ad hoc cormnittee, are neither affiliates of the European cartel members nor of the four U.S. giants. Let us be very clear about one point: The part of the U.S. market which the European and Japanese cartels can gain through elimina- tion of ASP is not the 50 percent held by the four American giants. They are international companies for the most part, and have the imow-how and resources to shift the necessary portion of their produc- tion abroad. By exporting jobs and capital, they can conceivably hold their present share of this market, and possibly even increase it at the expense of the foreign cartels. It is the small, nonalined companies, such as the members of the ad hoc committee, who will be destroyed by the repeal of ASP. I. G. Farben dominated the world dyestuff trade before World War II, and its activities and that of its forebears led directly to the enact- ment of ASP by Congress at the behest of President Woodrow Wilson to insure continuity and growth of an American dyestuff industry. I. G. Farben, formally, is gone. But the three chunks into which it was artificially divided by the postwar occupation authorities have the same talent for cooperation as did their parent. You are now being asked to rewrite history, to condemn as bad that domestic policy which more than any other is directly responsible for the creation, growth, strength, and vitality of the American dyestuff industry. Before you call good, bad; and white, black; and jettison a proven method of neutralizing cartel power in the import trade in dyes as outmoded, study our confidential echi'bit detailing the struc- ture `and operation of the foreign dyestuff cartels. Has the ASP duty system been so restrictive of U.S. imports that foreign producers have been unable to expand their sales in the Amer- ican markst? Have ASP rates been more import-retarding than so- called conventional duty valuation in other `sectors of manufactured products? The answer to `both questions is an emphatic "No." Let's look at the facts. Using the average of the 3 years, 1958-60 as a base period, we find that imports of dyes and pigments have risen more rapidly than PAGENO="0289" 4729 in other sectors of industry; and exports from the United States have lagged behind those in other industries because of the greater domina- tion of dyestuff export markets by the foreign producers. The data may be summarized as follows: and is summarized if you will please look at twble 4. TABLE 4-U.S. FOREIGN TRADE IN DYESTUFFS AND RELATED INDUSTRIES, 1958-66 [Dollar amou nts in millionsj Industry Average, 1958-60 1963 1966 Percent change 1958-60 to 1966 Synthetic organic dyes, pigments, lakes and toners(S.I .C. Imports, f.a.s. U.S. port Exports, fob. plant Balance of trade Intermediate coal-tar products (S.I.C. 2815): Imports, f.a.s. U.S. port Exports, fob. plant Balance of trade Chemicals and allied products(S.I.C. 28): Imports, f.a.s. U.S. port Exports, fob, plant Balance of trade Textile mill products (SIC. 22): Imports, f.a.s. U.S. port Exports, fob, plant Balance of trade Nondurable goods manufacturing: Imports, f.a.s. U.S. port Exports, fob. plant Balanceof trade All manufacturing industries: Imports, fax. U.S. port Exports, fob. plant Balance of trade $17. 2 18. 6 $29.6 26. 6 $60. 7 31. 2 +252.9 +67. 7 +1. 4 -3. 0 -29. 5 -2207. 1 20.6 48.6 35.8 72. 0 67. 1 124. 6 +225. 7 +156.4 +28. 0 +36. 2 +57. 5 +105.4 438. 5 1, 590. 9 550.9 1,944.9 899. 6 2,968. 3 +105. 2 +86.6 +1, 152. 4 +1,394. 0 +2, 068. 7 +79. 5 700. 9 296. 7 946. 7 276. 3 1,229. 6 388. 2 +75. 4 +30. 8 -404.2 -670. 4 -841. 4 -108. 2 5,613. 8 4,455. 0 7, 012. 1 5, 432. 4 8,827. 0 7, 117. 8 +57. 2 +59. 8 -1,158.8 -1,579.7 -1,709.2 -47.5 10,751. 0 13, 120. 8 13,694. 5 16, 096. 5 19, 533. 4 24, 199. 8 +81. 7 +84. 4 +2,369. 8 +2,402. 0 +4, 666. 4 +96. 9 Source: Trade Relations Council of the United States, Inc. The central point of the advocates of ASP repeal, that the ASP duty system has an abnormally restrictive effect on imports, is thus demolished by the facts. According to the Tariff Commission, two-thirds of the dyes sold in the United `States are consumed by the domestic textile industry. The total invasion of the U.S. market for dyes for the textile indus- try includes both the dyes imported as dyes, and the dye content of textiles imported in a dyed or printed state. The data pertinent to a determination of the share of the U.S. consumption of dyes accounted for by imported dyes are summarized as follows, in table No.5. 95-159 O-68-~-pt. 1O-19 PAGENO="0290" 47~O TABLE 5.-RATIO OF IMPORTED DYES TO DOMESTIC CONSUMPTION tin millions of pounds, and perc entj Percent 1967 change 1957 1961 1957-6~ Domestic consumption of dyes: Total 120.9 In textiles: 153.9 182.0 20L8 +66.1 102.5 121.2 133.9 Direct 80.5 2.4 4.4 5.8 Indirect Total 83. 1 104.9 125.6 139.7 +68. 1 Imports of dyes: Total as dyes, all uses 3.6 Of which, for textiles 2.4 Indirect, in dyed forprinted textiles 2.6 Total, fortextiles 5.0 Ratio, imports to domestic consumption (percent): Total direct 3.0 6.0 10.8 11. 8 4-227.8 4. 0 2.4 7.2 4.4 7.9 +229.2 5.8 -1-123.1 6.4 11.6 13.7 4-174.0 3.9 1 5.9 9.2 5.9 9.8 For textile use 6. 0 Source: Trade Relations Council of the United States, Inc., as compiled from official statistics of the U.S. Tariff Com- mission and the U.S. Department of Commerce, Bureau of the Census. In the dye industry's major market, textiles, imported dyes increased their share of the market by 1967 from 6 percent to nearly 10 percent. On a fiber equivalent basis, imports of textiles in all forms accounted for about 5 percent of consumption in 1957 and increased their share of the U.S. market to nearly 10 percent in 1967. Thus, the dye industry has suffered the same degree of import pene- tration in its principal market as textiles. But unlike the proper, though as yet inadequate, concern manifested by the Government for the textile industry, the dye industry has become the victim of a con- certed attack by the executive branch of the Government. To the full 50 percent cut in duties in the Kennedy round, your com- mittee is asked to add further serious injury in the form of a repeal of ASP and a further reduction in rates of duty below the average level of the 50 percent cut already4sustained. The gross unfairness of the attack which the members of the Euro- pean and Japanese dye cartels have launched against the U.S. industry is shown by a comparison of the share of world dye exports which each producer enjoys. In 1967 West Germany supplied 39 percent of world exports of dyes and pigments; the EEC, 51 percent. Switzerland and the United King- dom together accounted for 37 percent. The United States supplied 6.9 percent, Japan 5.1 percent. The major point is that four countries-West Germany, Switzer- land, United Kingdom, and Japan-together supplied 80 percent of world exports; the United States, less than 7 percent. Please refer to table No. 6 which details statistically the informa- tion that I just gave you. The fact is that the foreign cartels have the world export market for dyes and pigments very much to. themselves. The U.S. industry is a very small factor, and is steadily being forced out of even this slender position in world markets. Under these circumstances, the attempt being made by the nations representing the foreign cartels to knock the base out from under the PAGENO="0291" 4731 TABLE 6.-WORLD EXPORTS OF DYES AND PIGMENTS (SITC 531) Exporting country ~ 1966 Percent of whole 6 months, 1967 Percent of whole West Germany Other EEC Subtotal - Switzerland United Kingdom Other EFTA Subtotal Japan United States Total 51,880 16,524 38.5 12.3 26,738 8,046 39.3 11.8 68,404 50.8 34,784 51.1 28,238 21,355 1,304 21.0 15. 9 1.0 13,213 11,309 621 - 19.4 16.6 .9 50,897 5,275 9,966 37.9 3.9 7.4 - 25,143 3,471 4,702 - 36.9 5.1 6.9 134,542 100.0 68,100 100.0 Sources: OECD, `Commodity Trade: Exports," 1966; OECD, "Commodity Trade: Exports," January-June, 1967. U.S. dye and pigments industry through repeal of ASP and substi- tution of reduced converted rates based on foreign selling price to us is an outrage. Advocates of ASP repeal base their case on the allegation that American producers can cut off imports by arbitrarily raising the duty on a product by raising the price. This argument completely ignores the reality of the market place where a price increase of $1 per. pound would be required to raise the duty by 20 cents and would itself make the U.S. product noncompeti- tive, if it were not already so. It also ignores the operation in the United States of strong antitrust laws and the vigilant attention of the U.S. Department of Justice to prevent price fixing. In contrast with the few producers located in the principai foreign countries exporting dyes to the United States, there are more than 50 producers of dyes in the United States, each competing vigorously under antitrust ground rules for a place in the American market. The real crux of the matter j~ that the membeis of the foreign cartels wish to secure for themselves the power to reduce U.S. duties under a system in which dutiable value would be based upon their foreign export price. If ASP is repealed, the foreign cartels will be able. to carry on a campaign under which .for each 30-cent reduction in their foreign export price, the U.S. Government would contribute a further re- duction in landed cost of 9 cents. To acquiesce to the demands of the foreign cartels, sponsored by their governments, at this stage of history would be knowingly and purposefully to sacrifice as expendable the businesses, plants, invest- ments, and employment of the small U.S. dye companies. The sole basis for the health and welfare of the U.S. dye industry and its employees lies in continued access to U.S. produced dyes to the U.S. market. This access will be destroyed by the repeal of the ASP system.. In the name of justice and fair play, therefore, we call upon this committee and the Congress to reject the proposal to repeal ASP as to dyes, pigments, and dye intermediates. This concludes my statement, Mr. Chairman. I thank you very much. PAGENO="0292" 4732 (Mr. Marshall's prepared statement follows:) STATEMENT OF JAMES J. MARSHALL, PRESIDENT, AMERICAN ANILINE PRODUCTS INC., AND ON BEHALF OF THE AD Hoc COMMITTEE OF U.S. DYESTUFF PRODUCERS* ACCOMPANIED BY EUGENE L. STEWART, COUNSEL Mr. Chairman and members of the committee, I am James J. Marshall. I ap- pear here both as President of American Aniline Products, Inc., and as spokes- man for an Ad Hoc committee of U.S. Dyestuff Producers. The firms which are members of this Committee are listed in Exhibit 1 to my statement. Each is a medium to small sized producer of dyes in the United States. None is affiliated with foreign producers of dyes, or with the few large multiproduct U.S. com- panies which also produce dyes in this country. We are speaking with one voice as a group because it is on these small, in- dependent U.S. producers that the full, destructive impact of the elimination of ASP would most quickly fall. We are asking this Committee to save the American dyestuff industry, our cOmpanies, and our employees' jobs from certain destruction by voting down the Administration's request for repeal of ASP, Title IV of H.R. 17551. Here are our reasons, stated as concisely as the time allotted to this appear- ance will permit. I. THE SUPPLEMENTAL CHEMICAL AGREEMENT WILL HAVE ITS PRINCIPAL EFFECT ON THE U. S. DYESTUFF INDUSTRY, WHICH, BECAUSE OF ITS HIGHLY LABOR-INTENSIVE, BATCH-PROCESSING MANUFACTURING OPERATIONS, IS ACUTELY VULNERABLE TO FOREIGN COMPETITION Your Committee has heard a lot of testimony from the AdministratiOn and the broad chemical industry about the supplemental chemical agreement entered into by U.S. negotiators at Geneva. No doubt it seems like a complex matter to you. There is one simple, centrally important fact which you need to know in making up your mind about the effect, if you were to approve the proposal to repeal ASP. It is that almost the entire impact will be dealt to the U.S. dye- stuff industry.. Ambassador Blumental said as much to the German chemical industry in an address On December 8, 1966: 1 "The Tariff Commission has found that the tariff effect of ASP protection is significant only for dyes, certain dye intermediates, and a few drugs and other specialty products. These are typically labor intensive, higher priced, batch- produced products. And since labor costs are relatively high in the United States, this batch process area of chemical production is an especially sensitive one for us." IL THE 1)YESTUFF INDUSTRY HAS ALREADY HAD ITS DUTIES OUT THE FULL 50% INTENDED BY THIS COMMITTEE AS THE. MAXIMUM PERMISSIBLE REDUCTION FOR ANY INDUSTRY The amount of duty to be paid on imports is determined by multiplying the rate by the value. ASP is the rule for determining the value. The rate is a sep~ arate factor from ASP. The majority of imported dyes were subject, pre-Kennedy Round, to the rate of 40%. This was cut to 20%. No exceptions. A group of 86 dyes was subject, pre-Kennedy Round, to the rate of 32%. This was cut to 16%. No exceptions. Two dyes, sulphur black and synthetic indigo, were dutiable at a compound rate, 3~ per pound plus 20%. These were cut to 1.5~b per pound plus 10%. 1Addr~s by Ambassador Blumenthal before the European Chemical Industry, Kronberg, Germany, December 8, 196&, p. 7. PAGENO="0293" 4733* A special group of dyestuff components called fast color salts, fast color bases, and Naphthol AS and derivatives-which collectively are referred to as "Azoics"-were subject, pre-Kennedy Round, to the rate of 3.5~ per pound plus 20%. These were cut to 1.7~ per pound plus 10%. No exceptions. Synthetic organic pigments-known as "lakes and toners"-were dutiable, pre-Kennedy Round, at 40%. They were cut to 20%. No exceptions. Finally, advanced chemical compounds made in dyestuff plants, known as advanced intermediates, were also cut by 50%. Most of these were dutiable, pre- Kennedy Round, at 3.5~ per pound plus 25%. These were cat to 1.7~ per pound plus 12.5%. A group of 23 advanced intermediates were dutiable, by name, pre- Kennedy Round, at 3çb per pound plus 20%. These were cut to 1.5ç~ plus 10%. A second group of 30 advanced intermediates, and their salts, were dutiable, pre- Kennedy Round, at 2.8~ per pound plus 20%. These were cut to 1.4~ per pound plus 10%. No exceptions. Few industries had each and every product in its line cut by the full 50%. We did. Let us not lose sight of the fact that the Oongress is here being asked by the Administration to ratify an action which was taken in the course of trade agree- inent negotiations under claim of authority in the Trade ENpansion Act. It used every bit of its authority in cutting duties on dyestuffs by 50%. Now it asks that still further reductions in duty be approved, a price being asked of no other industry. The second part of the equation, rate times value `equals duties, is involved. The separate agreement on chemicals would change the "value" part of the equation by substituting values which the Administration itself claim.s are about half of those presently used. The effect would be to reduce still further the duties paid on imported dyestuffs, below the level to which those duties will be brought under the 50% duty cut, which I just discussed. What is the size of this ad- ditional cut? IlL THE AGREEMENT ON CHEMICALS IF APPROVED BY CONGRESS WOULD REDUCE DUTIES c0LLECTnD ON DYES AN AVERAGE OF 66%, ASSUMING THAT THE FOREIGN DYE CARTEL DID NOT LOWER ITS SELLING PRICES TO TAKE ADVANTAGE OF THE FACT THAT THE REPEAL OF ASP WOULD BASE U.S. CUSTOMS VALUE ON THE CARTEL'S PRICES The agreement on chemicals, which would be ratified by enactment of Title IV of H.R. 17551, provides essentially for repeal of ASP, and the substitution of new rates based on the export price of imports for the 50% reduced ASP rates. For dyes, pigments, and azoics, the new rate of duty would be 30%. For advanced dye intermediates, the new rates, based on export price of imports, would range from l.5ç~ per pound plus 10% to 2.4~ per pound plus 19%. The great majority of the advanced intermediates would be dutiable at 1.5~ per pound plus 18% ad valorem. To understand the significance of the rates and value base provided for in the `separate chemical agreement, you must be able to relate them to actual prices, foreign and domestic, and the duties which are collectable under the pre- Kennedy Round ASP rates, for which the new rates based on the foreign pro- ducers' prices (let's refer to that as FSP-foreign selling price-in contrast to ASP-American selling price) would be substituted. We have made such an analysis, based on American Aniline's records of American and foreign selling prices for a large number of commercially impor- tant dyes, azoics, and advanced intermediates. Because the price information is in some cases confidential, this analysis is offered as a confidential exhibit. The analysis is based on 1965 prices, ASP and FSP, since that is the last year in relation to which data the Kennedy Round agreements were negotiated. The method used is to determine in comparison with the duties actually col- lectable under 1965 ASP rates, the duties that would have been~ collectable, product for product, had the separate agreement rates based on FSP been in PAGENO="0294" 4734 effect in 1965. The results of that analysis can be publicly summarized, as follows: TABLE1 . 1965 Pre-Kennedy round Category of product Average Average ASP per pound ASP duty Under separate agreement FSP rates Average Average FSP per pound FSP duty Average reduction in duty (percent) Dyes: Acid $2. 71 $1. 08 Basic 3.20 1.21 Direct 2. 46 . 98 Disperse 2.54 1.00 Mordant 2.28 .91 Vat 1.94 .75 Average, 6 classes of dyes 2. 52 0.99 Azoics: Fastcolor bases 2.15 .47 Fast color salts 1. 59 .35 Napthol AS and derivatives 3. 18 .67 Average, 3 classes of azoics 2. 31 .50 Intermediates: TSUS 403.48 (B) .84 .20 TSUS 403.50 (B) 1.25 .28 TSUS 403.60 (B) .29 .11 TSUS 403.60 (C) . 91 . 21 TSUS 403.60 (G) 2. 45 . 67 Average, 5 classes of intermediates 1. 15 . 30 $1.20 $0.36 1.29 .39 1. 03 . 31 1.30 .39 .96 .28 .96 .29 . 66.7 67.8 68. 4 61.0 69.2 61.3 1. 12 .34 65.7 .84 .25 .78 . 23 1.73 . 52 46.8 34.3 22. 4 1. 12 . 33 34. 0 .43 . 08 .69 .12 .17 .05 . 46 . 09 1.40 .27 60.0 57.1 54.5 65.4 59.7 . 63 . 12 60. 0 Source: Exhibit 2, table 1. The effect of the repeal of ASP and substituting the "separate chemical agree- ment" rates, based on FSP, for the pre-'Kennedy Round rates, based on ASP, would fall most heavily on dyes. The average cut in duties for dyes ~ ould be 66%. Advanced dye intermediates, the second most important commercial class, would suffer a 60% cut. The azoics, which were more sharply reduced in duty than other products prior to the Kennedy Round, would take an average cut of 34%. Aside from certain carefully limited provisions which are not involved here, the Congress has never authorized the Executive to cut the duties protecting any substantial American industry by more than 50%. Here we are, perhaps the most import-sensitive industry in the United States, singled out for a two-thirds cut in the amount of duties to be collected on competitive foreign imports. Why? Not for the reasons given by the Administration. For 46 years, through three decades of active trade agreement negotiations, the ASP basis of .dyestuff duties has served as a stable base for the application of steadily reduced rates of duties. The rates are now low enough that the mem- bers of the European chemical cartel sensed an opportunity to take over the American market `with the duty-controlling power which a shift of the value base from `the American industry's domestic prices to their own export prices would confer. Their governments made ASP an issue for their benefit, and by superior negotiating techniques at Geneva created the fiction of inequities in the operation of ASP which the U.S. negotiators unfortunately adopted. Having agreed to enter into negotiations in relation to the President's power under `the Trade Expansion Act, these foreign nations after `the bargaining corn- inenced `demanded extra-legal commitments which never should `have been per- mitted by the U.S. negotiators. They had a perfect defense against such tactics by citing `their lack of authority to negotiate such a subject. Instead, they retreated before the determined propaganda of the Europeans and the Japanese. `The Executive has now passed the buck to Congress. We ask the Congress to reinforce the integrity of the foreign trade regulating delegation process by re- pudiating the ecotra-legal "separate chemical agreement." PAGENO="0295" 4735 IV. REPEAL OF ASP AND SUBSTITUTION OF THE FSP REDUCED RATES FOR THE ASP DUTY RATES WOULD BRING THE FINANCIAL RESULTS OF DOMESTIC DYESTTJFF PRODUCITON SHARPLY BELOW THE BREAK-EVEN LEVEL, AND FORCE ALL BUT THE LARGE U.S.-BASED AND FOREIGN-BASED INTERNATIONAL, DIVERSIFIED COMPANIES OUT OF BUSINESS To help you understand what will happen to us, we have made an analysis of the impact of the repeal of ASP and the substitution of the rates provided for in the "separate chemical agreement" based on FSP for the `ASP rates. We took our actual operating results in 1965-the latest data year in relation to which the Kennedy Round agreements were made-and adjusted our sales income by the price reductions, product for product, which the reductions in duty detailed `in our confidential exhibit Tables I `through VI would require if we were to hold our 1965 volume `of sales against the sharply lower landed costs of foreign dyes. The results are set forth in confidential exhibit Tables VII and VIII. They may be summarized here publicly as follows: First, as to the effect of the Kennedy Round and supplementary agreement rates on our saies revenue: Percent loss of sales revenue in 1965, assuming price reductions to meet reduced landed cost of imported products under- Category of product Supplementary Post-Kennedy round chemical agreement ASP reduced duties at reduced rates based on FSP Dyes: Acid 22. 1 27.4 Basic 28.2 37.2 Direct ` 20. 5 ` 28.7 Disperse 10.1 Mordant 21.7 31.0 Vat 21.4 30.2 Total, all dyes 17.0 23.7 Azoic products: Fast color bases 21. 1 18. Fast color salts 20. 1 15. Naphthols 18. 5 11. 6 Total, azoic products 19. 6 14. 3 Intermediates 6.7 8. 0 Total,allproducts 15.0 19.1 Source: Confidential exhibit, table VII. Gentlemen, my company does not operate at a levei of earnings where we can suffer a 15% or a 19% loss of revenue and keep our head above water. I `am eer~ tain that no other member of the Ad Hoe `Committee can suffer `a loss of either 15% ~r'19% of income at the 1965 level of operations and recover all costs. These data mean ruin for our companies. Those who can lower their cos~s by importing from their own plants or other foreign sources will do so. The rest of us, and here I mean particularly the smaller, independent companies, will be forced in a comparatively short period of time after full `implementation of the Kennedy Round tariff reductions to close our plants, or become nonmanufac. turing outlets for such foreign-produced dyes as we can purchase outside of the closed circle of the European and Japanese cartels. Just so there is no misunderstanding of the dimensions of the impact on our earnings-~and the comparable impact on the earnings of the other small, inde- pendent dye producers, let me summarize my company's 1965 profit and loss statement, before and after application of the Kennedy Round and supplementary chemical agreement results. The detail's are given in my confidential exhibit, Table VIII. PAGENO="0296" 4736 TABLE 3 Net profit after taxes- As percent of As percent of sales shareholders' equity Actual 1965 results 6. 9 11. 2 Adjusting revenue by imported chemcial landed cost reductions: 50-percent ASP duty cut (0.9) (1. 2) Implementation of supplemental chemical agreement(reduced duties based on FSP)_ (6. 3) (8. 4) Note: Figures in parentheses denote loss. Source: Table VIII, confidential exhibit We would be close enough to the break-even point under the 50% reduction in ASP rates that we might be able through drastic adjustments to stay alive. Under the repeal of ASP and the reduced rates based on l~'SP called for under the supplemental chemical agreement, we wouldn't have a chance. We would be finished as American manufacturers. The jobs of our operating employees would be lost forever. For whose benefit is such a drastic, tragic result sought? V. REPEAL OF ASP AND ADOPTION OF THE REDUCED CONVERTED RATES BASED ON FSP FOB IMPORTS OF DYES, PIGMENTS, AND ADVANCED INTERMEDIATES WILL BENEFIT ONLY THE EUROPEAN AND JAPANESE CHEMICAL CARTELS, A FEW U.S.-,BASED INTERNATONAL COMPANIES WHO MIGHT TRANSFER THEIR PRODUCTION AND JOBS OVERSEAS, AND NO ONE ELSE The dyestuff industry in the United States includes the American affiliates of the members of the European dyestuff cartel (Hoechst, Bayer, Badische, and Casella of Germany; Ciba, Sandoz, and Geigy of Switzerland; and 1.0.1. of England). These companies to their maximum competitive advantage balance U.S. production with imports of dyes and intermediates produced in Europe by their parents, and by 1965 had captured fully one-third of the American market.2 A second major segment of the U.S. dyestuff industry is comprised of four large diversified chemical companies (du Pont, Allied Chemical, American Cyanamid, and General Aniline & Film). We note the claim of the Special Representative that of the firms in the dye industry, "four make more than half of all dyes."2 Taking into account the third of the market held by the foreign producers, that would seem to leave 17% of the market to the many small dyestuff producers who, like American Aniline and the members of the Ad Hoc Committee, are neither affiliates of the European cartel members, nor of the four 11.5. giants. Let us be very clear about one point: the part of the U.S. market which the European and Japanese cartels can gain through elimination of ASP is not the 50% held by the four American giants. They are international companies for the most part, and have the know-how and resources to shift the necessary portion of their production abroad. By exporting jobs and capital, they can conceivably hold their present share of this market, and possibly even increase it at the ex- pense of the foreign cartels. It is the small, nonaligned companies, such as the members of the Ad Hoc Committee, who will be destroyed by the repeal of ASP. American Anillne is perhaps one of the largest of this group of small companies. Our product line is 2 U.S. Tariff Commission, Report to the Special Representative for Trade Negotiations, July 25, 1966. p. 19. Memo, Office of the Special Representative for Trade Negotiations, undated, distributed to members of Congress in 1967, p. 7. broad, covering every significant sector of the dye and dye intermediate trade. PAGENO="0297" 4737 What happens to us is typical of what will happen to the rest of the smaller companies. This reference to the foreign cartels is not idle talk. We have detailed in our confidential exhibits the fact of the operation of the big three in Germany- the components of I. G. Farben pre-World War 11-as a production and export cartel; the fact of the tie-in of the big three in Switzerland-Ciba, Giegy, and Sandoz-through corporate affiliation with the German cartel; and the fact of the production and export marketing cartel of the big three .Japanese dye pro- ducers, and the tie-in of their group through a corporate affiliation with one of the members of the German carteL We have documented the post-World War II attempt of the Swiss cartel to monopolize trade in the dye trade in the United States, and the recent conviction of the German cartel by its government for monopolization of the German market. I. G. Farben dominated the world dyestuff trade before World War II, and its activities and that of its forebears led directly to the enactment of ASP by Con- gress at the behest of President Woodrow Wilson to insure continuity and growth of an American dyestuff industry. I. G. Farben, formally, is gone. But the three chunks into which it was artificially divided by the postwar occupation authori- ties have the same talent for cooperation as their parent. The Swiss are essentially dependent upon the Germans for basic intermediates, and for sufferance so that the Swiss can pursue the development and marketing of specialized dyes which do not conflict with `German chemical industry economic interests. These are the interests which successfully pressured their Governments into `the determined onslaught against the American Selling Price. They once domi- nated the American market to the detriment of our national defense capabilities, and to the detriment of the American textile industry which was utterly depend- ent upon the marketing whim and caprice of the German chemical colossus. You are now being asked to rewrite history, to condemn as bad that domestic policy which more than any other is directly responsible for the creation, growth, strength, and vitality of the American dyestuff industry. Before you call good, bad, and white, black, and jettison a proven method of neutralizing cartel power in the import trade in dyes as "outmoded" (as the Administration would have you do), `study the contents of our confidential exhibit detailing the structure and operation of the foreign ~lyestuff cartels. Check your judgment with the Anti- trust Division of the Department of Justice, which should be able to `supply you with details of the history, old and new, of `the anticon~petitive activity of the European chemical cartel, especially in dyes. The cartel question aside, before you take such drastic action as is involved in the destruction of the independent segment of the American dye industry, `shouldn't you consider the basic question of whether the OTistiag system permits a rapid and continued expansion of U.S. foreign trade in dyes? VI. FOREIGN DYES AND PIGMENTS HAVE GREATER AND MORE FACILE ACCESS TO THE U.S. MARKET THAN IMPORTED PRODUCTS IN OTHER SECTOR5 OF MANUFACTURING, AS SHOWN BY MORE RAPID IMPORT INCREASES AND LESS RAPID EXPORT GAINS IN DYES AND PIGMENTS THAN ALL MANUFACTURING, NONDURABLE GOODS MANUFACTURING, AND CHEMICALS AND ALLIED PRODUCTS MANUFACTURING Has the ASP duty system been so restrictive of U.S. imports that foreign pro- ducers have been unable to expand their sales in the American market? Have ASP rates been more import-retarding than so-called conventional duty valua- tion in other `sectors of manufactured products? The answer to both questions is an emphatic "no." Let's look at the facts. Using the average of the three years 1958-1960 `as a base period, we find that the foreign industry has had `by far the best of both worlds in dyes and pigments: imports of dyes and pigments have risen more rapidly than in other `sectors of industry; and exports from the U.S. have lagged behind those in other industries because PAGENO="0298" 47~8 of the greater domination of dyestuff export markets by the foreign producers. The data may be summarized as follows: TABLE 4.-U.S. FOREIGN TRADE IN DYESTUFFS AND RELATED INDUSTRIES, 1958-66 [Dollar amounts in millionsj Industry Average, 1958-60 1963 Percent Change 1966 1958-60 to 1966 5,613.8 7,012.1 8,827.0 +57.2 4,455.0 5,432.4 7,117.8 +59.8 Balance of trade -1, 158. 8 -1, 579.7 -1,709.2 -47.5 All manufacturing industries: Imports, f.a.s. U.S. port 10,751. 0 13,694. 5 19, 533.4 +81.7 Exports, f.o.b. plant 13, 120. 8 16,096. 5 24,199. 8 +84.4 Balance of trade +2,369. 8 +2,402. 0 +4,666.4 +96.9 Source: Trade Relations Council of the United States, Inc. On a comparative basis, these data show that the foreign producers of dyes and pigments have very strong growth rates in the U.S. market. The central point of the advocates of ASP repeal, that the ASP duty system has an ab- normally restrictive effect on imports, is thus demolished by the facts. What is the significance of this import growth rate in terms of absolute penetration of the U.S. market? VII. FOREIGN-PRODUCED DYES ACCOUNTED IN 1967 FOR 9.8% OF TOTAL DOMESTIC CON- SUMPTION OF DYES IN TEXTILES, A MARKET PENETRATION BY IMPORTS COMPARABLE TO THAT IN TEXTILES According to the Tariff Commission, two-thirds of the dyes sold in the United States are consumed by the domestic textile industry.4 This coincides with trade information. The total invasion of the U.S. market for dyes for the textile industry includes both the dyes imported as dyes, and the dye content of textiles imported in a dyed or printed state. By comparing the production of textiles in terms of the pounds of fiber con- sumed at the mill, and the consumption of dyes by the textile industry in pounds, year by year, it is possible to determine the average dye content of textiles consumed in the American market generally. This factor can then be applied to the pound equivalent of textiles imported in a dyed state, and an `U.S. Tariff Commission, Synthetic Organic C1&envical.8, U.S. Pro~iuctiOfl anti Sale8, 1965, T.C. PublicatIon 206 (Washington i967), p. 15. Synthetic organic dyes, pigments, lakes and toners(S.I.C. 28152): Imports, f.a.s. U.S. port $17.2 $29.6 $60.7 +252.9 Exports, fob. plant 18.6 26.6 31.2 +67.7 Balance of trade +1. 4 -3. 0 -29. 5 -2207. 1 Intermediate coal-tar products(S.l.C. 2815): Imports, f.a.s. U.S. port 20.6 35.8 67. 1 +225.7 Exports, fob. plant 48.6 72. 0 124.6 +156.4 Balance of trade +28. 0 +36.2 +57. 5 +105.4 Chemicals and allied products (S.l.C. 28): Imports, f.a.s. U.S. port Exports, fob. plant Balance of trade - - Textile mill products (S.l.C. 22): - Imports, f.a.s. U.S. port Exports, fob. plant - 438. 5 1,590.9 +1,152.4 550.9 899.6 +105.2 1,944.9 2,968.3 +86.6 +1,394. 0 +2,068.7 +79.5 Balance of trade -404.2 700.9 946.7 1,229.6 296.7 276.3 388.2 Nondurable goods manufacturing: Imports, f.a.s. U.S. port Exports, fob. plant -- +75.4 +30.8 -670.4 -841.4 -108.2 PAGENO="0299" 4~9 approximation made of the amount of dyes imported as part of finished textile goods. This latter represents the indirect importation of dyes. The data pertinent to a determination of the share of the U.S. consumption of dyes accounted for by imported dyes are summarized as follows: TABLE 5.-RATIO OF IMPORTED DYES TO DOMESTIC CONSUMPTION tin millions of pounds, and percentj 1957 1961 1965 1967 Percent change, 1957-67 Domestic consumption of dyes: Total In textiles: Direct Indirect Total Imports of dyes: -Total as dyes, all uses Of which, for textiles Indirect, in dyed for printed textiles Totalfortextiles Ratio, imports to domestic consumption (percent): Total direct For textile use 120.9 153.9 182.0 200.8 +66.1 80.5 2.6 102.5 2.4 . 121.2 4.4 133.9 5.8 83. 1 3.6 104.9 ~ 6.0 125.6 10.8 139.7 11.8 +68. 1 +227.8 2.4 2.6 4. 0 2. 4 7.2 4. 4 7.9 5. 8 +229.2 +123. 1 5.0 6.4 11.6 13.7 +174.0 3. 0 6. 0 3.9 6. 1 5.9 9.2 5.9 9.8 Source: Trade Relations Council of the United States, Inc., as compiled from official statistics of the U.S. Tariff Com- mission and the U.S. Department of Commerce, Bureau of the Census. Total imports of dyes have doubled their share of total U.S. consumption of dyes for all uses, rising from 3% to nearly 6%. In the dye industry's major market, textiles, imported dyes increased their share of the market by 1967 from 6% to nearly 10%. On a fiber equivalent basis, imports of textiles in all forms accounted for about 5% of consumption in 1957, and increased their share of the U.S. market to nearly 10% in 1967.~ Thus, the dye industry has suffered the same degree of import penetration in * its principal market as textiles. But unlike the proper, though as yet inadequate, concern manifested by the Government for the textile industry, in view of the import problem (as suggested by the Long-Term Cotton Textile Arrangement, the small reductions in duty on mast categories of textile mill products and apparel in the Kennedy Round, and the bills pending before this Committee with the distinguished sponsorship of the Chairman and 200 other members of Congress), the dye industry has become the victim of a concerted attack by the Executive Branch of the Government. To the full 50% cut in duties in the Kennedy Round, your Committee is asked to add further serious injury in* the form of a repeal of ASP and a further reduction in rates of duty below the average level of the 50% cut already sustained. It is. clear that the ASP system of import duties for dyes permits imports to enter the American market in a rising volume which, in the directly retated field of textiles, has been found to be market-disruptive. Does the American industry have comparable access to the markets of its foreign competitors? The data are as follows: - tin millions of pounds of fiberj 1957 1967 Domestic consumption Imports 6,031.7 281.4 9,333.7 894.2 Source: Trade Relations Council of the United States, Inc. . PAGENO="0300" 474'~ VIII. THE U.S. DYE INDUSTRY HAS A SMALL AND DECLINING SHARE OF WORLD EXPORTS BY THE PRINCIPAL DYE PRODUCING NATIONS AND IS VIRTUALLY EXCLUDED FROM THE MARKETS OF THE EUROPEAN AND JAPANESE CARTELS The gross unfairness of the attack whh~h the members of the European and Japanese dye cartels have launched against the U.S. industry is shown by a comparison of the share of world dye exports which each producer enjoys. In 1967, W~st Germany supplied 39% of world exports of dyes and pigments; the EEC, 51%. Switzerland and the United Kingdom together accounted for 37%. The United States supplied 6.9%; Japan, 5.1%. The major point is that four countries-West Germany, Switzerland, United Kingdom, and Japan-together supplied 80% of world exports; the United States, less than 7%. TABLE 6-WORLD EXPORTS OF DYES AND PIGMENTS (SITC 531) [In met nc tonsj Exporting country 1966 Percent of whole 6 months, 1967 Percent of whole West Germany Other EEC Subtotal 51, 880 16,524 38. 5 12.3 26,738 8,046 39.3 11.8 68,404 50.8 34,784 51.1 Switzerland United Kingdom Other EFTA 28,238 21,355 1,304 21.0 15.9 1.0 13,213 11,309 621 19.4 16.6 .9 Subtotal Japan United States 50,897 5,275 9,966 37.9 3.9 7.4 25, 143 3,471 4,702 36.9 5.1 6.9 Total 134,542 100.0 68,100 100.0 Sources: OECD, "Commodity Trade: Exports," 1966; OECD, "Commodity Trade: Exports," January-June, 1967. In dollar terms, the United States share of world exports of dyes and pigments has declined from 8.5% in 1962 to 7.2% in 1966. The United States supplied only 2.6% of world exports of dyes and pigments to France in 1966; 1.9% to Germany. The U.S. share of the world's exports of dyes and pigments to Switzerland dropped from 14% in 1963 to 9% in 1966; from 11% of the exports to the United Kingdom in 1964 to 8% in 1966. The United States accounted for 13% of world dye and pigment exports to Japan in 1962, but only 8% in 1966.° In fact, the U.S. share of world exports of dyes dropped between 1962 and 1966 to 14 out of 17 Latin American nations; to 14 out of 17 Western European nations; to 6 out of 11 Middle East nations; to 3 out of 4 African nations for which complete data are available; and to 7 out of 12 Asian nations. The biggest export market for the United States is Oanada, but even there the U.S. share of exports to the Canadian market has slipped from 60% in 1963 to 55% in 1966. The fact is that the foreign cartels have the world export market for dyes and pigments very much to themselves. The U.S. industry is a very small factor, and is steadily being forced out of even this slender position in world markets. Under these circumstances, the extraordinary attempt being made by the nations representing the foreign cartels with the cooperation of the Admin- istration to knock the base out from under the U.S. dye and pigments industry through repeal of ASP and substitution of reduced converted rates based on FSP is an outrage. The result of such action is clear without doubt: The U.S. market for dyes and pigments will be turned over entirely to foreign production in a short span of time. Our company and other smaller producers will be ruined. Our employees will be thrown out of the well-paying jobs and the seniority status they now hold. In the name of what? Access to the U.S. market? No. Relief from an insufficient participation in the world export market? Assuredly no. Why then? ITS. Department of Commerce, Bureau of International Commerce, Market `Share Re- ports, 1962-66 (April 1968), SITC 531.0. PAGENO="0301" 4741 IX. CONTRARY TO THE OUTWARD FLOW OF CAPITAL FOR PLANT INVESTMENT STIMULATED BY U.S. FOREIGN TRADE POLICY, THE ASP SYSTEM OF DUTIES ON DYES AND PIGMENTS HAS PROMOTED A FLOW OF CAPITAL INVESTMENT FROM EUROPE TO THE UNITED STATES. THIS BENEFICIAL RESULT IS STRENGTHENED BY THE INCENTIVE PROVIDED BY THE ASP SYSTEM FOR INNOVATION TO CREATE SPECIALTY DYES NOT COMPETITIVE WITH U.S. PRODUYrION The ASP is attacked as being "outmoded." The fact is that it has had a more beneficial effect on the U.S. balance of payments than other elements of our foreign economic policy. It has stimulated a flow of capital from Europe to the United States in sharp contrast to the outward flow of capital from the United States which has taken place during the Dillon and Kennedy Rounds of trade agreement negotiations. At the end of 1966, U.S. investment in the Oommon Market totaled $7.6 billion; 70% of the investment has been made since l960.~ In the dyesttiff business, there has been no outward flow of capital to Europe to build U.S.-owned plants. On the contrary, the German and Swiss companies have invested nearly $225 million in dyestuff and pharmaceutical plants in the Tlivited State.s, which serve as the base for annual sales of about $460 million in this country, and the employment of about 9,400 workers in these U.S. plants. The Administration is alarmed about the international position of the dollar to the point of placing an absolute prohibition on an increase in direct investment abroad. Here is a fragment of our trade policy which is encouraging investment in the United States, and the creation of jobs here. ASP may be "outmoded" by comparison with the flight of capital, runaway plants, and transfer of jobs outside of the United States which are occurring in many sectors of U.S. industry which are "protected" by a more "enlightened" system of basing U.S. duties on the Foreign Sales Price. But on the basis of honest-to-goodness inputs of capital investment and jobs in America, it is virtually unique. Furthermore, the ASP system encourages innovation by foreign producers. If they export products which are not like a similar competitive article produced in the United States, duty is assessed not on the ASP but upon United States value, which is virtually identical with export value. The foreign producers have been astute in taking advantage of this feature of U.S. law, and the entire dye and textile markets have benefited. In 1966, for example, 7.3 million pounds of imported dyes were held to be non- competitive, and thus not dutiable at ASP value. A smaller volume, 6.2 million pounds of imported dyes, was found dutiable as competitive with U.S. produc- tion at the ASP values. The specialty status of the noncompetitive dyes is shown by the fact that the average unit value of these imports, $2.38 per pound, was considerably higher than that of the competitive dye imports, at $1.33 per pound.8 We think these features of ASP are worth stressing; they are seldom men- tioned by our opponents. Yet, each has a positive value to the American economy. Against the background of tragic injury to American plants and jobs which will occur if~ ASP is repealed, are not these presently operating features which cause capital to flow into the United States, and which create jobs, a significant reason to retain ASP? CONCLUSION The foreign chemical industry and other advocates of ASP repeal base their case on the allegation that American producers can cut off imports by arbitrarily raising the duty on a product by raising the price. This argument conveniently ignores the reality of the market place where a price increase of $1 per pound would be required to raise the duty by 20~ and would itself make the U.S. product noncompetitive, if it were not already so. It also ignores the operation in the United States of strong antitrust laws and the vigilant attention of the U.S. Department of Justice to prevent price fixing. In contrast with the few producers located in the principal foreign countries exporting dyes to the United States, there are more than 50 producers of dyes in the United States, competing vigorously under antitrust ground rules for a place in the American market. ~ Department of State Bulletin, November 27, 1967, P. 712. ~ U.S. Tariff Commission, Import8 of Benzenoid Chemioal8 and Products, 1966, T.C. Pub- lication 216 (September 1967), p. 30. PAGENO="0302" 4742 The real crux of the matter is that the members of the foreign cartels wish to secure for themselves the power to reduce U.S. duties under a system in which dutiable value would be based upon their foreign export price. If ASP is repealed, the foreign cartels will be able to carry on a campaign under which for each 30-cent reduction in their foreign export price, the United States Government would contribute a further reduction in landed costs of 0 cents. This power over U.S. duties is a key element in the program of the foreign dye cartels to take over that part of the American market for dyes now supplied by the small independent companies such as American Aniline and the members of the Ad Hoc Committee of U.S. Dyestuff Producers. The President and the Congress understood these facts of life when the ASP system was established in 1022, reaffirmed in 1930, and preserved against efforts to eliminate it through "customs simplification" in 1951. To acquiesce to the demands of the foreign cartels, sponsored by their govern- ments, and unwittingly supported by the Administration, at this stage of history would be knowingly and purposefully to sacrifice as expendable the businesses, plants, investments, and employment of the small U.S. dye companies. By every test in the domain of results by which a liberal trade policy can be judged, there is no need to repeal ASP and thus sacrifice the independent Amen can dyestuff industry: The growth rate of imports exceeds that of most other American industries. Furthermore, the rising import penetration of the domestic market in dyes is equal to that in textiles, a recognized symbol of excessive im- port competition. The manufacture of dyes is, moreover, equally or more labor- intensive than the manufacture of textiles, the industry which the dye manufac- turers exist primarily to serve and with whose fate the welfare of the dye indus- try is inextricably bound. The foreign dye* cartels clearly dominate world trade in dyes and pigments, while the United States dye industry is virtually excluded from the world export trade, holding a slight and steadily diminishing share of total exports to the vast majority of the markets of the world. The decision before this Committee, therefore, turns essentially upon the con- cepts of justice, equity, and fair play. Our past trade agreement reductions in rates of duty have unquestionably granted equitable access to the foreign pro- ducers to the U.S. market; their stronger competitive position and their export- promotive and import-regulating practices deny a comparable fair share of the world export market to the United States industry. The sole basis for the health and welfare of the U.S. dye industry and its employees lies in continued access for U.S.~produced dyes to the U.S. market. This access will be destroyed by the repeal of ASP. In the name of justice and fair play, therefore, we call upon this Committee and the Congress to reject the proposal to repeal ASP as to dyes, pigments, and dye intermediates. Thank you. This concludes my statement. EXHIBIT 1.-Ad Hoc Committee of U.$. Dyestuff Producers American Aniline Products, Inc., Paterson, New Jersey. Atlantic Chemical Corporation, Nutley, New Jersey. Berncolors-Poughkeepsie, Inc., Poughkeepsie, New York. Blackman TJhler Chemical Co., Spartanburg, South Carolina. The Harshaw Chemical Company, Cleveland, Ohio. Industrial Dyestuff Company, East Providence, Rhode Island. Lakeway Chemicals, Inc., Muskegon, Michigan. Nyanza, Inc., Lawrence, Massachusetts. Patent Chemicals, Inc., Paterson, New Jersey. Pfister Chemical Works, Inc., Ridgefield, New Jersey. Southern Dyestuff Company, Charlotte, North Carolina. Young Aniline Works, Inc., Baltimore, Maryland. PAGENO="0303" C,, ~C 0 CD CD ~ p C' Co ~ .J~C~)CO "4 *00 4, 4, CC~ `-`01 ©CO ~ O"4COOo~ ~- r~ ~ 01 ~`4C~) ~ - - ~ ~00 ~ ~C~(0C~C `.4 ~ O0~&4 CJ100 010)0101010)0)01 C, 00 5~0~;j ~` CD. ~ ~ -3 0)CD 00 )0 Ci) CD -~ CD 00 ~ CD~0C -?~~ > ~CD -u -CD c;>:0 Ci) ~ m ~0 -< z 0rn< 3 .~ °- ~rn5d) ~ CD .~ >:0~ ~ CD CD. m-~ ~ C'rn> DC `2 ~ ; ,,~ 2 r~ CD :0 -i-I - Ci) :0 -1< -~ CD 0 :0 IC N30) 010"0)010) N4 ~CJ1 CJ1 ~"4 CJ1'.J ~ 00 ~C~C )D~-('40)(.4 010)0)010101010) PAGENO="0304" 4744 TABLE 1.-REDUCTION IN DUTY ON DYES, AZOICS, AND ADVANCED INTERMEDIATES INVOLVED IN THE REPEAL OF ASP AND SUBSTITUTION OF THE GATT "SEPARATE CHEMICAL AGREEMENT" RATES BASED ON EXPORT PRICES (FSP) FOR PRE-KENNEDY ROUND RATES BASED ON ASP-Conti.~ued [Price and duty in d ollars per pound[ Category of product Pro-Kennedy round, 1965 Average Average ASP ASP duty Average FSP Post-Ken~ edy round ~- Average ASP duty Average FSP duty under separate agree- ment Average percent of duty reduction, based on- -~ ASP FSP Azoics: / 46. 8 Bases Salts Naphthol AS and derivatives Average, 3 classes of azoics Intermediates: Subgroups dutiable under- TSUS 403.48B $2. 15 1.59 3. 18 $0.47 .35 .67 $0.84 .78 1. 73 $0.23 .18 .33 $0.25 .23 . 52 50 50 50 34.3 22.4 2. 31 .84 . 50 . 20 1. 12. .43 .25 - 10 .33 . 08 50 50 34.0 60. 0 TSUS 403,508 TSUS 403.60B TSUS 403.60C 1. 25 .29 .91 . . 28 .11 . 26 . 69 .17 - 46 . 14 .05 . 13 . 12 .05 - 09 50 50 50 57. 1 54.5 65.4 TSUS 403.60G 2.45 .67 1.40 .32 .27 50 Average, 5 classes of inter- mediates 1. 15 .30 .63 .15 .12 50 60.0 Source: Confidential exhibit, tables I, III, and V. TABLE 2.-COMPETITIVE RELATIONSHIP BETWEEN 410 FOREIGN AND U.S. PRODUCED DYES AND INTERMEDIATES AT EXISTING AND PROPOSED RATES OF DUTY Category of product Number of products analyzed At existing rates of duty: 1 At proposed rates of duty: 2 Number with landed cost Number with landed cost at or below ASP at or below ASP - Without With Without With markup 20 percent markup 20 percent markup markup Dyes: Disperse Acid Mordant Direct Basic Vat Total Azoics: Bases Salts Naphthols Total Intermediates Total, all products analyzed 40 89 16 . 95 20 32 33 7 87 48 15 5 95 "i 20 17 29 13 40 38 86 83 16 15 ~ 20 20 32 31 292 279 134 289 282 16 22 21 16 16 22 20 20 18 16 16 20 19 20 19 59 59 48 54 50 23 ~9 59 410 387 211 407 386 11965 pre-Kennedy round. 2 Post-Kennedy round, under "Separate Chemical Agreement" Source: Confidential exhibit, table II, IV, and VI. The CHAIRMAN. Thank you, Mr. Marshall, for bringing to us your views. Are there any questions? Mr. Curtis. Mr. CURTIS. First, I want to thank the witness for a very good statement and backup documents. I want to observe that you are hitting at one of the most serious and difficult nontariff trade barriers we have; namely, the differential between our antitrust laws and the lack of this concept among our trade partners. PAGENO="0305" 4745 However, the Rome Treaty did provide for the beginning of the development of antitrust laws in the European Common Market. I have been trying to follow this development without too much success. I might say I regret. not having followed up a couple of years ago when I requested that this committee put in our h~a~~rings some of the studies of the development of antitrust laws in the European Common Market. It should have been in our committee hearings, and because of the objection of one member wasn't put in. But having said this, this only accentuates rather than takes away from the thrust of what you are presenting here. I am going to study this brief along with some of these other presentations and see what I can, make of them. Then I would like to add this comment. I wish that there was more concentration among the witnesses by those who disagree with various points to direct attention at the arguments and facts' that have been advanced by those who reach different conclusions. I mean this both ways. I would hope that your industry would find time to prepare a rebuttal-maybe you `have-of those who have advocated the opposite point of view. (See p. 47t~1.) I find that both groups have gotten good statistics, but they are on different bases to a large degree, and there needs to be reconcilia- tion. I think there is a lot of truth in what has been presented by both groups, but I think also there are many, many areas where these seeming differences can be reconciled. Certainly this committee is going to have to try to do this in execu- tive session. How much better it would be if the witnesses who do have different viewpoints would prepare considered rebuttals of the testi- mony presented by those who disagree with them, so, Mr. Chairman, if it did meet with the approval of this group I hope you would prepare such a r~battal. I would appreciate it. Likewise, those on the other side could prepare rebuttals or maybe I would use a less antago- nistic word and say recanciliation. I would like to see where we can reconcile these different figures, these different estimates, to see what the base is that lies behind them. Mr. MARSHALL. Only one comment, Mr. Curtis. We are presenting a brief on behalf of the dyes, pigments, and dye intermediates indus- try. I think your commentary on statistical differences is quite sound, but the previous witnesses testified generally along the lines that I liked, that we are the most import sensitive of all industry. They brought that out themselves. The reconciliation, I can assure you, was accidental, but I was glad `to hear it. Mr. (~un'ris. I would say, and I want to he sure, you are `a iso pointing out that if they come out with less concern about the industry it was becnuse of the large companies and not with the emphasis on the small independent groups that you represent. Am I correct in that observation? Mr. MARSHALL. I would think so, sir; yes. Mr. CunTIs. Thank you. The CHAIRMAN. Mr. Schneebeli. Mr. SOHNEEBELI. Mr. Marshall, in your full statement you refer to an incentive which the ASP system seems to foster in having these foreign dye producers create some specialty noncompetitive dye to our 95-159 O-68---pt. iO-2i) PAGENO="0306" 4746 U.S. production. Would you give me an example of what you are re- ferring to as an incentive to produce noncompetitive products? Mr. MARSHALL. Yes, Mr. Schneebeli; may I ask Mr. Stewart to answer that question? Mr. SCHNEEBELI. Certamly. He is an expert here. I am glad to see him again before our conimittee. Mr. STEWART. Very briefly, the determination of whether an im- ported chemical, and we talk here specifically about dyes, pigments, and dye intermediates, is competitive, is a judgment made by the Bureau of ~iistoms essentially on chemical formulation grounds. In 1966, according to the Tariff Commission, of the total imports of dyes the majority by quantity, 7.2 million pounds, were deemed by Customs to be noncompetitive. However, the judgment of the market- place as to whether an import dye found to be noncompetitive and, therefore, not subject to American selling price, is fully interchan~e~ able in a commercial sense with American-produced dyes, is quite another matter. We have prepared, to illustrate this should we be asked, Mr. Schnee- beli, four cards which show fabric or yarn dyed with dyes that were imported and classed noncompetitive, and fabric and yarn dyed with American-produced dyes. On each card, in addition to the visual evidence of your eyes, you will find the results of a test by a spectrophotometer which shows the light reflected by the fabric or yarn, and you will find this scientific evidence shows that the quality and performance of the dyes are vir- tually identical. Without objection, I would appreciate an opportunity to give these as an exhibit to the committee to be made a part of this hearing. * Mr. SCHNEEBELI. Mr. Chairman, I would ask for that permission. The CHAIRMAN. Without objection, exhibit material will be held for the use of the committee in its determinations. Mr. SOHNEEBELI. Mr. Stewart, by "noncompetitive" do you mean something that can't be produced in this country? Mr. STEWART. No,; it means that at any particular moment of time the foreign producer has the opportunity to adopt names and chemi- cal formulations for an article commercially competitive with one which is presently being produced in the United States, but which, under the circumstanccs for technical reasons, can be treated by the Bureau of Customs as noncompetitive and, as our testimony shows and as the prior witness admitted, at least half-we say more than half-of all imported benzenoid chemicals are held to be noncom- petitive and not subject to the American selling price, though they are competing directly in the market with other American-produced products. Mr. Oinrris. Would the gentleman yield there? Mr. SCH~EBELI. Go ahead. Mr. C~uirns. Is it your interpretation that the Bureau of Customs is carrying out the letter of the law, or that it has stretched the intent of the law? Mr. STEWART. We make no complaint about the administration o~f the law by the Bureau of Customs. What we are saying is that the system PAGENO="0307" 4747 as enacted by Congress provides for flexiinuity, and it does stimulate innovation by the foreign producers, and they have taken advantage of this and they have achieved a status in which most of their exports are treated in fact as noncompetitive. Mr. Oinrrrs. I am not sure of the language we actually used. Did we use the term "competitive"? Mr. STEWART. Yes, the statute uses the term "similar competitive article" and that is defined as a product which achieves substantially the same result or a substantially equal result when used in sub- stantially the same manner. Mr. Ouwns. I would suggest that I thought your criticism was directed along the line that in actuality the products were competi- tive, so this would be a problem of administration rather than the law itself, wouldn't it ~ Mr. STEWART. We don't really think so, Mr. Curtis. We think the law is fairly administered by the Bureau of Customs and the quality of it~ administration provides great flexibility `for the importers to avoid the use of American selling price at least on the majority of their imports. Mr. Cmrns. Could we change the words so that they would be different? Mr. STEWART. We would not recommend that. We think that this element of flexibility is desirable. Mr. Cui~ris. I thank the gentleman for yielding. I don't quite understand the point that you are making. Mr. STEWART. The point is that the American selling price as a term has been used as a symbol of a very protectionist so-called system of appraising U.S. imports of benzenoid chemicals. The fact is that the majority of the imports are not stthjeict to duty on the basis of the American selling price because the system has `built in this important element of flexibility which allows the results of innovation to come in without being appraised on the basis of American selling price. Mr. SOHNEEBELI. I don't know who wants to answer this question. Have you gotten any figures or made any projections as to how our domestic industry is going `to fare under t:he new Kennedy round under the ASP approach? Mr. MARSHALL. In the nature of a projection within my company, nor the ad hoc committe~, has done work along that line. It so happens that Mr. Stewart has made such a projection for dyes and pigments and for another important group of products known as textile `assist- ants. He did this in his capacity as general counsel for the Trade Relations Council of. the United States of which our company is a member, which is why I am aware of it. Mr. SC)HNEEBELI. Do you have such figures? Mr. STEWART. Yes, I have, Mr. Schneebeli, and I think it does con- tain important statistical information that `bears on the simject matter of ASP and I would like to offer it for the record. Mr. SCHNEEBELI. I would like to ask permission to put that in the record. The `CHAIRMAN. Without objection it will be made a part of the record. PAGENO="0308" 4748 (The information referred to follows:) ADDRESS BY EUGENE L. STEWART, GENia~AI~ OOUNSEL, TrtAim RELATIONS COUNCIL, TO THE CHEMICAL MARKETING RESEARCH ASSOCIATION, AT THE PLAZA HorsL, NEW YORK, NEW YORK, MAY 2, 1908 OPPORTUNITIES AND DILEMMAS IN WORLDWIDE CHEMICAL MARKETS The Impact of U.s. Foreign~ Trade in Textiles on Benzeno'id Dyes, Pigments, and Textile Assistants Mr. ()hairman~ allow me to begin by expressing again the appreciation of the Trade Relations Council for your kind invitation to participate in this interesting program. A brief word about the Council may be of interest to your members. The membership of the Trade Relations Council represents a broad cross section of American industry, including manufacturing firms in the textile and chemical industries. The principal activity of the Council consists of an intensive and continuing study of employment, output, and foreign trade data of U.S. manu- facturing industries. We have established a computeriZed data bank at Georegtown University which contains all available U.S. Government data pertaining to the economic growth and foreign trade performance of U.S. industries. The Council under- takes to perform a service to Government and industry by periodically publish- ing studies based upon an analysis of these data drawing heavily upon the poten- tial for analysis implied in the electronic data retrieval system which I have described. Accordingly, it is entirely consistent with the service role of the Trade Rela- tions Council for me to have an opportunity to take part in this program and to present some facts which may be of interest to the knowledgeable marketing personnel in your group who are concerned with both the textile and chemical markets of the United States. It is scarcely necessary for me to remind the members of this group that market growth and development respond to a variety of economic changes. Increasingly in U.S. markets for manufactured goods, the alteration of the competitive rela- tionship between domestic and foreign goods through governmental action in the tariff and trade area may have significant-even profound-effects both on market `growth and participation in the growth of the markets by U.S. manufac- turing firms. This is especially the case in textiles and benzenoid chemicals. As a prelude to the substance of my remarks, let me remind you of some of the key facts concerning recent governmental actions which' promise significantly to alter the competitive relationship between domestic and foreign textiles and benzenoi'd chemicals in the United States market. I refer, of course, to the Ken- nedy Round and particularly to the actions of the U.S. negotiators in agreeing to U.S. tariff reductions for the benefit of foreign suppliers of the U.S. market. Cotton textile articles were rdeuced an average of 21%, man-made fiber textile products 15%, and wool textile products only 2%. These reductions were unevenly distributed, however, and the implications of that distribution are important for the sale of chemicals to the textile `industry. As contrasted with the average reduction of 21%, cotton fabric and apparel were reduced 25% and miscellaneous finished cotton textile products were reduced 33%. In man-made fiber textile products, fabric was reduced 18%, made-up articles 29%, and miscellaneous products 30%. Apparel articles were reduced `least of all-0% on the average; but this needs to `be understood in the context of current import trends which find apparel and finished textile product imports, both of cotton and of man-made fibers, rising at a far more r~apid rate than that of other, textile products. PAGENO="0309" 4749 Compared with the fate of the chemical industry in the Kennedy Round, the textile industry was handled in very gingerly fashion by our Government; and as everyone knows, the chIef deterrent, for the present at least, to rising imports of cotton textiles is not the rate of duty but the continued operation of the Long- Term Cotton Textile Arrangement which aims but does not succeed in limiting imports of cotton textiles to an average increase of not more than 5% per year. Benzenoid chemicals in batch process categories are, of course, more labor intensive than textile products. U.S. `import duties on these chemicals were reduced a full 50% and the Administration has proposed an additional act, sub- ject to Congressional approval, of changing the basis of customs valuation for benzenoid chemicals, the average effect of which would be to further reduce the amount of duties collected on import-sensitive categories such as dyes and pig- ments by approximately 30%. Without question the balance of competition between foreign and domestically produced chemicals of the types sold to the textile industry are in the process of being drastically `altered to the advantage of foreign producers. Not so well appreciated is the fact that the domestic market for these products, which will become a more fiercely contested battleground than ever before in view of the tariffs cuits just mentioned, is itself being severely contracted by the rapidly rising volume of textile imports in all fiber categories. We begin our talk, then, by a brief look at current trends in the domestic consumption of textile products. We have expressed domestic consumption in pounds of fiber or fiber equivalent in order to eliminate the distortions produced by attempting to compare imported articles at low-wage foreign invoice values with domestic shipments at their comparatively inflated high-wage domestic prices. Chart 1 sets forth the actual growth of do~nestic and mill consumption of textile fibers as well as that of imports and exports for the past 15 years a'nd offers a projection of the probable trend for the next 12 years. The facts of chief significance which emerge from `this chart are these: 1. During the past 15 years domestic consumption of textiles has increased 50%, but exports have risen only 22% and mill consumption by 39%. 2. T'he largest component of growth in the past 15 years has gone to imported products which have increased in volume by nearly 400%. 3. By 1980 we expect domestic consumption of `textiles to increase an `addi- tional 45%. We expect exports to rise by 90%. The dramatic fact is th'at we have projected mill consumption to grow by only 1% during the next dozen years. The reason for this i's that our projections show that imports of textile articles will increase fivefold during the next 12 years, capturing virtually all of the growth in domestic consumption in the United States. The data for these observations are attached as Table I. What are the implications of these trends for U.S. manufacturers of dyes, pigments, and textile assistant's, important classes of chemicals which are directly dependent upon the continued existence and growth of the U.S. textile industry? Let us consider first the position of U.S. dyestuff producers. To the extent th'at `imported textiles consist of gray goods, if we set `aside for the moment the question of what effect this would have on the economic health of the U.S. textile mill product's industry, there is no loss to the potential U.S. * market for dyes. Foreign-produced gray goods must be dyed no less than domestically produced goods. To the extent that the textile imports consist of dyed or printed fabric `and apparel a.nd `other made-up goods, however, the imports represent a loss of market potential to U.S. dyestuff producers. In our analysis, therefore, we have transferred imports of gray goods over to the category of demand-generating activity, along with domestic mill activity, * as measured by mill consumption of fiber. Our investigations have shown, how- PAGENO="0310" 100-One ACTUAL AND PROJECTED DOMESTIC CONSUMPTION INCLUDING U.S. IMPORTS AND EXPORTS OP TEXTILE ARTICLES AND U.S. MILL CONSUMPTION OF TEXTILE FIBERS (MilUons of Pounds of Fibers) - -- --- Domestic C -.-+.-.- onsompfi 1~~~ on ~ ,.0Oc -- -~ - != ~ ~- ~ Impc Export - ~ s - -~ ~: ~ ~ ~- o,~ ;- -~ - I- -- 1953 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 PAGENO="0311" 4751 ever, that unfortunately the greater portion of imported textile articles consists of the products which ~epre~ent a loss of market potential for the dye industry rather than of gray goods. This is shown by the following chart. Chart 2 8. IMPORTS OF GRAY GOODS AND OTHER FABRIC AND TEXTILE MAUNFACTURES (In Millions of Pounds of Fiber Equivalent) 1100 800 /00* ovu. 500 - 100 ~ 1953 1957 Gray Goods % Change 1953-67 ÷ 789.8% % Change 1967-72 + 85.6% Finished Fabric and Textile Manufactures % Change 1953-67+817.9% % Change 1967-72 + 99.0% PAGENO="0312" 4752 The data on which this chart is based may be summarized as follows: TABLE 1.-IMPORTS OF GRAY GOODS AND OTHER FABRIC AND TEXTILE MANUFACTURES [In millions of pounds of fiber equivalenti Gray goods Other fabric and textile manufactures Total 1953 20.5 360 928 640 128.8 1957 1961 74.3 158.2 157.5 318.5 231.8 476.7 1965 201.6 379.2 580.8 1966 182.4 399.3 581.7 1967 338.5 794.7 1,133.2 1972 1976 1980 Percent change: 1953-67 1967-80 580.4 1,089.2 +789.8 +5,313.2 1,589.5 3,567.1 +817.9 +793.3 2,169.9 4,656.3 +808.9 +700.5 Source: Trade Relations Council of the United States, Inc. U.S. producers of dyes seeking to supply the needs of the domestic textile industry have been faced with rapidly shifting foreign and domestic market trends of their own. These changes may be summarized as follows: 1. Between 1953 and 1967. both total domestic consumption of dyes and the consumption of dyes by the domestic textile industry increased by 39%. 2. U.S. dye producers boosted their exports by 35% during this 15-year period. 3. The big shift, however, occurred in imports which rose by 328% between 1953 and 1967. 4. As a result, shipments by U.S. dyestuff producevs rose only 36% in 15 years-3% less than the growth of our domestic dye market. Now, as of January 1, afl U.S. dye imports are subject to a 10% reduction in duty, and an additional 10% duty cut will be placed in effect on January 1 of each of the next 4 years. Taking these duty cuts into consideration and projecting a modified exponential trend of the experience of the Past 15 years, we see the following as the situation by 1980: ~l. Domestic consumption of dyes will increase only 9% in the next 12 years, both in total and by the textile industry. 2. U.S. dye exports will rise by 63%. 3. Imports of dyes will increase nearly sevenfold and represent in 1980, 72% of domestic consumption in textiles. 4. As a consequence, domestic shipments by U.S. producers of dyes will decline absolutely by 34%-nearly 3% a year. The outlook for the dyestuff producers is disturbing. to say the last, as shown by Ohart 3. The data on which this chart is based are set forth on Table II of the Appendix. But the displacement of U.S. dye sales by direct dye imports is not the story which holds our attention today, important as it may be. Rather, we are inter- ested in what the impact of textile imports may be on the dye market. We have undertaken to measure this by correlating the quantity of dyes con- sumed domestically by the textile industry with the amount of fiber consumed by textile mills in producing the articles which are dyed and finished in the course of their travels from textile mill to consumer. By reducing imports of fabric other than gray goods and textile manufactures beyond the fabric state to their fiber equivalent in pounds, we are able to apply a factor representing the average per cent of dyes used per pound of textile fiber consumed in textile manufacture. By this procedure we have derived, as shown in Table III in the Appendix, the quantity of dyes contained in imported textile products. This indirect importation of dyes represents a loss of market potential to the domestic dye industry no less than the direct imports. The impressive proportion of indirect to direct dye imports is shown in Ohart 4. PAGENO="0313" ACTUAL AND PRCjPCrED DOMESTIC CONSUMPTION OF DYES (In Thousand, of Pouods 1,000,000 - SHI MENS -7 TOTAL DOMESTIC CONSUMPT ON ONSUMPTION FC TEXTILES -4--- DOMESTIC ~J~~ORTS ~ 10,000 -~ ~ - - - DIRECT EXPORTS ~ ~ uu-----~~-~__ -. ----~ - ----- `19S3 S4 55 56 S7 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 79 80 73 74 75 76 77 78 PAGENO="0314" 4754 13. Chart 4 INDIRECT VS. DIRECT IMPORTS OF DYES (In Thousands of Pounds) 100,000 (~I! ouI~ 1953 1957 1961 ~ Direct Imports of Dyes Dye Contents of Textile Imports % Change, 1953-67 + 799.1 % % Change, 1967-80 + 768.7% Import competition is only one side of the story. To take a balanced view of the matter we need to consider with equal care the market potential created by the export activities of both the U.S. dye producers and the textile industry whose exported products create demand for dyes. Using the same technique-that is, observing the relationship of dyes con- sumed to textile fibers consumed by the textile industry in each of the past 15 years-we have measured the probable dye content of U.S. exports of textile articles and have added these quantities to the direct export shipments of dyes by dye producers. Comparing these aggregate data with the similar measurement of direct and indirect dye imports, we have struck a balance of trade for dyes. (I should say parenthetically that the Government uses this same technique in measuring the impact of textile imports on the domestic textile industry by con- 50,',~,'.. 10,000 5,...'-"., 1965 1966 1967 1972 % Change, 1953-67 + 327.9% % Change, 1967-80 + 785.2% 1980 PAGENO="0315" 4755 verting the textile content of all forms of textiles into square yard equivalents and comparing that total to the production of the textile mill products industry in square yards.) Our direct and indirect balance of trade data for dyes show that the very impressive favorable trade balance of nearly 12 million pounds which was gener- ated~ by the combined efforts of the dye and textile industries in 1953 has been steadily eroded to the pOint where in 1967 it had virtually disappeared. This year the balance will turn into a deficit-we estimate in the order of 1% million pounds. By 1980 this deficit will balloon to the awesome proportion.s of an esti- mated 127 million pounds. The data tracing this dramatic shift in the direct and indirect trade balance in dyes is set forth in Table IV in the Appendix. Perhaps these data will be more meaningful to you market experts if they are converted into dollars at the average unit selling price for dyes in the American market. So converted, the favorable balance in 1953 was worth a net of $13.1 mil- lion to the U.S. dye industry, and only $805,000 in 1967. This year the direct and indirect trade deficit in dyes will likely be a deficit representing a loss of $2.6 million in potential sales in the U.S. dye-textile mar- ket. This deficit will rapidly increase to $30 million by 1972, the year of the last Kennedy Round tariff cut. We estimate that the direct and indirect trade deficit in dyes will zoom to nearly $315 million by 1980. This figure is not without significance as the total sales of U.S.-produced dyes in 1966 were valued at $331.5 million. When rising U.S. imports of cotton textiles reached a level equivalent to 5.2% of domestic consumption, the Kennedy Administration made very determined efforts to bring the situation under controL Worth-while innovation produced the Short-Term and Long-Term Cotton Textile Arrangements. Whatever the faults in administration of these agreements, they have had the salutary effect of smoothing out the upward slope of textile import increases to a lower and more uniform rate than the more chaotic fluctuations which characterized the cotton textile trade prior to 1962. In 1965, direct imports of dyes passed the 5.2% benchmark of market disrup- tion established through intergovernmental negotiations in the cotton textile case. If import penetration is measured in dyes as it was in cotton textiles by taking into account the indirect imports as well as the direct imports, the market penetration passed the 5.2% benchmark in 1961. There are various methods for measuring market penetration by imports. By any test dye imports have reached and passed the level of market disruption and call for far more positive Government action than the harassment which the 50% tariff cut and the threatened repeal of the American Selling Price constitute for the U.S. dye industry. Various market penetration ratios for dyes are sum- marized in the following table. TABLE 2.-RATIO OF IMPORTS TO DOMESTIC CONSUMPTION IN DYES (BASED ON UNITS) Direct im ports to- Directand indir Total direct ectimportsto- Total direct Direct Total direct consumption consumption of dyes in textiles consumption and indirect consumption in textiles and indirect consumption in textiles 1953 1.9 2.9 2.4 3.5 1957 2.8 4.5 5.1 7.5 1961 3.9 5.9 5.4 8.0 1965 5.9 8.9 8.1 12.1 1966 7.0 10.6 9.5 14.0 1967 5.9 8.8 8. 5 12.6 1972 11.8 17.7 16.3 23.8 1976 22. 5 33.8 29.6 42. 4 1980 47.8 71.7 57.6 79.0 Source: Trade Relations Council of the United States, Inc. Let me conclude ray remarks about the impact of textile imports on dyes by stating that in combination with direct imports of dyes, foreign prt~ducts will take over the U.S. market for dyes to such an extent that within the next decade - the great majority of all dyes used in textile articles purchased by U.S. consumers will be of foreign origin. PAGENO="0316" 475& Whether you call them dry colors, pigments, or lakes and toners, the complex batch process benzenoid chemicals used in coloring print cloth are affected by textile imports, though to a considerably less degree than dyes. This stems in part from the fact that whereas two-thirds of dye sales are to the textile industry, perhaps oilly 8 to 10% of pigment sales are made to the textile industry. Nevertheless, foreign producers of pigments have understood the importance of the U.S. textile market. Whereas domestic consumption of pigments in tex- tiles, we estimate, has remained comparatively static during the past 15 years, ranging from 2.7 million pounds in 1953 to 2.6 million pounds in 1967, imports have zoomed upward at a dusty rate, increasing from 398,000 pounds in 1953 to 1.9 million pounds in 1967, nearly a fourfold increase. Our projection of an exponential trend for imports of pigments, adjusted in relation to the 50% tariff cut on pigments made by our Government in the Ken- nedy Round, leads us to believe that by 1980 U.S. imports will reach 15 million pounds, cutting sharply into total domestic shipments of pigments to all trades and reducing total domestic consumption far below today's level of between 30 and 40 million pounds. The pertinent data are summarized for you in Table V of the Appendix. As is evident from Table 17, the United States has enjoyed a substantial trade surplus in dry colors~ At the average unit sales prices reported by the U.S. Tariff Commission, we calculate that the net direct and indirect trade balance in pig- ments increased from $4.4 million in 1953 to $8.9 million last year. We believe that the value of the direct and indirect favorable trade balance in pigments will reach its peak this year at $9.3 million. Under the impact of the 50% reduction in duty granted in the Kennedy Round, the five successive annual tariff cuts of 10% each which commenced on January 1, 1968, will reverse this trend both as to the direct trade balance and as to the indirect balance of trade in pigments contained in textile products. A quick decline in that trade balance will set in and be virtually eliminated by 1975, according to our estimates. In fact, we believe that by 1980 the net direct and indirect balance of trade in pigments will represent aloss of $34 million in sales to U.S. producers of pigments. As for market penetration, the ratio of imports to domestic consumption in all uses of pigments iii 1967 was 5.9%, and if the pigments imported as part of textile product imports are counted, this penetration ratio moves up to 6.2%. Under our projections, by the last year of the Kennedy Round cuts in 1972 we estimate that the market penetration of imports of pigments will have risen to 9.1%, or to 9.5% if the pigment content of textile article imports is counted. According to our projections, by 1980 the ratio of imports to domestic con- sumption of pigments will exceed 50%. Let me conclude by making a few observations about the impact of imports on the U.S. market for a somewhat vaguely defined class of chemicals known as textile assistants. Consisting of sulfonated oils and fats, softeners, soluble oils and greases, and other articles used as wetting agent, waterproofing emul- sions, and mordants, this class of products comprises a market within the textile industry of considerable importance to the chemical industry. Domestic consumption of these chemicals this year will be valued at nearly $200 mililon. In addition, U.S. producers export roughly $40 million of textile assistants annually. Thus far imports are small by comparison, but they have risen from a value of $101,000 in 1953 to nearly $6 million in 1967. Our pro- jections show that U.S. direct exports will probably exceed U.S. direct imports of textile assistants throughout the next 12 years. The pertinent data are shown in Table VI of the Appendix. When indirect imports of textile assistants-that is, the content of these chemicals contained in or represented by imports of finished textiles-are reckoned, they will change this very favorable trade picture into a deficit by 1978. Currently the favorable direct trade balance is in the order of 37 million pounds, and the indirect trade balance is a deficit of 2 million pounds. The in- direct deficit is growing rapidly because of the large increase in imports of finished textile fabrics and made-up goods. Admittedly, it is difficult under the PAGENO="0317" 4757 import and export classifications to measure this precisely but we have attempted to do so in Table VII of the Appendix. Nothwithstanding the comparatively brighter prospects for the textile assist- ants market than for dyes, the penetration of the domestic market by imports, both direct and indirect, passed the 5.2% market disruption level in 1965, as shown by the following summary: TABLE 3.-~flatio of direct and indirect imports to total direct consumption pins indirect consumption in te~rtiles 1953 0. 7 1957 1. 5 1961 2. 7 1965 6.3 1966 7 8 1967 7.0 1972 12. 9 1976 23. 2 1980 43. 5 CONCLUSION The impact of textile imports on important chemical markets for dyes, pig- ments, and textile assistants can best be summed up `by stating the value at 11.8. market prices of the market opportunities which have been displaced by direct and indirect imports of these products. From a favorable balance of trade valued at $25.9 million in U.S. market prices in 1953, the U.S. chemical industry will suffer a deficit or absolute loss of market opportunities valued at $7.7 million in 1972, the year the Kennedy Round Tariff cuts `become fully effective, which will then rapidly increase to the rather staggering figure of $373 million in `lost market opportunities by 1980. This very substantial loss `of your domestic market need not `occur, should not occur, and would not occur if the United States `had a trade `policy `which was sensitive to the realities of competition `between products produced abroad by sophisticated. manufactuers whose labor and capital resources are fully as sophisticated as those of their higher-cost, higher-wage U.S. competitors. The day is soon arriving when the marketing `profession, so impressively repre- sented at this conference, will take a greater interest in the political action re- quired to `achieve a rational foreign trade policy in the interest of U.S. business w~hich, in the final analysis, is also in the national interest. APPENDIX TABLE 1.-ACTUAL DOMESTIC CONSUMPTION OF TEXTILE ARTICLES, 1953-67, AND PROJECTED DOMESTIC CONSUMPTION, 1968-80, INCLUDING ACTUAL AND PROJECTED U.S. IMPORTS AND EXPORTS OF TEXTILE ARTICLES, AND OF U.S. MILL CONSUMPTION OF TEXTILE FIBERS tIn millions of pounds of fiber or fiber equivalentj Domestic consumption Imports Exports Mill' consumption 1953 6, 192.5 1957 6,031.7 1961 6,564.0 1965 8, 759.2 1966 9,425. 4 1967 9,333. 7 1972 10,420. 1 1976 11, 884. 1 1980 - 13,552.4 Percent change: 1953-67 +50. 1 1967-80 +45.2 181.5 281.4 399.9 755. 0 984. 8 894.2 1, 852.2 3, 141. 7 5,480.6 +392.7 +512.9 416.9 437.4 446.8 453. 5 499. 7 506.6 633.4 782.2 992.9 +21.5 +96.0 6,427.9 6,187.7 6,610.9 8,457. 7 8,940. 3 8,946. 1 9,201. 3 9, 524.6 9, 064. 7 +39.2 +1.3 Source: Trade Relations Council of the United States, Inc. PAGENO="0318" 4758 TABLE P1.-ACTUAL AND PROJECTED DOMESTIC CONSUMPTION OF DYES [In thousands of poundsj Domestic consumption Shipments Imports Exports Total For textiles 1953 151,675 2,765 30,216 144,224 96,066 1957 126,963 3,631 9,664 120,930 80,539 1961 158,351 6,016 10,497 153,870 102,477 1965 189,965 10,753 18,669 182,049 121,245 1966 204,135 14,133 17,272 200,996 133,863 1967 206,436 11,832 13,780 200,809 133,873 1972 204,233 25,138 16,613 212,758 141,839 1976 195,677 51,311 19,293 227,695 151,797 1980 136,638 104,740 22,405 281,973 145,982 Percent change: 1953-67 +36. 1 +327.9 +34.9 +39.2 +39.4 1967-80 -33.8 +785.2 +62.6 +9.0 +9.0 Source: Trade Relations Council of the United States, Inc. TABLE 111.-DYE CONTENT OF TEXTILE IMPORTS COMPARED WITH DIRECT IMPORTS OF DYES [In thousands of poundsi Dye content Direct ` Total indirect of textile imports and direct im- imports of dyes ports of dyes 1953 644 2,765 3,409 1957 2,623 3,631 6,254 1961 2,410 6,016 8,426 1965 4,427 10,753 15,180 1966 5,422 14,133 19,555 1967 5,790 11,832 17,622 1972 11,364 25,138 36,502 1976 22,730 51,311 74,041 1980 50,296 104,740 155,036 Percent change: 1953-67 +799. 1 +327.9 +416.9 1967-80 +768.7 +785.2 +779.8 Source: Trade Relations Council of the United States, Inc. TABLE IV.-DIRECT AND INDIRECT U.S. TRADE BALANCE IN DYES [In thousands of poundsj Direct Indirect Total 1953 +7,451 +4,465 +11,916 1957 +6, 032 +1,311 +7, 343 1961 +4,481 +1,989 +6,470 1965 +7,916 -622 +7,254 1966 +3,139 -1,194 +1,945 1967 +1,948 -1,466 +482 1972 -8,525 -7,168 -15,693 1976 -32,018 -18,145 -50,163 1980 -82,335 -45,102 -127,437 Percent change: 1953-67 -73.9 -137.2 -96. 0 1953-80 -1,250. 0 -1, 110. 1 -1, 069. 5 Source: Trade Relations Council of the United States, Inc. PAGENO="0319" 4759 TABLE V.-ACTUAL AND PROJECTED U.S. CONSUMPTION, IMPORTS, AND SHIPMENTS OF PIGMENTS [In thousands of poundsj U.S. Imports Shipments consumption 1953 33, 881 398 36,661 1957 26,879 164 29,588 1961 27,254 278 29,472 1965 34,634 797 38,024 1966 39,627 1,010 43,316 1967 32,662 1,922 36,297 1972 42, 859 3,906 45,215 1976 39,671 7,649 38,912 1980 26, 787 14,981 19,388 Percent change: 1953-67 -3.6 +382.9 -1.0 1967-80 -18.0 +679.4 -46.6 Source: Trade Relations Council of the United States, Inc. TABLE VI.-ACTUAL AND PROJECTED U.S. CONSUMPTION, IMPORTS, AND SHIPMENTS OF TEXTILE ASSISTANTS (In thousands of pounds( U.S. con- Imports Shipments sumption 1953 176,642 101 196,331 1957 169,834 147 196,319 1961 128,524 541 156,704 1965 176,845 5,119 210,074 1966 189,641 7,770 222,356 1967 197,578 5,982 234,337 1972 223,173 13,184 266,042 1976 238,842 27, 853 280,620 1980 245,373 58,842 273,029 Percent change: 1953-67 ±11.9 +5, 822.8 +19.4 1967-80 +24.2 +883.7 +16. 5 Source: Trade Relations Council of the United States, Inc. TABLE VII.-.DIRECT AND INDIRECT U.S.. TRADE BALANCE IN TEXTILE ASSISTANTS [In thousands of poundsj Direct Indirect Total 1953 +19,689 +8,206 +27,895 1957 +26,485 +5,772 +32,267 1961 +28, 180 +2,496 +30,676 1965 +33,229 -996 +32,233 1966 +32, 715 -1,898 +30, 817 1967 +36,759 -2, 164 +34, 595 1972 +42,869 . -11,280 +31, 589 1976 . +41,778 -28,551 +13,227 1980 +27,656 -75,809 -48, 153 Percent change: 1953-67 +86.7 -127.4 +24.0 1967-80 -24.8 -3,403.2 -239.2 Source: Trade Relations Council of the United States, Inc. Mr. SOHNEEBELI. Incidentally, are we talking about this small seg- ment of 17 percent of the total industry as small producers, nonalined producers? Mr. MARSHALL. Yes, sir. Mr. SCHNEEBELI. How many employees would you say roughly that these 50 producers employ? PAGENO="0320" 4760 Mr. MARSHALL. Well, the 50 includes the bigger companies too, Mr. Schneebeli. Mr. SOHNEEBELI. Then of the small producers how many? Mr. MARSHALL. But in the group represented by the ad hoc commit- tee I believe a figure of perhaps 3,000 or so would be appropriate. Mr. SOHNEEBELI. And where are most of these industry compames located? Mr. MARSHALL. In New Jersey, Pennsylvania, New York, Rhode Is- land, Ohio, Michigan, Massachusetts, Maryland, Georgia, North Caro- lina, and South Carolina. Mr. SOHNEEBELI. But mostly the Middle Atlantic States. Mr. MARSHALL. Yes, sir. Mr. SCHNEEBELI. We have been talking generally about the size of the chemical imports. What percentage of our total imports is in the chemical and dye field? Mr. MARSHALL. If you will bear with us, Mr. Stewart has some statis- tics on that which I would rather he presented if you don't mind. Mr. STEWART. Mr. Schneebeli, in the year 1966, according to the Tariff Commission, total imports of beuzenoid chemicals were valued at $88 million. Of this some $46 million were held to be competitive. This is more than 50 percent on a value basis, but it was less than 50 percent on a quantity basis. In that year the total imports of chemicals were about $796 million. Therefore, the competitive imports, benzenoid chemical imports of all classes, not merely dyes, were in the order of some 5 to 6 percent. In that same year total imports of all manufactured goods were $14.4 billion. Therefore, the imports of competitive benzenoid chemicals dutiable on the basis of the American selling price were only about three-tenths of 1 percent of total U.S. imports of manufactures in 1966. Mr. SOHNEEBELI. Very small percentage of your total chemical imports. Mr. STEWART. It does not seem in view of its size to rate the amount of attention and concern it has been given. Mr. SCHEEBELI. 9,000 to 10,000 employees? Mr. MARSHALL. Something on the order of 3,000 employees from the small companies; 9,000 to 10,000 for the rest of the industry. Mr. SOHNEERELI. The bigger companies can absorb this loss of busi- ness but you fellows are out of business with the elimination of ASP Is that the idea? Mr. MARSHALL. I wouldn't want to assume the action of the bigger companies because I don't know. I do know for a fact that it would put us out, and the others of the ad hoc committee out of business. Mr. SCHNEEBELI. So then they are unhappy about it and you are even more unhappy. Mr. MARSHALL. I think so. The CHAIRMAN. Any further questions? Again we thank you, Mr. Marshall. Mr. MARSHALL. Thank you, Mr. Chairman. (The following memorandum was received by the committee:) PAGENO="0321" 4761 MEMORANDUM By SYNTHETIC ORGANIC CHEMICAL MANUFACTURE1~S ASSOCIATION (SOOMA) CONCERNING TESTIMONY GIVEN IN SUPPORT OF THE "SEPARATE" PACKAGE AGREEMENT During the course of the hearings it was suggested that it might be helpful to the Committee if the parties involved in the ASP issue respond to the testimony presented on the other side of the issue. SOOMA stands on the testimony and supporting documents it presented to the Committee. Time will not permit a detailed rebuttal of the testimony presented in support of the "separate" package agreement. Many of the deficiencies in fact and logic in the testimony presented in support of adoption of the "separate" package agreement were exposed by the members of the Committee in their questioning. Other such deficiencies are obvious on the face of the testimony and therefore do not warrant comment. However, there are some important deficien- cies in fact and logic in thjs testimony which we believe it may be helpful to the Committee for SOCMA to offer some comment. 1. Independent Economic Assessments in Support of the Government Posi- tion.-In its testimony SOCMA cited a number of independent economic assess- ments including several from European sources indicating the serious Gdverse economic effect the chemical "deals" would have upon the domestic chemical industry. We then stated: "While we have been unable to find any similar independent economic assess- ments supporting the Government's position [on probable economic effect} we would, of course, be pleased to have the Government cite some for us and for the Committee." (SOCMA testimony, p. 74) In response to a question from the Committee concerning this statement, Mr. Haines, testifying on behalf of the Organic Chemicals Group of the American Importers Association, proceeded to cite "quite a number" of "independent economic assessments supporting the Government poSition." The "economic assess- ments" cited by Mr. Haines consisted of a sentence here and a sentence there taken out of context and with their meaning liberally interpreted by Mr. Haines. Only one of these "assessments" purported to be an "independent economic assessment" of the chemical "deais"-~the assessment made by Dr. James G. Tewksbury entitled "The Kennedy Round and the `Chemical Industry". Mr. Haines chose to quote only two sentences out of this 14 page report. The rest of this assessment clearly and forcefully negates the implication obtained by taking these sentences out of context. A representative ~ampling of Dr. Tewks- bury's report is as follows: This paper will also suggest that the longer term economic consequences of free trade could be very serious for the U.S. as a whole as well as for U.S. chemical companies. If remedial action is not taken, U.S. balance of payments and employment may suffer severe losses. The fundamental problem is simple: the U.S. chemical industry will not be cost competitive. High labor costs in the U.S. will no longer be offset by high productivity, technological superiority, or other favorable factors. Add to this intentionally discriminatory trade practices and other disadvantages faced by the U.S. chemical industry vs. foreign com- petition, and the result is clear. Not only will exports decline, but major new inroads will be made by imports. In effect, the bleak economic consequence of free trade will be to export our high standard of living. (p. 1) (d) A Frightening POssibIiIty.-In the preceding sections, it has been pointed out that the U.S. faces many competitive disadvantages in world trade, with little or nothing to compensate. Average tariffs will be around 10% after Ken- nedy Round cuts, which is hardly enough to counter the combined effect of dis- advantages. If the trend towards free trade continues, and no action is taken to counter U.S. disadvantages in world trade, the likely consequences are frightening indeed. In chemicals alone the current favorable balance of trade e~rceeds one-and-a-half billion dollars. If problems' are unchecked thin could easily turn into an un- favorable balance of twice that amount. The net damage to U.S. balance of pay- ments would approach five billion dollars per year, a truly staggering sum. Em- ployment would be proportionately hard hit. It goes without saying that profit consequences would be extreme. (p. 12) [Emphasis supphiedj 95-159-----68----pt. lO-21 PAGENO="0322" 4762 In order that the Committee may have the benefit of Dr. Tewksbury's complete "assessment", we are submitting a copy herewith for the Committee's file. 2. ASP as a Method of Valuation-Mr. Haines states on page 2 of his testimony that: "Mr. Simonetti, Acting Appraiser and former Chief Assistant Appraiser of Merchandise of the Customs Bureau has testified before the Tariff Commission that in fact this is so and that ASP is unfortunately more difficult to establish than, for instance, `export value' ". It is true that Mr. Simnonetti's testimony was presented before the Tariff Com- mission and the Trade Information Committee to this effect in April of 1904, but Mr. Simonetti was not a "Acting Appraiser . . . for the Customs Bureau" at the time. Mr. Simonetti had retired from the Treasury Department in 1962 and specifically stated that he was appearing before the Tariff Commission and the Trade Information Committee "on behalf of the Organic Chemicals Group of the National Council of American Importers, Inc." [the predecessor to the Organic Chemicals Group of the American Importers Associationi. Mr. flames' statement concerning Mr. Simonetti was hardly the unbiased view of a Customs official it purported to be. 3. Effect of "Separate" Package on Tariff Levels-On page 3 of Mr. Haines' testimony, he attempts to contest SOCMA's assertion that "the tariffs on com- petitive products, those we do make, would be reduced by considerably more than 50%," (SOCMA Statement, p. 41) Mr. Haines states "this is not true." However, Mr. Haines then goes on to substantiate exactly what SOOMA said, as follows: "taking only competitive products, those we do make, the ASP package will lower average duties by 6.1%. This is a long way from the `more than 50%' claimed by SOOMA." SOCMA did not contend that the ASP "sep- arate" package lowered duties by "more than 50%." It is perfectly clear from the SOCMA testimony that the ASP "separate" package resulted in a total reduc- tion in excess of 50%. (SOCMA statement, pp. 30-41.) When Mr. Haines says that the ASP package will lower average duties by 6.1%, he is referring to a reduction of 6.1% on top of the 50% reduction made in the Kennedy Round. While SOCMA does not accept Mr. Haines' 6.1% figure it certainly does sup- port SOCMA's statement that the reduction would be "more than 50%". The fact of the matter remains that as a result of the "separate" package, the total reduction on competitive products is that: "the tariffs on competitive products, those we do make, would be reduced by considerably more than 50%" and . . . "because of the failure to make the competitive-noncompetitive distinction the duty on non-competitive products, those which are not made in the United States, would actually be raised above what has already been agreed to in the Kennedy Round." (SOOMA Statement, p. 41.) As we went on to point out on the same page cited by Mr. Haines: "In other words, the Congress is actually being asked to raise the duties on those products that we do not make and at the same time asked to reduce by more than 50% the duties on the products that are made in this country. What kind of economic sense does this make ?" (SOCMA Statement, p. 41.) 4. Position Taken by Respective Parties to the Agreement Substantiates the SOUMA Position.-Mr. Haines takes the position that the "separate" package results in an increase in duties (Haines Statement, p. 3). Mr. Stobaugh and Mr. Hochsehwender who also testified on behalf of the American Importers Association took similar positions. (Stobauch Statenient, p. 8; Hochschwender Statement, pp. 4-5). If we accept this interpretation of the Organic Chemicals Group of the American Importers Association that duties are in fact being raised, it will be the first time in history that "importers" have supported a duty increase, while a "domestic industry" has opposed such a move. Why this weird turn about in the respective positions of the "importers" and the "domestic industry"? The answer is fully documented in SO~MA's testimony. (1) The "importers" will receive tariff reductions considerably in excess of 50% on the competitive products produced by the dome~tic indusrty. This will provide them with a substantial competitive advantage ~ hich will enable them to take over an increasingly larger share of the domesti~ market in the area which will hurt the domestic industry and its employees the most-namely with respect to the products already produced in the United States. (2) At the same time, the "importers" will suffer little or no harni as a result of the increase in duties on non-competitive products over the duties agreed to in the Kennedy Round. Since they have no U.S. competition on these products they can be expected to pass these duty increases on to the consumer. PAGENO="0323" 4763 The Organic Chemicals Group of the American Importers AssocIation have purposely sought to confuse duty increases on lion-competitive imports and sub- stantial duty decreases on competitive imports. While the duty increases will have little effect upon non-competitive imports, the duty cuts on competitive products will result in substantially increased imports. The attempt to imply that the duty increases on non-competitive products offset additional duty decreases on competitive products is extremely misleading. We believe the Committee would prefer to see the situation as it really is-as outlined in the SOOMA statement. 5. Economic Effects.-~Mr. Stobaugh's testimony on the effects of the adoption of the "separate" package (Stobaugh Statement, p. 7) proceeds on several false assumptions. First, Mr. Stobaugh assumes that there is no duty reduction as a result of the "separate" package. Here again he relies upon the averaging together of competitive and non-competitive products to come to this conclusion. We have already pointed out the invalidity of this approach in paragraphs 3 and 4 above. Consequently, his analysis does not show any increase in imports because he disregards the fact that substantial additional reductions in excess of ~O% would be made on the vast majority of products produced in the United Slates. Second, Mr. Stobaugh admits that his projections are based on "the assump- tion that the U.S. chemical industry will have access to petroleum raw materials at world market prices." (Stobaugh Statement, p. 3) As Mr.. Stobaugh must know, the U.S. chemical industry currently has access to less than 15% of its petroleum raw materials at world market prices. Third, Mr. Stobaugh counts on the ASP package to result in increased exports of new products and those made by continuous-process, large-scale plants. He appears to assume that the U.S. is the only country developing new products and with a sufficiently large market to support continuous-process, large-sc~1e plants. This is certainly not the case. The EEC is now one market and is certainly of sufficient size to support large-scale plants. Indeed, some of the largest chemical plants in the world are currently being built there. While the U.S. industry is proud of the new products it has developed, it certainly has no monopoly on innovation in the chemical field. 6. Monopoly~_p~j~-~ Haines and Mr. Gates for the Government, sought to imply that monopoly conditions existed with respect to large numbers of synthetic organic chemicals. In a memorandum submitted by the Government, on pages 599-GOl of the hearings, the Government lists the number of synthetic organic chemicals producteci in 1966, by product category, and by number of producing firms. The Government table shows that 83% of these individual synthetic organic chemicals are produced by three firms or less, and that 58% are produced by only one firm. The Government does state in its accompanying memorandmn that "in the aggregate such products [i.e. those produced by one firm] probably do not account for an equally large proportion of total produc- tion on sales of benzenoid chemicals." (Emphasis supplied). This is certainly an understatement. While the synthetic organic chemicals manufactured by three firms or less accounted for approximately 83% of the total number of such chemicaLs produced in the United States, these chemicals accounted for only about 25% of the total value. Value figures for those products produced by only one firm are not avail- able, however, we would estimate that it would be less than 10% of the total value. This is certainly not surprising in an industry such as the chemicals, with a wide range of small market products. It is also interesting to note that a substantial portion of the products being produced by one firm are being produced in the United States by U.S sub- sidiaries of foreign chemical producers, including members of the Organic Chemicals Group of the American Importers Association. For example, we found that in dyes, foreign producers accounted for almost 30% of the total number of dyes produced in the United States by only one firm, almost 10% of the total number of pigments produced by only one firm, and almost 12% of the total number of intermediates by only one firm. This, of course, includes only products manufactured in the lJnited States by subsidiaries of foreign chemical producers. It does not include the noncompetjth'-e im.ports brought in by these firms for which they are the only producer abroad. If these products are included, we estimate that the percentages cited above would at least be doubled. PAGENO="0324" 4764 7. Who is the Orga'nic Chemicals Group of the American Importers Associa- tiom?-Phe Organic Chemicals Group of the American Importers Association did not see fit to submit for the record a list of its member companies. However, we believe the record should reflect that its members are made up for the most part of U.S. subsidiaries of major foreign chemical producers. We believe it would be helpful that a list of the member companies of this group be submitted for the record in order that their true interests be reflected. It might go a long way toward explaining their testimony. 8. Border Taxes and Export Rebates.-The testimony in support of the "sep- arate" package agreement completely disregards the border tax-export rebate issue. Even without considering the disadvantages to United States trade of the border tax-export rebate mechanism which have been pointed out by the Presi- dent, the lack of reciprocity and adverse economic consequences of these chemical "deals" are obvious. When foreign border taxes and export rebates, and the increases therein, are taken into account, the result is disasterouS. (The following was received by the committee:) On~, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Lock Haven, Pa., June 27, 1968. HelL WILBUR D. MILLS, Chairman, House Ways and Means Committee, House of Representatives, Washington, D.C. DEAR Mx. MILLS: We, the Local 8-673 of the Oil, Chemical and Atomic Work- ers International Union (AFL-CIO) representing 260 employees at the Lock Haven, Pennsylvania plant of American Aniline Products, Inc., agree with and endorse the contents of the statement of American Aniline Products, Inc., on behalf of the Ad Hoc Committee of U.S. Dyestuff Producers to be presented to your committee in public hearings on July 1, 1968 by Mr. J. J. Marshall, President of American Aniline Products, Inc. Sincerely, AxoflIx B. Lxvi, President. LYNN RoBINSON, Vice President. FRED M. BRUNGARD, Financial Secretary. KENNETH BYCE, Secretary. CHARLES T. MITCHELL, Chief Steward. The CHAIRMAN. Mr. Baird. Mr. Baird, if you will identify your- self for the record we will be glad to recognize you. STATEMENT OF JOSEPH M. BAIRD, CHAIRMAN OF THE BOARD, BAIRD CHEMICAL INDUSTRIES Mr. BAum. Mr. Chairman, I am Joseph Baird, chairman of the board of Baird Chemical Industries. Inc., of New York City. My pur- pose in appearing before your committee in these hearings is to urge the House and the Congress (1) to reject all demands for legislation restricting imports, and (2) to enact the Administration's Trade Ex- pansion Act extension bill, including the provision calling for ces- sation of the American selling price method of customs valuation with respect to benzenoid chemicals. The CHAIRMAN. Mr. Baird, if you have to omit any parts of your statement to comply with our time situation do so with the knowl- edge that the entire statement plus the material appended will ap- pear in the record. Mr. BAIR1. Yes, Mr. Chairman. My statement is just three pages. The CHAIRMAN. All right. Go right ahead. Mr. BAum. I believe that consistently freer trade and vigorous adjustment to rising import competition and' to expanding export op- pórtunities are essential ingredients of sound economic growth, a PAGENO="0325" 4765 healthy free enterprise system, and efforts to achieve our highest ob- jectives at home and abroad. I think I can best elaborate my views on trade policy and be most useful to your committee in its study of these issues if I concentrated the balance of my testimony on the question of chemicals, ASP. Removal of the ASP trade barrier restricting imports of benzenoid chemicals is a major feature of the bill to extend the Trade Expan- sion Act. I urge the Congress to pass the administraion bill as quick- ly as possible. Action on ASP is a major feature of the effort that should be made to carry out the concessions agreed to in the Kennedy round negotiations. It is even more than that. It is also a major indi- cator of U.S. credibility when our Government, many Members of Congress, and many private interests emphasize the importance of nontariff barriers. If ASP on benzenoids is not discontinued, in ac- cordance with the arrangements agreed to at the recent negotiations, future efforts to negotiate the removal of nontariff barriers may be much more difficult than now seems likely. One of my companies is engaged in producing and importing chemi- cals. Another one has been exporting chemicals for almost 20 years. The manufacturing and importIng company has plants in Peoria, Ill., and Ossining, N.Y. During the first 6 months of this year imports amounted to less than one-third of this company's sales, but they are gradually becoming a smaller percentage of its total business. Less than 1 percent of the company's imports are covered by ASP customs regulations. Notwithstanding the company's deep interest in strengthening its international business, our most vigorous interest today is in the success of the substantial investment we have made in our own manufacturing operations. The products we produce are substantially more important to the company's profits than are the chemicals we import. Some of the items we manufacture are protected by ASP. Nevertheless, our company opposes continuation of ASP. It is possible that we may lose some business to import competition if ASP is removed. But we expect to adjust successfully. We shall strive to improve our productivity, and we expect to offset through increased exports-exports of chemicals we ourselves produce as well as those we purchase from other American manufacturers-whatever business we may lose to increased imports. We can compete in foreign markets and shall be able to do so even more successfully if continued progress is made in reducing trade barriers surrounding the many markets to which we export. The chemical industry as a whole has very convincing capabilities for adjusting to competition from any part of the globe. In my view, the industry's persistent claims of "gloom and doom" in ASP is removed, are totally out of keeping with the industry's persistent progress technologically, financially, and in overall resourcefulness. I urge the chemical industry to bring its trade policy views up to date and into line with its technical and marketing achievements and capabilities. Those who insist on high tariffs for chemicals and/or ASP escalation of official tariff rates are out of step with the realities of the industry's position and market opportunities. They overlook also the industry's huge stake in U.S. exports of end products that include chemicals. The steel industry, for example, is similarly in error when it overlooks its PAGENO="0326" 4766 huge stake in exports of machinery and other end products incorporat- ing steel. Every industry ought to raise its sights to the many dimen- sions of the Nation's stake in freer trade and take sober account of the damage that would result from new trade restrictions or from failure to maintain momentum toward freer world trade. If Members of Congress have any concern over the ability of the chemical industry to adjust successfully to removal of ASP, the most constructive step they can take is (a) to vote for implementation of the concession the United States made on this trade barrier in the recent negotiations, and (b) to ask that the Department of Commerce follow closely the effects of this action on the chemical industry and cooperate with the industry on ways to facilitate the industry's adjustment if serious difficulties are encountered. I do not expect any serious difficulties. After almost 50 years of special protection the time has come for the chemical industry to ask itself why benzenoid chemicals are so unique that the manufacturers should be favored over all other pro- ducing groups. The time has come for the industry to appreciate fully the imperatives of the national interest and the realities of its own capabilities and opportunities. I am appending to this testimony, for inclusion in the published proceedings, two recent addresses I delivered on this subject before business audiences. Thank you. (The information referred to follows:) A TRADE POLICY PREMISE FOE THE CHEMICAL INDUSTRY (By Joseph M. Baird, Chairman, Baird Chemical Industries, Inc., New York, N.Y.) Decisions, decisions! Decisions are not made in a vacuum. There has to be both short-range and long-range planning. Long-range planning particularly focuses management attention upon such vitally important questions as the future situation in the world marketplace; technology developments in the world; changes likely in our balance-of-payments; inflation at home and abroad, and many other factors. Among the other factors a.re the freedom of foreign access to the American market and, on the other side of the coin, U.S. access to foreign markets. Market access should be assessed not only in terms of existing trade barriers but also in terms of the possible trade policy posotions of the United States. Possible trade policy positions may be divided into three categories, in ascending order of merit; The first is additional import restrictions such as import quotas and other barriers to the flow of trade across our borders. Such additional barriers would most certainly invite retaliation by our trading partners, even while the Kennedy Round concessions are being implemented. The second possibility is reduced trade barriers brought about by the Kennedy Round concessions, with such reductions not complicated or com- promised by new trade restrictions. The third and the most desirable possibility is the fulfillment of the Kennedy Round agreements-this to be followed by new negotiations with the economically advanced countries of the free world in order to arrive at complete free trade. If new trade barriers are imposed or are threatened, the challenge to business ingenuity will be less than what reasonably could be expected in a climate of freer trade expectations. Anxiety `about import competition would not be as great, and the limits to which business executives would have to extend them- selves-in innovation, efficiency and sales promotion-would not be as extensive. Opportunities for export expansion would be correspondingly smaller, with simi- PAGENO="0327" 4767 lar effects on the need for businessmen to raise the sights of their export opera- tions. Uncertainty over the possibility that new trade barriers may be established may not be as harmful as the actual imposition of these barriers, but it is nevertheless less stimulating and less productive a trade policy premise than would be a coherent, dependable policy of consistently freer world trade. The least desirable of the trade policy positions-new trade restrictions, the threat of new restrictions, or a climate of uncertainty on these counts even as steps are being taken to implement the Kennedy Round agreements-most re- grettably happens to be the present state of our national trade policy. The impact this has had on business decisions cannot be described in any detail, except on a case-by-case basis, and such information is not publicly at hand. But there can be no doubt that American industry and agriculture are not being stimulated to go all out, as they would be by the very exacting forces of a genuinely open competitive market. The free enterprise system is not really being unleashed. A host of formidable industries have instead unleashed massive political pressures to get imports controlled, either through limitations on foreign ex- ports or U.S. import quotas. They are also busy as bees at many a State House seeking enactment of highly restrictive Buy American laws. These industries are plugging the wrong kind of trade policy premise into their decision-making. They and the legislators who yield to their pressures apparently do not under- stand the imperatives of business and national success in today's greatly changed world econo~my. They have apparently forgotten some of the business principles that helped build the American economy to its current preeminence in the world's economic life. If the very discouraging trade policy premises these industries prefer for themselves (which are certainly not in their enlightened self-interest) are adopted via legislation as trade policy guidelines which would affect all American producers in one way or another-directly or indirectly, both in our home market or in export markets-then the resultant problems would be added to these disastrous changes in our trade policy. The difficulties brought about by a show of protectionism would range from the extent of inflation at home to the credibility of American foreign trade, and monetary policies. Such possibilities are gruesome enough without considering the implications for our national security. Many of those who demand import controls claim that the industries involved are essential to our national security. If this is the case, and it certainly is for some of these industries, then we may indeed be afflicted with national-security weakness. However, it is a weakness we should associate, not with the rising imports about which these interests complain so loudly and loosely, but rather with the appalling shortsightedness of the executives who run these enterprises. Turning to government for help may in some cases be neces- sary to cope successfully with increasingly difficult foreign competition. But when the help sought is concentrated on government restriction of that compe- tition, we have cogent reasons to question the adequacy of those executives as custodians of production resources so essential not only to this country's economic well~being but also its security. The second trade policy premise-fulfillment of the Kennedy Round agree- ments while avoiding additional trade restrictions-ought to be the premise which every American businessman (some, of course, more enthusiastically than others) adopts as a fixed premise-one to which he must somehow adapt his tactics and strategy in a very dynamic market. At this time it ought to be the minimum as- sumption as far as established policy is concerned, and until a definitive long- range policy is formulated by the Congress. But the strong pressures for import restrictions have seriously weakened even this moderate trade policy guideline so soon after the long and laborious Kennedy `Round negotiations ended in what may fairly be called a successful and significant achievement. We still face a difficult road ahead if only to get the Kennedy Round agree- ments implemented. The chemical industry is in the front ranks of those who block the way. It ought to be in the front ranks of those who seek full implementa- tion of these agreements and, more than that, it should be urging new negotia- tions with a view to the removal of all `remaining trade barriers between the economically advanced countries. Free trade, *the completely free movement of goods and capital between the developed countries, should be the trade policy premise every American producer should today plus into his decision-making equation. He should not expect free trade in the next year or two for the products in which he is interested, but rather expect that in the course of the next decade or so, trade in the products he makes will be included in the list of items not restricted by tariffs or non-tariff barriers. This is not just a hypothetical exercise. It is the trade policy goal toward which PAGENO="0328" 4768 we have been moving for over three decades, even if not consistently, and toward which the logic of our overall national interest will direct our efforts. Because of the chemical industry's ranking on the technological totem pole of American industry, the industry should expect that free trade may come sooner for chem- icals than for many other products. One of the great strengths and, indeed, a special characteristic of the chemical industry and of the American economy in general is the ability to adjust to the challenges of change. The chemical industry has done this very well, but for some reason it puts on a public display of weakness when confronted with the prospect of new trade negotiations and with the lower tariffs and trade barrier concessions that have been negotiated. This reaction dates all the way back to the beginning of our liberal trade policy more than three decades ago. It is an industry position that grows increasingly strange with the passage of time. In the industry one can find executives who privately understand and endorse a national policy of freer trade and the need for the chemical industry to adjust to the reduction of trade barriers. They have confidence in the industry's ability to adjust to, and benefit from, free trade whenever it comes. But the industry as a whole and practically all chemical executives in their public positions have not brought their trade policy views up-to-date and into step with the industry's impressive strides in technology, economies of scale, and all-round resourceful- ness. The chemical industry as a whole strongly resists the recently negotiated elimination of the anachronistic "American selling price" method of customs valuation on imports of many benzenoid chemicals. This is a special and indeed unique import barrier that was established back in 1922. As the modern chemical industry grew by leaps and bounds, chemical executives in companies enjoying ASP protection should have assumed that this trade barrier would some day be withdrawn. Such an assumption should have taken increasingly deeper root when the trade agreements program became well-established national policy and particularly as the program gained momentum after World War II. Such an assumption should have been a major part of the trade policy premise benzenoid chemical producers plugged into their decision-making. The negotiated elimination of ASP as part of a trade agreement in the national interest now confronts some producers with the imnniediate need to adjust to a contingency they should long ago have expected and planned for. If those who oppose the removal of ASP say they have not been making an effort to adjust to such a contingency, they expose themselves to strong criticism for serious negligence. If they claim they have been making such an effort but are not yet ready for such a change in U.S. import policy, they invite amazement that their companies' or divisions' technical and market strength lags so far behind the rest of the industry's dramatic performance. As we all know U.S. tariffs have been coming down rather dramatically. As measured by the ratio of duties collected t.o the overall value of dutiable im- ports, the average U.S. tariff on dutiable goods dropped from 46.7% in 1934 to 12% in 1961-a little less than 75%. And with duties at the low point our imports of chemicals totalled only $1,090 million in 1967 as compared to exports of ~3,209 million. As tariffs have come down some chemical producers have claimed that they were being hurt. It is said by some economists that a tariff reduction does little good until it hurts. Let me illustrate this point: Let us suppose that a not-too-important to our national security chemical is selling in Europe, and exportOd, for $1.00 a pound, but because of a $0.30 a pound tariff in the U.S. lit sells here for $1.30. Now, let us conceive a gradual reduction of this 30% tariff. The price of the chemical in the U.S. goes down from $1.30 to $1.25 to $1.20 to $1.15. All through this whole process let us assume American production does not decline. American producers might be hurt in the sense that they would make less profits but they do not lay off workers and they do not go out of business. In this sense the American producers are not hui~t. Now, let us try to analyze what really has happened as the price came down. American producers keep producing just as much, but they get less for it. Meanwhile the Ameril~an consuming industries are paying less for it. So, the loss of the producers in m~king less profit is balanced by the gain of the American consumers in getting the chemical cheaper. There is no significant gain for the American economy up to this point, so now let us mark the price down below $1.15. Let us assume that the tariff is eliminated and the price PAGENO="0329" 4769 goes down to $1.00. At this level producers are driven out of butinets. Their g~tJting driven out of business means that, perhaps with government assistance, they use their capital elsewhere and their workers, perhaps with government help also, are retrained and find other employment-both of which are better than continuing to produce and sell at the unarceptance of perhaps unprofitable price of $1.00. So the alternative uses of whatever goes to make the chemical in America are worth at least $1.15 but when the tariff is eliminated, the consumers m~ake a gain beckuse they can buy the foreign product at $1.00- when these same consumers used to pay $1.15 for the chemical and the producers used to gei $1.15. Now, the producers are getting $1.15, or perhaps more, for something else, while the consumers are getting the chemical for $1.00. There is a clear gain of that whole difference betrween the pOint where the producers are pushed into making another chemical or into some other activity and the price at which the chemical can be imported. This is where the real gain for American living standards is. This is the way reduced tariffs increase world trade. This is the way free trade promotOs the effective use of the world's resources and technology and provides a link between nutions based on enhanced well being. This is the way we are able to produce those products we are in a position to mlake cheaply in order to trade for raw materials we lack and for those goods we are not adept at producing cheaply. This way provides an increase in the flow of goods for American consumers. In this way, as our trade frees up, our industries are stimulated by increased opportunities. The results are bringing a dynamic new era of growth for the U.S. and, directly and indire~tly, the chemical industry. This is the way the American economy and Ameri~an living standards would profit further from the elimination of ASP and free trade. As a trade policy premise for the chemical industry, elimination of ASP is long overdue. More than that, this contingency ha~ now been ovei~taken by the need for a premise even more far-reaching-the expectation of free trade. It has become timely and practical. Those chemical executives who, upon sober and well-researched assessment, feel they will not be able to cope successfully with the consequences of such a national policy and will need government help, should call on government, not to restrict import competition, but to help them adjust to that competition. Government, in turn, should keep itself well Informed on the progress of all segments of the chemical industry and on any serious problems that may arise. If government help becomes necessary for individual companies and Its workers, it should be through an adjustment assistance program. In this connection, the adjustment assistance criteria of the Trade Expansion Act should be made realistic and administratively practicaL Such assistance should be related to the special problems of the particular producers and their employees. If the problem encountered Is industry-wide, government help should take the form of a chemicals trade policy that emphasizes domestic remedies-not quotas or other barriers. Import control measures may be considered only in an emergency and then a very temporary adjunct of a domestic remedy. The special Import controls the Government has provided for the chemical Industry for nearly hal! a century have never been part of a clearly enunciated chemicals policy. Our national trade policy should serve the total national interest. The total national interest must include a strong chemical Industry. The trade policy premise of complete free trade which I urgently commend to the chemical industry is the one best calculated to give new strength and opportunities not only to the chemical industry but to the nation at large. We should recognize its inevita- bility and plan accordingly. TEXT OF SPEECH DELIVERED BY JOSEPH M. BAIRD, CHAIRMAN OF THE BOARD, BAIRD CHEMICAL INDUSTRIES, Iwo. Forty-five years ago Congress gave the benzenoid chemical industry the most protection against import competition any American industry had ever received. It has rejected specific legislation of this type for any other industry fearful of rising imports. By legislating the ASP method of customs valuation for benzenoid imports, Congress in effect delegated an Important degree of tariff setting to the benzenoid producers themselve& It left to them (any one of them) the basic role of determining the "American selling price" of a competing domestic product and, by the same token, left it to the domestic producers to decide when to announce for customs purposes that a competing U.S. product was on the PAGENO="0330" 4770 market, regardless of whether the particular product at that stage needed special protection against foreign competition. Applying the ASP device to the official ad valorem tariffs escalated those duties to substantally higher levels of protection than the nominal tariffs provided, sometimes double the regular tariff and even more. This special protection, highly controversial even in 1922 when the high-tariff Fordney-McOumber Act was enacted and the need to develop a strong coal tar chemical industry was clear to all who had gone `through the experience of World War I, has been maintained intact while the American chemical industry, including its synthetic-organic sector, has become the strongest in the world. ASP protection has also remained intact notwithstanding U.S. policy of the `last 33 years to' reduce trade barriers in the nation's best interests. It was logical and appropriate to deal with this trade barrier in the recently concluded Kennedy Round of trade negotiations, and to negotiate its elimination as part of a reciprocal package. It is' logical and appropriate to expect the chemi- cal industry by this time to know its own strength and how best to adjust to the withdrawal of this extraordinary trade restriction. However, in the light of the chemical industry's position on trade policy throughout the trade agreements program of the past 33 years (the industry's persistent forecasts of injury, even doom),' it unfortunately comes as no surprise that the industry's trade associa- tions and most of its producers object-at least publicly-to the tariff cuts of the Kennedy Round and to the special package in which the elimination of ASP as a protective device was negotiated. In view of what is crystal clear about the industry's strength and the nation's trade-policy imperatives, compared with the narrow view our industry has taken of both itself and the national interest, it is logical and appropriate to question the judgment of those in the chemical industry who still oppose ASP elimination and who are exerting strong pressures on Congress to reject the Administration proposal. The Administration is seeking the Congressional im- plementation of the special package of concessions in which ASP would be discontinued in exchange for additional concessions by European countries in chemical tariffs and in non-tariff barriers' on automobiles and'tobacco. This opposition brings discredit on the chemical industry and, if successful, it will bring even more serious discredit on the United States and the credibility of our announced belief in freer world commerce. An industry that genuinely believes in the free enterprise system, in the need for freer and expanding trade `in the nation's most enlightened self-interest, and in the importance of a strong, resilient, and expanding natio'nal economy-such an `industry would have been making a determined effort, at least since World War II, to prepare itself for the time when, as part of a negotiated arrangement, ASP would be discontinued. If those who have been opposing ASP elimination say they have not been making such an effort, they invite serious criticism for most regrettable negligence. If they claim that in any event the industry is not ready for such a change in U.S. import policy, they invite amazement that their views on trade policy and their assessment' on the industry's technical, financial, and market strength has lagged so far and for so long behind the dramatic advance the industry has made in actual performance. In addition to its well-developed economic and technica'l strength, the chemi- cal industry has many advantages over its foreign competition. For example, it has on its doorstep the largest free-trade domestic' market anywhere in the world, featuring enormous opportunities for economies ,of scale. Close ties be- tween producer and consumer, in matters such as technical services, significantly enhance the strength of U.S. chemical producers in their home market. Lower U.S. tariffs will certainly improve the competitive position of foreign exporters to the United States. But reductions of foreign tariffs will in turn `help open new market possibilities for U.S. chemical producers and, incidentally, for other American industries that are directly or indirectly consumers of the products of the U.S. chemical industry. U.S. refusal to eliminate ASP would not only do away with the concessions which other countries are ready to make in exchange; it would also impair for some time to come the effectiveness of the efforts the United States must continuo to make to induce foreign governments to reduce their import restrictions and certainly abstain from new ones. SOOMA and others ,who object to A'SP elimi- nation sometimes point to foreign non-tariff barriers that will continue to block U.S. exports of chemicals, thus offsetting whatever tariff cuts are made in any of the Kennedy Round arrangements. This concern is justifiable. Retaining ASP, how ever is not in whole or in part a )ustifiable response to such problem'~ PAGENO="0331" 4771 Retaining ASP, with all that it has come to symbolize about U.S. pOlicy, wOuld be certain to inspire foreign recourse to protectionism. It would certainly deprive the United States of leverage with which to discourage such measures abroad and to persuade those governments to devote their trade policy ingenuity to further liberalization. Those in the chemical industry who today oppose elimination of ASP also need to be reminded that discontinuing ASP means only discontinuing a practice of customs valuation sharply at odds with U.S. trade policy principles and those of the world trade community as reflected in `the General Agreement on Tariffs and Trade. U.S. tariffs on the affected products will `be converted to tariffs generally reflecting ASP levels of protection. The converted tariffs will then be cut to levels not in excess of 20 percent ad valorem in most cases; the major exceptions will include 30 percent for dyes, pigments and azoics, and 25 percent for certain sulfa drugs. After more than three decades of a freer-trade policy. such tariff levels set `by a trade agreement which the Administration has called "the most comprehensive assault on barriers to international `trade that has ever taken place" remain high, especially for an industry as formidable as the chemical industry. If a thorough and comprehensive re-assessment of the' ASP issue, taking account of `all the factors mentioned above (as a minimum), leaves some chemical executives still burdened with worry over the effects of ASP elimination on `their companies and the industry, it seems to me that `their energies with respect to thi's issue should be `directed, not at opposing the elimination of ASP, but at (1) gearing their overall operations to ensuring a successful adjustment to this contingency, and (2) urging our government (a) to remove such barriers as may tend to impair such an adjustment (for example, phase out import restrictions on oil and other raw materials), and (b) to keep under continuing review the effects of ASP elimination, standing ready to discuss with industry executives and associations ways and means of facilitating the adjustment. In this connection, the industry should support ,the Administration's effort to get `the adjustment assistance criteri'a of the Trade Expansion Act liberalized. The problem,s of adjustment and especially the things that have to be done to facilitate adjustment are conspiciously lacking in the industry's statements and protestations on ASP. The time has come to countenance the removal' of this trade `barrier abomination-_in the interests of U.S. consumers, U.S. trade policy goals, the national security stake in a strong economy, and of the chemi- cal industry itself. In adapting itself to this historic change, the chemical in- dustry will be doing things that build new strength for itself and the nation as a whole. The ChAIRMAN. The entire material will be made a part of the record, Mr. Baird. Any questions of Mr. Baird? Mr. Cuwris. Just briefly. The CHAIRMAN. Mr. Curtis. Mr. CURTIs. Your company isn't one of these big four that they are talking about)? Mr. BAn~D. No, sir. Mr. CURTIS. About how many employees do you have Mr. BAIRD. Seventy-five. Mr. CURTIS. Thank you. The CHAIRMAN. Any further questions? Again we thank you, Mr. Baird. Mr. BAIRD. Thank you. (The following letters and statements were received, for the record, by the committee:) DEPARTMENT OF STATE, Washington, D.C., July 2, 1968. HON. WILBUR D. Mius, Chairman, Committee on Ways and Means, House of Representativ~g, Washington, D.C. DEAR Mn. CHAIRMAN: The Department of State has received from the Embassy of Switzerland a statement of the views of the Swiss Union of Commerce and PAGENO="0332" 4772 Industry. The Embassy has requested that the statement be transmitted to the Committee on Ways and Means for its consideration for possible inclusion in the record of the current hearings on tariff and trade proposals. In forwarding the statement, the Embassy of Switzerland said that this transmittal did not imply an official position of the Embassy and it was not responsible for the con- tents of the statement. I am pleased to forward three copies of the enclosed statement for your consideration. Sincerely yours, WILLIAM B. MACOMBER, Jr., Assistant Secretary for Congressianal Relations. Enclosure: STATEMENT OF MICHAEL P. DANIELS, COUNSEL, Swiss UNION OF COMMERCE AND INDUSTRY, ZURICH, SWITZERLAND This statement is filed on behalf of the Swiss Union of Commerce and In- dustry, the principal association of business in Switzerland. This statement is particularly concerned with the abolition of American Selling Price valuation on benzenoid chemicals as provided for in a protocol negotiated in Geneva in 1967 which would be implemented by the Administration Trade Bill, H.R. 17551. The importance of the ASP issue In this crucial period in the world economy, the American Selling Price issue has taken on a significance beyond the immediate economic interests involved. It has become the focus of attention for the entire field of non-tariff barriers to international trade and in a very real sense is the gateway to further mean- ingful negotiations in the non-tariff area. Successive rounds of tariff negotiation since the end of World War II have significantly reduced tariff barriers to international trade. The world trading community is now faced with the difficult problems presented by non-tariff bar- riers which are of a greater importance as impediments to a free exchange of goods. The United States, as the world's largest exporting nation, has an important stake in the elimination of such non-tariff barriers to trade. The problem facing the United States and its trading partners is the process and the institutions through which such barriers may be removed. In difficult negotiations, with the success of the entire Kennedy Round at stake, the United States agreed to the abolition of American Selling Price, a notorious non-tariff barrier, in exchange for reciprocal concessions by other nations. It is clear that without abolition of American Selling Price a bargain in the chemical sector would have been impossible and without chemicals the entire negotiation on industrial products in the Kennedy Round undoubtedly would not have been consummated. It is a testiment to the good faith and earnestness not only of the United States negotiators, but those of other countries as well, that the difficulties which stood in the way of an ASP negotiation were overcome and an acceptable bargain was struck. The essential feature of the United States position was that any agreement was subject to ratification by the United States Congress, since there was no prior authorization for abolition through negotiation. The United States insisted upon, and finally won at the 11th hour, the agreement of its trading partners to this principle, and the ASP package so negotiated is now before the United States Congress for ratification. Given the nature of the important remaining non-tariff barriers to trade, in- volving as they do fiscal policy, health, safety, consumer protection, the national security and business organization, it appears that future negotiation on non- tariff barriers by the United States will most probably be on an ad referendum basis. Legislative bodies are not, by their nature, able to negotiate. The problem for the United States, therefore, if it is interested in the elimination of other non-tariff barriers to trade, is to demonstrate that its negotiators, although not armed with prior authority to negotiate on specifics, nonetheless can return to the Congress of the United States and achieve ratification of fair bargains arrived at through negotiation. This is not to say that it is incumbent upon the Congress to swallow whatever its negotiators bring back for ratification. It does imply, however, an obligation to accept fair bargains and to appreciate that in the negotiating process there must be give and take. PAGENO="0333" 4773 The ASP package negotiated at Geneva clearly meets the standards for accept- ance. It was a fully reciprocal bargain with a balance of concessions. The recipro- cal nature of the ASP package will be described below. Failure of ratification would indicate to our trading partners a serious dis- ability on the part of the United States to enter into such negotiations and would impede progress in the elimination of other non-tariff barriers to trade. Any future negotiation, furthermore, would again run into the ASP barrier, accentuated by failure of ratification of the Geneva protocol. Thus efforts to eliminate foreign non-tariff barriers to the products of American farms and fac- tories would be frustrated if ASP is not abolished. These remarks are not intended to suggest that Congress is under constraint to accept the ASP package if it is not satisfied that it is a fair and reciprocal deal. It is, on the other hand, a realistic appraisal of the consequences should the ASP package be rejected. It is inconceivable that serious negotiation on problems of vital importance to United States agricultural and industrial exports could materialize should ASP not be abolished. We suggest that these conse- quences be kept in mind as Congress proceeds to deliberate ASP. AA~P is an objectionable non-tariff barrier to trade The peripheral issues raised by those opposed to the abolition of American Selling Price should not be allowed to obscure the central issue: ASP is un indeferisable barrier to international trade and inconsistent with internationally accepted standards of valuation. It would be illegal for the United States to maintain this system under the GATT were it not for a waiver allowing practices existing prior to the GATT. ASP is an anomaly in American valuation law and contrary to the policy of the Congress expressed in reforms of the Customs laws over the last two decades which were designed to achieve simplicity, ease of administration and certainty of application. The intricacies of the ASP system of valuation should also not be allowed to obscure the extraordinarily high rates of duty resulting from application of this system of valuation. The nominal rates in the benzenoid sector are high in com- parison to rates of duty on other manufactures. Astronomical heights result from the application of these nominal rates on the basis of American Selling Price vaiuation. The Tariff Commission found that duties under ASP range as high as 172 percent. Even this figure understates the true heights of duty which are in- volved since the 172 percent rate is an average rate for 11 dyes, some of which are as high as 300 percent. Furthermore, there is no question but that ASP in some instances could reach even higher rates of duty not revealed by the Tariff Commission study since such rates are completely prohibitive of any trade. An examination of the legislative history clearly reveals that one purpose of the sponsors of this system in 122 was to obscure the high rates of duty involved, to make them more palatable to the public and Congressional conscience. What makes ASP a non-tariff barrier (as distinguished from the very high tariff achieved under the system) are the uncertainties involved in arriving at a rate under the system and the fact that such rates are subject to manipula- tion by the American producer of competitive benzenoid chemicals. The essence of the ASP system is that the valuation basis to which ad valorum rates are applied is not the transaction price of the imported chemical (as in the case of normal valuation) but rather the price at which an American producer is willing to sell a competitive product in the American market. The uncertainties for the importer or foreign exporter are: 1. whether a competitive product is being offered by an American producer, and 2. the price at which such product is being offered. In actual practice a foreign manufacturer or American importer may not know for months after a trans- action has been contracted whether or not American selling price will be applied and the level of duty. This uncertainty inhibits commercial transactions which require a measure of securtiy and certainty in order to be consummated. The oportunities for manipulation~re manifest. There are innumerable actual examples of such manipulation. The offer to sell may not be bona fide and the price at which such offer is made may be fictitious. Out of the thousands and thousands of benzenoid chemicals potentially covered by the American selling price system, a very large proportion are items produced by only one company, giving the American manufacturer tremendous leeway in setting his offered price and therefore controlling the duty of imported competitive products. PAGENO="0334" 4774 *The difficulties in ascertaining competitiveness and the American selling price by Customs is a time-consuming, complicated and uncertain procedure. Indeed, the Customs in 1951 proposed, in the interest of a more efficient administration of the Customs, that American Selling Price be abolished. In view of these features of American Selling Price, it is small wonder that foreign nations have strongly objected to its continuation and were willing to pay handsomely in concessions for its elimination. The Kennedy Round and ASP packages were fully reciprocal The opponents of abolition of ASP have attempted to create the illusion that the Kennedy Round negotiation on chemicals and the ASP package are not reciprocal by what amounts upon analysis to little more than a slogan-"the 50-20 Deal." In the Kennedy Round package the United States agreed to reduc- tions in its duties on chemicals of 43 percent compared to a reduction by our trading partners of 26 percent. What makes this reciprocal are three important considerations: 1. Trade Uoverage.-The United States reduction in the Kennedy Round pack- age of 43 percent was on $440 million of imports (CIF basis) and $350 million on imports from parties to the ASP protocol. The 26 percent reduction given by others to the United States was on $890 million of United States exports. On a weighted basis the United States' offer was equivalent to $288 million while the offer of other countries was $463 million. This is not an academic exercise in arithmetic but is the accepted method of evaluating reciprocity and the only practical way in which negotiations can proceed. 2. The United States Retained American Selling Price Valuation.-This reten- tion was of considerable value to the United States and in the view of our foreign suppliers made the duty reductions by the United States in the Kennedy Round of limited value. A measure of the importance of the retention of ASP is the fact that our trading partners were willing to pay for the elimination of ASP (plus another 5 percent reduction in United States duties) by further reductions in their duties of 30 percent and the elimination of non-tariff barriers of their own. 3. There i~ a Significant Disparity Between United States Rates and Those of Our Trading Partners.-The reductions in the Kennedy Round still left United States duties on chemicals at an extremely high level compared to those of our trading partners. The ASP package was certainly reciprocal. In exchange for a further reduc- tion in duties by the United States of 5 percent, and elimination of ASP, our trading partners further reduced their duties by 30 percent and paid with additional non-tariff barrier concessions. Furthermore, the effect of the flat rate of 30 percent on dyes may leave the actual average of United States duties unchanged from the first to the second package or even result in a slight increase in United States average duty levels from the first to the second package. Taken together, both the Kennedy Round package and the ASP package will result in practically the same depth of cut by the United States and its trading partners, with the United States making its cuts on a lesser volume of trade, and with the United States duties still significantly above those of our trading partners. Dyes are an important example. While the United States will maintain a fiat rate of 30 percent on dyes the United Kingdom tariff will be 15 percent, the EEC rate will be 10 percent, and the Swiss rate will be 0.7 percent. Looking at depth of cut, for competitive dyes the United States reductions were 70 percent (TSUS 400.50) and 57 percent (406.10) compared to a reduction by the United* Kingdom on competitive dyes of 55 percent, and a reduction of 66% percent for France and a 60 percent reduction on Swiss duties on imported dyes. Thus, in the dye field the United States made cuts of about the same magnitude on competitive dyes as our trading partners and the United States is left with duty rates considerably above those of the other principal countries. The true measure of reciprocity is the trade which will result from duty reductions. It is impossible to accurately ascertain the tariff elasticity involved in the chemical field, comprising, as it does, thousands of items. It stands to reason, however, that the United States, with a larger base of exports, stands to benefit materially from the reductions to extremely low levels of the import duties of our trading partners, most of which will he below 121/~ percent. The maintenance of higher levels of duties by the United States on a lower base of trade should not engender an increase in imports more than the gain in export trade. PAGENO="0335" 4775 Economic effect The statement of the Special Representative for Trade Negotiations dealt at some length with the economic impact of the duty reductions on the United States chemical industry, and no purpose would be served by extensive repetition of that data in this statement. In summary, measured by every indicator, the chemical industry, including the benzenoid sector, has demonstrated remarkable growth and has outperformed the economy as a whole. It has demonstrated strength in international competition and will certainly be able to withstand import competition and benefit by the expanded trade opportunities created by the ASP package. We have charted some of the significant statistics contained in the statement of the Special Representative which graphically demonstrate these points. FIGURE I shows United States shipments and imports for the chemical and allied products industries as a whole. Whereas United States shipments in- creased by over $10 billion from 1902 through 1967, total imports grew by less than $200 million. The overall ratio of imports to consumption in 1967 was at a niodest 2.5 percent. This, however, includes duty-free imports which are presum- ably not competitive with United States production. The ratio of dutiable im- I)Orts to consumption in 1967 was only 1.4 percent. (See Table 1, STR Statement.) The benzenoid sector is shown separately on FIGURE II. (See Table 2, STR Statement.) United States shipments of benzenoid chemicals grew from $2.6 billion in 1962 to $3.8 billion in 1966, an increase of $1.2 billion. On the other hand, total imports grew from $39 million to $88 million, an increase of only ~49 million. Imports as a ratio to consumption in 1966 was at 2.7 percent for total benzenoid imports but only 1.4 percent for competitive imports. FIGURE III measures the international competitive strength of the overall chemical industry by comparing United States imports and exports. (See Table 1, STR Statement.) Total exports increased by about one billion dollars from 1902. Total imports, on the other hand, increased by only about $200 million over the same period. A significant portion of the imports were duty-free im- ports. Thus, in 1907 the total export balance in the United States favor in the chemical sector was $1.8 billion. Measuring the difference between dutiable imports and total exports the balance in the United States favor was over $2 billion. The trade balance in benzenoi*d chemicals is shown on Figure IV (See Table 2, STR Statement.) Here exports grew by $130 million from 1964 to 1966 whereas total imports grew by only $39 million over the same years and competitive imports grew by $23 million. The trade balance in favor of the United States in 1966 in benzenoid chemicals was almost half a billion dollars. Certainly these figures demonstrate a strong export industry well able to compete with imports. Starting with the high and growing base of exports the duty reductions in the Kennedy Round should contribute materially to an increasing level of exports. There are a number of arguments which have been raised concerning the impact of imports which in our view are calculated to obscure the true picture. It has been attempted to portray this industry as one of small, vulnerable enterprises. Nothing could be further from the truth. The chemical industry and the benzenoid sector are dominated by large, diversified and strong chem- ical companies, well able to withstand import competition. There are some smaller enterprises in this industry. Undoubtedly a few of these companies will find it more difficult to compete with the reductions in duty contained in the ASP and Kennedy Round packages. It is no part of national policy, however, to protect a few inefficient units of production at the expense of the overall position of the industry. After 46 years of extraordinary protection it is no wonder that there are inefficient, marginal companies operat- ing under the ASP umbrella. Not all of the smaller units, however, will find it difficult to compete. Many of these companies are, in effect, part of larger enterprises either formally or in a less formal subcontracting relationship. Since these companies do not generally provide the extensive services required of the larger companies and do not have the overhead of large research and development costs, they are in many cases low-cost producers better able to compete in certain specialty items than the larger companies. The border tax issue Since SOCMA has made such a point of the European border tax, particu- larly the change in system, this statement would not be complete without refer- ence to that problem. PAGENO="0336" 4776 We wish to emphasize, however, that in our view this issue has been brought into the ASP question as a diversionary tactic, to draw attention away from the two essential matters involved in ASP: 1. ASP is an indefensible non-tariff barrier to international trade; and 2. The agreements reached at Geneva are fair and reciprocal. The Ways and Means Committee is certainly expert in the analysis of tax matters and their economic effect. We do not believe that the members of the Committee will be misled by misrepresentations as to the nature and effect of the border tax and its relationship to the ASP issue. The essential feature left out of the SOCMA analysis is that the German manufacturer must bear the tax as well as the United States exporter, which places both the German manu- facturer and the American exporter under the same burden in the German market. The change in the level of the tax from 4 percent to 10 percent was a change which equally affected the American exporter and the German manu- facturer. Thus, the argument that Germany has taken away with one hand what it has granted with the other simply will not withstand objective analysis. There is an inherent disadvantage in both the previous and present tax sys- teins in Germany and the EEC to countries like the United States and Switzer- land who have a lower proportion of indirect taxes. The change from 4 percent to 10 percent, however, has not materially affected this disadvantage. The difficulties are in the different systems of taxation and the GATT rules allow- ing adjustments at the border for internal taxes. A change in the GATT rules is currently under discussion in Geneva. This issue, however, is clearly distinct from the negotiations on chemicals and the ASP package. All non-tariff barriers and all outstanding trade problems cannot be solved at once. Negotiation on ASP has produced fruitful results but there are certainly other problems remaining in world trade which must be at- tacked separately. Foreign chemical exporters to the United States are clearly disadvantaged by the final list and perhaps could have insisted upon elimina- tion of the final list in negotiations with the United States on chemicals. It was clearly recognized, however, that this was a separate problem which must await another day for solution. The presentation of SOCMA on border taxes can best be viewed as a diverting tactic, and we trust that the Committee's attention will no be deflected from the specific problem before it. The Special Representative for Trade Negotiations in his testimony before this Committee has indicated the seriousness with which the United States views the border tax problem and the efforts which are being made to eliminate the disadvantage to the United States as called for by the President in his message of January of this year. We respectfully suggest that more could be accomplished in eliminating any disadvantage to the United States inherent in the border tax system by proceeding to ratify the ASP protocol, thus opening the door to negotiations on other non-tariff barriers. Why the chemical companies object to the elimination of A~8P In view of the economic evidence and the material benefits which should flow to the American industry it is worth asking why the chemical companies are opposed to the ASP package. The obvious reason is that a large measure of unjustified protection will be lost and no industry wishes to give up protec- tion. In view of the policy of the United States to gradually reduce barriers to trade a relevant question is why the chemical industry, one of the strongest in our economy, should be an exception to this policy. Perhaps one key to the position of the chemical companies may be found in their desire to substitute investment abroad for export sales. Since 1957 the chemical and allied products industry has invested $7.3 billion in plantand equip- ment abroad. This investment has been at an accelerating pace, from $234 million in 1957 to $308 million in 1962, $1,045 million in 1966 and an estimated $1,472 million in 1968. Investments of this industry will constitute, in 1968, 28.4 percent of all investments abroad by all United States manufacturing companies. (See Table 12, STR Statement.) These investments have produced sales by American- owned enterprises abroad of $9 billion in 1967 rising from about $2'/2 billion in 1957. (See Table 14, STR Statement.) Figure V (Based on Table 14, STR Statement) compares sales by United States plants abroad and exports from the United States by the chemical and allied products industry. Although United States exports increased by $1.4 billion from 1957 to 1967, sales by United States plants abroad increased by about $6.5 billion over the same period. PAGENO="0337" 4777 We certainly believe in the free movement of capital. It is also clear that tariffs are not the only consideration in a decision to invest abroad. Furthermore, we do not mean to suggest that all of the $9 billion of sales by Unted States plants abroad substitute for potential exports. Nonetheless, the data makes clear that a very significant amount of potential exports has been lost to the United States by the investment policies of our chemical companies. Thus, the inducement to increase exports contained in the ASP package may not be of interest to American chemical companies because of their investment policies. They may very well wish a protected market in the United States and a protected market in Europe for their plants there to maximize their profit posi- tion in each market. Regardless of the position of the chemical companies, this is certainly not in the interest of the United States. There is a five-fold loss involved: 1. The foreign exchange involved in the foreign investment is lost. 2. The foreign exchange earnings from potential exports are lost. 3. Employment in the United States is lost. 4. Sales of resources and materials to the chemical industry are lost to United States producers. 5. Competitive prices and other benefits to American consumers and the econ- omy are lost. Certainly the United States should do nothing to artificially stimulate invest- ment abroad. It is suggested that ratification of the ASP package will remove one such arificial stimulant to investment and will provide instead a stimulant to exports which will be in the best interest of the United States. Uonclusjo~, We invite the Congress to fully consider the economic issues involved and the implications of its action for the future of the American economy and of the world economy. We wish to suggest that abolition of ASP is the gateway to further progress in removing impediments to United States exports and that such ratification will be advantageous not only to the economy as a whole but to the chemical sector as well. We are convinced that a complete examination of the relevant facts will substantiate our contention that the ASP negotiation was fair and reciprocal and should be ratified by the United States Congress. F1GUR~I CHEMICAL and ALLIED PRODUCTS- U.S. Shipments and Imports, 1~G2-I967 BiIIio~~ of Dollars 95-l59----6S----pt. 1O-22 PAGENO="0338" 4778 FIGURE It BENZENO) D CHEMICALS- U.S. Shipments cind Total Imports, (962-966 MillionS oF Dollars 4~ 000 FIGURE ]3I CHEMiCALS and ALLIED PRODUCTS- U.S. Exports and Imports, 1962-1967 Millions of Dollars PAGENO="0339" .4779 BENZENOI D CHEMICALS- U.S. Exports and Imports1 1962-1966 Millions oF Dollars 600 ::~_ ~~PORT5 300 200 100 -~ TOTAL IMPORTS I . C0MPETITIV~ FIGURE ~ CHEMICALS and ALLiED PRODUCTS: Sales by American-owned Enterprises Abroad and Exports from the U. 3.- 1957- I9~7 (F1gu~ for I958~ I%o and l%~ not available and not plotted) Billions oF Dollars FIGURE N l~GZ `63 4. `65 `66 PAGENO="0340" 4780 STATEMENT OF LEON W. GERST, PRESIDENT, TENNECO COLORS DIVISION, TENNECO CHEMICALS, INC. Mr. Chairman and members of the Committee on Ways and Means, my name is Leon W. Gerst. I am the president of Tenneco Colors Division, Tenneco Chem- icals, Inc., Reading, Pa. We manufacture dyestuffs, dye intermediates, and pig- ments in plants which are located in different sections of our country, i.e., Read- ing, Pa.; Belleville, N.J.; Paterson, N.J.; Beaufort, S.C.; and Evanston, Ill. We maintain technical laboratories in each of those locations, as well as in Char- lotte, N.C. We also maintain many points of distribution throughout the country. We have approximately 500 employees, our payroll runs approximately $3 million per year. I appear here today to present some hard, down-to-earth business facts which I hope will bring to your attention certain serious flaws in the proposed House bill 17551 (Trade Expansion Act, 1968). This bill contains the proposal to re- move the American selling price, more commonly known as ASP, as a system of tariff valuations. The first business fact you should know, is that our company is one of the major producers of AZO-type dyes in the United States. These are extremely competitive products. Most dyes which we make and sell in the United States for $1,00 base value can be purchased from foreign producers for export to the United States for approximately 40~. (We have documented evidence of this.) The second business fact is that the abolition of ASP, as provided for in title IV of this bill, will, in effect, reduce tariffs 70%, not 50%. This, therefore, ex- ceeds the maximum 50% tariff reduction limits set in the original Trade Expan- sion Act. I will illustrate these two simple arithmetical facts in the following Exhibit No. 1, to which I draw your attention. Please note line 1 of this exhibit shows the comparable foreign base price on our dyes to be 40~. Line 3 shows our American selling price base as $1.00 per pound, with an original 4Oçb duty reduced by 1972 to 20~. Line 4 shows that by enactment of the proposal before you this 40~b duty would be reduced to 12~. Line 5 shows the ability of the foreign producer to currently sell a dye in he U.S. at 95~ per pound. Because of the Kennedy Round, by 1972 he will be able to sell it at 75~ per pound. If you enact title IV of his bill, be will be able to sell it for 67ç~ per pound. Line 6 shows that the Kennedy Round has reduced these tariffs by the maxi- mum of 50%, and title IV of the bill will reduce it additionally to 70%. The third business fact is, that while asp is applied to all benzenoid chemi- cals, the hard core of the asp question is the dyestuff industry, dyes are made by a single batch technology and their problems are different from other ben- zenoids. The fact is that the tariffs on other commodities were lower than dye- stuff tariffs to start with. For example, if you compare a commodity that pre- viously carried an 8% tariff, by cutting it in half, you have only reduced it to 4%. Conversely, dyestuffs had a 40% tariff, and by cutting that tariff by half, you have reduced it to 20%. You should know that no other major sector of American industry has been made to carry so heavy a burden as the dyestuffs industry. Now this bill seeks to remove the asp entirely. This may well turn out to be the final straw that will break the back of this American industry. Let us go farther and examine what the economic significance is of this reduc- tions already sustained. It means that if we use $1.00 base sales value for com- parison in both commodities, we find that in order to complete, the low tariff producer may now have to sell its product 4~ cheaper on the dollar, but the dyestuff producer will now have to find a way to sell his product 20~ cheaper on the dollar, a big difference indeed! Let us proceed further with this single thought. Since the 50% tariff reduc- tion will actually become a 20% price reduction, in order to meet foreign com- petition, then this reduction actually can convert to a major profit reduction of serious consequences. Fourth business fact: I submit that there may not be a single American dye- stuff producer who is currently operating on a net profit to .sales of 20%. On the contrary, estimates have placed the net profit to sales dollar closer to 4% to 10%. I feel certain the Department of Commerce, or the Internal Revenue Service could confirm this economic fact to the House Ways and Means Committee. PAGENO="0341" 4781 EXHIBIT #1 CONDITION ~ T~~DITI0N #2 - @) ~: -`4 e RESULTS OF KENNEDY R1~~_~ (TRADE EXPANSION ACT B C~ ~D I E~_ A11ERTC~ - N T~NTION OF SELLING R1C'S~Lk~.LCL PRICE ~ 1972~ 1967 J.9~68_ H. R. 17551 .(O~SAL ~F NOF~ AMERICAN SELLING PRICE 1q73 1 FOREIGI~ EXPO VALUE (FOB - BASIS.) PER I RT ~ 1~. -- (1) .140 (1) 1 (1) ~40_ 1,140 (1) ,14p 2 INSURANCE, FREIGHT, & SELLING EXP, - PER LB. -- .15 J5 .15 3 DUTY BASED ON ASP - PERJJ3. .36 * -- 11 DUTY BASED ON TITLE IV OF THIS BILL (30~ CElL- - ING) PER LB. -~ -- -~ .12. 5 TOTAL IMPORT PRICE - PER LB. -- .95 ~9L~ ~75~ .67 6 % OF TARIFF REDUCTION -- -- 10% (3) 5O~ MAX, *$&~: PROPOSED 4 MOTES: 1' This chart has been prepared for illustrationiby using: 1. 40~ as average foreign I selling price value for comparable dyes 2. $1.00 as an American selling price base for our dyes 3. MaxImum 50% reduction allowed under Trade Expansion Act of 1962 has already been ~ 4. Additional reduction proposed I would equal 70% and is beyond the present maximum authorized I by Congress. -~ As a result, during the next 4½ years, we in the dyestuff industry, must now find a way to overcome the nearly impossible burden of a 2O~ reduction out of every current sales dollar, and how in God's name we will accomplish this, we still do not know. The free trade concept is only realistic if developed with an eye toward prac- ticality, the essence of the problem we are posing to you is this: Should we, as a nation, abandon the American dye-stuff industry business completely to for- eign producers as the price of advancing our Nation's trade relations? We submit that the answer should be a resounding "No", otherwise, one must accept the PAGENO="0342" 4782 prospect of the United States without control over its organic dyestuff industry, and completely dependent upon foreign-based producers to supply the needs of our country. That, we submit, would be a fantastic and ironic result from a trade expansion act! The fifth business fact is, that our negotiators, in their haste to conclude the Kennedy Round, were maneuvered into giving away 50% reductions in U.S. tariffs on dyestuffs, and only receiving 20% in exchange from the Europeans. It was a one-sided deal. The separate package now included in title IV, is an unauthorized, separate agreement which was offered by our negotiators who, in so doing, preempted the authority of Congress and prematurely assumed that Congress would abolish the ASP. Our negotiators in Geneva were amply forewarned many times by Members of Congress not to go beyond the authority invested in them by the Trade Ex- pansion Act of 1962. As you know today, these warnings were completely ignored by the signing of a special agreement on chemicals which now appears as a "fait accompli" in title IV of this bill. Gentlemen, if this agreement is now passed into law as part of this bill, an unfortunate precedent would be set, and the next tariff negotiators could be guided accordingly. In the message of May 28, 1968, explaining this bill, there were a number of claims made for the elimination of the American selling price, and we wish respectfully to refute these claims one by one. The first claim is that the ASP system gives a few industries "a special privilege available to no other American business." Perhaps one should recall, that prior to our entry into World War I, our de- pendency upon foreign production was so great, and shortages of dyestuff s in our country became so acute, and the need so desperate, that our Government, by various means at its disposal, arranged for Germany to smuggle a submarine full of dyestuff through the English blockade, and when it finally reached our shores at New Haven, it became a cause for national celebration. The terrible dependency of the United States economy upon foreign dye pro- ducers was, at that tIme, burned into our national consciousness. It was this need which encouraged and brought about the development of the dyestuff industry in our country. Congress early recognized that with the economic advantages and the car- telized structure possessed by the dye producers in Europe, only a strong tariff could keep an American dyestuff industry competitive permanently and alive, and Congress then established A~P as a basis for tariffs. The same conditions still prevail now as it did at that time. Tue se~ond claim is that the American selling price is unfair because it rests on an arbitrary method of valuation. If any system of valuation is to be classified as arbitrary, it should be the pricing and valuation systems used by the foreign cartels, with whom we are in daily competition. These cartels, if unchecked, can, and do, effectively set any price they desire for export to the United States. Some countries today admit they have cartels; others do not. Whether admitted or not, these cartels are still in existence, and if unleashed, would destroy the American dyestuff industry over night. That is just what they are waiting for. The European negotiators have made it appear that the whole world is opposed to the Alnerican selling price. They have given this issue such wide publicity, blown way out of proportion to the tremendous objectives of the Kennedy round, that it became a "hot potato" for our negotiators. Indeed, it seemed to arouse all kinds of emotional upsets with the Europeans. Why was this so? This heat was being generated by an extremely narrow, but powerful group of European chemical executives. Even before the ink was dry on the Trade Expansion Act of 1962, the "Verband der Chemiscban Industrie of Germany" issued its slogan and battle cry: "Trade Expansion Act: Yes; American selling price: No". What they are actually after is the total American dyestuff business, which they once dominated and controlled. Nothing less will satisfy them. The European negotiators very conveniently used the Germany's ASP argu- ment as a smokescreen behind which they maneuvered us during the Kennedy round, into giving them a 50% reduction in tariffs on *dyestuffs, while they only gave the U.S. a 20% reduction. PAGENO="0343" 4783 The bare and ugly fact is, that today European and also Japanese dyestuff prices, are manipulated through cartelized control; therefore, once you destroy the American selling price and substitute the lower based foreign seliing price as a tariff basis, it doesn't really matter what the duty rate is that you put on a commodity, the foreign producers will be in a position to dominate our markets; they will break down our defenses, and will simply take over this industry at will. It is interesting to note, that in July 196(3, the Tariff Commission, in their T. C. Publication #181, stated: "Foreign dye producers supply (through imports or pilodvction in their U.k~. plants) about one-third of the U.8. dye marhet (Iii. terms of value) and imports consist predominantly of intracompany transfers between foreign dye producers and their U.s. subsidiaries." That figure, updated to 1968, may be closer to one-half of the U.S. Dye Market. It is no secret that the kind of pricing arrangements which are condoned in Germany (and now in Japan) and the philosophy of doing business in those foreign countries, if attempted in the United States, would land an American executive in jail. The third claim is that the American selling price is unfair, since it imposes an unjustified burden on the consumer. The answer to this contention is that it just is not so. Any economist will realize that once the American dyestuff producer is out of the picture, through the elimination of all domestic competi- tion, the prices of goods, and the burden on the consumer will go considerably higher. When the large cartels of Germany and Japan control the entire U.S. market, there is no doubt that prices on dyestuffs could then be set by forces over which this country will have no control, and will rise to all-time highs. The fourth claim repeats the. Europeans' contention that the American selling price is a non-tariff barrier and should be eliminated on that basis. This argument has been justifiably criticized by Senator Russell Long, Chairman of the Senate Finance Committee, when he stated on December 7, 1967, that: "The American selling price system is not a non-tariff barrier. It is part of calculating tariffs, if one were to view the so-called American selling price as a non-tariff device, then to be consistent, he should also view the C.I.F. basis of valuation used by most of our trading partners as a `non-tariff device, since the C.LF. method of valuation~ establishes a higher tariff on the same `commodity than an F.O.B. basis, we are at a disadvantage in, trading with nations that use that system." One might be tempted to ask: Were the hard economic facts which I have presented to you as well known to our negotiators, when they proposed a separate package, as they were to the European negotiators? By what measuring rods did our negotiators come to their conclusions that we can sustain a 70% cut in tariffs of dyestuffs, or that the A.S.P. is now unnecessary? There are several hearings held before the Tariff Commission during 1966, where the dyestuffs industry made its economics known. On September 7, 1966, in sworn and documented testimony before the Tariff Commission, I presented similar economic facts to those which you have heard today, to show the disastrous effects of removal of A.S.P. on Our company. Apparently, Our nego- tiators chose to ignore these facts. Indeed, the conclusions drawn by the Tariff Commission's final hearings have never been made public. The fifth claim is that the American selling price inhibits free trade and that the industry is in a strong position to face competition from imports. The truth is, that the growth of imports of dyes from foreign producers has increased at acompound rate of more than 20% between 1964 and 1966, with the existence of A.S.P. This certainly does not indicate any hindrance imposed on the importation of foreign dyestuffs into the United States by A.S.P. (see F.T. #110 and F.T. #125, U.S. Department of Commerce). Special representative for trade negotiations, William M. Roth appearing before this committee, made the claim that the dyestuff industry is strong and growing, its exports are substantial, and the ratio of imports to exports is low. We are afraid this is an area in which he possessed serious gaps in information which he admitted before this committee. A proper separation of dyestuffs by itself will show an increased and startling trade deficit, not a surplus. Please refer to exhibit #2, which follows. PAGENO="0344" 4784 LIN~ 1964 1965 1966 1 EXPORTS $33~OO0,OOO $31,000~000. $34,000,000 2 IMPORTS $25~0O0,O00 $31,000~000 ~$41,000,000 3 TRADE BALANCE $ 8,000~00O (SURPLUS) ($7flO(~P~) (DEFIcIJ) 4 A.I.D. SALES $ 6,600,000 $ 7,600~000 $ 9~000,000 5 NET BALANCE OF. COMPETITIVE EXPORTS $26,4O0~O0Q $23~400~000 $25,000,000 ~ TRAD~E~LANCE AS I.D. SALES $ i,~oo~ooo TSURPLUS) (DEFICIT) -~ t$li,000,000) (DEFICIT) ~- WOTES - $OURCES OF INFORMATION LINE 1 - LINE 2 - LINE 3 - LINE 4 - F.T, - 410 - DEPARTMENT OF COMMERCE - 125 - DEPARTMENT OF COMMERCE LINE 1 LESS LINE 2 A. I .D. OFFICE IN WASHINGTON, D. C, (coMMoDITY CODE 3904 DELETED TANNING EXTRACT$ PORTION) LINE 5 - LINE 1 LESS LINE 4 LINE 6 - LINE 5 LESS LINE 2 EXFftBIT /12 BALANCE OF TRADE - DYESTUFFS (SI-i-c - ~~0360) (Sri-c - INCLUDING A.I.D. SALES 6 PAGENO="0345" 4785 Line 3 in exhibit #2 shows that the trade balance for the dyestuffs industry has gone from an $8 million surplus in 1064, to a $7 million deficit in 1966. However, since these figures include A.I.D. export transactions, if these were subtracted, the true trade balance shown on line 6 would be approximately $8 million deficit for 1965, and has doubled to $16 million deficit for 1966. When 1967 figures are available, we predict this deficit will be even larger. If we remove ASP and destroy the American dyestuffs industry, we may pos- sibly be considering trade deficits in the future of several hundred millions of dollars. The sixth claim is that the so-called bargain to eliminate ASP "Is for for our industries, good for our workers, and good for our consumers." As our business facts have shown, this is not true about the dyestuffs industry. We regretfully acknowledge the offer made to liberalize its tests for adjust- ment assistance, if necessary, but we also ask, is it necessary to destroy the American dyestuff industry and place it on the dole? Thus far I have dealt with business facts. May we for a moment consider some human facts? Our Reading, Pennsylvania plant is our largest manufactur- ing unit. It contains our technological center. Skills that have been carefully built up there for close to fifty years would be irretrievably lost. Our other plants are located in areas where large minority groups of disad- vantaged and underprivileged people strive to make a decent living for them- selves and their families. The impact of any retrenchment on these workers caused by the elimination of ASP would be great. The job loss to their com- munities and the expenditures of time and money on retraining, relocation, and the other welfare needs of these people are incalculable. CONCLUSION In conclusion, may I state that we think the 50% reductions in tariffs already agreed upon in the Kennedy round have already placed an nearly impossible burden on the dyestuffs industry. Ordinary eornmom sense dictates that we now pause and study the effects of this burden before experimenting with the aboli- tion of ASP. To rush into any further reductions of this proportion without taking the required time to observe the effects of the Kennedy round on this industry is simply not businesslike. It would be blindly rushing toward a still distant utopia without paying attention to the pitfalls-and might transform the lofty concept of free trade, through reciprocity and fair play, to the practi- cal reality of sacrifice and annihilation for the American dyestuff industry. Thank you for Your time and courtesy. STATEMENT OF CHESTER M. BROWN, CHAIRMAN OF THE BOARD, ALLIED CHEMICAL CORPORATION I. INTRODUCTION This statement is submitted on behalf of Allied Chemical Corporation and in response to this Committee's announcement of May 9, 1968, requesting views of interested parties with respect to some of this nation's pressing international trade problems. Allied Chemical is incorporated under the laws of the State of New York. The Corporation is a major producer of a broad line of synthetic organic chemicals, fibers, plastics, and industrial chemicals. It has about 130 plants, mines, quarries, and petroleum operations located in 33 states. In addition, Allied Chemical has foreign operating subsidiaries, affiliates or Interests in plants located in Argen- tina, Australia, Brazil, Canada, Costa Rica, France, Germany, Greece, Great Britain, India, Indonesia, Iran, Italy, Mexico, Netherlands, Portugal, South Africa, Spain, Taiwan and Venezuela. Since 1064 the Corporation has had annual gross sales in excess of $1 billion. During that period, the Corporation has paid over $205 million in income taxes, for an annual average of over $50 million. In the United States alone, Allied Chemical has approximately 37,000 employees, to whom about $275 million was paid in salaries and wages during 1967. In addition, the Corporation distributed over $50 million in dividends to over 100,000 stockholders. Thus, Allied Chemical is an important contributor to the economic health of the communities in which it is an employer, as well as to the overall prosp9rity PAGENO="0346" 4786 of our nation. However, events have moved rapidly in recent years and even faster in recent months. With ever increasing frequency we find that low cost im- ports are entering our markets, displacing American labor and business and, in some instances (such as in steel), even threatening this nation's security. The balance of payments and dollar crisis have added an urgency to our search for a long range solution to the problems facing us in this area. The Corporation has an important stake in the future of the United States and, although we can not offer a panacea, we have given serious thought to many of the problem areas and accordingly welcome this opportunity to present our conclusions. II. SUMMARY OF POSITION 1. Allied Chemical is an active member of the Manufacturing Chemists' As- sociation (MCA) as well as the Synthetic Organic Chemical Manufacturers' Association (SOCMA) and has contributed to their councils. Accordingly, we endorse the positions to be taken by those organizations before this Committee. Allied Chemical is also a significant factor in textiles, being a major producer of nylon yarn. In that capacity we support the positions taken by the Man-i\Iade Fiber Producers' Association. 2. The Kennedy Round was an unreciprocal agreement. It is unfair to the American chemical industry and will injure its ability to continue its contribu- tion to the country's welfare. a. Lack of reciprocity is demonstrated by the inequality of tariff cuts between the U.S. on the one hand and the U.K. and Common Market on the other; and b. Lack of reciprocity also is demonstrated by the increasing protective barriers-primarily the projected harmonization of the Common Market tax system and the concomitant increase in border tax rates. 3. Unless Congress takes postive steps to rectify this lack of reciprocity, the inevitable result will be a serious further deterioration in the favorable trade balance and consequential damage to our nation's critical balance of payments. 4. The Supplemental Agreement Relating Principally to Chemicals ("Separate Package") will aggravate the situation still further. Congress should not enact legislation which would eliminate the American Selling Price (ASP) method of customs valuation. a. ASP is a good system-it reflects American wage scales and taxes, is certain, readily ascertainable, not subject to manipulation and thus is fair to both domestic and foreign manufacturers and sellers; b. ASP, rather than the more widely used export valuation system, more closely resembles the customs valuation systems employed by our principal trading partners in that value of product is determined by the facts as found in country of consumption; and c. Congress should give serious consideration to the application of the ASP system to other imported products. III. DISCUSSION A. Economic impact of Kennedy Round and separate package 1. Impact upon Corporate Income The Corporation as a whole has already been described~ We believe the entire American chemical industry failed to receive a fair bargain at Geneva; we know the Kennedy Round agreement seriously jeopardizes a sizeable segment of Allied Chemical's business, primarily certain products and product groups within our fibers, resins and plastics, plasticizers, inorganic chemicals and benzenoid chemi- cal sectors. In an effort to ascertain the extent of the economic impact on those sectors, (1) as a result of the Kennedy Round chemical tariff cuts and (2) the possible elim- ination of ASP, a careful study was conducted by the various divisions that pro- duce the affected products for the international market. The study was limited to those Allied Chemical products affected not just by the Kennedy Round but also by the Separate Package. Specifically, our evaluation included studies on the 28 different product groups within the problem areas previously identified and set forth on Exhibit "A" attached. This statement does not include the economic im- pact as to those products included only in the Kennedy Round. Our conclusions are not the result of straight line projections based on histori- cal data. Of course, we used such data but the almost incredible adverse results PAGENO="0347" 4787 were tempered by an intangible-i.e., what our collective experience in the chem- ical business indicated would be the probable moves taken by ourselves as well as others in an attempt to minimize the damage yet continue in the business. After all this, however, our overall conclusions were that as a result of the 50 percent Kennedy Round chemical tariff reductions our pretax income would be reduced by several million dollars. With the elimination of ASP our economic injury would be compounded-the decline in pretax income, although not quite as severe as that expected from the Kennedy Round itself, would nevertheless be well in excess of a million dollars. Reductions of this magnitude would reduce our pretax income to a level so low that many product lines may have to be discontinued. Since the Kennedy Round agreement was signed (June 30, 1967), in fact, over 200 products from our active dyestuffs line have already been discontinued. The fact that the tariff cuts alone will cause increased imports, especially in benzenoid chemicals, cannot be denied. The Torquay Round (1951) resulted in heavy coal-tar intermediate import jump, and the Dillon Round (1962) resulted in significant increased imports of specific intermediates. We have been unable to break down balance of trade figures for the benzenoid industry because of the government's method of compiling statistics, but we do know that benzenoid im- ports have been increasing. And rapidly, even with ASP. The Separate Package, if adopted by Congress, would eliminate the ASP meth- od of customs valuation for certain benzenoid chemicals. Unnoticed in the emo- tional tempest raised over ASP is the fact that such legislation also will reduce by 55 percent to 83 percent the tariffs on nine non-benzenoid chemicals-far in excess of the 50 percent maximum permitted by the Trade Expansion Act of 1962 (TEA). For Allied Chemical an important chemical in this latter group is Sodium~ Nitrite (TSUS 421.141). In 1967, the tariff on this chemical was 3.0~/pound. By reason of the Kennedy Round this tariff will be reduced by 50% to 1.8~/pound. If the Separate Package is adopted, the tariff would be still further reduced: to 1c~/pound-a total reduction of over 72% which is far in excess of that au- thorized by the TEA. In evaluating the economic impact, we assumed, since there is ample foreign capacity, that foreign competition would take advantage of these reductions to drive the United States selling price lower. We also assumed that we could continue to sell the same quantity as we actually sold in 1966 (the year prior to our study). The result is a projected decline in sales revenue and pretax profit on this chemical alone in the neighborhood of one million dollars, nearly one-third of which resulting from the reductions which would take place if the Separate Package is adopted.1 In reality it is likely that the total impact on Allied Chemical will be greater than indicated, since we will have to contend with a combination of lower prices, loss of sales and increased manufacturing costs caused by the lower volume. In short, therefore, Allied Chemical has already been hurt by the Kennedy Round itself and would suffer significant further adverse economic results if Congress eliminates ASP by adopting the Separate Package. 2. Impact Upon Corporate Facilities and Employees Allied Chemical produces and sells or offers to sell a broad range of benzenoid chemicals or chemical groups. These products are manufactured at 12 locations in 8 states.2 Within the last year two former benzenoid producing operations have been sold, one located in California and the other in Ohio. Approximately 4,000 company employees are directly involved with production of benzenoid chemicals. Numerous others are tangentially involved as executives, salesmen, secretaries, accounting and billing clerks, etc. Aside from the welfare of the company itself, the jobs of many of these persons are dependent upon our ability to make a profit in the manufacture, sale and use of these products. In our assessment of the impact upon the Corporation of the Kennedy Round, we concluded that a large segment of our benzenoid line of products would suffer a revenue decline that would completely wipe out all profits. As a conse- quence, we have been faced with very difficult decisions. Obviously, one alterna- tive was to simply go out of certain aspects of the business. Another was to keep the plant or plants running until there was a negative cash flow, at which time 1 SInce we assumed that the same quantity of product would be sold, costs of manufacture and sale would remain constant. Therefore, to the extent there was a decline in sales revenue thoro would be an equal decline in pretax profit. I California, Illinois, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia. PAGENO="0348" 4788 they could be shut down. Other alternatives included (1) building facilities overseas and importing back into the U.S.-which would not help domestic em- ployment nor leave America a reliable supply in the event of hostilities and (2) committing new capital in an attempt to ensure the success of a few products, abandoning production of the remainder. As is well known, because of the nature of the products produced, the two Allied Chemical plants that are most apt to feel any adjustment the Corporation might make are located at Buffalo, N.Y. and Haledon, N.J. At the end of 1907 these two locations alone represented a capital investment of about $65 million (gross book value, fixed assets) and collectively employed 2,000 persons. At Buffalo we produce dyestuffs, certified colors, biological stains and indicators, organic chemicals, detergents and dye intermediates whereas our organic pig- ment operations are located at Haledon. Of course the dye and pigment industry is only a part of the benzenoid chem- ical industry. All told Allied Chemical has approximately $275 million invested in the production of various benzenoid chemicals. Although this investment ac- counts for about 15 percent of Allied Chemical's total sales, the percentage of the Corporation's pretax profits generated by such sales is far less than 15%. This low return on the sales dollar has been accepted by Allied Chemical only because production of benzenoid chemicals is important to our operations, espe- cially to our research and development facilities. If this were not the case w-e might very well have turned to more profitable areas long ago. Despite the importance of benzenoid chemicals as a synergist in the production of new products, the entire investment has been placed in jeopardy as a result of the Kennedy Round. Because of the cumulative effect, this investment w-ill be placed in far greater jeopardy if the Separate Package should be adopted. Even useful and desirable operations cannot be maintained for long by private industry at a loss. B. Reasons for such adverse results 1. Kennedy Round-Unreciprocal bargain SOCMA will devote a good portion of their presentation to an explanation as to why the Kennedy Round is an unreciprocal bargain. We will try to avoid being redundant. However, it is not sufficient merely to state that with respect to trade with Europe we find ourselves worse off now than we were before the Kennedy Round began. That fact needs some explanation, especially since the result is so incongruous. After all, the Geneva negotiations were intended to expand world trade and President Kennedy, in obtaining authority for the United States to enter the negotiations stated that he was seeking "general authority to reduce existing tariffs by fifty percent in reciprocal negotiation," adding "But let me emphasize that we mean to see to it that all reductions are recipro~al . . .". (Emphasis added.) Despite that admonition, our negotiators agreed to reduce United States chemical tariffs by nearly 50% in return for a reduction of about 20% by the Common Market and United Kingdom. And, with respect to the Common Market it should be noted that the reduction was not even with respect to ewi~sting tariffs; the reduction was from a Common External Tariff (CXT) w-hich was not even in effect. This is a little publicized, but very significant fact. The CXT becomes effective July 1, 1968. In Germany and the Benelux nations, the average chemical CXT will be sufficiently higher than the chemical tariff cur- rently in existence so that when the CXT is reduced by 20% the resulting aver- age chemical tariff will be higher than those in effect today.3 Since over 70% of American chenilcal exports to the Common Market go to Germany and the Benelux countries,4 it is little wonder that the chemical industry has been vehement in its denunciation of the Kennedy Round. 2. Border taxes This nonsuccess with respect to tariff reductions is compounded when one realizes that all Common Market countries (except France) have increased or soon will increase their border taxes. The first dramatic evidence of the sig- nificance of this situation may be seen by looking at German/American trade. Last year's 4% border tax in Germany was raised to 10% on January 1, 1968 and goes to 11% on July 1. This tax increase, on top of the increase in chemical CCH, Common Market Reports, para. 9227 (1968). 4 United States Department of Commerce, Bureau of the Census, United States Exports (FT--420-1966 Annual)-1967 data not yet available. PAGENO="0349" 4789 tariffs, means that it will cost American chemical producers more to sell in the German market after the Kennedy Round is fully implemented than it did before the negotiations began! That protective wall was raised still further by the 6% jump in the border tax. We are unable to understand how Administration spokesmen can characterize these facts as providing the chemical industry with wonderful new export opportunities! Another aspect of the border tax as employed by our European friends is the fact that they receive a tax rebate on their exports. For example, a German chemical manufacturer who exports his product to the United States (or any other third country) now receives a 10% tax rebate, i.e., a government subsidy which our Treasury Department inexplicably ignores despite the clear statutory mandate to impose countervailing duties~5 Furthermore, the German chemical exporter does not bear any United States tax burden. On the other hand, Ameri- can chemical exports are not subsidized and they bear full United States taxes plus the full indirect tax burden imposed by Germany. An interesting current statistic dramatically illustrates the value of this tax rebate as an export incentive. During th efirst quarter of 1968, German exports to the United States totalled $659.7 niillion, an increase of 50.7% over the com- parable 1967 period. It is not just coincidence that this dramatic rise coincided with the fact that in 1968 German exporters received a 10% subsidy from their government rather than the 4% reecived in 1967. Those figures alone are enough to indicate that the subsidy is hurting United States business at home; but they are equally or even more damaging to the hopes of American exporters. One of our strongest competitors in the fight to obtain chemical business in third markets is being heavily subsidized. This fact bodes ill for the United States balance of payments and the balance of trade! U. Balance of payments and trade balance This Committee is quite familiar with the unfortunate condition of this na- tion's balance of payments. Sometimes forgotten, however, is the fact that historically the one bright feature in this sad story has been our favorable trade balance. In 1967, the chemical industry provided approximately $1.8 billion or about 45% of our nation's gross merchandise trade surplus. In early January President Johnson identified as a national goal a half-billion dollar improvement in our trade balance. Scarcely 3 months had elapsed before all hope for achieve- ment of this goal had disappeared. As of today no one, except perhaps the fabled "cockeyed optimist", believes there is even a remote chance of achieving last years' figures. There is no cut and dry answer as to why our traditional favorable trade balance has disappeared. The situation as it exists today was described clearly by Mr. Kenneth M. 6 in an article published in the May 20 issue of the Journal of Commerce: "Insofar as 1968 is concerned, I believe we will improve on the exceptionally poor first quarter showing and that the export surplus for the entire year may run between $800 million and $1.7 billion. If Government-fInanced eceports (which totaled $3.2 billion last year) are left out of account, the commercial trade balance this year is likely to show a deficit of $1.5-$2.5 billion, compared with a small commercial surplus of $250 million last year. . ." (emphasis added). Some observers (including the Commerce Department) in reviewing the first quarter international trade results, have indicated that the trade balance suffered by about $300-$500 million because of strikes actual (in the copper mines, on the New York docks) and threatened (in the steel mills). To focus on these special factors, however, is delusive, tending to obfuscate rather than illuminate our search for meaningful answers to the undeniable decline in our trade balance. There undoubtedly are many answers, all of which must be examined. A well- known problem area relates to wage rates increasing at a rate far more rapid than productivity. However, we suggest another meaningful answer to the de- teriorating trade balance lies in the fact that on January 1 the United States implemented the first of the five Kennedy Round tariff cuts. An additional answer may be found in Germany-their border tax increase applicable to imports from America compounded by the subsidy paid to their own exporters. Section 303 of the Tariff Act of 1930. 6 Kenneth M. Spang-Vice President, First National City Bank (N.Y.); 1968 Chairman of New York World Trade Week Committee; Chairman of Foreign Commerce and Affairs Committee of the New York Chamber of Commerce. PAGENO="0350" 4790 Time will not cure these problems. On the contrary, time will be our undoing unless Congress acts to conserve American business. The value added tax C011- cept (TVA-border tax/export rebate) is spreading. By 1970 all Common Market nations will have followed in Germany's footsteps. It is expected that soon there- after they will harmonize their border tax rates, and at a rate which EEC econ- omists estimate will be about 15%. Since American products will bear a 15% tax when entering the Common Market yet EEC exports will receive a 15% rebate, for balance of trade purposes most of our European competitors will enjoy a 30% advantage. And TVA is contagious-Sweden, Norway and the United Kingdom have the system under study and it has already been adopted by Denmark. D. Separate package-ASP When consideration is given to the Administration proposal to eliminate ASP, all the foregoing comments must be kept in mind. Although affecting only a small portion of all chemical imports, the Separate Package would virtually eliminate all barriers to foreign domination of an important sector of the do- mestic chemical industry without giving Americans usable benefits in return. Common Market border taxes and the switch to the CXT have nullified any significant potential chemical export opportunities even with the further tariff reductions which would be triggered by adoption of the Separate Package. Cost of entry studies to be submitted to this Committee by SOCMA will provide dramatic proof of the fact that American export opportunities will not be en- hanced despite the additional European tariff cuts which would be triggered by Congressional adoption of the Separate Package. Thus adoption by Congress would serve merely to open the door still further to foreign domination of Amer- ican markets-to the detriment of American business, American labor, America's balance of trade and balance of payments. As was noted by Mr. George B. Hegeman of Arthur D. Little, Inc., in a paper presented at a seminar in Frankfurt, Germany in June 1967 on the management of international marketing in the chemical industry: Thus, Europe is a strong trading block and the move to reduce chemical tariffs around the world will provide a further stimulus to European exports and its balance of payments. With only limited tariff cuts scheduled for now in Europe, the U.S. chemical industry is not expected on balance to benefit from these negotiations. Should the American Selling Price be abandoned, U.S. imports will surely rise rap?dly. Since the U.S.I chemical trade balance will undoubtedly drop, so will its contribution to the U.S. payments position. However, the major firms now marketing in this area will try to maintain market position and will undoubtedly invest abroad to remain competitive. In doing so, they will follow the classic U.S. pattern of investing rather than trading. Only this time there will be a difference-they will intend to export to the United States and this will re- inforce the pattern of improved trade balances in Europe and a deteriorating position in the United States." (Emphasis added-p. 3)~8 ASP must be put into perspective. It is not the 19th Century protective device described by many of our foreign trading partners. It is simply a system by which duty on certain imports are calculated as a percent of their domestic wholesale price rather than their foreign, or export, price. It is only applicable to coin- petitive beuzenoid chamicals and a few other items.° Unlike the normal customs valuation system used in America (export value), ASP reflects American wage costs and American tax levels. This is appropriate- the goods brought into America are to be consumed or sold in America and thus should be valued by American standards. Most of our principal foreign trading partners use what is called the Brussels valuation system with respect to products going into their countries. That sys- tem (which is based upon "the price which [the imported goods] would fetch.. on a sale in the open market between buyer and seller independent of each other") often results in overvaluation.1° Although like ASP in that it avoids the Paper entitled "The Impact of Tari~s, Trade and Investment Placement on ITS. and European Balance of Payments". 8 It will be noted that Mr. Hegeman suggests that the major firms would undoubtedly invest abroad to remain competitive. The Administration with its foreign investment capital outflow restriction has clamped a lid on this manner of survival. We trust that these restric- tions are truly temporary and will be removed as promptly as possible. Canned clams, knit gloves, rubber footwear. 10 See International Chamber of Commerce, The Brussels Definition of Value-The Case of the "SOle Buyer" (February, 1963) ; International Chamber of Commerce, Customs Valu- ation of Imported Goods-A Review of the Brussels Definition and Its Application (Feb- ruary, 1959). PAGENO="0351" 4791 necessity of having to determine dutiable value on the basis of prices prevailing in foreign countries (for customs purposes, valuation is based 011 the value of the imported product in the country of consumption), it gives customs officials considerable discretion in establishing dutiable value, especially where the buyer and seller are not completely independent of one another. Because of the discre- tion left to customs officials in establishing dutiable values, however, the Brus- sels system lacks the virtues found under the ASP system. In short, the Brus- sels value system suffers from the defect of uncertainty. ASP is a fairer method. Fairer than either Brussel value or the export value system. Because of the nature of the American market place, the true American selling price may be easily ascertained and confirmed by customs officials and by importers alike since price information is published in numerous trade papers and journals. Furthermore, our anti-trust laws combined with the natural com- petition found in the huge American market place preclude the American Selling Price from being a false price. To phrase it another way, ASP is not subject to manipulation.11 Finally, ASP is consistent with the principal purpose of the United States tariff in that it tends to offset some of the disparity between the costs of produc- tion here compared to those abroad. Serving this important purpose, yet provid- ing equal treatment to all our trading partners, makes ASP an excellent system which might properly be utilized to determine customs value for a broad range of products. Consider what happens under the export valuation system, the sys- tem which would become effective if Congress adopts the Separate Package. The export value system provides a tariff advantage to the low cost foreign producers on top of the significant cost advantages they already enjoy. Thus, where low production costs permit a producer from a low cost country to undercut the United States price or the prices of other higher cost producers selling in this market, the application of a duty based upon export value actually increases rather than decreases the existing cost disparity. By providing a tariff advantage on top of the substantial cost advantage already enjoyed, the use of export value actually subsidizes a widening of the cost disparity. ASP valuation, on the other hand, treats all imports alike-it levies the same amount of duties irrespective of whether the imported product is from a high or low wage country. It does not accentuate the difference by providing addi- tional tariff advantages on top of wage advantages. ASP should not be judged by the rhetoric produced by our foreign trading partners. It should be judged by the foregoing objective standards. Whether one method of valuation results in a higher value than another is completely ir- relevant, since consistent with international obligations the rate of duty may be adjusted in such a manner as to ensure that any change in valuation base does not result in a change of the amount of duty. So judged, one must come to the con- clusion that ASP is more than worthy of preservation; as a system it is worthy of application in other product areas. IV. CONCLUSIONS Allied Chemical welcomes efforts to establish freer world trade-provided all are permitted to operate under the same rules. Establishment of a "one way street", where we lower our trade barriers while Europeans raise theirs, is merely providing a road leading to trouble-for U.S. industy, its employees and shareowners, and for the United States balance of payments and free world monetary stability. Thus, for all the foregoing reasons, Congress should (a) reject the Separate Package, (b) consider application of ASP to other product areas, and (c) con- sider the implementation of a United States border tax and export rebate-to inhibit the unreasonable growth of low cost imports and provide an incentive to American exports. 11 There have been charges made to the effect that (1) the ASP price Is not the actual domestic selling price but is, rather, an artificially high "list" price and (2) that a product is given competitive status merely as a result of a domestic offer rather than actual sales. Although we doubt the accuracy of such charges, they could be effectively negated by slight changes in the regulations. For instance, domestic producers might be required to file quar- terly the prices at which they have actually sold such product or run the risk of losing the protection afforded by ASP. To counter the alleged Inequity that foreign exporters are unable to know in advance whether a product they ship will be subject to tariff based on ASP valuation, regulations could require a specified changeover period, say 60 days advance notice published in the Federal Register or Treasury Decisions, before an Import could go from noncompetitive to a competitive status. PAGENO="0352" 4792 EXHIBIT A Nylon monofilament (15 and 20 denier) Resins and plastics: Nylon molding compound Urea molding compound Melamine molding compound Alkyd molding compound Polyethylene (high molecular weight) Cumar resins CTFE molding compound Organic chemicals: Maleic anhydride Ethanolamines Cresols Fumaric acid Melamine Anthracine Quinoline, refined Cresylic acid, refined Naphthalene, refined Propylene glycol Benzenoid products: Dyes Organic pigments Dye intermediates Adipic, fumaric, etc. Inorganic chemicaLs: Sodium nitrite Sodium bichromate Chromic Acid Hydrogen peroxide Ammonium chloride Aluminum chloride STATEMENT OF JTJLE N. KVAMME, COI~PORATE DEPARTMENT, GARNATION COMPANY RECOMMENDATION Carnation Company supports the elimination of the American Selling Price (ASP) as a method of customs valuation. ASP no longer serves the purpose for which it was intended; it is not necessary to protect any infant U.S. industry; it has the effect of maintaining an artificial high price to the American consumer and can jeopardize the free flow of trade so essential to American industry. THE ASP CONCEPT AND HISTORY Other statements to the Committee set forth in detail the concept of ASP, its history and the many and substantial reasons for its elimination. It is our purpose in this statement ito set forth an example of how the extended use of chemicals in modern food technology has had the effect of applying the ASP concept far beyond its original purpose. THE CASE OF ETHYL VANILLIN Ethyl vanillin is a synthetic flavor ingredient which imparts a vanilla-like flavoring and is used by food processors to flavor various food products. It is classified for U.S. customs purposes under Item 408.60 of the Tariff Schedules of the U.S. as a "finished organic chemical product manufactured in whole or in part from organic chemical crudes or industrial organic chemicals". Such classi- fication is within the group which is subject to the ASP concept. ASP permits the maintenance of an unrealistic price for a commodity such as ethyl vanillin under noncompetitive situations and as a result increases the cost to the consumer as indicated in the following statistics: (The figures used are approximate because of changes in market prices.) PAGENO="0353" 4793 COST-ETHYL VAPIILLIN iS. Supplier Foreign Supplier With ASP Wit hout ASP Manufacturer's price per pound $6. 75 Duty rate per pound Plus 45 percent ad valorem $3. 50 .07 1 3. 04 $3. 50 .07 2 1.58 Total cost per pound 6. 75 6. 61 5. 15 `45 percent X $675 (ASP). 2 45 percent X $3.50 (selling price in foreign market). It can be seen from the above that with a duty rate of 7~l per lb. and 45% ad valorem on the American Selling Price, the cost of ethyl vanillin which is sold by a foreign supplier for $3.50 CIF New York is increased to $6.60 per lb. The U.S. supplier can maintain a price of $6.75 and still remain competitive. It should be noted that through the application of the ASP concept, the total duty is $3.11 on a product which is sold for $3.50, or an effective duty rate of almost 90%. With the repeal of ASP the total cost to the U.S. processor would be only $5.15. This despite the application of a relatively high duty rate of T~l a lb. plus 45% ad valorem. COMPARABLE PRODUCTS Laboratory tests have shown that the imported product is of high quality and no argument can be made as to the health or safety factor with respect to the importation of the product. The foreign suppliers cited in the above example are chemical companies located in a highly industralized European country with a high economic standard, therefore, it cannot be successfully argued that the variance between the foreign price and the U.S. price results from substantially lower costs or differing economic conditions. ASP RESULTS IN INCREASED COST TO THE CONSUMER Ethyl vanillin is being increasingly used in many food products. Maintenance of a high price to the food processor for a product such as ethyl vanillin can only result in additional cost to the U.S. consumer since the food processor must pass these costs on to the consumer. Certainly Congress in enacting ASP in 1922 did not intend that the concept would be applicable to food products being consumed by the United States consumer. STATEMENT OF 0. B. BRANCH, EXECUTIVE VICE PRESIDENT, Dow CHEMICAL COMPANY INTRODUCTION The Dow Chemical Company, whose home offices are in Midland, Michigan, is a broad-based, global chemical company. Sales in 19137 were $1,383,000,000. The product line includes hundreds of organic and inorganic chemicals, plastics, light metals, agricultural products, animal and human health products, and consumer products. Dow has production facilities in 17 states; and in addition, has 19 wholly or partially owned production facilities in 17 countries outside the United States. More than 10% of our U.S. production is being exported. On the other side' of the' picture, many of our products meet competition from imports into the domestic market. Dow is vitally interested in the antidumping question. It is certain that dump- ing, if practiced on an extensive scale, will nullify much of the advantages that can' normally be expected from world trade. When the tariff reductions that were negotiated in Geneva, during the Kennedy Round, are fully effective (1~72), tariff rates for most industrial products in the developed countries of the `world will be so low that dumping could become a completely destruétive factor in wOrld trade. Other restraints on world trade are also important. Certain practices, such as export subsidies and political regulations, greatly affect the competitive OO-159--68-pt. 1O-23 PAGENO="0354" 4794 positions of local producers in relation to foreign producers. Although the vital importance of such practices cannot be neglected, this paper will address itself only to the question of dumping, which is a complicated problem worthy of some careful consideration. Any final decision concerning foreign trade will be of minimal value in the absence of a strong antidumping regulation and enforcement. TRADE CLASSIFICATIONS World trade many be classified in four categories with respect to com- petitiveness: 1. Trade that is essentially monopolistic, based on patented products or products newly developed and unavailable in other markets. 2. Shipments from parent company to foreign subsidiary are another type of foreign trade where competition is restricted. In the past 8 or 10 years, $3 to $4 billions' worth of American exports are reported by the Commerce Department to be of this type. The shipments consist primarily be intermediates and parts for further processing or assembly. A different type of trade is what is called a co-manufacturer or co-producer sale. From time to time there are instances where a producer of a given product, usually due to temporary shortages or short-term imbalances in supply and demand, will import the same product from another producer. 3. The bulk of world trade is on the basis of normal competition, which involves not only price competition but quality, service, design and other factors. In any growing industrial country there will always be imbalances in supply and demand, and shortages of particular products at a given time. As expansion takes place, the capacity for a given product is likely to be out of balance with the consuming plants. This is particularly relevant in the chemical industry where new plants are designed for a size to give low-cost production rather than on the requirements for immediate sales. These imbalances lead to short-term demands which often are supplied from excess capacity in other countries. 4. And finally, there are examples of foreign trade which can be labeled "dumping". This occurs when a producer with excess capacity is willing to sell his product overseas at prices below his home price, on the theory that the incremental cost of the additional product that is obtained by running the plant at capacity is low; therefore, if he can sell overseas, even at low prices, without disturbing his domestic price, he is making a good incremental return on the foreign sale. Such sales are not destructive competition where the product is sold into a nonproducing country. In such instance, the result may even be con- sidered beneficial in the unlikely event that the country has no desire to develop national production. Dumping becomes a matter of real concern when there is national production of the product or desire to initiate production and the foreign producer offers his product at a lower price to the customer than is available from the national producer or would be available from such a potential producer. It becomes especially destructive whenever the political regulations are strong enough to prevent any retaliatory importation Into a producer's home market. In such instances, the home-market price may be artificially held at a high level to enable the excess production to be dumped at destructively low prices in over- seas markets. Dumping practices disrupt markets and, in the end, are disadvantageous to consumer as well as to producer. For this reason, most industrial nations have procedures designed to prevent the practice of dumping. The GATT charter, in Article 4, recognizes the disruptive influence of dumping and proposes duty penalties to prevent it. The first step is to develop a definition of "dumping" that matches the realities of the business world. This then needs to be applied objectively by all trading partners so as to eliminate the evils of dumping, but at the same time not thwart international trade and competition. The negotiation in Geneva, authorized by the Trade Expansion Act of 1962, sought across-the-board tariff reductions of 50% on a reciprocal basis. When the United States has completed the cuts (1972), most tariff levels will be so low that they will offer little impediment to trade. In fact, they may invite practices of dumping, because the tariff levels that will remain will add little to the ~order-cros5iflg charges. Based on our experience with competition from imported chemicals and with extensive experience in export of chemicals from the United States, we believe PAGENO="0355" 4795 that international trade will grow on a sound basis in proportion as dumping practices can be minimized. To this end, it would be desirable to harmonize and make uniform the language and practices relative to antidumping. A fair system is needed that takes into account the legitimate interests of both the developed and the underdeveloped countries. We concur in the basic concept embodied not only in the U.S. antidumping law, but also in Article 4 of GATT, namely, that there ought to be a dual criteria as a basis for any dumping penalties: 1) that there be, in fact, sales below fair- market value; and 2) that there be injury to producers in the market of import. A DEFINITION OF "FAIR MARKET VALUE" There are wide variations in the definition which different countries use for the term "fair market value" or "normal value" as stated in Article 4 of GATT. If dumping is to be minimized, without at the same time injuring normal inter- national trade and competition, careful attention must be given to the definition of fair market value. This problem is especially difficult in the chemical industry, where a product may be sold into a variety of different uses under different conditions of sale. Our experience leads us to believe that the following statements represent impor- tant criteria in defining fair market value: 1. That it should represent a price at which the product is freely offered by national producers in their home market; 2. That the price should be for normal wholesale quantities, unless the import is simlar to a level of trade in the product for which there is special pricing and condition of sale in the home market ("condition of sale" here referring to end use, grade, type of shipment, duration and volume of the commitment, etc.); 3. That the price be taken as F.A.S. (free alongside) or F.O.B. ship's rail (depending on whether packaged or bulk cargo) at the time and place of ship~ ment or at the nearest port; and 4. That calculations of currency exchange rates used in any antidumping case be the actual involved in trade transactions where it is different from official rates. INJURY TEST The diversity in the definition and treatment of the question of "injury" is even greater than that of fair value. In the United States and Germany, the test is so restrictive that injury is seldom found. In an 11-year period (1955-65), out of 345 U.S. dumping cases only 10 showed injury; of this, only 2 were chemicals. By contrast, some countries-notably Commonwealth countries-may claim Injury even if the import is sold at or even above their domestic price. The present U.S. approach to determining injury gives important weight to the corporate or industry level of profits. The presumption appears to be that if a company and/or an industry are making profits equal to or better than the national average, It is therefore not disadvantaged by any dumping that might have occurred. This approach avoids dealing with the specific injury which is the basis for the complaint. it is especially unfair in the modern business world where the business of so many companies is highly diversified. The inappro- priateness of profit as a criterion is discussed in the attached appendix. Clearly, a standardization of the Injury test is needed. The United States should propose, through GATT, criteria that will make the test more specific and less judgmental. We believe that a suitable clefintion should include the following criteria: 1. An antidumping statute should recognize no injury for products that are noncompetitive. For this, the U.S. criteria of "like and similar" in defining competitive products seems to be a good one. 2. There should be a presumption of no injury where import sales are not below the prevailing price in the country of importation. 3. There should be the presumption of injury if domestic production equals 10% or more of demand and the import is being sold below fair value and below the price in the country of import. This is the test that was so effective in Preventing a destructive type of competition in Canada. 4. Each product or product line be considered an industry in and of itself. An injury test that looks to averages for an industry, or multiproduct company therein, is meaningless. Actual losses in a particular product or narrow product line may be concealed by profits from patented or other prothict~. This product PAGENO="0356" 4796 concept is vital in the chemical industry because so many products are tied together as co-products and by-products. 5. Experience has also shown that in a large, diversified country like the United States, regional considerations may be important. A major segment of a market may be demoralized by dumping in regional areas without completely disrupting the rest of the market. Accordingly, the definition of "industry" should include a provision for regional injury. 6. Special consideration should be given to the co-producer transactions. Jo many instances, co-producer sales will be made at a special price. Since the co- producer buyer is not interested in destroying his own price structure, and in any case he himself makes the market, such a sale, even though technically dumping, will not tend to injure the market of the country of destination. PROCEDURES It is well recognized that the rules of procedure and the way in which thcy are applied can greatly influence the effectiveness of an antidumping law. Recog- nizing that this is a highly technical field and not wishing to recommend specifics, we nevertheless urge that any common procedures incorporate these principles: (1) a chance for interested parties to be heard; (2) prompt disposition of the case; (3) safeguards for confidentiality of data; and (4) a requirement that complainant and defendant supply necessary data promptly. (Failure of the former to comply within a specified time would dismiss the case, and of the latter would automatically constitute a finding of dumping.) In the matter of procedures, it is important that the findings be prompt and not delayed, and that they be as specific as possible with a minimum of judg- mental leeway. Only if both the regulations and procedures are specific and clear can either the exporter or domestic industry judge what is dumping and what is not. APPENDIX The accounting procedure for calculating and reporting profits conceals more than it reveals about the nature and source of profits. In a free-market society, "hoped-for" profits are the incentive for constructive change and "realized" profits are the reward for useful innovation. In reality, business profit as normally reported consists of three separate items and each is a payment or a wage, if you will, for a certain service. These three items are: (1) Interest on capital (2) Risk insurance (3) Wages for entrepreneurship or innovation. As normally reported, the profit figure includes the equivalent of interest on the invested capital. In stock companies this is actually paid as "dividends," but it is really payment for the use of the capital. Since there are risks in do- ing business, the investment may be lost if the business should fail. Accord- ingly, investors require somewhat larger returns than they could get in the form of interest-let's say from Government bonds. The profit figure also in- cludes, then, an insurance cost to cover this risk factor. These first two are easily understood. The third-wages for entrepreneur- ship-is a little more involved but is of special importance because it is the catalyst that stimulates economic growth and so it merits careful analysis. To fully understand its meaning and role, we shall need to review some funda- mentals. Man is, by nature, purposeful and directs his energy toward satisfying his needs and wants. In addition to the physiological needs to sustain life, man is constantly building for himself mental images of things that he would like to have. These ideas become goals or objectives that he tries to satisfy. Since man's ability to conceive new desires is limitless, and since available resources are limited, he must economize his time and effort if lie is to enlarge his satis- factions. Entrepreneurship is the economizing function. The entrepreneur per- forms this function by thinking up ways to increase efficiency. PAGENO="0357" 4797 ENTREPRENEUR'S CONTRIBUTION it is normal to think of a manufacturing firm as having three key functions: production, sales, and finance. Fundamental consideration shows that a fourth essential function i~ involved. A firm can't even get started until it has an objective-an idea toward which the resources are organized. It is the function of the entrepreneur tG select the best ideas and maximize the efforts of the organization. USEFUL IDEA In seeking good ideas, the entrepreneur notes that man prefers to satisfy his wants with the least human effort and that there is such a thing as "human inertia"-that we all resist change. Accordingly, the entrepreneur seeks and applies ideas that improve efficiency enough to induce human change. Thus, an idea is a good one only if it is a better way to satisfy some human need. A new product, a new service, or a cheaper way to furnish an old product or service, is what is sought. The increase in economic efficiency is the driving force that overcomes the con- sumer's inertia to change and causes him to buy the new product. The company that introduces a new product must share the saving with the customer. It is by offering the consumer a better bargain that a Supplier earns that part of the profit that we have indicated as "entrepreneurial wage". The greater the improve- ment in efficiency, the larger this part of the profit may be. This is the reward that society (the customer) is willing to pay for an increase in overall efficiency in the satisfaction of his wants and needs. This portion of what is normally called "profit" disappears as soon as the new technology has become widely applied or a newer and still better product has become available. If a company is innovating and servicing the customer with better products and/or lower costs, it can earn a better-than-average profit. The company that is not innovating will show a profit about equal to interest rates. The following table shows the profit for manufacturing corporations in the United States for a 10-year period. It also shows the average interest rate on good corporate bonds. 10-year average, 1957-66 Percent Profit as a percent of sales 1492 Profit as a percent on capital 16.38 Average interest rate on corporate bonds: Aaa and Baa 24.67 Payment for risk insurance plus the wages for entrepreneurship: Income on equity capital less interest on rate on bonds 1.71 1 Quarterly Financial Report for Manufacturing Corporations (Federal Trade Commis- sion). 2 Federal Reserve Bulletin. This shows that, on the average, the "wages of efficienc~r" that corporations earn by their innovative efforts represent only 13/4% On capital invested. If, through dumping, prices or market position are eroded, It need affect the average profit only very little to cut deeply into the wages of efficiency. The chemical industry has been a leader in innovative changes. This is not sur- prising, since it spends a higher percent of sales income on research than most other industries. It is, therefore, only natural that the chemical industry generally shows a higher rate of profit than the average for industry. If a profit criterion is applied as an injury test On the chemical industry, no injury would ever be found until profits had eroded to the point that research would be cut back and innovation stinted. Thus, criteria for dumping injury, other than loss of profits, are required if a healthy, growing, innovative chemical industry in the United States is to be maintained. The genius of the free-market system is that it offers the possibility of large entrepreneurial rewards for very important and rapid innovation. The customer gets his wants satisfied with less money (less human effort) at the same time. To assume that a firm that is making average or better-than-average profits, even on a product that is affected by dumping, has not been injured by dumping is to confuse two independent factors. A better and more rational approach to the question of injury from dumping needs to be found. PAGENO="0358" 4798 STATEMENT OF JAMES W. L. MONKMAN, Vxcn PRESIDENT, CROMPTON & KNOWLES Comoa&TIoN My name is James W. L. Monkman and I submit this testimony as Vice Presi- dent of Crompton & Knowles Corporation, 93 Grand Street, Worcester, Massachu- setts, and as President of its Chemicals Group, with headquarters in Newark, New Jersey, as indicated above. A summary of our conclusions and recom- mendations is provided at the close of this testimony. Company operations and interests Crompton and Knowles, last year, had sales of $66 million and employed roughly 2,700 people in its various divisions. It is engaged in manufacture and sale of machinery for textile manufacture, plastics processing, and packaging; and its Chemicals Group manufacturers and sells textile dyestuffs, food colors, plastic colors, and reinforced plastics. We are strongly in favor of expanded trade between nations. However, from firsthand view of the industries in which we are involved, we believe that tariff policy and tariff concessions of the United States have resulted and will result in major increases in foreign pene- tration of the U.S. market, without opening equivalent opportunities for sale of our goods in foreign markets. We are particularly concerned about the effect of agreements reached in the chemical sector, in the Kennedy Round, and about the consequences which would ensue in our benzenoid chemical business if the American Selling Price system of valuation of imports were abolished as re- quested by the Administration. We manufacture specialized dyestuffs, mostly for synthetic fiber based tex- tiles, and certified colors for foods, drugs, and cosmetics. We have two plants- one in Reading, Pennsylvania, and one in nearby Gibraltar. Both plants are in ]3erks County, Pennsylvania. We employ 180 people at these locations. Sales of these products total approximately $10 million. Another dyestuff producer, Tenneco Chemicals, is located in Reading, Pennsylvania, and we estimate that our two benzenoid chemical businesses represent investments of close to $10 mil- lion in the area, annual payrolls in excess of $4 million, and local state and federal tax payments of over $2 million each year. The health of these busi- nesses is a matter of intense local concern, as you will note from the attached resolution taken by the Reading City Council. Probable economic effect of elimination of AJ~.P. on teo~tile dye business Crompton and Knowles has studied very carefully the probable effect upon its domestic business and its exports resulting from the Kennedy Round agree- ments and the proposed "Separate Package". We subscribe fully to the position taken by the Synthetic Organic Chemical Manufacturers Association that the agreements fail to provide reciprocity and that the U.S. benzenoid chemical industry and the U.S. balance of payments will be seriously and adversely affected under these agreements. With respect to export opportunities, the only dyes we can sell abroad today are those specialty, superior performance colors we have developed through our own research. We see virtually no expansion of export sale of our colors pro- duced in this country as a result of tariff concessions in the Kennedy Round or separate package. Conversely, however, we see major reductions in sales income and complete loss of business on some products as a result of price reductions made possible by rethiced U.S. tariffs and by the proposed abolition of A.S.P. The latter move is especially serious because the converted rates proposed (as brought out by industry spokesmen in the 1966 Tariff Commission hearings-a report which the Administration stifl has not made public) do not provide equivalent protection to A.S.P. treatment. As a result, the effective tariff on products competing with many of our products, because they fall in basket categories, will be 70% to 80% lower if A.S.P. is eliminated than at present-far in excess of the 50% maximum cuts authorized under the Trade Expansion Act. As a small, specialized dyestuff producer relying heavily on research, Cromp- ton and Knowles has had a profitable, growing business in textile dyes. For busi- ness reasons we cannot disclose specific profit figures, but we have developed the following table to show the relative effect upon profits as a per cent of sales that we estimate will take place in the dyestuff part of our business as a result of lower priced dyestuff imports made possible by the Kennedy Round cuts and by elimination of the A.S.P. method of valuation of benzenoid chemical imports. In this estimate we have excluded the effect of any other changes in our business and its costs. PAGENO="0359" 4799 Estimated indea.~ of profit as a per cent of sales [1964 rate= 100] 1969 1978 Kennedy Round effect 98 69 Separate package effect 84 58 Probable effect on food color business of elimination of A.~.P. Our food color business also faces serious inroads. We are the smallest manu- facturer of those benzenoid dyestuffs certified by the Food and Drug Adminis- tration for use in foods, drugs, and cosmetics. These are classified under Clause 400.50J. Certified food colors produced in the United States are a very small part of the total dye industry. For this reason and since there have been no sig- nificant imports of food colors up to now, your coranhittee may be unaware of this group of dyes and that the proposed changes threaten the existence of this industry. As a result of low prices, we have already experienced a serious loss of busi- ness in Canada to food colors of foreign manufacture. The effect of having to meet the reduction in prices made possible in the Kennedy Round and by abolishing A.S.P. could put us out of the food color business. Should these products become available in the U.S. from foreign sources at prices made possible by the pro- posed changes, we would find it difficult to compete on any of the colors permitted by the Food and Drug Administration. Another problem would arise of far more importance to everyone in the coun- try than the economic effect on our company and the certified food color indus- try. Despite the relatively small size of this industry, our products are found throughout the food supply in the U.S. Except for a wholly inadequate supply of food colors derived from natural sources, the products of our industry are the only colors permitted for use in foods, drugs, and cosmetics in this country. Certi- fied food colors are synthetic chemicals that are ingested daily by the U.S. popu- lation. It is obvious that the public health must be protected by some sort of restriction as to what colors may be used and by the maintenance of standards for those colors of proven safety. Manufacturers must continue to produce col- ors identical with those originally tested and found safe for human consump- tom. We have such a system of control today. The Food and Drug Administra- tion certification requirements and standards are the highest in the world. In addition, U.S. manufacturers of these dyes have developed and exercise unusually close control of their production in order to provide a continuing sup- ply of safe colors for our candy, carbonated beverages, ice cream, desserts, and many other foods. When you realize that one pound of certified food color will color approximately 50,000 bottles of soft drink, and that in 1965 approximately 2.75 million pounds of color were certified for food use, the effect of our small portion of the dye industry on our food supply becomes apparent. Opening the way for many foreign dye manufacturers to supply our food industry would, I believe, create a most difficult situation for the Food and Drug Administration in attempt- ing to control the safety of edible coloring materials used in the United States. Probable effect upon company operations and the economy In addition to reduction of Our percentage of profit by a third or more, hnd the more rapid erosion of profits expected if the separate package abolishing A.S.P. were approved, we have estimated that our dyestuff and food color divi- sion would see a cutback of about 10% in the number of employees within a year or two if A.S.P. is abolished. If we assume that the other dyestuff pro- ducer in Berks County faces a similar prospect, our community can anticipate an economic loss as a result of fewer jobs and the resultant effect on goods and services on the order of at least $500,000 and perhaps as high as $1 million per year. Also of major importance is the effect on balance of payments of a decrease of sales of U.S. made dyes and an increase in sale of foreign made dyes. With respect to our own sales, we predict we will either have to manufacture abroad or abandon sale of products which at present represent a volume of close to $400,000-and another $1 million of sales would be virtually profitless and might have to be abandoned to foreign competition. While such adverse effects are not certain to result, they are made possible by the present and proposed tariff changes-a acT, given the strong interest, vigorous effort, and past inroads of foreign dyestuff interests in the U.S. market, we feel they are very likely to occur. To repeat, we see no offsetting prospect of PAGENO="0360" 4800 increasing export of our dyestuffs, particularly since foreign tariffs are only a part of the barriers we must surmount to compete abroad. SUMMARY AND RECOMMENDATIONS In summary, we at Crompton and Knowles Corporation see as prospective results of the tariff negotiations, particularly if A.S.P. is abolished as proposed, a reduction in our ability to invest in research, service, and productive facilities in this country and a change in our enterprise from one making a growing con- tribution to our economy to one forced to retrench. To prevent or minimize loss of American jobs, injury to essential profits of U.S. concerns, and serious adverse effects upon the U.S. balance of payments, we respectfully urge the Committee to: (1) reject those portions of the proposed Administration bill which would implement the separate package and abolish ASP.; (2) apply the maximum border tax and export rebate allowable under GATT rules to assist American manufacturers to compete here and abroad with foreign producers by offsetting at least to some extent the non-reciprocal aspects of the Kennedy Round; (3) impose countervailing duties, as permitted under GATT, to offset to the greatest degree possible the cost advantage granted to certain of our foreign competitors by their governments through forgiveness of so-called indirect taxes; (4) insure that in future trade negotiations the effect of differences in tax systems between ourselves and major trading partners is recognized and provided for to insure genuine reciprocity in access to world markets; (5) insure that industry advisors are more effectively involved with U.S. trade negotiations in the 1~uture. RESOLUTION 296 Whereas, the Council of the City of Reading realizes that the City of Read- ing is traditionally and vitally linked with the dyestuff and textile manufactur- ing industry; and Whereas, the Council of the City of Reading realizes that the future vitality of textile producers is vitally linked with technological developments, funds for which have been taken from profits protected by favorable tariff and duty costs to foreign producers; and `~\Thereas, substantial cuts in import tariffs and duties to the foreign producer may result in transfer of domestic manufacturing operations to foreign coun- tries with subsequent reduction in employment and real estate tax revenues, and further result in a $3,000,000.00 loss in national balance of payments if the existing American Selling Price System as a means of balancing competition between American and foreign dyestuff and textile manufacturers is abolished, now, therefore; Be it resolved that the Council of the City of Reading heartily urges the Congress of the United States of America to support retention of the American selling price system and that copies of this resolution be sent to the Congress- man representing Reading and Berks County and to both U.S. Senators from Pennsylvania. Passed Council June 28, 1967. (Original Signature) EUGENE L. SHIRK, Mayor. Attest: (Original Signature) RUTH M. THoMPsON, City Clerk. THE HARSHAW CHEMICAL Co., Cleveland, Ohio, May 31, 1968. Hon. WILBUR D. MILLS, House Office Building, Washington, D.C. Sm: We urge you to resist any Administration recommendation for elimina- tion of the American Selling Price system for valuing benzenoid chemical im- ports which may be made during Hearings before your Committee beginning June 4, 1968. PAGENO="0361" 4801 Our industry's trade organizations, Synthetic Organic Chemical Manufactur- ers Association and Dry Color Manufacturers Association, will present testi- mony and group data to clearly establish the adverse effect of ASP elimination upon domestic benzenoid chemical producers. We believe you will find this evi- dence most convincing. We shall appreciate any effort you may expend in behalf of the retention of the American Selling Price system for valuing benzenoid chemical imports. Respectfully submitted, R. A. LUCHT, President. MAGRUDER COLOR Co., INC., Newark, N.J., June 24, 1968. Mr. JOHN M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, Longworth House Office Bvilding, Washington, D.C. DEAR MR. MARTIN: Now is the time for Congress to come to the aid of the United States Pigment Industry. Magruder is one of the smaller manufacturers of organic pigments and have managed to survive within our own highly competitive system since 1927. Now, if ASP is abolished the stage will be set for the giant foreign producers to put on a dramatic play for our share of the market. Why is the elimination of ASP so important to the foreign interests? All but a few involved in benzenoids and chemicals now have domestic plants, offices, sales and service staffs and are constantly expanding these facilities. They are competing with our industry every hour and every minute of the day-why hand out the added incentive of abolishing our method of doing business which helped make America what it is today. Where has our common sense gone? Our greatness in developing this important industry? Where is our government of the people, by the people and for the people. All of us in the pigment industry big or small, are people-people earn wages-make the products we sell, spend the money they earn, elect our officials locally and nationally. They don't want to face the possibility of reduced wages, loss of jobs, they want to continue working and growing and continue being a part of this important industry. Thank you for the courtesy of allowing me to air my views against Title 4 of HR 17551 which could create a serious impact on our industry. Mr. Martin, please include my comments and views in the records of this hearing. Cordially, JOHN A. HOWARD, Vice President and General Manager. THE HILTON-DAVIS CHEMICAL Co., Cincinnati, Ohio, June 21, 1968. COMMITTEE ON WAYS AND MEANS, Longworth House Office Building, Washington, D.C. GENTLEMEN: We would like to make the following comments to your Com- mittee concerning the current hearings on U.S. trade policy and specifically on the American Selling Price system of tariff evaluation. The Hilton-Davis Chemical Co. Division is based in Cincinnati, Ohio and em- ploys approximately 950 people in the production of benzenoid chemicals includ- ing pigments, dyes and intermediates. We are convinced that abolition of the American Selling Price system will have a dire effect upon our industry and company. To illustrate the seriousness of the situation and verify the reasons for our apprehension, we have chosen four specific products that have been af- fected by foreign competition in the last two years and we present herewith the present status of those products which represent a substantial part of our busi- ness. So that we will not place ourselves in further jeopardy, we have coded the cited products as Intermediate A, Intermediate B, Pigment A and Pigment B. Further, since selling prices are easily recognized, we have converted all prices to the PAGENO="0362" 4802 common denominator of $1.00 per lb. as the American Selling Price. For example, if the real selling price were $2.00 per lb. and the import price $1.80 (before duty) or 10% less than the ASP, then, if the selling price is converted to the base of $1.00 per lb., the import price would be $0.90 per lb. or still 10% less than the conversion base. This enables us to keep all relevant factors on an equal basis without revealing confidential information. With the above explanation, we refer you to the attached chart where the following facts are evident: Intermediate A: The importer is now receiving the goods, before duty is assessed, at a price already 4% less than our manufacturing cost. If ASP is removed, the advantage will no doubt be enough to destroy our market. Intermediate B: The existing 35% importer's advantage (sold at less than our own cost even with ASP) has caused us to discontinue production of the mate- rial. Furthermore, while we have new patented process technology available, the 35% differential is sufficient to prevent us from erecting a new facility to make the product. Pigment A: While we continue to produce, the importer's duty paid price in the U.S. is only 25% over our cost, a marginal operating allowance since we must pay distribution, advertising, research, administrative and selling costs out of the difference before a pretax profit can be made. These added costs range from 10 to 15%. Pigment B: We are considering the discontinuation of this material since the importer's duty paid price is only 11% over our cost and we cannot operate profit- ably on that margin since we have at least 10% added costs to be paid (See Pig- ment A above). We also wish to point out that the attached calculations are based on condi- tions as they are now in 1988 when only the first tariff reduction has taken place under the Kennedy Round. Further tariff reductions can only worsen an already undesirable condition. In addition, we urge the Committee to note that the examples given are only a few of many such with which we must now cope. The inevitable result of the present Kennedy Round tariff reductions will be a reduction in our personnel while elimination of ASP will call for wholesale layoffs, an action entirely con- trary to the need and spirit of the times. It is our hope that the Committee will recognize and appreciate the urgency of our plea. It should be evident that tariff concessions already made have placed us in an unsatisfactory position. It is our view that the Congress should undertake a thorough investigation of trade and tariffs. Very truly yours, R. L. MARIENTHAL, Manager of Chemical Sales. Enclosure. (See chart on p. 4803.) NYANZA INC., Lawrence, Mass., June 17, 1968. Representative WILBUn P. MILLs, U.S. House of Representatives, House Ways and Means Committee, Washington, D.C. DEAn REPRESENTATIvE MILLS: According to recent press releases your com- mittee is currently hearing testimony regarding the effect of the Kennedy Round negotiations on the Chemical Industry. In addition, you are considering the effect of eliminating the ASP method of evaluation. Realizing that you will be besieged by countless pages of testimony, I shall keep my statement as brief as possible. I am president of a small dye manufacturing firm, Nyanza Inc. located in Ashland, Massachusetts. It was founded in 1919. We employ about 100 people directly, and 200 indirectly. A detailed analysis of tlìe effect of the Kennedy Round 50% reduction on tariffs on our profit picture is alarming, if not disastrous. Elimination of the ASP protection would in analysis, amount to a further reduction of about 30% in our present protection. For several years we have experienced strong competitive pressures in our markets from the giant chemical companies of Europe-Bayer, BASF, Hoechst PAGENO="0363" 4803 9 = *~~C C v) o~ -Q >~ = - ~ PAGENO="0364" 4804 (the old I. G. Farben in Germany), I.C.I., (Great Britain) and Francolor, (France), to mention some of the "nationalized" or "cartelized" giants whose annual sales exceed one billion dollars. Under these circumstances, providing them further leverage by eliminating 80% of our present tariffs, represents a substantial handicap to say the least. This is particularly true in light of their pricing policies involving tax rebates, subsidies, incremental costs, etc., many of which are not condoned by our anti- trust laws. In 1906 we presented exact data on the effect of these policies on our opera- tion to the Tariff Commission. These results, which I have reason to believe were in substantial agreement with other domestic dye producers, have never been made public, although I specifically authorized complete disclosure. We realize that we are a small problem on the scale of international trade values, but we hope our plight can he considered. Despite spending over one million dollars in the last few years for plant modernization, our future is dim indeed if the present protection afforded by tariffs based on ASP is reduced 80%. The ability of our employees to be "re- trained" and obtain equivalent jobs is highly questionable, as is the concept of government aid to develop new products for our specialized facilities. Very truly yours, ROLAND B. DERBY, Jr., President. STATEMENT OF WALTER L. MITCHELL, PRESIDENT, INTERNATIONAL CHEMICAL WORKERS UNION My name is Walter L. Mitchell. I am President of the International Chemical Workers Union. Our union is comprised of 420 locals and has a total membership of 110 thousand chemical workers. I appear before you today to voice our union's strong opposition to the elimina- tion of the American Selling Price and the implementation of the separate package agreement provided for in Title IV of HR. 17551. Our members are the most productive and although underpaid for this produc- tivity, they are better paid than chemical workers elsewhere in the world. We hope and indeed we expect in the years ahead to be more productive and to be far better paid. The United States and its chemical workers enjoy a higher standard of living than elsewhere in the world. This is as it should be. However, ever increasing imports from low wage countries pose a serious threat to the American chemical worker-indeed, a much greater threat than it does to the American Chemical Industry-they can and frequently do move abroad. Chemical workers abroad earn anywhere from one-half to one-fifth as much as the American chemical worker. The low wages paid to foreign chemical workers can and do affect the price of their chemical products. We see no rea- son why the United States chemical workers and the United States chemical industry should be subjected to unrestricted unfair competition from imported foreign products which derive such price benefits from the low wages paid to foreign chemical workers, even those who work for American companies abroad. It is for this reason that we are greatly concerned about the effect which the Kennedy Round and separate package agreements on chemicals will have upon the members of our union. ASP The International Chemical Workers Union and its 110 thousand members strongly supports the retention of American Selling Price for benzenoid chemicals. American Selling Price valuation is based upon the value of the product pro- duced in the United States, not upon the value of the imported product. As such, it reflects the cost of producing the product in the United States and not the lower cost of producing the product abroad. We see no reason in logic why cus- toms valuation should be based upon the lower cost of producing the product abroad, rather than upon the cost of producing it in the United States. By using the price of the foreign product, instead of the U.S. price, we are giving foreign producers, whether American in origin or not, a significant tariff advantage on top of the significant cost advantages they already enjoy. We therefore believe that American Selling Price valuation should be retained by benzenoid chemicals. PAGENO="0365" 4805 SEPARATE PACKAGE The Separate Package Agreement which would he implemented by H.R. 17551 involves more than just the question of whether or not American Selling Price valuation shoujd be retained. Even on the basis of the information submitted by Ambassador Roth, it is clear that this Separate Package Agreement involves substantial Tariff reductions in excess of the already large 50% reductions au- thorized under the Trade Expansion Act. In this connection, we joined with the other member unions of the AFL-CIO at our annual convention in December 1967 in passing a resolution stating: "No tariff cutting, beyond the authorization of the Trade Expansion Act, should be approved if there is any change of niethod of valuation such as ASP." The Separate Package Agreement is clearly inconsistent with this resolution in that the implementation of this agreement would, in and of itself, result in "tariff cutting beyond the authorization of the Trade Expansion Act." In this connection I believe that Mr. Andrew Biemiller, the Legislative Director of the AFL-CIO, made a very telling point when he pointed out that: "Those who support removal of Anierican Selling Price valuation argue that four industries-should not have a separate method of valuation because no other industry enjoys this special method of protection." But that: "By the same token, it seems reasonable to us that no industry should be given different treatment by being asked to absorb a greater than 50% cut." We agree fully with Mr. Biemiller on this point-no industry-and even more important the workers of no industry-should be given different treatment by being asked to absorb a greater than 50% cut. If we are going to consider the elimination of one method of valuation or another, we should not consider it on the basis of which is more widely used, but rather on the basis of which method of valuation is better. On this basis, we believe that there is far more justification for eliminating valuation based upon low cost foreign prices, than there is for eliminating of ASP valuation which reflects the cost of producing the same product in the United States. Rather thaii us having to adjust to their costs and their standards of living, they should have to adjust to ours. THE KENNEDY ROUND AGREEMENT ON CHEMICALS It is extremely difficult for us to understand how this country could have agreed to cut its chemical tariffs by 50% in return for a reduction of only 20% by our principal trading partners. Even under existing tariffs, chemical imports are already increasing rapidly. Given the higher costs prevailing in this country, it is hard to see how even equivalent tariff reductions by the United States and its principal trading partners will begin to generate as much in the way of increased exports as it would in increased imports. The idea of us even considering cutting our chemical tariffs by more than they did is absurd. As an experienced contract negotiator, it seems pretty clear to me what's been done. The European negotiators were pretty sharp. They negotiated this 50%- 20% Kennedy Round deal in order to make it look like they were really giving us something when they threw in the other 30% as a "concession" for the elimi- nation of the American Selling Price valuation. This "ploy" was so obvious that I simply cannot understand how our negotiators let them get away with it. As a result we are going to be adversely affected no matter what the Congress does. If you don't approve the Separate Package, we are going to get stuck with the unreciprocal 50%-20% Kennedy Round deal which will result in a far greater increase in our chemical imports than in our chemical exports. If the Congress does approve the Separate Package, the Situation is even worse. American Selling Price valuation will be eliminated and our benzenoid chemical tariffs will be reduced considerably in excess of 50%. Either way you look at it, its heads-they win and tails-we lose-only if its tails and ASP is eliminated and benzenoid chemical tariffs are reduced by more than 50%-we lose even worse. It makes you feel like a man who's been asked whether he would prefer to work for 10 cents an hour or 20 cents an hour. Of course he would choose 20 cents an hour, but it sure isn't much of a choice. We believe that this General Agreement on Tariffs and Trade ought to be like some of our labor contracts and have a renegotiation clause. Then if you get stuck with a bad agreement like has happened in chemicals, you can go back and straighten things out. PAGENO="0366" 4806 PROBABLE ECONOMIC EFFECT Mr. Chairman, in recent years international trade has had an increasing effect upon U.S. chemical workers. We have complained long and hard to management about the large number of plants they are building abroad. In 1960, out of every $9 the chemical industry invested in new plants and equip- :ment, only approximately $1 was invested abroad. In 1967, $1 in every $3 is being invested abroad. We have urged management to build these new plants in the United States and then export the products abroad. Management has taken the position that because of higher U.S. costs we could not export these products from U.S. plants and expect to be able to compete in the world market. I have to admit that until the last year or so I had suspected that this trade issue was being used as an excuse by management to move abroad as a means of maximizing their profits. However, in the light of these agreements negotiated in Geneva, it now seems clear to me that our foreign trade policy is in fact forcing U.S. chemical manufacturers to export jobs rather than chemicals. Our foreign trade policy may not be the only factor, but I believe that it is certainly a principal one. In 1961 the Honorable Willard Wirtz, Secretary of Labor, told the Joint Economic Committee that there was an "imperative need to create approxi- mately 5 million new jobs every year"-today the number may even be larger. The contribution of the chemical industry in creating these new jobs had been decreasing in recent years as a result of automation, technology, increased imports and investment in plants abroad. There is little we can do about auto- mation and technology-we are for progress. But at the very least, we can avoid pursuing a foreign trade policy which will only serve to increase imports and investment in plants abroad-two factors which have a vital influence not only upon the number of jobs which will be created but also the retention of existing jobs. Mr. Chairman, the elimination of ASP and implementation of the Separate Package Agreement will cause a loss of existing jobs and the dislocation of work- ers. Just as important, it will result in the exportation of even more jobs which would otherwise have been created in the United States. ADJUSTMENT ASSISTANCE AND THE ESCAPE CLAUSE Ambassador Roth told this Committee that he believed "that the adjustment assistance provision of this Bill will be adequate" to deal with the problem which will be caused by implementation of this package. While I support the liberaliza- tion of the standards for obtaining adjustment assistance, I would like to make it clear that these liberalized provisions provide no substitute for a man's job. Rather than providing adjustment assistance for workers who lose their jobs as the result of increased imports, we believe that it would be far better to pre- vent increased imports from reaching such injurious levels in the first place. It's like preventive medicine or preventive maintenance; it's a lot better to prevent the injury from occurring than to attempt to administer "first aid." Moreover, it is a little hard to see bow you can effectively cure an injury wltho~t removing the cause of the injuryi It is for this reason that while supporting liberalization of the criteria for according adjustment assistance, we also urge that the standards for invoking the "escape clause" be liberalized in the same manner. This would at least provide an effective means for either preventing the injury or at least promptly curing it rather than attempting to "adjust" to it. CONCLUSION In conclusion, the effect of foreign trade upon the jobs of our members is a subject of vital importance to us. We strongly urge that the Committee retain ASP valuation by rejecting the Separate Package Agreement. While we support liberalization of the adjustment assistance provisions, we urge that as a very minimum the escape clause provisions be similarly modified. However, I wish to make it absolutely clear that no amount of liberalization of the criteria for adjustment assistance or the escape clause can begin to warrant the acceptance of the unreciprocal 50%-20% Kennedy Round deal on chemicals or the even more unreciprocal Separate Package Agreement. I would like to express my appreciation for the opportunity accorded to me to appear here this morning to present the views of the International Chemical Workers Union and its 110,000 members. PAGENO="0367" 4807 OIL, CHEMICAL AND AToMIc WORKERS INTERNATIONAL UNION, Haledon, N.J., July 3, 1968. Re American Selling Price System of Tariff Valuation Benzenoid Chemicals. DEAR Mu. MARTIN: Local 8-95 of the Oil, Chemical & Atomic Workers Inter- national Union A.F.L.-C.I.O.-C.L.C. represents approximately 230 employees at the Haledon (New Jersey) Works of Allied Chemical Corporation. This plant produces organic pigments which are subject to the American Selling Price (ASP) System of tariff valuation. We firmly believe that the elimination of ASP, which is now being considered, would jeopardize the welfare of our members. Many of them have long years of service at this plant and face possible loss of jobs if tariff are based on foreign prices. We do not think the living standards of our members should be sacrificed so that foreign companies which pay substandard wages, may prosper. Local 8-95 wanted to express its opposition to the elimination of ASP to you and ask that you have its views included in the record of the hearings. Very truly yours, RAYMOND RIKER, President Local 8-95. INTERNATIONAL UNIoN OF DIsTRIcT 50 UNITED MINE WORKERS OF AMERICA, LOCAL 15143, Newa~rk, N.J., June 14, 1968. Mr. JOHN M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, Longworth House Office Building, Washington, D.C. DEAR SIR: International Union of District 50, United Mine Workers of Amer- ica, Local 15143 requests the following statement be included in the official record of hearings presently conducted by the Committee on Ways & Means on Trade and Tariff Proposals and HR. 17551. The officers and members of our union are 100 per cent opposed to any legis- lation which would eliminate the American Selling Price. We cannot emphasize too strongly our unanimous opposition to such a drastic and unwarranted move. The repeal of ASP is a direct threat to our jobs, our seniority our livelihoods. We urge that your Committee as not why Congress should eliminate ASP but why there is so much pressure from foreign countries for the elimination of ASP. Foreign nations are not concerned about the American workingman. They don't care what happens to him or his family. They do know, however, that if ASP is repealed that they will be able to move in and take over the benzenoid chemical market in the United States. They key word in the ASP issue is "labor". Labor produces benzenoid products in American plants and in foreign plants alike. Labor at $3.00 and $4.00 an hour cannot compete with labor that is paid 3 cents or 30 cents an hour. ASP recognizes this economic fact of life and provides a practical means to equalize the labor cost. Much attention has been focused recently on the employment problem in big cities with emphasis on the need to create new job opportunities for members of minority groups. Our union membership is composed of 85 per cent minority group workers. Most of them live in the city of Newark, New Jersey, where the employment out- look for minority group members is critical, and where many programs under federal and state sponsorship are underway to improve job opportunities. The elimination of ASP will certainly aggravate the already critical job situ- ation. It will add fuel to the fire of those who ridicule the fact that all too fre- quently one agency of government is working to achieve goals and implement programs while other agencies of the same government are moving in the op~o- site direction. Let us point out that our members, and they are mainly minority group work- ers, enjoy average earnings of more than $7,500 a year. Many of them have moved up through the ranks, adding new skills through training on the job, and have achieved earning levels, of $10,000 and $15,000 a year. These skills, however, are highly specialized. They cannot be used in other jobs. A retraining program that will qualify our members for jobs at half the pay they are now receiving is PAGENO="0368" 4808 a poor substitute and completely unacceptable. When the loss of seniority is added, this situation becomes intolerable. We are firmly convinced that the retention of ASP is vital to our union mem- bers and to their livelihood and security. We urge you strongly to preserve ASP and save our jobs from the unfair competition of cheap foreign labor. We are firmly convinced that the retention of ASP is in the best interests of the nation and the American worker, the American standard of living and the American way of life. We are firmly convinced that the retention of ASP is vital to the present effort to solve the urban crisis. We are firmly convinced that the retention of ASP is essential to the campaign to increase employment opportunities for minority workers. We are firmly convinced that the retention of ASP, in the long run, will encour- age fair competition and enhance international trade among all nations of the world. Very truly yours, A. SEBASTINAS, President, Local 15L~3. LOCAL UNION No. 14256, DIsTRICT 50, UMWA, El Segundo, Calif., July 5, 1968. Mr. JOHN M. MARTIN, Jr., Chief Counsel, House Ways and Means Committee, Longworth House Office Building, Washington, D.C. DEAR SIR: As employees of the El Segundo, California plant of Allied Chemical Corporation, we are involved in the production and handling of Benzenoid chem- icals. Consequently, we are concerned about the possible effects of eliminating the American Selling Price System on the job security of our membership. We would request that this concern be made a part of the record in the forth- coming hearing before the House Ways and Means Committee. Very truly yours, M. DEL SIGNORE, President. C. S. CIJMMINGS, Vice-President. P. A. HEDRICK, Recording Secretary. SOLVAY PROCESS WORKERS LOCAL 12457, DIsTRICT 50, U.M.W.A., Solva'y, N.Y., ,Jvly 5, 1968. Mr. J. M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, Longworth House Office Building, Washington, D.C. DEAR MR. MARTIN: We are attaching two copies of a letter sent to Congress- man James M. Hanley, and we request that this letter be included in the records of the hearing in regard to this matter. Sincerely yours, JOSEPH H. LEWIS, President. SOLVAY PROCESS WORKERS LOCAL 12457, DISTRICT 50, U.M.W.A. Solvay, N.Y., July 5, 1968. Hon. JAMES M. HANLEY, Congress of the United States, House of Representatives, Washington, D.C. D1~&R MR. HANLEY: As President of Local 12457, District 50, United Mine Workers of America, I am taking this opportunity to write to you in regard to the elimination of the America Selling Price system of tariff evaluation. This Local represents approximately sixteen hundred hourly employees of the Industrial Chemicals Division of Allied Chemical Corporation (Syracuse Works). In the departments manufacturing products there will be about three to four hundred jobs that will be eliminated by the Kennedy-Round and the proposed "2nd Package" tariff negotiations. PAGENO="0369" 4809 It is apparent tariff agreements must consider foreign border taxes and other trade barriers which may handicap American production. Any steps taken to increase chemical imports will not be beneficial to the American workman and will only serve to erode the chemical industry's business. l~\Te are well aware of your concern for the job security of the American work- man and we know that in regard to the administration's trade bill you try to protect our interests. Unfair competition from foreign chemical industries, we feel, cannot help but interfere with American job security and will eventually eliminate many job~opportunities in the chemical business. The chemical industry in this country is so highly competitive now the pos- sibility of chemical imports from foreign markets will raise havoc with the chemical business in America. Speaking for myself and on behalf of the members of this Local, we ask your support of our position and advise Chairman Wilbur D. Mills and other members of the Ways and Means Committee of our sincere concern in this matter. Your support on our behalf will be deeply appreciated. Sincerely yours, JOSEPH H. LEwis, President. DISTRICT 50, U. M. W. o~' A., LOCAL UNION No. 13890, Moundsvilie, W. Va., July 3, 1968. Mr. JOHN M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, House Office Building, Washington, D.C. DEAR MR. MARTIN: On behalf of Local # 13890, IJ.M.W.A., Moundsville, West Virginia, I would like to express opposition to the Administration measure call- ing for repeal of the American Selling Price method of tariff valuation. This method was originally incorporated as a provision of the Tariff Act of 1922 to enable the United States to build a strong dye and pharmaceutical industry and to provide us with independence from foreign manufacturers. ASP has served the country well and repeal of the law would directly affect the employment of 300 members of our local union who are employed in the chemical industry in Moundsville, West Virginia. The members of Local #13896 are employed at the Allied Chemical Corpora- tion in Moundsville, West Virginia, and personally know that some portion of their business will be lost if ASP is eliminated. Therefore, faced with the pos- sibility of loss of jobs affecting members of our local union, the membership of Local #13896, U.M.W.A., Moundsville, West Virginia, is absolutely and irrevoca- bly opposed to elimination of ASP. It is requested that this correspondence be included in the record of hearings onASP. Very truly yours, HOWARD A. GLENNDENNING, President. WALTER D. WILSON, Vice President. INTERNATIONAL UNION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA, Washington, D.C., July 11, 1968. Mr. JOHN M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, Longworth House O~flce Building, Washington, D.C. DEAR MR. MARTIN: As President of Local No. 12330, District 50, United Mine Workers of America, which represents nearly 1,500 working men and women at the Buffalo Dye Plant, Allied Chemical Corporation, I am writing to the Ways and Means Committee to request serious consideration be given the probable fate of these jobs if the American Selling Price tariff evaluation on Benzenoid Chemicals is sharply reduced or eliminated. My job, and the jobs of all the people at this plant, depend on the tariff protec- tion provided by the American Selling Price. If that should be reduced or eliminated, this country will be flooded with low-priced Benzenoid Chemicals produced by cheap Japanese and European labor. If this occurs, our plant could close very quickly and we would lose our jobs. 95-159--CS-pt, 1O-24 PAGENO="0370" 4810 Since it is impossible for me or my fellow workers to present our case directly to the Committee, I respectfully ask that this letter be included in the record of the hearings. Very truly yours, JEROME KAMINsKI, President. The CHAIRMAN. Mr. Moody, you have been before the conimittee many times in the past but for this record we would like for you again to identify yourself. STATEMENT OP JOSEPH E. MOODY, PRESIBENZ NATIONAL COAL POLICY COIIPERENCE, INC. Mr. MOODY. Thank you, Mr. Chairman. I was just sitting over there thinking the first time I appeared was on May 5, 1930. I was much younger then and much lighter weight. My name is Joseph E. Moody. I am president of the National Coal Policy Conference, Inc., an organization which speaks for all in- dustrial groups concerned with coal-producing companies, the mine workers as represented by the United Mine Workers of America, coal- carrying railroads and bargelines, coal-burning utilities, and manu- facturers of coal mining machines and equipment. I requested time to appear here today to express to this committee the growing concern over our present trade policies, of those com- panies and individuals which mine, transport, and consume coal, and not only as to the effects of that policy upon coal, but, more impor- tantly, as to the effect that policy is having and will have, on the long- term energy supplies for the Nation. As you gentlemen know, there is no coal imported into this Nation except in very rare and isolated instances. The reason is simple. Coal can be produced in this Nation-even with the highest wage scale in the world-transported and sold abroad in almost any nation, at prices below that of ind%enous coal. The unprecedented efficiency ~nd pro- ductivity of American coal mining has created a worldwide demand for U.S. coal. Even though coal exports are currently earning about $500 million a year for the Nation, and thus reducing our unfavorable balance of payments by this amount, the export potential is held down by a wide variety of nontariff barriers against the United States which have been imposed by coal-consuming nations in various parts of the world. Even though no coal is imported, the domestic coal industry is di- rectly affected by fuel imports. Imported heavy residual fuel oil com- petes directly with coal in the important ea~t coast fuel market. `I think it is proper here to point to the very different circumstances which surround the export of American coal to nations needing it because they have no suitable fuel of their own, or because producing it is too expensive `and the imports of foreign fuel oil into this country, which is `blessed with ample supplies of low-cost fuel of its own. A considerable part of America's coal exports are for metallurgi- cal use, and fill a real need in several other nations. The residual oil we import, however, is used for steam production and `heating, and thus is in direct competition with U.S. coal and also such domestic residual fuel as our own refineries find it profitable to manufacture. This has been declining for several years because domestic refiners convert as much of each crude barrel as possible into gasoline and other more PAGENO="0371" 4811 valuable light products for which an affluent American public provides a ready market. In 1959 domestic residual supplies available in district I-the At- lantic Seaboard States-totaled 121 million barrels. In 1967, domestic supplies for these States had declined to 76 million barrels, although at the same time the total consumption of residual oil, spurred by very cheap foreign imports, was increasing from 290 million barrels to 420 mfflion barrels. As I am sure you will recall, the President and his Cabinet deter- mined in 1959 that imports of petroleum, including residual fuel oil to be used as fuel, into the east coast of the United States, were growing so large as to be a threat to the national security. By proclamation, the President imposed quotas on such imports, with imports of crude and products other than residual fuel oil limited to a definite formula, wltich, if adhered to would have accomplished the original intent of the proclamation-to safeguard the national security. In actual practice, however, it has been progressively weakened since about the first year of the program, when an effort was made to hold imports down. After a few months, this determination gave way to expediency not a little affected by political pressures from those who sought unre- stricted imports, regardless of the economic impact on domestic fuel producers. From then until about 2 years ago annual quotas were established on a formula which, basically, took into account (1) cur- rent residual consumption in district I, (2) anticipated decline in do- mestic residual fuel oil in district I and available to the east coast from other districts; and (3) an allowance for a further increase based on the projected growth in the gross national product which the Secretary of Interior thought was necessary to insure foreign suppliers a pro- portionate share of the growth of east coast fuel market. Unfortunately, even this formula which did have some apparent reasonableness to it, was all too often violated as the Secretary of Interior granted special bonus quotas because importers imprudently used up their allocations before the end of the quota year. Neverthe- less, while this program., loosely as it was administered, was in effect a stable relationship was achieved between domestic fuels and imported residual oil along most of the east coast. In 1965, however, even the lax quota system was dropped and the Secretary substituted what he termed an "open end" system of permits whereby the only real limit on imports has become "what the market will bear." As the following facts will show, the impact of this move has been severe. In 1959, imports of heavy fuel oil totaled 172 million barrels. By 1965, under the so-called mandatory control program., imports had increased to 266 million barrels, an annual average increase of 15.8 million barrels. Under the "open-end" program, residual imports increased to 322 million barrels in 1966 and to 345 million barrels in 1967-an annual average increase of 39 million barrels in the past 2 years. A little more than four barrels of residual fuel oil is equive.ient. in heating value, to 1 ton of coal. Measured in this way, the magnitude of the competition to coal from imported residual oil is significant. In 1959, imports were the equivalent to about 43 million tons of coal. By 1967, imports had climbed to the equivalent of about 84 millioi tons of coal-an increase of almost 100 percent. PAGENO="0372" 4812 We do not contend, of course, that all of this increased market would have gone to coal if imported residual had not been available. However, it is certain that a substantial portion would have and it would have made a significant contribution to employment in such areas of our country as Appalachia. Just last week, I asked one of our more modern highly mechanized coal producing companies for figures on how coal consumption and, thus, production affect jobs in their producing area. This company reported that in 1967 it produced about 12.25 million tons of coal and provided employment for 4,100 persons, 3,815 of them actually working in the mines. Thus, for this company-and it is probably typical of most production in today's modern mines-each million tons of coal produced gives full employ- mnent to 311 miners, or 323 persons in all. On that basis, 84 million tons of coal, not produced, would have provided more than 25,000 American jobs. I might interject here that each million tons of coal produced in this country provide over 300 coal mining jobs to say nothing of the men employed to transport and to handle. The competition between coal and imported residual oil has been most intense in the New York, New Jersey, and New England area, particularly for the utility market, where the greatest growth po- tential for coal exists. In this area, the effects of increa~ed imports on coal markets are striking, and cause for serious concern. In 1965, 29,388,000 tons of coal were burned in this highly com- petitive area as a utility fuel. By the end of 1967-after only 2 years of increased imports of residual under the "open end" program, coal consumption by utilities actually declined to 26,764,000 tons, a loss of 2,624,000 tons. In the same period, residual oil consumption increased from a total of 56,917,000 barrels to 92,195,000 barrels, an increase equal to 8,- 466,000 tons of coal. Stated another way, coal's share of the highly important electric utilities market, declined from 62.2 percent in 1965 to 50.1 percent in 1967. The residual oil share of the market increased from 28.9 percent to 41.5 percent. By contrast, in the remainder of district I, where the competitive conditions are more equal, and cheap imported residual has not made such an effort to flood the market, coal has been able to maintain a constant share of the market. All of this emphasizes one fact. The east coast, and particularly the Northeast, is growing increasingly dependent upon imported residual oil as its primary industrial fuel. In 1959, imported oil accounted for 59 percent of total consumption of heavy industrial fuel oil on the east coast. In 1967, 82 percent of residual fuel oil consumed on the east coast was imported. It seems to me, Mr. Chairman, that in these facts are serious impli- cations for the Nation. The east coast, and particularly the Northeastern tier of States, is one of the most important, industrially and economically, in the Nation. Yet, its industry is becoming completely a hostage to offshore, unstable supplies of fuel. What happens if this supply of fuel is sud- PAGENO="0373" 4813 denly cut off by a political or military development which is outside of our control? How will the ensuing fuels' deficit be made up ? In the early days of World I/Var II this area faced the very same problem because of the disruption of shipping from the Caribbean. Then, it was a relatively simple matter for the Government to order a conversion from oil to coal. The consumption of imported oil was significantly smaller and excess coal capacity existed, which could be channeled rapidly into the area. But today, the area is 82 percent dependent upon imported oil. To replace it would require more than 80 million tons of coal. Frankly, gentlemen, I have the most serious doubts that another 80 million tons of coal production could he secured without a long leadtime and reallocation of existing coal markets in other areas which in itself could cause serious economic dislocations. The conversions of burning equipment is now so complete, that even if the coal were available, it would be questionable if it could be burned. The production of domestic residual oil could not be increased to this great an extent without creating real problems. The Government could, under its emergency powers, decree that refineries must increase the ratio of residual oil produced from every barrel of crude oil. Con- ceivably, the ratio of residual could be increased to a point where the industrial fuel deficit on the east coast could be overcome, but any increase in residual production would mean a corresponding de- crease in the production of gasoline, lighter heating oil, jet fuel, and the many other lighter products which are essential to our industrial society. I realize, Mr. Chairman, that the possibility of a disruption of off- shore oil supplies has been discounted by the Government. The De- fense Department has stated, according to a memorandum, prepared by the Office of Emergency Planning, that it can keep the sealanes from the Caribbean open under any foreseeable military situation. Perhaps they can do this, but would not all of our military might be completely impotent in the case of an embargo of oil shipments to the United States for political reasons? The recent Suez crisis is a reminder that nonmilitary action is just as effective as a blockade in stopping oil shipments. Mr. Chairman, today the residual oil used by electric utilities on the east coast produce electricity which is equivalent to 22 percent of the total power production in the area. Should offshore residual oil supplies be cut off, this huge block of power would have to be made up in some fashion. It takes time to build a new powerplant, and there is a limit to the amount of power which can be drained from other sections through intertie now being developed by utilities. It seems to me, Mr. Chairman, that our present trade policies as they apply to residual oil imports completely ignore these inherent dangers. Assistant Secretary of the Interior, J. Cordell Moore has stated on a nmnber of occasions that the United States cannot be dependent on for- eign sources for oil which might be denied us through war or political instability. Secretary Moore's comments were made in support of the crude oil import program but in view of the growing dependence of the east coast on imported residual oil, they are just as valid when applied to the residual program. PAGENO="0374" 4814 There is another aspect of the oil import program which is causing considerable concern because of its impingement upon our interna- tional financial situation. It costs money, paid out in dollars, to buy residual fuel oil in foreign producing countries. This adds to our balance-of-payments problems. A' significant portion of each dollar paid in this country for residual fuel oil finds its way to the producing country in the form of taxes and other charges levied by the Government of the producing country. Just how large is this portion is difficult to determine. However, the bill for foreign residual oil comes to at least $600 mil- lion a year and a substantial portion goes to foreign nations for drill- ing and production rights, and charges for transportation in foreign- owned oil tankers. The drain on the dollar increases with every increase in residual oil purchased abroad. There can be no question about the foreign oil pur- chases affecting adversely our balance of payments. The only question is just how large is the dollar drain. Mr. Chairman, I believe the facts I have presented clearly show that the residual oil import control program has not been administered to achieve the objectives which it was originally set up to achieve. (1) It has not protected the national security, by assuring an `ade- quate and sure supply of heavy industrial fuel under all possible circumstances. (2) It has not protected the essential domestic coal industry against foreign competition. This has been costly in terms of jobs, it requires more than 300 production workers for each million tons of coal mined in this Nation, even with the high degree of mechanism which has been achieved. The equivalent of 80 million tons of coal now consumed in the form of foreign industrial oil adds up to thousands of jobs and millions of dollars in payrolls and income for American workers and businesses. (3) It has not prevented a significant area of the Nation from be- coming overly dependent upon `a foreign industrial fuel. No longer can we close our eyes to the potentially dire consequences to the economy of the east coast of a sudden halt, or an even sharp reduction in resid- ual oil shipments to this country due, to use the words of Assistant Interior Secretary Moore, to "war or political uncertainty." Now, the Government proposes an action for which we can see no justification and which would compound the whole problem of depen- dence on foreign petroleum sources, both for residual fuel oil and for crude oil as well, many times. The Secretary of the Interior has pub- lished a proposal in the Federal Register to set up a system granting bonuses for the import of additional crude oil and unfinished oil to refineries which produce low sulfur residual oil for consumption in areas where low sulfur fuel is required by Federal, State, or local reg- ulations. I will not argue the merits of this proposal here, save to point out that there is substantial scientific opinion that the presence of sul- fur oxides in the ambient atmosphere normally found even in urban centers has never been proven to be a serious menace to health. I could cite many authorities for this point of view and would be glad to supply that to the committee if you would like. Since this substantial doubt does exist there certainly seems to be no excuse for further gar- roting the import control program not only for crude petroleum but PAGENO="0375" 4815 also for residual fuel oil by the `Secretary of the Interior on the flimsy excuse that it is necessary to aid the campaign for air quality improvement. I believe the time has come to take a new look at, and a new approach to our trade policy as it affects residual fuel oil imports. I do not `be- lieve there is any equity in a policy which permits af foreign fuel to take over an important domestic market-not only the existing market but the growth market as well. The coal industry appreciates the need for this Nation to maintain a two-way trade. We question, however, whether the Congress intended, in adopting the Trade Agreements Act, for the traffic to become one-way-----foreign industrial oil flowing into this Nation to the exclusion of domestic products. We suggest, Mr. Chairman, that this committee give serious consid- eration to remedying this deplorable situation which has built up over the past decade, and which all evidence suggests will continue to grow more severe rather than improve. We suggest that a formula be adopted under which foreign oil would be permitted to share in only a part of the growth market for industrial fuel on the east coast-not monopolize the entire growth market as it does at present. I have serious doubts that this objective can be achieved under the present system of the Congress delegating rulemaking authority to the executive branch. Experience during the past decade has proved this to be a complete failure. No semblance of a stable relationship between domestic and imported industrial fuel has been maintained. This, I submit, is what is urgently needed. We are not asking for an embargo on residual oil imports, or even a significant cutback in current imports. What we are asking is that imports be required to share the growth market with domestic fuels. This can only be achieved by this committee and the Congress writing a formula to achieve this objective and then requiring the executive branch to see that it is carried out. We fully endorse the objective of several bills now pending before the Congress to establish by legislation a guarantee that the present import limitation on crude oil, which is set at 12.2 percent of domestic production in the most recent comparable period for which statistics are available, be kept intact. We believe that it is essential to the national security that America be self-sufficient in fuels including petroleum and thus a strong dependable domestic petroleum industry must have the national support. We likewise believe that the Nation must maintain a strong coal industry, one which is able to fill any emergency demand for essential heating, power, and industrial production that may develop; and we do not think that a continuing eroding away of coal's east coast markets in what seems to `be a Government policy decision t'o turn over much of that area's energy supplies to offshore fuels is consistent with this objective. Therefore, we urge that an amendment be adopted to whichever of several bills limiting crude oil and other product imports to provide a comparable reasonable legislative limit on the further growth of residual fuel imports. Despite the damage we have suffered in the past and the serious loss of markets that has already taken place in the Northeast, it would probably be unrealistic to seek congressional action sharply reducing PAGENO="0376" 4816 current import levels. We also recognize that it might be impractical to seek a rigid numerical limit on such imports in the future. How- ever, we do not think it is either impractical or unrealistic to ask that Congress recognize the national security dangers involved from a military and from a domestic economy standpoint and set up leg- islative guidelines which would insure that domestic fuels, principally coal, would not be driven still further out of its present proportionate share of the east coast fuel market. This regulation might follow the lines of the formula which was once use and then abandoned by the Department of Interior whereby annual quotas would be set at current imports as a base and adjust- ments limited to anticipated changes in the amount of domestic residual fuel oil produced for east coast consumption along with reasonable allowances for changes in total fuel demand in these market areas. I believe some such formula is reasonable in these market areas. I believe some such formula is reasonable, could not be seriously opposed by foreign nations supplying us with residual fuel oil or by those who import and use it in this country and that is absolutely essential to guard the national security. I fully realize that a number of spokesmen have appeared before this committee and warned of the long-term dangers of adopting a system of quotas governing our imports. But, I insist, the long-term danger of permitting present policies and trends to continue-trends which are closing domestic markets to domestic fuels-is much more grave than that inherent in taking the necessary remedial action. Mr. Chairman, I thank you and members of the committee. The CHAIRMAN. We thank you, Mr. Moody, for bringing your views to the committee and also cooperating with the committee. Are there any questions of Mr. Moody? Mr. CURTIS. Yes, Mr. Chairman, just a few. * The CHAIRMAN. Mr. Curtis. Mr. CURTIs. What was the U.S. coal consumption in 1967, or can you supply this for the record? Mr. MOODY. About 564 million. Mr. CURTIS. 564 million. What would it have been in 1960? Mr. MooDY. In 1958 and 1959 with the low point it was 393 million. Mr. CrmTIs. There has been an increase. I just want to be sure I am correct. There has been an increase in coal consumption. Mr. MOODY. Yes, sir, Mr. Curtis. There were many people in this country that decided at that time that the coal industry was dead. The only people that weren't aware of it were the people in the coal industry. Mr. CmiTIs. Yes, I think you made a splendid record. Incidentally, you talk about these nontariff barriers. I am aware of them but it is interesting to note though that Belgium and Western Europe where you are shipping a lot of coal to- Mr. MOODY. Yes, sir. Mr. CUR~ns (continuing). Are phasing out their coal industries be- cause of this U.S. efficiency aren't they? Is one use of their nontariff barriers over there, whether right or wrong, to slow down the phase- out? Mr. MOODY. Well, one of them. Most of the time, however, they just limit the amount of American coal they can take which is the minimum amount that they have to have to bolster up this economy. PAGENO="0377" 4817 Mr. Cuims. But that minimum amount increases each time and I again say-I am not pleading the case one way~ or anot;her-they use some of the money they gain from these nontariff barriers- these are supposed. to be tariff barriers-for retraming their coal miners hi accordance with this phaseout program. Let me ask you another question. You have been directing your at-. tention to the use of coal as a dust or a fuel, but it also has an im- portant use, or did have, at any rate, in petrochemicals. Is that use pretty well phased out? Mr. MOODY. Yes. The use of imported crude in the petrochemical industry pretty well stopped that of coal. Now, when you get into the chemical industry then there is another phase that is probably the big growth phase in our industry and it is the reason why we have so many, may we say, cousins that are now interested in controlling coal companies in the oil industry and other industries and that is in all probability the future in the United States will depend greatly on the production of liquid and gaseous fuel from coal because Sam Schurr in the "Resources for the Future," his latest book, comments that the availability of resources -from coal really doesn't make much difference. It is so great that a few billion or trillion tons won't make any difference. - Mr. Cuirns. The reason I asked this is that one of the chemicat com- panies, one in my own district, Monsanto, has urged that we not put on import restrictions on crude oil because they use it for their raw materials in the petrochemical field. Mr. MOODY. That is correct and they can use the cheapest of that oil and it has a great contrast in price as against the domestic. Mr. CuRTIs. But at~ present coal has pretty well phased out petro- chemicals as a raw material? Mr. MooDY. That is correct. One of the companies that I know you are familiar with, Spencer Chemical Co., at one time was very active in that and they have gone into the petrochemical rather than the coal chemical. Mr. Cun'ris. One other question. Although I would essentially get this information from the oil people, I would like to have it from an outside observer too. I have read material that indicates that one reason we have residual oil coming in from Venezulea, for example, is that they do not impose similar conservation practices on the ex- traction of oil and the refining of oil, and that to a large degree there isn't this kind of residual oil generated domestically because our con- servation and other laws require that it be refined rather completely and thus they don't generate it. Do you have any comment on that? Mr. MOODY. Well, you and I could stay here all day on this one, but let's say very quickly your domestic production of residual is about 6 or 7 percent of your barrel and because of the nature of your crude in Venezuela your residual production is about 60 percent. of the barrel. You get into the refinery game and then it becomes what is your maximum amount of money that you can get out of each barrel and what is the combination of products that go with it. Mr. ~uu~ris. This is what I am getting at.. Let's leave it this way, if you would, for your industry to supply this for the record. If there is a big differential in the conservation practices imposed on our domestic PAGENO="0378" 4818 oil industry by our States and our Federal Government in contrast to that of Venezuela, then this becomes a very important nontariff trade barrier. It may be that Venezuela in the long run is hurting its own economy by not imposing stricter conservation laws. I don't know. But I would like to know a little more about this because this enters into this area that we have been discussing of nontariff barriers which are increas- ingly looming into importance in international trade. Mr. MOODY. I think, Mr. Curtis, that you would find it very interest- ing to discuss this matter with people from Venezuela. Mr. Gurfinkel is here most of the time. Mr. CURTIS. I have discussed it with him and others. Sometimes we get better criticism from outside observers, particularly since this issue is one of the causes of the heavy imports. Mr. MOODY. That is one. Of course they have a problem there of be- ing in the good graces of the big companies that they are doing busi- ness with too but they also have a serious problem in the world petro- leum service that gives them some sleepless nights in Venezuela. We have never at any time asked for any consideration as far as the coal industry is concerned of domestic production. That is a domestic fuel and we will just take our chances and they will either beat our brains out or we will beat theirs, one or the other. When it comes to this foreign combination, however, then that is a different breed and we get all the way into the various applications of tax policy and every- thing that goes with it but we honestly believe that the United States of America as a nation does have the necessity for having available to it a domestic source of fuel and energy, and history tell us that every country that ever got into the position of buying its energy went broke and we would just as soon not do that, especially when we have these resources here. We just haven't developed our domestic resources with the exception of course of the atomic. Mr. Guirns. Thank you very much. The CHAIRMAN. Any further questions ~ Thank you again, Mr. Moody, for bringing to us your statement. Mr. MOODY. It is a pleasure being here. The CHAIRMAN. Without objection the committee will recess until 2 o'clock this afternoon. Our first witness will be Mr. Norton. (Whereupon, at 12:45 p.m., the committee recessed to reconvene at 2 p.m., the same day.) A131~ER RECESS (The committee reconvened at 2 p.m., Hon. A. Sydney Herlong, Jr., presiding.) Mr. HERLONG. The committee will be in order. The first witness this afternoon will be our colleague from Missis- sippi, the Honorable William M. Colmer. Welcome, Mr. Colmer, pro- ceed as you see fit, please. PAGENO="0379" 4819 STATEMENT OP HON. WILLIAM M. COLMER, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP MISSISSIPPI Mr. COLMER. Mr. Chairman, I wish to make a statement in support of H.R. 8922, a bill to regulate imports of milk and dairy products. Section 22 of the Agriculture Adjustment Act has not been effective in dealing with dairy products. At this time, there are large quantities of foreign dairy products being imported into the United States with- out any controls. These various dairy products are being imported in ever-increasing quantities, adding to the numerous problems facing dairy farmers and their cooperatives, and increasing the cost to the Government in its operation of the price support program. There is an urgent need for these regulations, and in order to prevent disaster in this industry there must be legislation limiting dairy im~ports. I ask for your careful consideration and approval of H.R. 8922. Thank you. Mr. HERLONG. Are there any questions; if not, then thank you again, Mr. Colmer. Our colleague, the Honorable W. M. Abbitt of Virginia, is our next witness. Welcome, sir, you are recognized. STATEMENT OP HON. W. M. ABBITT, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP VIRGINIA Mr. ABBITr. I would like to point out the dangers to our domestic dairy industry in the continuance of our present policy of setting im- port quota systems on dairy products. The problem is very simple. We have quotas on some dairy products, do not have quotas on others. So, importers simply turn `their surplus milk into the products which are not limited by quotas. Furthermore, by slightly changing the form of a dairy product which is under a quota, the new product is imported without any limitation in complete evasion of the law. As many countries increased ex~port subsidies, milk production in- ereased. With these subsidies, surplus dairy products are being shipped to this country at prices undercutting the American market. What is needed is a system of effective quotas so that our domestic market will he preserve~ for our dairy farmers. This can best be done-in my opinion-under the Dairy Import Act which I have introduced as H.R. 5032 along with bills by over 200 other Members of the House. This bill would set effective quotas on all dairy products and would end once-and-for-all the use of these evasion techniques. It seems that as soon as one dairy import loophole is closed, the im- porters figure out another one. You have seen what has happened. When a product starts taking a large share of the American market, section 22 action is taken and quotas are set on these products after injury has already been sus- tained. For example, evaporated milk was not under any quota. On June 10 of this year the President issued a proclamation setting temporary section 22 quotas on evaporated milk. If the Dairy Import Act were PAGENO="0380" 4820 enacted, such hurried emergency action would not, be necessary and we would have quotas which stabilized the dairy industry. This is more than just a problem for the American dairy farmer. It is a problem for the consumer. We must produce fresh milk in this country. We can't import it. And, the dairy farmers must also have a market for dairy products so they can sell their surplus milk in the form of dairy products such as cheese and dry milk. This import problem adversely affects our balance of payments. It is estimated that the dollar drain, resulting from importing dairy prod- ucts, was nearly $70.5 million in 1966 and nearly $74 million last year. Consider the effect on the price support program. The U.S. Depart- ment of Agriculture bought nearly $185 million worth of butter, al- most $176 million worth of dried milk and $93.8 million worth of cheese during 1967. While the USDA was using funds to buy surplus dairy products in this country, we were allowing importers to ship dairy products into this country. This problem has been growing with each successive year. We take emergency action but this does not solve the problem. It only stops imports for awhile until a new product is developed which does not come under any quota. And, if you have any dairy farmers in your district you've heard from them about this. They want something done about the import problem. They are unanimous in their support of the Dairy Import Act. My bill would limit dairy product imports to the average butterfat and nonfat milk solids shipped into this country from 1961 through 1965. The import quotas would increase if our domestic consumption increased and in the same ratio. The President could authorize addi-. tional imports in the national interest. The bill is flexible and allows importers to share in our markets. ` Any study of the dairy import situation shows a need for such per~ manent legislation. Our dairy farmers are in trouble and they need effective limitations on unchecked imports. The' problem is dramatized every time section 22 action is taken. We can take a position now and set effective quotas and stabilize our dairy industry. * Mr. HERLONG. Thank you, Mr. Abbitt, for bringing to us ~your thoughts. Are there any questions ? The next witness is the Honorable Howard W. Robison of Ne~v York. Mr. Robison, we appreciate having you with us and you are recognized. STATEMENT OP HON. HOWARD W. ROBISON, A REPRESENTATIVE IN CONGRESS PROM THE `STATE OP NEW YORK Mr. RoBIsoN. I would like to request that consideration be given, to my bill, H.R. 9051, and similar measures, to regulate imports of milk and milk products. As I am sure you are well aware, large quantities of dairy products are presently imported into the United States without any controls. The Presidential proclamation of June 30, 1967-under Section 22 of the Agricultural Adjustment Act-provided some relief to domestic PAGENO="0381" 4821 dairy farmers, however, many loopholes still exist through which for- eign dairy products are being imported in ever-increasing quantities. This only adds to the many problems facing the dairy farmers and their cooperatives and increases the cost to the Federal Government of the price support program. The Dairy Import Act that I have proposed would restrict imports to the annual levels of the years 1961 through 1965 and would tie future imports to consumption based on the same years. It would, how. ever, give the President power to permit additional imports for over- riding economic or national security reasons, so long as milk prices received by dairy farmers are at or above the parity price. On behalf of the dairy farmers and their cooperatives in my district and throughout the country, I respectively urge your favorable con- sideration of the Dairy Import Act. Mr. HERLONG. We appreciate your bringing to us your thoughts, Mr Robison. The next witness is from Arizona, the Honorable John J. Rhodes. Mr. Rhodes, we appreciate your being with us this afternoon and you are recognized, sir. STATEMENT OP HON. JOHN J. RHODES, A REPRESENTATIVE IN CONGRESS FROM THE STATE OP ARIZONA Mr. RhoDEs. Mr. Chairman, I introduced I-LR. 5744, to regulate the imports of milk and dairy products, in the honest belief that such legislation was warranted to afford needed protection to the dairy farmers and cooperatives of my district, and of the Nation. I am, of course, acutely aware of, and sensitive to, the policy of the Nation to reduce trade barriers and encourage international commerce. Never- theless, I am sure we all agree that in some instances there may be such disruptive influences on various sectors of the domestic economy to justify the imposition of restrictive measures. I believe that such is the case with the dairy farmer in America. That the American dairy producer has suffered at the hands of increased dairy imports has been recognized in past legislative enact- ments. Indeed, the Presidential proclamation of June 30, 1967, made pursuant to section 22 of the Agricultural Adjustment Act recognized the plight of the domestic dairy industry and provided some degree of relief. But, many loopholes were left open for the importation of foreign dairy products, and foreign producers have been taking advan- tage of these loopholes to the extreme detriment of the American dairy industry. Among the dairy commodities passing through these loopholes have been evaporated milk, chocolate crumb, and various cheeses-all of which are being imported in ever-increasing quantities. It is especially interesting, in this regard, that the increased problems such importation have caused to domestic producers have resulted in increased costs to the Federal Government in its operation of the price support program. The apparent ineffectiveness of section 22 in protecting the American dairy industry strengthens the need for the kinds of regulation of imports provided in H.R. 5744. The dairy industry has always been of great pride to American agriculture and to the American people, and I join with my many colleagues in respectfully urging the com- PAGENO="0382" 4822 mittee's support of this legislation which would provide them with needed safeguards against imports which threaten their competitive situation. Mr. HERLONG. Thank you, Mr. Rhodes, for bringing to us your thoughts. Are there any questions? Our colleague from Florida, Mr. Pepper, is our next witness. Wel- come Mr. Pepper, proceed as you see fit. STATEMENT OP HON. CLAUDE PEPPER, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP FLORIDA Mr. PEPPER. On May 24, 1967, I joined eight of my colleagues from the State of Florida in introducing ELR. 10313-a bill to provide for flexible, realistic controls on the importation of dairy products. The proposed legislation would close the loopholes in the existing law through which dairy products are shipped into this country in evasion of set quotas. It would limit imports to the average butterfat and nonfat milk solids shipped into this country in 1961 through 1965. Furthermore, the quotas would be increased to reflect growth in the domestic market. In other words, importers would share in the American market growth but at the same time preserve the domestic market for our dairy farm- ers against imports above a representative base period. It must be emphasized the bill does not close the doors to imports of dairy products. My bill will not interfere with beneficial foreign trade between the importing and exporting nations. Without going into a great deal of statistical data on the need for the proposed legislation, I need only point out what happened to dairy imports since some action was taken under existing law on June 30, 1967. At that time, quotas were imposed on certain dairy products but not on evaporated and sweetened condensed milk, chocolate crumb, and certain cheeses. As a result of no quotas on these commodities, huge quantities of chocolate crumb have entered into the United States and ever-increasing quantities of evaporated milk and, recently, certain uncontrolled cheeses are being imported. Our dairy farmers need effective controls over the imports of dairy products. My bill-H.R. 10313-and those sponsored by over 200 Members of the House of Representatives will provide this assistance. Mr. HERLONG. We appreciate your bringing to us your thoughts, Mr. Pepper. The Honorable Albert H. Quie, of Minnesota, is our next witness. Welcome, sir; you are recognized. STATEMENT OP HON. ALBERT H. QUIE, A REPRESENTATIVE IN CONGRESS PROM THE STATE OF MIN~SOTA Mr. QtJIE. On March 6, 1967, I introduced a bill, H.R. 6639, to regu- late imports of milk and dairy products. Some 200 other Members of the House of Representatives, sharing my grave concern for the plight of the American dairy farmer, have introduced similar bills. Imports of dairy products from 1961 through 1965 averaged 843 million pounds of milk equivalent annually. In 1965, imports amounted to 918 million pounds. Imports jumped to 2,775 million pounds in 1966. PAGENO="0383" 4823 During the first half of 1967, imports were running at an annual rate of nearly 4,300 mfflion pounds. In the face of this tremendous upsurge in imports, the President imposed import quotas in June 1967, on American-type cheese-other than Cheddar, which was adready subject to quota-and butterfat- sugar mixtures in bulk form. As a result of this action the rate of im- ports declined during the second half of 1967. However, total imports of dairy products for the year still amounted to 2,800 million pounds of milk equivalent. On June 10, of this year, the President proclaimed temporary im- port quotas on condensed and evaporated milk, and directed the Tariff Commission to investigate the need for quotas on chocolate milk crumb, butterfat-sugar mixtures in retail packages, and most types of cow's milk cheese which are not now under quota. While I commend the administration's actions to reduce the flood of imports, I do not believe such action negates the necessity for some type of quota legislation. The administration's record on utilizing the provisions of section 22 of the Agricultural Adjustment Act has been one of too little, too late. The bill which I introduced, H.R. 6639, provides for a flexible quota system. That is, as the domestic consumption of dairy products in- creases, imports will be increased by a corresponding percentage. 1 believe this would provide a fair and equitaible means for the sharing of our market by U.S. and foreign producers. The base for determining future imports, as provided in the bill, would be the average annual quantities admitted for consumption during the calendar years 1961 through 1965. I note that the Presi- dent's proclamation of quotas on condensed and evaporated milk called for quotas to be established on the basis of 1967 imports. In 1967 total imports were three times what they were in 1965! If 1967 was used as a base year for all import quotas, foreign producers would gain a disproportionate share of the market. Thus, the desirability of basing imports on the 1961-65 annual average can be readily seen. Mr. Chairman and members of the committee, I appreciate the op- portunity to express my views on the dairy import situation. I know that you will receive a more detailed analysis of the problems facing the American dairy farmer from witnesses testifying before the com- mittee. I share their concern and urge that you give favorable con- sideration to dairy import legislation. Mr. HERLONG. Thank you, Mr. Quie, for sharing your views with us. Are there any questions? The next witness, Mr. Ancher Nelsen, our colleague from Miii-. nesota. You are recognized, sir. STATEMENT OP EON. ANCHER NELSEN, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP MINNESOTA Mr. NELSEN. Mr. Chairman, an increasing number of consumer groups, farmers, and their Representative in Congress have become alarmed at the continuing high level of dairy imports. The President acted about a year ago to invoke section 22 quotas on the floodo'f colby cheese and Junex butter-sugar mix that was being dumped in American markets at that time. Most recently, he invoked PAGENO="0384" 4824 additional section 22 controls to stem the rising tide of dairy imports that have been coming in through remaining loopholes in existing tariff barriers. This time the President acted against condensed and evaporated milk imports, levels of which were increasing at staggering rates. It can be argued, in fact, that the President invoked the section 22 controls in an attempt to forestall action on the part of the Congress. Unfortunately, these actions on the part of the executive branch are no substitute for adequate import legislation. Remaining loopholes are being used to unfairly preempt American markets for other types of dairy products. Present regulations limit the importation of whole loaves of Italian-type cow's milk cheese, so importers are now cutting the loaves before entry. They are also grat- ing the cheese before arrival to get around these restrictions and have succeeded in dumping over 1,494,000 pounds of Italian-type cheese in America in 1967. This represents an increase of over 352 percent from 1966. An additional area of danger is chocolate cnunb, used in the prepa- ration of ice cream, candy, and baked goods. This is a chocolate-butter- fat-sugar mixture relatively unknown in international trade until it was discovered that it was a handy vehicle with which to dodge import restrictions. There are two additional factors we should also take into considera- tion when dealing with the flood of dairy imports. The first is that a great percentage of the dairy products entering American markets are the excesses of European nations. Exceptionally high dairy prices in these coirntries result in production far greater than the respective nations can consume. The governments are then tempted to subsidize sale to any nation that will buy their surpluses. This is not free trade or fair competition. The second factor we should rernernher is that no other country in the world requires such strict sanitary standards for its dairy products as does the United States. The capital outlay for standard facilities to insure wholesomeness would be unthinkable in almost any other country. Our compassion for foreign dairy farmers seems to go to a fault in this respect: for, while we require a pound of cheese made in America to pass rigid standards of sanitary quality from cow to factory, to consumer, we require American sanitary standards for imported fresh milk and cream alone. All other dairy products imported are given cursory checks that leave untouched and uninspected the vast bulk of dairy imports. A striking example of this cropped up F~bruary in Salt Lake City. Utah is not a place where one would expect to find contaminated im- ported goods, and it is indicative of the limits of our inspectors that this shipment got to the Rocky Mountains imf ore it was discovered. The Amtraco Commodity Corp. imported 830 30-pound cases of a butter-sugar mixture from the United Kingdom. Upon chemical test in Salt Lake City, it was found to have a concentration of a compound known as BHC, benzene hexachloride, a pesticide used primarily on cotton in this country, and never used on or near things intended for human consumption. PAGENO="0385" 4825 It is to the credit of the Food and Drug Administration that the contaminated mix was discovered before it reached the tables of thousands of Americans. The fact remains, however, that we do not have adequate means to protect our citizens from second-rate foreign imports. The first step, in my mind is the enactment of an adequate dairy import bill similar to one sponsored by 202 Representatives and 59 Senators. My bill, H.R. 4768, would limit import levels to the average of those during the 1961-65 period, with an allowance for the growth of the market. Your committee's expeditious approval of this proposal would go a long way to help relieve the hardships of the American dairyman, protect the consumer, and help insure fair competition. Mr. HERLONG. Are there any questions? Thank you, Mr. Nelsen for sharing your thoughts with us today. Our colleague from New York, the Honorable Samuel S. Stratton, is our next witness. Welcome, sir. STATEMENT OP HON. SAMUEL S. STRATTON, A REPRESENTATIVE IN C0N~R~SS PROM THE STATE OP NEW YORK Mr. STRATTON. Mr. Chairman, I appear before the committee on behalf of my bill, H.R. 6404, to regulate imports of milk and dairy products. The problems facing our dairy farm~ ~ers today are well known to all of us. My own district in New York State is a very important dairy area comprising small family farms. Like all other dairy areas in the Tjnited States, they have been severely hurt by the increasing rate of dairy imports, particularly over the last several years. During 1966 imports of all dairy products into the United States increased by almost 300 percent over 1965 which took a considerable bite of the domestic milk and butterfat market. Imports of butter fat-sugar mixtures during 1966 were about 95 million pounds compared to only 3i/2 million pounds in 1965. Imports of Colby cheese also increased considerably during 1966. Through September 1966 imports totaled 28 million pounds, more than double the amount imported during the same period in 1965. The excess of European surplus dairy products during the first 6 months of 1967, coupled with increasing pressure on Congress and the President to remedy the situation, prompted the President under authority of section 22 of the Agricultural Adjustment Act to take action reducing imports of dairy products from an annual rate of nearly 4.3 billion pounds milk equivalent to about I billion pounds. This action was intended to bring imports to less than 1 percent of domestic milk production, which in June of last year had reached about 121 billion pounds annually. This cutback in imports brought certain dairy items under the quota system for the first time: butter~ fat-sugar mixtures, Colby and other American types of cheese, and frozen cream. Imports of all American-type cheese are now limited by quota to a total of approximately 16 million pounds, and butterfat- sugar mixtures are limited to 2.580 million pounds annually. Frozen 95-159-68-pt. iO-25 PAGENO="0386" 4826 cream is also now included under a quota of 1.5 million gallons annually. The President's action has been most effective in providing some relief for our domestic dairy farmers. However, many loopholes con- tinue to exist for the importation of foreign dairy products such as chocolate crumb, various cheeses, and until very recently, evaporated milk. Further Presidential action on June 10 of this year has placed quotas on imports of condensed and evaporated milk until the end of this calendar year. Evaporated milk in airtight cans will be limited to 656,000 pounds, condensed milk in airtight cans to 2.037 million pounds, and condensed milk in nonairtight cans to 2,500 pounds. These limits are on imports mainly from Canada, the Netherlands, and Denmark. Certainly our efforts to help the American farmer hold his own in our domestic market by parity agreement, price supports and other Government programs have been invaluable. But if imports of dairy products are allowed to continue they can quickly wipe out all the beneficial price improvement programs we have already set up, and undermine all efforts our dairy farmers might take to establish pro- grams to protect their markets and maintain their incomes at a decent level. Mr. Chairman, the enormity of foreign dairy imports and their tremendous impact on our domestic market require immediate correc- tive action. My legislation would provide that corrective action by limiting foreign dairy imports to the average annual quantities of butterfat and nonfat milk solids imported during the 5 calendar years 1961-65. We must give all our efforts at controlling foreign dairy imports the effect of law and preserve once and for all a meas- ure of the domestic dairy market for our own dairy farmers. Mr. Chairman, I urge the committee's favorable action on this much needed dairy import control legislation. Mr. HERLONG. Are there any questions, if not, then thank you again, Mr. Stratton. The Honorable Roy A. Taylor, our colleague from North Carolina is our next witness. You are recognized, Mr. Taylor, proceed as you see fit. STATEMENT OP HON. ROY A. TAYLOR, A REPRESENTATIVE IN CONGRESS FROM THE STATE OP NORTH CAROLINA Mr. TAm0R. The Dairy Import Act is needed to stop the flow of un- needed dairy products which are being shipped into this country. This bill would limit imports to the average butterfat and nonfat milk solids shipped in from 1961 through 1965. Also, as the U.S. domestic market grows, the import quotas would be increased in the same ratio. Basically, this bill is needed to stop the imports of dairy products which are shipped here in evasion of quotas. For example, imports of evaporated milk grew from 4,000 pounds in 1962 to 1,311,000 pounds in 1967. Sweetened condensed milk imports grew from 69,000 pounds in 1962 to 4,074,000 pounds in 1967. Chocolate crumb is a so-called new product designed to evade our quotas. In 1960, 54,000 pounds of this product were imported. During 1967, imports of chocolate crumb climbed to 21.5 million pounds. PAGENO="0387" 4827 Total cheese imports in 1967 were about 152 million pounds of which 60.3 million pounds were Cheddar and "other" American types, princi- pally Colby and during this same period, Commodity Credit Corpora- tion purchased about 180.5 million pounds of Cheddar or American cheese under the price support program. Imports of butterfat-sugar mixtures jumped from zero in 1961 to 105,626,000 pounds in 1966. Although some actions have been taken under section 22, these ac- tions were taken after huge amounts of dairy products have been imported. For instance, prior to June 30, 1967, there was no quota on Colby cheese, with the result that ever-increasing quantities were im- ported. Finally, when action was taken last year a quota of 6,096,600 pounds was granted. In the case of frozen cream, no quotas had been established until last year with the result again of large quantities coming into the United States. When quotas were established, 12,- 540,000 pounds were permitted. In other words, we reward countries that ship and develop products in evasion of our quotas by granting them quotas on the very products used to evade our quotas. Not only are our dairy farmers hurt by these imports, but imports added $131,177,198 of unnecessary cost to the price-support program in 1967. Import controls are necessary to provide dairy farmers a level of income commensurate with that received by other segments of our so- ciety. Also they are necessary so that dairy farmers can achieve parity prices for their milk. Mr. HERLONG. Are there any questions, if not, then thank you again Mr. Taylor. The Honorable J. Irving Whalley of Pennsylvania is our next witness. Welcome, sir, proceed as you see fit. STATEMENT OP HON. J~. IRVING WHALLEY, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP PENNSYLVANIA Mr. WHALLEY. I am grateful for the opportunity to submit this statement on an import quota for dairy products for your current hearings on trade policy. As my district is vitally concerned in the manufacture, sale, and consumption of dairy products in their various forms, I wish to stress the importance of this industry to the economic well-being of my constituents and the injurious effect excessive im- ports of like or competitive products are having on my area. I refer specifically to cheese, butter, and milk products. All of these are subject to section 22 support-price programs of the Agricultural Act of 1949. Under section 22, the Secretary of Agricul- ture must buy excess production of various agricultural commodities so as to assure our agricultural producers a minimum standard of living. It seems, however, that relief against excessive imports of like commodities or even substitutes in the dairy industry often comes when injury has already resulted from abnormal quantities of imports. Not only are foreign countries dumping enormous amounts of excess dairy production on our domestic markets, but where prohibitions of specific commodities occur, substitutes or modified commodities are PAGENO="0388" 4828 shipped in such large totals as to disrupt our support programs and undermine domestically produced brands. Consider cheese. During 1967 the Commodity Credit Corporation purchased 180.5 million pounds of Cheddar or American cheese:under section 22 authorizations so as to prevent excess production depressing the domestic market in cheese ~ind cheese products. Yet, during the same calendar year we imported 152 million pounds of cheese-ap- proximately 8 percent of all our production. The major proportion of this cheese was of the Cheddar or American cheese type. Of the latter type, 60.3 million pounds consisted of Colby cheese-a substitute for plain American cheese. It comes in under the designation "other" cheese in our tariff structure. It was oniy after repeated representa- tions were made in 1967 that the President allowed a quota of 6,096,600 pounds be set for imports of Colby cheese. This is now in addition to the regular importation of Cheddar and American cheese. Why, we must ask, should any quOta be given to a cheese type that is plainly a substitute deliberately designed to substitute for an Ameri- can product covered under our section 22 support price programs? Why should we have to allow this type of substitute to displace American cheese production? Should we be buying up excess domestic production and thus creating a sales vacuum so as to allow a foreign competing substitute an entrance into our market? What is reprehen- sible in the whole action is that fact that an illegal product evasion under section 22 programs has been allowed a valid quota after invad- ing our home market. Consider butter. In 1953 an import quota of 707,000 pounds was set for butter. Soon this category of our sect/ion 22 program was upset by the importation of butter oil and cream. By 1956, 1.8 million pounds of butter oil were imported-equal to 2.2 million pounds of butter. To offset further encroachments of our market a quota of 1.2 million pounds of butter oil was set in 1957-~the equivalent of 1.5 million pounds of butter. Again an evasion of a section 22 commodity resulted in an extra import quota being given to foreign exporters. Similarly frozen cream was given an import quota of 12,540,000 pounds on July 1, 1967. Again an addition of a new item under our section 22 support program has resulted in an addition to our butter import quota. Another type of item that is upsetting our butter quota is the butter- fat-sugar mixture or "crumb." In 1961 nothing was imported, yet the totals for 1966 and 1967 were 105,026,000 and 100,548,000 pounds re- spectively. We have no quota on this. Consider the new product called "chocolate crumb" used for icing and ice cream mixtures and coverings. In 1960 we imported 54,000 pounds. This total rose to 21,500,000 pounds in 1967 and the prospects are already for a 40 percent higher import rate in 1968. Yet there is no prohibition against it. In 1967 the De- partment of Agriculture ruled that if the mixture contained a sugar content of 25 percent or over, then the sugar would have to be charged against our sugar import quota. So what is the result? Now the mixture contains 24 percent sugar-without a charge to the sugar quota and without charge to our butter or butter oil quota. Again a new item is being used to evade a specific commodity quota. Consider procesed milk imports. In 1962 we imported 4,000 pounds of evaporated milk. The total rose to 1,311,000 pounds in 1967. The PAGENO="0389" 4829 total rose because there was no quota. Let. us continue. In 1962 we imported 69,000 pounds of sweetened condensed milk. The total rose to 4,074,000 pounds in 1967. It. was only after frantic appeals to the Tariff Commission as to possible injury to our dairy farmers that a quota was imposed. What quota? Naturally, the totals imported dur- ing 1967 for these two commodities. It seems axiomatic to say that despite the fact that fair quota had been imposed on cheese, butter, and fresh cream, a circumvention of these quotas was easily attained by the invention of new products and substitutes. These in turn got new quotas for those new items of mer- chandise although they patently evaded the direct definition of cheese, butter, or milk. Mr. Chairman, the examples I have noted are strong enough to justify the imposition of a strict quota on milk and milk products based on the average import totals of the import period 1961-65, as provided in my bill H.R. 4529. This will apply to all substitutes and evasions which have to be made part of the basic quotas. Only in this way can our primary producers of dairy products be adequately pro- tected against unjust and uncompetitive imports from abroad. Mr. HERLONG. Are there any questions? If not, then thank you, Mr. Whalley. Our next witness is Mr. John M. Ashbrook, our distinguished col- league from Ohio. You are recognized, sir. STATEMENT OP HON. JOHN M. ASHBROOK, A REPRESE1~TATIVE IN CONGRESS PROM THE STATE OP OHIO Mr. ASHBROOK. Mr. Chairman, as a Repr~sentative to Congress from an area in Ohio that is rich in farming land, and especially dairy farming, and is outstanding in the Nation for its cheese processors, I have consistently devoted a great deal of time and study to the prob- lems of dairy imports and their effects. On numerous occasions I have shared m.y views on legislation to control dairy imports and there is no question that I favor strong, effective controls on importation of dairy products. I, too, have spon- sored legislation to effect a workable system of controls and while I certainly do not want to belabor these hearings I do want to emphasize the weight of the situation. Nearly a year ago, during a taping of a radio program for the 17th District, the regional supervisor of the Ohio Farm Bureau for south- eastern Ohio explained what is happening. I think his words succinctly point out the problem. He said: I guess we are all amazed at the inventive minds of those who want to export their dairy products to the United States. Over the years certain restric- tions have been placed on the amount of butterfat and so forth, but they then developed a product that they called butter oil and there were no restrictions, on that and they brought it in. The next restriction that was set up was that nothing over 45. percent butterfat could be imported. And then we found that they were importing a product containing 44 percent butterfat and 25 percent sugar and some filler, and so on and so forth. After restrictions were put on the sugar they lowered that and added some eggs. The gist of this gentleman's statement was that "we just can't seem to beat them because they're always beating us at our own game." PAGENO="0390" 4830 Dairy farmers are aware of those holes in the laws and realize that protective legislation is needed. In December 1966, E. M. Norton, sec- retary of the National Milk Producers Federation, stated: If we have learned anything in this dairy business during the past 15 years, it Is that a small surplus has a drastic effect on the price of milk. And, within the past year, we have seen how milk prices can improve if we bring supply and demand into balance. What every dairy farmer must realize now is that a pound of surplus butterfat imported from abroad has the same depressing effect on farm milk prices as an extra pound produced here. It does not matter whether the butterfat is imported in the form of butter, butter oil, Exylone, Grapex, frozen cream, Colby cheese, or some other product. It is unjust that our dairymen should be flooded with dairy products from other countries just after having reduced domestic milk production to match consumer requiremenLs. It is the same story all down the line, from the large federation to the small farmer with 20 dairy cows. They see rising costs, rising taxes, and lower income and fewer markets for their products. Since introducing H.R. 8113, dairy import control legislation, mail has been nearly unanimous in favor of better controls. Farmers believe, and rightly so, that a market flooded with ever-increasing imports has cost them money. I think their own words, taken from several of the letters I have received, makes the point. A dairy farmer from Licking County writes that he is "alarmed at the increased imports of dairy products" and adds, "I see no fairness in having wage laws that increase my costs while imports are allowed to undercut my markets." Two brothers, joint owners of another Licking County farm, simply said: "We operate a dairy farm * * * and we think dairy imports are seriously affecting our dairy prices." I believe that there is no doubt that they are correct. Some dairy men must rely on help from within the family to survive the pressures. As one letter stated: "Dairy imports are extremely dangerous to all dairymen, farmers who are working 7 days a week struggling to meet the high cost of feed, labor, expensive equipment plus meeting all Government inspections. We are discouraged, as are many dairy farmers. As you probably know if it wasn't for our son, we would have had to sell years ago." This same letter expressed a problem. which we all must face and it is related to the imports problem. As the letter stated: "We are always amazed when we attend farm gatherings to find practically all fu]l-time farmers are well above middle age." More and more the young farmer, or potential farmer, sees friends and relatives forced out of farming by various pressures-dairy import influences among them-and decides to spend his life working in another field. A young couple wrote and described this situation. ~Te are dairy farmers and naturally are interested in curtailing the import of dairy products. I'm sure you are familiar with the tremendous amount being imported and what a hardship it is causing. Milk is lower now than 20 years ago, but still there isn't enough milk pro- duced in the United States for its needs. Is this the old law of supply and demand? My husband and I are in our twenties. He farms approximately 200 acres, plus PAGENO="0391" 4831 milks cows, plus works at another job, but still people on welfare made more last year than we did. We are willing to work a lot harder than most people are to make a living; all we ask is a fair price. We want 100 percent parity not 74 percent. Please support this bill for the sake of all young farmers in the United States. We need help desperately. Dairy farming is an expensive operation. Equipment, land, build- ings, and herd maintenance costs have continually climbed but returns have not. And the dairy farmer is the first to realize it. Moreover, the farms devoted to dairying are an important segment of the agricul- tural population in Ohio and the State department of agriculture esti- mates that the 30,000 dairy farmers produce some 20 percent of the total farm income for the State. This income, of course, has effects on the financial structure of the community, town, village, township, or county of the farmer and on the commerce conducted within them. The stability which comes from this influence has been threatened by the effect of undercutting imports. Dairy farmers are not alone in feeling the effects of imports. The position of the Ohio cheese industry has also been eroded. The president of the Ohio Swiss Cheese Association, an organiza- tion of dairy supply distributors which has served its members for more than 50 years, noted that: Foreign cheese with questionable production standards has been allowed to flood the domestic market and drive prices down. The Government buying agen- cies have deliberately underbid the market cheese price and further weakened the price. Consequently, prices are back to almost the same level which has existed 12 years or longer. There is no longer any incentive to young or old dairy farmers to remain in business and give the cheese industry any degree of stability. The dairy farmer is not asking for a Government handout, but only that he be protected from unfair trade practices * * * certainly free enterprise in this country must be preserved. The thoughts of the individual farmer, the small county cooperative, and the larger regional associations are the same. They all want relief from the abuses of an unworkable import system. I am sure that the committee has ample st~tistical evidence of what imported products are doing, but I wanted to insure that the committee also has the thoughts of the farmer, as they have been expressed to me. There have been indications that abusive import practices have not only been the subject of close scrutiny but that there have been attempts to control the flow of products into the United States. These, however, have not worked. Legislation such as H.R. 8113 and the many other bills like it would, I believe, provide the needed control, and they should be given approval. Mr. }IIERLONG. Thank you, Mr. Ashbrook, for sharing your views with us today. Are there any questions? Our nex't witness is also from Ohio, the Honorable William H. Harsha. Proceed as you see fit, sir. STATEMENT OF HON. WILLIAM H. HARSHA, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO Mr. HARSHA. Mr. Chairman and members of the committee, I re- spectfully urge your favorable consideration of H.R. 7703, the Dairy Import Act of 1967, and further urge that this legislation be reported for action by the House of Representatives at the earliest possible PAGENO="0392" 4832 time. This legislation is of tremendous importance to the dairy farmers of our country, as it will regulate the flow of dairy imports into this country and enable the American dairymen to receive fair and work- able prices for their products. There is an urgent need for relief from the pressures of low-priced imports on our domestic dairy market, and this need has been growing dramatically in the past years. The result has been declining prices and uncertain or inadequate incomes for the farmers, a trend which not ~even the large, efficient producers can maintain and still survive. With deftnite and known levels of imports the market could adjust and our dairy farmers could make future plans. Without this legis- lation many family farms, which `have been the backbone of our great Nation and which are vital parts of our society, will be. driven out of business. InStead, they must be allowed and encouraged to grow under healthy marketing conditions. The establishment of self- sufficiency in this important segment of the farm community will contribute to the economic well-being of the entire Nation. The need for this stabilization of the dairy market is evidenced by its current dependence upon price-support measures, by the belated actions already taken under section 22 of the Agricultural Adjustment Act, and, most importantly, by the continuing increase of imports flooding our markets. Although it may seem that there have been ample Government actions to aid this industry, it is extremely signifi- cant to note that the increased need for import quotas stems largely from evasions of our present regulations. The problem has been recog- nized by the Government, but the current inadequate controls have left our dairy farmers subject to subterfuge and have, in fact, en- couraged evasions by allowing increases, not only in existing products, but also in products created for the purposes of quota evasion. For instance, milk equivalents rose from 900 million pounds in 1965 to 2.6 billion pounds in 1966 and butterfat-sugar mixtures jumped from zero in 1961 to 105,626,000 pounds in 1966. One of the new products is chocolate crumb, imports of which rose from 54,000 pounds in 1960 to 21.5 million pounds in 1967. These are, of course, only a few ex- amples of the changes which have occurred throughout the range of dairy products. It is obvious that the high profits which the American markets offer to importers, whose production costs are far lower than our own, encourage invasion of our markets and evasion of our quotas. There is certainly no reason why such action should be tolerated or encouraged by our lack of responsive action. In light of the justifiable need for action, in order to preserve a fair and stable market, to protect American dairymen from a flood of imports and to allow him to achieve a workable level of income with parity pri'ces for his milk, I give my full support to the Dairy Import Act of 1967 and urge its approval by the committee. Mr. HERLONG. It was good of you, Mr. Harsha, to bring us your thoughts on this subject today. Mr. HARSHA. Thank you, Mr. Chairman, it was a pleasure. Mr. HERLONG. The next witness is the Honorable James Harvey of Michigan. Mr. Harvey, we appreciate having you with us and you are recognized. PAGENO="0393" 4833 STATEMENT OP HON. 3AMES HARVEY, A REPRESENTATIVE IN CONGRESS FROM TflE STATE OP MICHIGAN Mr. HARVEY. I appreciate very much this opportunity to present my views and, in particular, those of thousands of dairy farmers in Michi- gan's Eighth Congressional District on the need-a dire need-for Congress to take corrective action to regulate imports of milk and dairy products. I realize that many other Members of Congress will address you on this subject. In particular, reference will be made to recent action taken last year in the Presidential proclamation of June 30, 1967, pur- suant to section 22 of the Agricultural Adjustment Act. Further, just a few days ago-June 10, 1968-the President proclaimed temporary import quotas on condensed and evaporated milk and cream. These are encouraging signs. But these actions are only temporary. Further, as pointed out by Secretary of Agriculture Orville L. Freeman, a number of other dairy products are not now subject to import restrictions. These include: chocolate milk crumb, a product used in candy manu- facture; butterfat-sugar mixtures in retail packages (in bulk form, such mixtures are already subject to quota); and most types of cow's milk cheese which are not under quota now. These include processed Edam and Gouda cheese, Italian cow's milk cheese not in whole loaves, swiss cheese, and the miscellaneous cow's milk cheeses classified as "other cheese" in the U.S. tariff schedules. It has been recognized that section 22, when applied, is not totally effective. It never has been and cannot be. Best estimates indicate that there are approximately 2,300 dairy farmers producing grade A milk living in the Eighth Congressional District. It is by far the biggest concentration of dairy farmers in Michigan. For further background information, our eighth district dairy farm- ers produce about 2,300,000 pounds of milk per day or 840,000,000 pounds per year-about 420,000,000 quarts. I can assure you that these dairy farmers were both aware and ap- preciative of the action taken by President Johnson last year and again this year to improve administrative control of cheap, and pos- sibly inferior, dairy products from other nations. But all of those who have contacted me, and these include several hundred farmers, feel strongly that this action is not enough and that legislation is required. The cost of imports to Michigan dairy farmers is quite clear. As previously outlined by the Michigan Milk Producers Association and the National Milk Producers Federation, the cost of imports to Michi- gan farmers is emphasized as follows: The class II price last year would have been 30 cents per hundred- weight higher if it had not been for the fact that imports took 12 per- cent of the domestic cheese market and 13 percent of the market for butterfat in ice cream. Keep in mind also that the American dairy products these imports replace must be purchased by the Government through the price support program, thus placing an additional burden on taxpayers. If imports continue, progressive and aggressive bargaining by Michigan dairy farmers will be of little avail. PAGENO="0394" 4834 I don't believe that there is any question that our dairy farmers not only need but deserve enactment of the Dairy Import Act. As this committee concludes its work, I certainly hope that it will include provisions of legislation sponsored by 200 Members of the House on dairy imports. On behalf of the thousands of Michigan eighth district dairy farmers, thank you for this opportunity to present these facts and viewpoints. Mr. HERLONG. We appreciate your bringing to us your thoughts, Mr. Harvey. Our colleague from Nebraska, the Honorable Dave Martin, is our next witness. Welcome, sir, proceed as you see fit. STATEMENT OP HON. DAVE MARTIN, A REPRESEi~TTATIVE IN CONGRESS PROM THE STATE OP NEBRASKA Mr. MARTIN. Mr. Chairman and members of this cornmittee~ I thank you for the opportunity to present this statement on dairy imports to you in hopes that some permanent and affirmative action can be taken by you and this Congress in the near future to see to it that current tariff laws and provisions are not further circumvented. As you know, I represent a rural-agricultural district. Though dairying is not the largest segment of our agricultural economy, it does play a very significant role, as well as furnish a fine way of life for many Nebraskans. For this reason, I `have introduced H.R. 9676, legislation geared to curb imports of dairy products by such amounts as to prevent them from interfering with our market, but still allo'cv some reasonable trade levels. Over 200 Members of the 90th Congress have introduced such legislation, and last year President Johnson finally took Execu- tive action based on a study by the Tariff Commission to restrict im- ports of certain products so defined by section 22 of the Agricultural Adjustment Act and the tariff `schedule. This action by the President, in his proclamation dated July 6, 1967, is to be commended, but it came well after the imports of certain dairy product equivalents soared to an excessive 4 billion pounds. Such action was good, but per- hap's too late to really provide the protection it was designed to furnish. Due to such delays, I favor permanent legislation, rather than Ex- ecutive or administrative action, which is so often too late and in- effective. Legislation, such as proposed by my bill and those my col- leagues, would not allow for any delay and would have a preestablished base level for imports. I do not feel that such a critical commodity as dairy products should be left up in the air, waiting for administrative action, especially when we are competing with imports. Present restrictions on dairy products and their equivalents are circumvented by use of imports such as cheese, curds, dried, powdered, and condensed products, as well as a variety of dairy produ~ts mixed in prepared products. Not only are tariff regulations being circum- vented, but I feel that a serious health hazard has been, or may well be created. As a consequence of these loopholes, and the slowness of the ad- ministration `to- enact section~22 of the Agricultural Adjustment Act, permanent legislation is the only answer. Your consideration and in- PAGENO="0395" 4835 terest in the dairy industry, and your action for some relief and. pro- tection, will be greatly appreciated by the many Members of this Congress, as well as those engaged in dairying. Again, Mr. Ohairman, I thank you and the members of this com- mittee for all the courtesies extended. Mr. HERLONG. Are there any questions, if not, then thank you Mr. Martin, for sharing your views with us. The next witness is from New York, the Honorable Frank Horton. Mr. Horton, we appreciate your being with us this afternoon and you are recognized, sir. STATEMENT OP HON. PRANK HORTO3~ A REPRESENTATIVE fl~ OONGRESS PROM THE STATE OP NEW YORK Mr. HORTON. Part of the import legislation being considered is re- lief for the dairy farmers of America, who are faced with a shrinking market because of the tremendous increase in dairy imports that are not covered under section 22 of the Agricultural Adjustment Act in a sufficient manner to offer them adequate protection. As one who is seriously concerned with the inability of the Ameri- can dairy farmer to earn a return that is anywhere near comparable to returns on investments earned by other segments of the economy, I urge you and the Ways and Means Committee to include the pro- visions of dairy import proposals in any bill the committee might report out on this subject. Since the bill that I introduced last year on this area of concern is supported by the National Milk Producers Federation and other dairymen's associations, I am offering H.R. 7840 as an example of the type of legislation that is needed and wanted by dairymen and by those who are concerned with this problem. I am also including for your review some statistics on the amount of dairy imports there are into this country, and their effect on the American dairy farmer. Your consideration of this statement, and your support for legislation of this nature will be appreciated. Thank you, Mr. Chairman. (The material referred to follows:) [From the Congressional Record, Apr. 3, 1967] CONGRESSMAN HORTON SUBMITs PLAN To EASE PRICE SQUEEZE RESULTING FROM DAIRY IMPORT LOOPHOLES (Extension of remarks of Hon. Frank Horton, of New York, in the House of Representatives, Monday, April 3, 1967) Mr. HORTON. Mr. Speaker, during the past few weeks,~ the news spotlight has been centered on a struggle by a group of dairy farmers to obtain higher prices for (the `milk they `sell `to processors. While the methods employed to achieve this end may be questionable in n~any instances, `the whole incident points up a serious malady in our Nation's dairy inthistry. The quest by dairy farmers for a higher rate of return on their investment cannot be accurately compared with the desire of most economic segments of the Nation for greater income. In a very real sense,' the' dairy industry is fighting for its life. To illustrate `the terrible truth of this statement, one need only look at the statistics showing the number of farms which reported sales of milk prod- ucts during the years since World War II. In 1945, 2.5 million American farms reported sales of dairy products. In that year, the population of the United States was just under 140 million persons. In 1960, after a 25-percent rise in our population, only 1 million farmers reported PAGENO="0396" 4836 ~aIes of dairy products-doWn 40 percent from the 1945 figure. Since 1960, the rate of attrition from dairy farminghas been even more rapid. There is no simple explanation for the shrinking of this industry, but many important factors can be cited. Foremost among these is the fact that historically in the United States, dairy farmers have been unable to earn a return that is anywhere near com- parable to returns on investment earned by other segments of the economy. A comparison of the rise in national income and population with growth factors in the dairy industry is illustrated by the following tables: NATIONAL ECONOMIC FACTORS AND MILK PRODUCTION, 1889-1965 Milk production Average Cash receipts from Marketings price for marketings of Year National Total pop- of milk milk sold - income ulation' On farms Per capita and cream to plants Milk and All farm and dealers2 cream3 products4 Billions of Billions of Billions of Dollars per Millions of Millions of dollars Millions pounds Pounds pounds hundred- dollars dollars weight 1889 44.8 1899 62.5 1909 64.2 1919 67.1 14,538 1925 115.8 90.7 783 63.5 2.38 1,515 11,021 1930 75. 7 123. 1 100.2 814 75. 3 2. 21 1, 607 9, 055 1935 57.1 127.2 101.2 795 75.2 1.71 1,297 7,693 1940 81.6 132.6 109.4 829 86.2 1.82 1,521 9,105 1945 181. 2 140. 5 119. 8 904 98. 4 `3. 19 3, 021 22, 405 1950 241.9 152.3 116.6 771 98.3 3.89 3,719 28,795 1955 331. 0 165.9 122. 9 744 108. 3 4. 01 4, 217 29, 785 19606 414.5 180.7 123.0 680 113.8 4.21 4,753 34,692 1961 427.3 183.8 125.4 683 117.0 4.22 4,919 36,407 1962 457.7 186.7 126.0 675 118.3 4.10 4,854 37,923 1963 481.1 189.4 125.6 660 118.0 4.11 4,860 38,939 1964 514.4 192.1 127.0 661 120.5 4.16 5,035 39,067 1965 554.7 194.6 125.1 643 119.1 4.24 5,084 41,380 holy estimates of total population including Armed Forces overseas. 2 Average test. 3 Includes farm butter through 1954. 4 Includes Government payments. Excludes production payments. Includes Alaska and Hswaii beginning with 1960. In my bill, even this base period is not used as a hard and fast import quota, it also provides for increases or decreases in the quota corresponding to changes in total annual domestic consumption of milk and milk products. SHRINKING PER CAPITA CONSUMPTION As we have seen from figures I presented above, milk products account for a consistently smaller percentage of the American food dollar and market re- ceipts for these products account for shrinking percentages of national income. In 1950, when the U.S. population was about 152 million persons, total dairy production was a little over 117 billion pounds. In 1965, after a 22-percent population increase to 195 million, dairy production rose only 6.4 percent to 125 billion pounds, reflecting a large decrease in per capita consumption of dairy products. The following table shows that since 1950, per capita consumption of all milk products has fallen from 728 pounds to 582 pounds. Even the substantial increases in skim milk and nonfat dry milk prod- ucts since 1950 do not compensate for large drops in the use of fluid milk and butter: PAGENO="0397" 4837 - = E 0 0 ~0OC ~ = _~ ~ N- N- N- ~ CD N- N- N- ~ CD (0 c~Q -- CD >- = CD CD -~ 0 C) H ~ -~ *0 LC) Q~ *-9~ H ~ ~ H C) H

~ ~ 0) ~ a ~ >- ~ = ~ Lnr-~c~ ~0~J~)fl0O C,) - - --U, - 0 ~ 0) ~ .~ PAGENO="0443" 4883 ~)O)N.CO N.OO~OO ~O~cO c'~ ~ ~ ~C~4 ~ C')Lt)C~4~-~CO U) S c,~c~,u,c,co .5 0~ ~ ~ ~ .5 .5 a, ~)U)~.f~OOC~ 0000cO a~a~.-' c~j-- ~ - ~1 !!!!!E~! :~ C.) ~ ~ a, S PAGENO="0444" 1967 Cheese Argentina Canada Denmark Finland France Italy Netherlands Norway Swiss 1,216,703 3,686,374 2,248 Process Gruyere 238, 027 3,031,348 22, 387 60,940 3, 000 pecorino-not grating - 1, 557, 835 pecorino-grating 9, 580,627 Reggiano, Parmesano, Provolone, Romano made from cow's milk 5, 650, 198 2,627 1,262 4,232,236 Roquefort 1,808,444 Cheddar 707,097 31,465 Blue mold 4,454,500 834 113,330 1,161 53,357 Edam and Gouda 188,404 1,953,394 12,806 8,049,365 369,169 Colby' 1,009 12,836,575 3,576,688 Other cheese 57,202 202,842 9,773,619 1,441,275 3,333,882 669, 516 185, 057 666, 192 Total 5,896,813 912, 566 30, 504,283 8, 173, 065 8,744,483 16, 153, 544 8,339, 115 1,826,155 Cheese Switzerland Sweden Austria West New Zealand Other Total Germany countries Swiss 6,214,020 56,607 1,944,670 246,820 210,308 14,354,779 Process Gruyere 3,274,873 966, 165 2, 159, 077 79,888 9,835, 705 Pecorino-not grating 3,307 3, 355, 329 4,916,471 pecorino-grating 1, 106, 789 10,687,416 Reggiano, Parmesano, Provolone, Romano made from cow's milk 20, 028 9,906, 351 Roquefort 1,808,444 Cheddar 9,043 8,321 3,207,720 1,002,942 4,966,588 Blue mold 8, 155 96,345 60,866 4,788, 548 Edam and Gouda 139,169 8,511 504,484 388,683 11 613,985 Colby' 5,055 601,808 1,525,644 500,953 29,937,162 6,249,618 5~,234,512 Other cheese 768, 188 1, 534, 751 76,906 1,297,577 27,900 3,632,276 23, 667, 183 Total 10,262, 136 2,349, 533 4, 530,217 4,808, 563 33, 172,782 16, 106, 727 151, 779,982 PAGENO="0445" `Includes imports of Colby cheese from the following countries: Source: Compiled by Cheese Importers Association of America, Inc., from U.S. Department of Ireland - 2,163,814 Commerce reports. Belgium 2,067,917 Bulgaria 44,813 Australia 1,680,681 United Kingdom 65,465 Czechoslovakia 71, 148 Hungary 44,092 Yugoslavia 111,688 Total 6,249,618 PAGENO="0446" 4886 CHEESE IMPORTS, DOMESTIC PRODUCTION Mr. BtmxE. Are there any -questions? Thank you very much, Mr. Fromer. (The following letters and statements were received, for the record, by the committee:) STATEMENT OF HON. ROBERT (1 STEPHENS, ER., A REPRESENTATIVE IN CONGRESS FI~oM THE STATE OF GEORGIA DAIRY IMPORT CONTROLS Mr. Chairman and Members of the Committee, I appreciate being given the opportunity to testify on behalf of my bill, H.R. 11232, the Dairy Import Act of 2,000 & DOMESTIC CONSUMPTION _____ 1931-1966 1931 `23 `4 `5 `6 `7 `8940 123456789 `59 1' `2 `34 `5 `6 `78 `960 1234651966 EXCLUDING COTTAGE CHEESE - 4.6 POUNDS PER CAP. (900,000,000 LBS.) SOURCE U. S. DEPARTMENT OF AGRICULTURE & U. S. DEPARTMENT OF COMMERCE PAGENO="0447" 4887 1967, during your hearings on trade and tariff proposals. Similar bills on dairy imports have been introduced or co-sponsored by many members of the House and the Senate. The Dairy Import Act is needed to stop the flow of dairy products which are continually being shipped into the United States even though they are not really needed by the American consumer. This bill would establish automatic quotas on dairy product imports, based on the average butterfat and nonfat milk solids shipped in from 1961 through 1965. The years 1966 and 1967 would not be in- cluded in the base figure because of the abnormally high level of imports during those years. The bill also provides, however, that as the U.S. domestic market grows the dairy import quotas would be increased in direct ratio to increases or decreases in the annual consumption of milk and milk products. The President is also given the authority to permit additional imports if he finds such action is required by overriding economic or national security interests of the U.S. In order to understand the need for this legislation it is necessary to look at the background and history of dairy import controls. Agricultural import controls were first provided in Section 22 of the Agricul- tural Adjustment Act and have been maintained by Congress for more than 30 years. Section 22 provides that foreign trade programs and policies should not be adopted if they will undermine the programs which Congress has set up for American agriculture. This Section has been used since 1953 to place quota con- trols on the importation of some dairy products. It has been subject, however, to a history of evasion and subterfuge of the import quotas established there- under. The action taken last year in the Presidential Proclamation of June 30, 1967, pursuant to Section 22 of the Agricultural Adjustment Act, did place more restrictions on dairy imports and provided some relief to our domestic dairy farmers. However, many loopholes have continued to be available for the impor- tation of foreign dairy products in evasion of quota controls. These loopholes add to the many problems facing dairy farmers and their cooperatives and in- crease the cost to the Federal Government in its operation of the price support program~ The excess importation of dairy products is also important in relation to our balance of payments problems. It is my understanding that the dollar drain for these imports was $73,702,697 in 1967 and is estimated to be $36,796,255 per year for 1968 and subsequent years. It can readily be seen that import controls are necessary not only to provide dairy farmers with a level of income commensurate with that received by other segments of our society but also to aid in the problems our country now faces with regard to its price support program and the balance of payments. STATEMENT OF HON. CLARENCE J. BROWN, Ju., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO Mr. Chairman, last year, I offered legislation to restrict imports of dairy prod- ucts. I feel that action is long overdue to relieve the dairy farmers' struggle since their efforts in regard to fair and equitable milk prices is directly related to the overflow of dairy products into our country through loopholes in the existing import quotas. While action taken last year, as a result of the Presidential Proclamation of .Tune 30, 1967, did provide some relief to dairy farmers, it still leaves some im- ports such as evaporated milk, chocolate crumb and some cheeses, which are being imported in ever-increasing quantities, untouched by quotas. I would like to see immediate steps taken to plug the gaps in the quota law and our government's policy adjusted to permit our dairy farmers to make a decent profit on their produce. The legislation which I sponsored specifically relates to excess imports of butterfat and nonfat milk solids. Under the provisions of my bill, imports would. be limited to the respective average annual quantities which were admitted for consumption during the period from 1961 through 1965. The bill allows the President to permit additional imports in the case of over- riding economic or national security interest of the United States, but provides that no additional imports shall be admitted at a time when prices received by PAGENO="0448" 4888 dairy farmers on a national average are less than parity unless the Secretary of Agriculture removes a corresponding quantity of dairy products from the domestic market. Importers have used loopholes in the existing quota regulations to increase by 12 times the amount of dairy products brought in the U.S. since 1966. The result has been sagging markets and prices for domestic products. HOtTSE OF REPREsENTATIvEs, Washington, D.C., July 1, 1968. Hon. WILBUR D. MILLS, Chairman, Ways and Means Committee, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: The Maryland and Virginia Milk Producers Association, Inc. has contacted me with regard to the hearings on trade which your Committee is now holding. They have expressed their desire that the provisions of the Dairy Import Act of 1968 be included in any bill that the Committee may report. I would appreciate your giving this request every consideration. With best regards, Sincerely, WILLIAM L. SCOTT, Member of Congress. STATEMENT OP HON. BOB DOLE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF KANSAS DAIRY IMPORT ACT VITAL TO AMERICAN DAIRYMEN Mr. Chairman, I have introduced legislation now pending before your com- mittee which would, if enacted, provide safeguards for the American dairy industry. Unwarranted imports from nations providing export subsidies to their local producers (thus gaining much needed hard currency) have seriously deteriorated the position of the United States producer. This legislation, H.R. 4860, is important for the economic well-being of the Nation and the dairy farmer. Plainly stated, the United States imported $133,267,000 worth of dairy products in 1967-a year of unprecedented dollar drain and fiscal crisis. In my opinion, there is no excuse for this great loss. Our imports of dairy products not only cost the domestic producers valuable domestic markets, but significantly contributed to our national balance-of- payments deficit. EXAMPLES OF UNWARRANTED IMPORTS Mr. Chairman, my bill would not, of course, stop all dairy product imports. But imports would be brought into line with reasonable historic trade policies. This legislation, called the Dairy Import Act of 1968, is needed to stop the imports of dairy products which are shipped into our country in virtual evasion of established quotas. Let me give you a few examples: Imports of evaporated milk grew from 4,000 pounds in 1962 to 1,311,000 pounds in 1967. Sweetened condensed milk imports grew from 69,000 pounds in 1962 to 4,074,000 pounds in 1967. Chocolate crumb is a so-called "new" product designed to evade import quotas. During 1967, imports of chocolate crumb increased to 21.5 million pounds. Cheese imports totaled 152 million pounds in 1967. Imports of butterfat sugar mixtures jumped from zero in 1961 to 105,626,- 000 pounds in 1966. CONTROL ACTIONS TOO LITTLE, TOO LATE Some actions have been taken to stem the flood-tide of dairy imports, but these controls have been too little, too late. For instance, prior to June 30, 1967, there PAGENO="0449" 4889 was no quota on Colby cheese, with the result that ever-increasing quantities were imported. Finally, when action was taken last year a quota of 6,096,600 pounds was granted. In the case of frozen cream, no quotas had been established until last year with the result of again large quantities coming into the United States. When quotas were established, 12,540,000 pounds were permitted. In other words, we reward countries which develop products in evasion of our quotas by granting them quotas on those very products. Not only are our dairy farmers hurt by these imports, but imports added $131,177,198 of unneces- sary cost to the price support program in 1967. Import controls are necessary to provide dairy farmers a level of income commensurate with that received by non- farm segments of our society. URGE EARLY COMMITTEE ACTION Mr. Chairman, farmers must achieve parity prices, the United States must improve her balance of payments deficit, and price support payments to producers should be reduced as income increases. I urge your committee to favorably re- port the Dairy Imports Act of 1968 at the earliest opportunity. This legislation will be the first step toward reasonable import policies for dairy products. HOUSE OF REPRESENTATIVES, Washington, D.C., June 17, 1968. Hon. WILBUR D. MILLS, Chairman, Committee on Ways and Means, Longworth, House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: As the sponsor of H.R. 13130, I would like to have this statement concerning dairy imports made a part of your current hearings on tariff and trade proposals. At the present time, large quantities of dairy prod- ucts are imported into the United States without any controls. The action taken last year in the Presidential Proclamation of June 30, 1967, pursuant to Section 22 of the Agricultural Adjustment Act, provided some relief to our domestic dairy farmers. However, many loopholes continue to be available for the im- portation of foreign dairy products. Through these loopholes evaporated milk, chocolate crumb, and various cheeses are being imported in ever-increasing quantities, adding to the many problems facing dairy farmers and their cooper- atives, and increasing the cost to the Federal Government in its operation of the price support program. I join with 200 other Members of the House who feel that Section 22 is not effective and can never be so. I hope very much your Committee will give earnest consideration to these views. With best wishes, Sincerely, CARL D. PERKINS, Member of Congress. HOUSE OF REPRESENTATIVES, Washington, D. C., June 20, 1968. Hon. WILBUR MILLS, Chairman, Committee on Ways and Means, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: I would like to encourage the Committee to give full consideration to HR. 8542, the Dairy Import Act and similar bills during your current hearings on trade and tariff proposals. The need for control of dairy imports has become increasingly apparent. I hope the Committee will thoroughly investigate the problem and recommend concrete legislation and administrative remedies. With high regard. Sincerely, CHARLES McC. MATHIAS, Jr. 95-159 O-68-pt. 1O-29 PAGENO="0450" 4890 HousE OF REPRESENTATIVES, Waslthwton~, D.C., June 13, 1968. Hon. WILBUR MILLS, Chairman, House Ways an4 Means Committee, Washington, D.C. DI~AR MR. CHAIRMAN: For some time I have been aware of the hardships placed on our dairy farmers by lax import regulations of Section 22 of the Agricultural Adjustment Act of 1935. I joined a number of my colleagues in the introduction of the Dairy Import Act which would establish effective controls on imports of all milk and dairy products, and would, I sincerely believe, greatly help our dairymen throughout this country to earn a decent price for their products. Section 22 of the Agricultural Adjustment Act of 1935 was enacted as part of agricultural programs aimed at providing just returns to our producers meas- ured in terms of parity prices. The 1951 amendments to this Act provided absolute clarification that protec- tion for agricultural program's would take precedence over trade agreements. Not until 1953 did dairy farmers realize this protection. But this was not to last. because the administration of this section has been ineffective. The result has been the addition of millions of dollars and unnecesasry cost to the dairy price support program and the substantial interference with the achievement of the goal of parity prices in the market. The Dairy Import Act of 1967 is, in my opinion, fair to all concerned. It would use as a base the 1961-1965 imports of butterfat and nonfat milk solids. This average would provide an automatic control and would not require long and unsatisfactory proceedings as at present. Additionally, these controls would be flexible enough to permit recognition of any legitimate new products while at the same time preventing circumvention of the quota's we have witnessed in recent years. Included also in this legislation are provisions for expansion of the domestic market due to population or other factors so that the import total would increase by the same ratio. This would insure that foreign countries would share in U.S. market growth but their exports to the U.S. could not grow by displacing domes- tic production. By establishing a definite and known level of imports and providing for ad- justment of the market, both our own dairy industry and that of foreign countries can make sound plans for the future. Mr. Chairman, I therefore strongly favor enactment of this legislation pro- viding measures to adequately and effectively control milk and dairy products imports so that our own dairy industry will not be driven out of business by the continued flow of unlimited dairy imports. Sincerly yours, IOHN J. DUNCAN, Member of Congress. DEPARTMENT OF STATE, Washington, D.C., July 11, 1968. Hon. WILBUR D. MILLs, Chairman, Committee on Waqjs and Means, House of Representatives, Washington, D.C. DEAi~ Mn. CHAIRMAN: The Department of State has received from the New Zealand Embassy statements prepared by the New Zealand Dairy Board * * The Embassy has requested that the two statements be transmitted to the Coin- mittee on Ways and Means for its consideration for possible inclusion in the record of the recently concluded hearings on tariff and trade proposals. In for- warding these statements to the Department, the Embassy has noted that the New Zealand Government endorses and supports the views expressed in the two statements. I am, therefore, pleased to forward three copies of the enclosed statements for your consideration. Sincerely, WILLIAM B. MAC0MBER, Jr., Assistant Secretary for Congressional Relations. Enclosures. PAGENO="0451" 4891 STATEMENT OF THE NEW ZEALAND DAIRY BOARD New Zealand, a small and remote country, is the world's leading exporter of dairy produce. The production of milk in New Zealand plays a greater role in its economy than it does in that of any other country of the world. The New Zealand Dairy Board, elected representative of the dairy farmers of the country, is obviously vitally concerned with world market opportunities for New Zea- land's butter, cheese and other dairy products. Both the United States and New Zealand are agricultural exporting countries. While agricultural products only comprise about 20% of total exports from the United States, agricultural foreign trade yielded to the United States, in 1967, almost precisely 1~ of its favorable international trade balance. For New Zea- land, dependence upon agricultural exports is far greater. Almost 95% of our exports consist of agricultural products, practically all the products of livestock, mainly dairy products, meat and wool. Both our countries have an important stake in maintaining opportunities for international trade in agricultural prod- ucts. Both our countries are deeply committed to a cowpetitive international economy, where the free interchange of goods can yield the greatest dividends to the populations of our countries and of our trading partners. Total imports of dairy products into the United States now aggregate less than 1% of American consumption. New Zealand shares this small marketing oppckrtunity with many other dairy producing countries. While the volume of New Zealand dairy produce coming here supplies only a trivial portion of the enormous volume of American consumption, the market is important to New Zealand dairy farmers. We are deeply concerned about the proposals put before this Committee to reduce these imports even further, and to do so through a rigid formula which would place a straightjacket on the import trade in these commodities. The relative position of dairy farming in the United States has been declining since the war, throughout the period when it has been severely insulated from foreign competition. There has been a steady reduction in per capita consump- tion of milk and milk products in the United States, to the point where the American consumer is now being supplied with far less milk than his counterpart in a dozen other countries of the world with living standards, in other respects, far below those which prevail in this country. Butter has become too expensive for the average American; margarine sales are now double those of butter, and its lead is increasing. U.S. per capita consumption of fluid milk and cream has also been declining, and new imitation products threaten to accelerate this trend. Dairy farmers in the United States are finding other agricultural and industrial pursuits more attractive. There is a real need for added imports to maintain nutritional standards here. We appreciate that the pattern of price support measures in the United States would not permit unrestricted imports of dairy produce. Nevertheless, the dic- tates of international trading policy make it undesirable that the market be in- sulated completely from international competition. Moreover, with U.S. pro- duction of milk declining, and the population growing, there is a real need for more, not less, imports. Agricultural support measures are maintained in many other countries of the world. Frequently, rice levels have been fixed at such unrealistic levels as to discourage consumption, and encourage production, with resulting rapid build- up of surplus stocks. The agricultural policy put in force in the European Eco- nomic Community has had precisely this effect. Enormous surpluses, particularly of butter, have been built up, and are continuing to accumulate. Wide resort has been had to export subsidization in a desperate effort to reduce the excessive stocks. These overhanging world surpluses are threatening the United States dairy market, and other world markets. We recognize that the United States cannot become a dumping ground for all the world surpluses of dairy produce. The bills before this Committee, however, represent a heavy-handed and in- discriminate method of coping with the problem admittedly present in the world market today. Because many countries may be practicing unfair trade methods in subsidizing dairy exports is no reason to restrict trade with those which do not subsidize, and which are prepared to operate fairly and openly in the tradi- tion of competitive trade. We submit that the way to cope with subsidization is to employ the traditional defense against subsidies, countervailing duties, for which there is ample statu- PAGENO="0452" 4892 tory authority in the United States. If the countervailing duty statute of the United States were vigorously applied, according to its plain terms, the entire threat of excessive imports of dairy products into the United States would evapo- rate overnight. Even the existing restrictions which have been maintained since 1953 under the Agricultural Adjustment Act could be removed. The United States maintains health standards governing the domestic pro- duction and marketing of milk and milk products which are among the highest in the world. In substance, these standards have been made equally applicable to imports of fluid milk and cream by the Import Milk Act of 1927. New Zealand is licensed to ship frozen cream under this statute. However, this statute is not applied to other milk products, such as condensed and evaporated milk and cream, milk powder, cheese, ice cream mixes, and other edible derivitives of milk. The existence of a world over-supply of dairy products provides an excel- lent opportunity for the United States to bring its health standards applicable to imports up to the level of its domestic standards, without impairing neces- sary supplies for the American market. An appropriate expansion of the coverage of the Import Milk Act would put the dairy exporting countries on notice that they must bring their standards up to American standards if they wish to have an opportunity to serve this market. With the vigorous application of countervailing duties against subsidized imports, and with a strengthening of the health standards applicable to im- ported dairy products, the whole pressure of the world dairy surplus, much of it produced under lower standards than those prevailing in the United States, would be removed. If such measures were taken, the quota schemes here pro- posed would be entirely unnecessary, and even the quota scheme which has been in force for 15 years, could be removed, with benefit to America's dairy economy. The United States needs some dairy imports to supplement its own shrinking domestic production. It should welcome such dairy products so long as they are produced under standards equivalent to those which prevail in the United States, and so long as they are marketed here on a fair competitive basis. New Zealand believes its health and sanitation requirements applicable to milk and its products are the highest in the world. New Zealand is the world's most efficient producer of dairy products. New Zealand does not subsidize its dairy exports, and is ready to meet competition anywhere in the world on a fair and equitable basis. The New Zealand Dairy Board, controlling all exports of dairy products from New Zealand, is well aware of the need for orderly market- ing patterns, and would see to it that its produce coming to this market would not serve to disrupt the domestic market. I STATEMENT ON BEHALF OF WESTERN DAIRY PRODUCTS, INC., SAN FRANcIsCo, CALIF. Many bills, most of them identical, which would impose new, severe and rigid restrictions on the importation of dairy products, have been referred to this Committee. These bills would not only reach basic dairy products such as fluid milk and cream, butter, cheese and milk powder, but would also cover every product, no matter what its form or use, which contains 5% or more of butter- fat or nonfat milk solids or any combination of the two. Thus, it would reach far into the field of food products, beverages, and confectionery, and might even include such industrial products as adhesives and sizing, made from portions of milk. It is extremely difficult to predict with certainty all the ramifications of so sweeping a restrictive measure. This bill represents one more attempt to shore up the long-standing effort to insulate the American dairy products market from competitive influences abroad. The present structure of import restrictions was established in 1953, and was originally made applicable to basic and certain specialized products. Further restrictions were imposed in patchwork fashion, twice in 1957, and, more broadly, in 1967. Other administrative proceedings enlarged some of the quotas in 1960, 1961, 1966 (temporarily) and 1967, and rejected proposals for still other restric- tions in 1955 and 1967. Now the Tariff Commission has called another hearing later this month to reexplore some of the same ground on which it passed only a year ago. The plain fact is that the structure of restrictions and controls on our trade in dairy products has been a failure, and the situation is getting worse. The number of American dairy farms has declined by almost 75% since the end of the war. The dairy farmers who remain are comparatively worse off today than PAGENO="0453" 4893 the dairy farmers of 20 years ago. Aggregate U.S. production of milk is only slightly greater today than it was at the end of the war. As a result, per capita consumption of milk in all forms has dropped more than 20%, and is now far below that of many other countries of the world. The American consumer has been using less fluid milk and cream, and substituting margarine for butter. Newly developed substitutes for fluid milk and cream presage a further decline in milk consumptioil. This Committee's functions do not encompass domestic agricultural programs, so that it would not be appropriate here to comment on that side of the picture. However, proposed measures of import trade control are now nuder considera- tion in this Committee. These bills would not only serve to reduce the trickle of imports permitted, but would do so under a sweeping and inflexible formula which would stultify any efforts to introduce new products to the American consumer. With per capita consumption of milk down 20%, and imports of dairy products supplying less than 1% of the reduced ration of milk and milk products, it is obvious that the United States needs greater, not smaller imports. As long as domestic milk price support programs remain in effect4 imports cannot remain entirely free of controls. However, the real threat to our domestic milk programs comes not from free and fair foreign competition but from sur- pluses created by dairy price support programs elsewhere. The situation is par- ticularly acute in the European Economic Community, where high support prices encouraged production and discouraged consumption to the point where an enormous surplus, amounting to some 500 million pounds of butter, has accumu- lated. Very large subsidies, sometimes as high as 8/4 of the home price, are being offered to move some of this surplus into export trade. Much of the volume supplies of newly-contrived dairy products which have been imported in the past few years had their origin in subsidized export from the European Economic Community, and elsewhere. Certainly there is no justification for permitting the U.S. market to become the dumping ground for foreign surpluses of dairly products. However, there is no need to enact new legislation to prevent such dumping. Under Section 303 of the Tariff Act of 1930, the Secretary of the Treasury has the power and the duty to impose countervailing duties whenever subsidized products are imported into the United States. The foreign schemes for subsidizing dairy products have been widely publicized, and are well-known to officers of our Government. Enforcement of Section 303 would remove the need for the whole jerry-built structure of import controls which has dominated our trade in dairy products for so long. There is, however, one opportunity for legislation to improve the quality of the supply of imported dairy products to the American consumer. Since 1927, the Import Milk Act, 21 USC § 141-149, has required that milk and cream imported as such be produced under conditions of health and sanitation substantially equivalent to those required in the United States. However, similar requirements have not been applied with respect to dairy products derived from milk, many of which involve similar health hazards. We suggest that the Import Milk Act be extended to other dairy products. At a time of plentiful world dairy supplies, we could well take the opportunity to improve the quality of our imports. We, and predecessor companies, have been privileged for many years to handle imports of New Zealand dairy products. New Zealand's health and sanitation standards applicable to dairy products are as stringent as any in the world. New Zealand, the world's leading exporter of dairy products, does not subsidize. It has long supplied moderate quantities of dairy produce to the United States, and could increase its shipments modestly to absorb some of the shortfall in domestic production. It can do so in an orderly fashion, on a fair competitive basis. In summary, we submit that: (1) the United States needs more, not less, imports of dairy products, (2) supplies produced under the most stringent standards are available and should be encouraged from fair competitive sources, (3) subsidized imports should be prevented by applying our countervailing duty statue, (4) the Import Milk Act should be extended to dairy products made from milk and cream, (5) if subsidized imports were banned, and the trade limited to fairly competitive, high standard merchandise, the need for an elaborate sys- tem of restrictions would disappear, and (6) the time has come to re-examine our dairy programs with a view to protecting the American people against a further deterioration of nutritional standards with respect to milk and its products. PAGENO="0454" 4894 STATEMENT OF BERNARD A. TRUGMAN, TRUGMAN-NASII, INC. Mr. Chairman and members of the Committee, my name is Bernard A. Trug- man and I am President of Trugman-Nash, Inc., of New York City. My family, commencing with my father, has been in the dairy products since 1921 and I have personally dealt with, import and export of dairy products since 1934, a period of 33 years. I have come before you today to urge that this Committee take no action that would lead to imposition of further import quotas on dairy products. The reason for this is very simple: The United States Tariff Commission, on June 11, pub- lished notice of an investigation of Dairy Products under Section 22 of the Agricultural Adjustment Act, as amended, pursuant to a request from President Johnson dated June 10, and covering a comprehensive list of cheeses and other dairy products. A hearing is scheduled to commence July 22. Soon thereafter the Commission will report to the President, and he is of course empowered by law to impose such quota restrictions as are appropriate. Until this administrative process has been completed, it is submitted that legislative imposition of import restrictions would be premature. This is the second Tariff Commission Section 22 investigation in a little over a year. As a result of the first investigation, the President imposed strict import controls on a number of products. The current investigation covers practically the entire remainder of dairy products that are not already under stringent quotas. Accordingly, it is respectfully suggested that legislative action on proposals for dairy import quotas be deferred until the conclusion of the Section 22 investigation. _______ STATEMENT OF JOHN P. GEHL, OF GEHL's GUERNSEY FARMS, INC., GERMANTOWN, Wis. Subject: Milk Crumb Imports: Recent imports: 1903: Nil; 1965: 2,000,000 Lbs.; 1967: 21,500,000 Lbs. GENERAL COMMENTS Milk Crumb is a sugar-butterfat mixture used in the manufacture of milk chocolate coatings. It is being imported in ever increasing quantities because it is a means of avoiding support prices on milk and sugar. The domestic market for this product is the 600,000,000 pounds of milk chocolate coatings produced in this country. The Department of Agriculture has been appraised of the problem, but has failed to act because they have: 1. Relied on the Tariff Commission's Report on June, 1967, which was completely in error. 2. Misinterpreted Section 22 of the Agricultural Adjustment Act. 3. Completely disregarded their recent Amendment to Section 817.10 of the Sugar Act signed by Secretary Freeman on February 21,1968. A review of the above three facts is included in Exhibit "A". Unless immediate action is taken to curb the imports of chocolate crumb the dramatic increase in the last two years will continue to skyrocket to the detri- ment of the farmer, the sugar refiners, and the Commodity Credit Corporation. Exhibit "B" is a more detailed discussion of the impact of milk crumb imports on our domestic industries, a brief review of the Sugar Act, a detailed comparison of domestic and foreign prices, as well as other pertinent information. RECOMMENDATIONS Initiate immediate action to place milk crumb under quota under authority granted by the Sugar Act Section 1116 U.S.C.-Title 7 or Section 22 of the Agricultural Adjustment Act Section 624 U.S.C-Title 7. EXHIBIT "A" DEPARTMENT OF AGRICULTURE'S POSITIO~T ON MILK CRUMB For the past eight months in numerous letters to Senators, Congressmen, Sugar and Dairy Representatives, the Department of Agriculture has maintained that milk crumb cannot be placed under quota for two reasons: 1. The Tariff Commission's report of June, 1967, recommended against it. PAGENO="0455" 4895 2. The volume of milk crumb being imported (i.e., 21,500,000 pounds in 1967) is not of sufficient volume to materially affect the Price Support Program. Neither of the above statements are valid reasons for excluding milk crumb from our import laws; in fact to use them as such is to distort the truth. ERRORS IN TARIFF COMMISSION'S REPORT OF JUNE 1967 The Tariff Commission's very brief comments in their report of June, 1967, stated the following: 1. "United States consumption of chocolate crumb in recent years has roughly approximated the volume of imports." This statement is a gross error as in 1965 imports were about 2,000,000 pounds while domestic production certainly exceeded 100,000,000 pounds and could possibly be as high as 300,000,000 pounds. 2. "Little if any milk crumb is produced for commercial sale in the United States." Again the Tariff Commission has not documented the fact correctly as our company alone produced over 8,000,000 pounds forcommercial sale. 3. Milk crumb imports "are not likely to become major factors in the United States import trade in dairy products." Less than one year after the Tariff Com- mission's report we have been the imports of crumb skyrocket from 2,000,000 pounds in 1965 to 21,500,000 pounds in 1967. Since most other dairy products are under quota milk crumb has indeed become a major factor in United States import trade. The above three points are the main facts upon which the Tariff Commission made its recommendation to exclude milk crumb. Since their facts were in error their conclusion is brought into serious question. In fact, common sense demands that absolutely no confidence can be placed in their recommendation. FALSE LOGIC USED BY DEPARTMENT OF AGRICULTURE The second reason given by the Department of Agriculture for not including milk crumb under quota, namely; "that the volume of milk crumb being im- ported is not of sufficient volume to materially affect the Price Support Pro- gram," is to treat United States Senators and Congressmen as if they were naive. As recent as February 21, 1968, Secretary Orville Freeman signed an Amend- ment to the Sugar . Act and placed under quota other sugar-butterfat mixtures that in the Secretary's own words "are not even coming into this country." The exact wording in the Amendment (7 CFR 817.10), signed by Mr. Freeman, is as follows: "It is hereby determined that prospective importations into the United States of sugar-containing products with less than 5.5 percent butterfat will substanti- ally interfere with the attainment of the objectives of the Sugar Act and shall be subject to the import limitations provided in this paragraph." To say that products not coming into this country interfere with our Price Support Program on milk and sugar while in the same breath maintaining that another sugar-containing product coming in at the rate of 21,500,000 pounds does not, is sheer nonsense and deserves no further comment. ERRONEOUS INTERPRETATION OF AGRICULTURAL ADJUSTMENT ACT BY DEPARTMENT OF AGRICULTURE There is one point which I believe is important when reviewing the Depart- ment's position. Section 22 of the Agricultural Adjustment Act (7 USC 624) reads as follows: "Whenever the Secretary of Agriculture has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, any program or operation undertaken under this title . . . or to reduce substantially the amount of any product proc- essed in the United ~S~tates from any agricultural commodity . . he shall so advise the President.. . ." Thus, Section 22 which the Department has been quoting as the reason they can do nothing very clearly points out that they do in fact have ample authority to act regardless of the quantity imported when, in fact, imports may "reduce substantially domestic production of any product." Since foreign milk crumb was sold in the United States in January through March Quarter, 1968, for $16.80 per cwt,, while domestic ingredient costs for a similar product were $19.80 per cwt., domestic production already has been and in the future will certainly be reduced substantially. PAGENO="0456" 4896 Since all of the above can be documented the milk crumb industry will be in shambles, to the detriment of the farmer, the sugar refiners, and Commodity Credit Corporation, unless the Department of Agriculture acts immediately. Certainly Section 22 of the Agricultural Adjustment Act or Section 1116 of the Sugar Act gives them ample authority to do so. EXHIBIT "B" IMPACT OF MILK CRUMB ON DAIRY AND SUGAR INDUSTRIES In recent months several sugar refiners and dairy representatives have become increasingly alarmed over the dramatic increase in milk crumb imports. The Department of Agriculture has allayed these fears by pointing to the United States Tariff Commission's report of June, 1967, which stated milk crumb was not likely to become an important factor in sugar imports. This conclusion could not have been further from the truth as in reality the potential market is 300,000,000 pounds dry sugar 60,000,000 pounds milk solids annually. The Tariff Commission estimated the annual United States production of milk chocolate to be 600,000,000 pounds. Of this at least 300,000,000 pounds is sugar and 60,000,000 pounds is whole milk solids. Since sugar and whole milk powder can be purchased cheaper in the form of foreign milk crumb than domestic pur- chases of milk and sugar we can expect a substantial movement to foreign crumb in the immediate future as evidence by the increase in crumb imports from 2,00,000 pounds in 1965 to 21,500,000 pounds in 1967. In addition to stating that crumb imports are not significant the Department has maintained they can not place crumb under quota even if they wanted to do so. Below is a brief discussion of Section 1118 of the United States Code- Title 7 and why the Department indeed does have the authority to act on crumb imports. AUTHORITY GRANTED BY THE SUGAR ACT Section 1116 of the Sugar Act reads in part as follows: "Sugar containing products shall not be subject to quota unless the Secretary determines that the actual or prospective importation will substantially inter- fere with the attainment of the objectives of this chapter. . . . In determining whether the actual or prospective importations will or will not substantially interfere with the objectives of the Act the Secretary shall take into con- sideration: 1. Total sugar content of product or mixture. 2. The cost of the mixture in relation to the cost of its ingredients for use in the United States. 3. The present or prospective volume of importations relative to past importations. 4. Other pertinent information." REASONS MILK CRUMBS MUST BE PLACED UNDER QUCYPA In support of placing milk crumb under quota under the Sugar Act the fol- lowing information is pertinent: 1. Milk crumb varies from 50 percent to 65 percent sugar and thus by volume sugar is the major ingredient in milk crumb. 2. The cost of a typical milk crumb mixture in relation to the cost of Its in- gredients for domestic producers is as follows: 37 percent milk solids (3X$4.17 per cwt.) $12.54 56 percent sugar (56 percentX$10.00 per cwt.) 5.60 6 percent cocoa (6 percentX$25.00 per cwt.) 1.50 Average ingredient cost per cwt 19. 64 Average price of milk crumb delivered to the United States in January through March Quarter-1968 as reported by the United States Tariff Commission: Per hundredweight Netherlands $16. 10 Ireland 17. 80 United Kingdom 16. 80 Belgium 16.00 Average selling price per cwt 16. 68 PAGENO="0457" 487 3. The present volume of importations relative to past importation is as follows: 1965 Imports: 2,000,000 Lbs. (Figure published in the U.S. Tariff Commis- sion's Report of June, 1967) 1967 Imports: 21,500,000 Lbs. (Figure published by the U.S. Tariff Commis- sion in January, 1968) These increases take on even greater significance when it is remembered that crumb is used in only one industry for only one product (i.e., chocojate industry for milk chocolate coatings.) 4. Other pertinent information: (a) One major chocolate manufacturer has already closed its domestic plant which produced milk crumb and is purchasing their requirements overseas. (b) The effect of the devaluation of the British Pound of 20 percent and the most recent increase in the domestic support level on milk has not yet had its effect on import figures as the additional price advantages are just becoming apparent. (c) If the price advantage of foreign crumb continues it is likely that milk crumb will no longer be produced domestically. (d) In the near future many milk chocolate coatings which previously were manufactured using whole milk powder and dry sugar will in the fu- ture be produced using milk crumb. This, in fact, has already taken place to some degree as there is no other explanation for the dramatic. rise in the usage of crumb since 1965. (e) On February 21, 1968, the Department of Agriculture found reasons to amend the Sugar Act and place under quota all sugar-butterfat mixtures containing less than 5.5 percent butterfat. Since justification was found for placing sugar-butterfat mixtures under quota which are not even coming into this country political integrity demands that another sugar-butterfat mixture which in 1967 came in at the rate of 21,500,000 pounds be placed under quota immediately. STATEMENT OF FRED J. GREINER, ExECuTIvE VICE PRESIDENT, EVAPORATED MILK ASSOCIATION Mr. Chairman and gentlemen of the Committee, my name is Fred J. Greiner and I am Executive Vice President of the Evaporated Milk Association, a non- profit corporation organized and existing under the laws of the State of Illinois with offices and principal place of business at ~10 Seventeenth Street, N. W., in Washington, D. C. The Association is organized for the purpose, among others, of promoting the use and consumption of domestically produced canned milk and to undertake and engage in any or all of the specific activities of a trade association for that industry. The Association renders its service to companies producing canned milk in hermetically sealed containers in the United States in approximately fifty plants. SIZE AND IMPORTANCE OF THE INDUSTRY Canned milk in hermetically sealed containers in the United States consists primarily of evaporated milk and sweetened condensed milk. Both of these prod- ucts are major products of the dairy, industry in the United States. USDA statistics indicate that 63,700,000 pounds of sweetened condensed milk and ap- proximately 1,500,000,000 pounds of evaporated milk were produced in 1967. Other indications of the size of the canned milk industry can be determined from the fact that over 3,300,000 base boxes (106,375 tons) of metal were consumed in 1967 in the manufacture of cans for the packaging Of these products. (A. base box is an area of 31,360 square inches, equivalent to 212 sheets, 14 inches times 20 ,inches in size.) There are approximately 4500 direct employees and milk haulers engaged in the day to day operation of bringing milk from the farm and processing it into the products involved. There are approximately 105 milk plants and receiving stations in the United States receiving milk from approximately 36,000 farmers, which is processed into evaporated milk or sweetened condensed milk. PAGENO="0458" 4898 CANNED MILK IMPORTS INTO THE U.S. Imports of evaporated milk and sweetened condensed milk into the U. S. are shown in the following table: U.S. IMPORTS' [In thousands of poundsi Evaporated Sweetened milk, tariff condensed milk, item 0040000 tariff item 0040100 1962 4 2 71 612 1963 3 988 1964 31 1,768 1965 1966 1967 1968: January February March 611 1,311 ~ 89 96 189 1,159 2,678 4,084 200 121 509 666 April May 430 June 825 2241 I Official statistics, U.S. Department of Commerce. 2 Incomplete. - CHEAP OFFERS MADE TO U.S. DOMESTIC MARKET Heavy production of milk in western Europe has been coupled with a deterio- ration of world dairy product prices caused by the subsidization of dairy prod- uct exports by European countries in an effort to reduce internal stocks of dairy products.3 This resulted in a number of firm quotations to export evaporated milk to the U.S. The following are documented offers made to U.S. importers: EVAPORATED MILK Quotation Country Case lots Price 1 West Germany `1, 000 $6.38 ex dock New York duty paid. 2 Denmark $6.23 ex dock New York duty paid. 3 France (2) $6 duty paid to midwest points with freight from New York up to 50 cents. 4 European 5, 000 $5.60 ex dock New York duty paid. 5 do 5,000 Do. 6 Netherlands 5, 000 $5.20 c.i.f. New York plus duty (433~ cents). 1 Containered in 500 lots. 2 Up to 250,000. These compare with U.S. domestic prices varying from $6.90 to $7.85 per case evaporated milk.4 Currently importers are selling foreign sweetened condensed milk (24-14 oz. cans per case) at $4.00-$4.35 per case CIF east coast ports. The comparable U.S. price for sweetened condensed case goods is $7.0O-$8.l0.~ MILK PRODUCTION IN EUROPE Practically all price quotations received by American importers of evaporated milk have been from European countries. Therefore, the supply of total milk in the milk producing countries in Europe is important. The following table indi- cates the milk production for certain countries for the periods indicated: 3 Situation-USDA-March 1968. 4Dairy and Poultry Market News-USDA-APril 26, 1968. PAGENO="0459" 4899 MILK PRODUCTION 1 [In millions of poundsj . Average, 1956-60 1965 1966 1967 Belgium Denmark 8,320 11,633 46,037 13,833 39,604 8,689 11,832 59,020 15,745 46,854 8,823 11,704 61,971 15,950 47, 544 8,853 11,484 63,933 16,479 48,390 France Netherlands West Germany Total 119,427 142,140 145,992 149,139 I Foreign Agriculture Circular, USDA, January 1968. Thus, the 1967 aggregate milk production of the five countries indicated exceeds by almost 25% the total U.S. milk production of approximately 120 billion pounds. The aggregate milk production in these countries has increased in 1966 and again in 1967 at an annual rate in excess of the total quantity of milk used in the U.S. for evaporated milk production. EFFECT ON PRICE SUPPORTS-DOLLAR DRAIN The total production of evaporated milk in the United States in 1967 was 34 million cases; for sweetened condensed milk it was approximately 3 million cases. If this total milk supply was converted to products under the price support pro- gram of the United States Department of Agriculture, the cost to the government and hence to the taxpayers would be well over 160 million dollars. In addition, the potential loss to the U.S. in the form of a drain on the balance of payments would be over 200 million dollars in the event that the domestic pro- duction of canned milk was replaced completely by imports. PRESIDENT TAKES ACTION UNDER SECTION 22 In view of the cricumstances facing the domestic canned milk industry, Presi- dent Lyndon B. Johnson on June 10, 1958 issued a Proclamation1 establishing emergency import quotas on evaporated milk and sweetened condensed milk. The action was taken under Section 22 of the Agricultural Adjustment Act of 1937, as. amended, which provides that whenever the Secretary of Agriculture has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quan- tities as to render or tend to render ineffective or materially interfere with any program or operation undertaken under this Title Or any loan, purchase, or other program of operation undertaken by the Department, he shall so advise the Presi- dent, and, if the President agrees that there is reason for such belief, the Presi- dent shall cause an immediate investigation to be made by the United States Tariff Commission. The Act further states that in any case where the Secretary of Agriculture de- termines that a condition exists requiring emergency treatment, the President may take immediate emergency action and simultaneously direct the Tariff Com- mission to investigate and make recommendations. Needless to say, this segment of .the domestic agriclltural economy is gratified at the actions .taken by the President in saving the industry from literal destruc- tion by cheap foreign imports. PREVIOUS ACTIONS OF USDA Despite our gratification at the recent actions taken in behalf of the industry, it should be pointed out that the setting of quotas under Section 22 is no with- out problems in terms of product classification. In his recommendation to the President of March 30, 1967, the Secretary of Agriculture asked that the U.S. Tariff Commission investigate the need for im- port restrictions on articles containing not over 45 percent by weight of butterfat, °Presidentlal Proclamation 3856-June 10, 1968. PAGENO="0460" 4900 etc. and specifically ea'cepted "articles packaged for distribution in the retail trade and ready for use by the purchaser at retail for an edible purpose or in preparation of an edible article." The President, in his April 3, 1967 letter to the U.S. Tariff Commission, used the same language in outlining the articles or products to be considered in the investigation to be made by the Tariff Commission. Thus, the request of USDA and the President to the Tariff Commission in late March and early April, 1967 covered bulk goods but did not cover imports of canned evaporated milk or sweetened condensed milk for retail distribution. At that time (14 April 1967) the evaporated milk industry directed a letter to the Secretary of Agriculture vigorously protesting any possible retail exemption. It was pointed out on that occasion that imports of evaporated milk into Puerto Rico increased almost 300% during the period 1965 through 1966 and were run- ning at a rate of almost a million pounds a year, from practically no imports in 1963. All of these imports were replacing sales in Puerto Rico that have been made traditionally by U.S. suppliers. Thus, at that time the pattern of imports of these products into the United States was clear and concise. It was not until the Industry was poised on the brink of disaster in the spring of 1968 that the Secretary of Agriculture took the necessary measures under Section 22 to head off imports. It should be noted that the quotas that are estab- lished by the Presidential Proclamation of June 10, 1968 set the rate of imports for evaporated milk and sweetened condensed milk at their highest level, i.e., 1967. Thus, it is obvious that importers of foreign evaporated milk or sweetened condensed milk are being given more than their fair share, on a historical basis, of the U.S. market. IMPORT MILK ACT IMPLICATIONS At the time of the Presidential Proclamation, June, 1967, any country wishing to export evaporated milk or sweetened condensed milk to the United States had to comply with the Import Milk Act. Briefly, this Act states that the export- ing country must apply for a permit and meet certain farm or plant standards before their products will be acceptable in the United States. In September, 1966, the Food and Drug Administration ruled that evaporated milk and sweetened condensed milk were covered by the Act.6 However, on March 22, 1968, a Justice Department opinion prompted the Food and Drug Administration to reverse its ruling by revoking Section 3.56 of the Food and Drug regulation. Thus evaporated milk and sweetened condensed milk no longer came under the jurisdiction of the Import Milk Act.7 On May 10 the Federal Food and Drug Adfninistration again changed its posi- tion and announced that while sterilized evaporated milk in cans continues to remain outside the coverage of the Federal Import Milk Act, all other milks and creams, including canned sweetened condensed milk, would from that date re- quire permits. A calm appraisal of the requirements of the Import Milk Act, however, re- veals that they afford only minimal protection against importation of foreign products. The Act puts forth simple health requirements that can be complied with easily by any foreign plant and should not and cannot be confused with a quota limitation. This is dramatically emphasized by the fact that imports of canned milk reached an all time high in 1.967 when the provision~s of the Import Milk Act applied to both canned evaporated milk and canned sweetened condensed milk. Furthermore, since Food and Drug has waived the right to make necessary in- spections with U.S. personnel and allowed such certification to be made by an agency of the exporting government, the import permits under the Act do not provide the protection for U.S. consumers we believe was intended by the Congress. It should also be pointed out that the~ Federal Import Milk Act does not apply to Puerto Rico-the major target for evaporated milk imports through 1967 and in early 1968. 6 31 P.R. 11935, September 10, 1966. 33 P.R. 4881, March 22, 1968. PAGENO="0461" 4901 SUMMARY Several factors have combined to give grave concern to the domestic evaporated milk and sweetened condensed milk industries. These are: (1) A gradual and steady increase in European surplus milk causing this milk to look for an outlet in the world market place; (2) A steady increase in the U.S. price support level with commensurate in- creases in prices in the retail market place. Thus, the U.S. market becomes more attractive to European suppliers; (3) U.S. quota restrictions on other major imported dairy products caused potential European marketers to export canned milks which were nonquota items in the U.S. (4) Previous pleadings of the industry to the Tariff Commission prior to June, 1968 had been to no avail. It was not until substantial quantities of prod- ucts were imported into the United States and the industry was on the brink of disaster that appropriate action was taken. While the industry welcomes and sincerely appreciates the action of the President in establishing emergency quotas on canned milks, we have no as- surance that the Tariff Commission will subsequently make the canned milk quota permanent. Even if the quotas are made permanent, we become deeply concerned that importers will find devious ways to evade quotas, and the intent of the Secretary of Agriculture, as they have in the past. We conclude that a long range solution to the problem of retaining a fair share of the total U.S. domestic dairy market for imported products that will be equitable and reasonable for all segments of the domestic industry would be additional legislation. Proposed legislation such as H.R. 3816, Sisk (D-Calif.) and cosponsored by over 200 members of the House of Representatives would assure that the intent of the Secretary of Agriculture relative to dairy imports would be carried out quickly and efficiently. We urge that this Committee give serious consideration to expediting this type of dairy import legislation. KOLB-LENA CHEESE Co., Lena, Ill., May 23, 1968. Hon. WILBUR P. MILLs, House of Representatives, Washington, D.C. DEAR MR. MILLS: We have learned of the forth-coming hearings on tariffs and trade and would like to advise our position. We have manufactured foreign type cheese for forty-three years and have recently noticed a sharp decline (ranging from 12 to 83% in our New York City sales due to the increased amounts of French and Danish cheese entering the American market. NEW YORK CITY SHIPMENT OF CHEESE 1964 1965 1966 1967 1st- quarter sales 1967 1968 Decrease (percent) Rexoli-lunch Camembert whole Camernbert3 port 687 1, 728 155 513 1, 676 184 379 735 26 294 38 10 102 24 50 4 50 86 Camembert6 port K Brie wholes 659 436 677 501 420 327 425 10 119 6 64 4 4 Delico Brie Delico5wiss 14,628 6,520 16, 995 6,280 15, 035 7,360 345 16,968 5,860 90 4,360 1,600 76 3,329 1,400 13 20 12 As you may know, Europe is currently faced with an over-production of milk and is~ trying through every media to find a profitable outlet which means the U.S Market. Now, not only to assist the American Dairy farmers' position, the Amer- ican Dairy plant employees' position, but the American dollar drain, we urge you to place a strict quota or tariff on all imported Dairy Products. I)airy import standards should also be checked as we are continually improving our quality regulations. PAGENO="0462" 4902 Please give the above matter your consideration and help our domestic dairy- men and manufacturers by stopping additional dairy products from entering our markets. Very truly yours, DOROTHY DEMETER, Mrs. James Demeter. Mr. BURKE. Our next witness is Mr. William M. Hannon. We welcome you to the committee, Mr. Hannon, and if you will identify yourself, you may proceed. Also identify your associate. STATEMENT OF WILLIAM M. HAI~ON, CHAIRMAN, WASHINGTON AFFAIRS COMMITTEE, BICYCLE MANUFACTURERS ASSOCIATION; ACCOMPANIED BY THOMAS F. SHAI~NON, GENERAL COUNSEL Mr. HANNON. Mr. Chairman, my name is William M. Hannon. I am president of the Murray Ohio Manufacturin~ Co., of Nashville, Tenn., and I appear today as chairman of the Washington Affairs Committee of the Bicycle Manufacturers Association, Inc. The Bicycle Manufac- turers Association is a nonprofit trade association with headquarters in New York City. A list of members of the association appears as an appendix to this statement. These members produce virtually all the bicycles made in the United States. I have with me tod.ay our general counsel, Thomas F. Shannon. We are here today because we are deeply concerned about the future of our industry in the light of certain recent trends in U.S. foreign trade and trade policy. Our industry knows something of import injury. In 1948 imports were less than 1 percent of our market. In 1955 over 40 percent of bicycles sold in the United States were produced abroad. We survived that injury, and today I am happy to tell you that our sales are i~p. However, imports are over 20 percent of the domestic consumption for the first 4 months of 1968, and we have a healthy respect for what imports can do to our industry in a very short period of time. We see some disturbing similarities between the circumstances of the late 1940's and the late 1960's. The GATT negotiations of 1947 cut the duty on lightweight bicycles from 15 to 7½ percent. This cut became effective on January 1, 1948, and began to make itself felt almost immediately. By 1955 imported bicycles had captured 41.2 percent of the American market. The American bicycle manufacturers were in serious trouble. We saw it coming early. The tariff cuts of 1947 brought import penetration of 1 percent in 1949 and 3 percent in 1950. In 1951, with imports holding 8.5 percent of our market, we drew attention to this rising rate and applied for escape clause relief, which was refused by the Tariff Commission. In 1954 we tried again, with 38 percent of our market lost to imports. On March 14, 1955, the Tariff Commission found that bicycle producers as a group were in major distresses as to profits, market share, employment, and production, and that massive increases in imports were to blame. The Commission said: The principal cause of the increase in imports has been the reduced rates of duty reflecting the trade agreement concessions made on bicycles. The Commission recommended substantial increase in duty rates on imported bicycles, to 221/2 percent. The President acceded on all but PAGENO="0463" 4903 the lightweight bicycles which by then were accounting for over 60 percent of all imports. The lightweight duty was raised from 71/2 percent to 111% percent. At that point, Mr. Chairman, we began to recover. A principal element in our recovery was this tariff increase. A second important factor was an extensive reorganization of our entire industry. All of us cut our costs and prices in every conceivable way in order to remain as competitive as possible. We invested inten- sively in new facilities and equipment. The average price of a U.S.- produced bicycle today is lower than the 1956 average price. That is, a bicycle with comparable specifications costs less today than it did in 1956. All of us were forced to turn to imported parts, such as tires, brakes, and chains. By these drastic measures, our industry survived. Imports dropped to 750,000 bikes, or 28 percent of the market in 1957. From then until 1963 they increased very slowly to 1.3 million bicycles, or 30 percent of the U.S. market, and in 1963 we brought out the first high-rise bicycle. The high-rise bicycle, shown in appendix II, photograph No. 3, was our ultimate answer to the imported bicycle. It was designed and de- veloped and built and marketed in the United States by U.S. manu- facturers specifically and especially for the U.S. market. I think the figures will show how successful the design and marketing of this model was. In 1964 the high-rise bicycle cut imports by 250,000 bi- cycles, and reduced the import market share by one-third, from 29 to 19 percent. Since then our sales have continued to increase, principally because of our energetic marketing of this machine. Well, Mr. Chairman, it took the foreign manufacturers just 2 years to catch. Table 2 in appendix I shows the rapid shift in import em- phasis from lightweights to high-rise, copied bolt for bolt from U.S. models. The oversea producers are now in full high-rise production, with startup problems and costs behind them. Their shipments to the United States of this U.S. designed and developed bicycle has enabled them to reserve their declining market share trend from 16.1 percent in 1966 to 17.7 percent in 1967, and over 20 percent for the first 4 months of 1968. With the Kennedy round duty reductions of 50 per- cent now scheduled by 1972, we anticipate a further sharp increase in imports. This situation worries us in the bicycle industry. The two principal factors which combined to permit the sharp rise in imports in the 1948-55 period were the GATT tariff cuts and domestic interest in the lightweight bicycle which the foreigners could produce cheaper than we could. We see those same factors at work today, in the Ken- nedy round cuts and the massive import concentration in the high- rise bicycle, which the importers are landing in this country and sell- mg at prices considerably below our costs. Foreign manufacturers also receive the benefit of various subsidies and rebates which help them in the exportation of products. We have once before fought and recovered from massive import injury, but this time we see the circumstances as more restricting and the injury as more serious. The parallels to the import challenge of the early 1950's are easy to find, Mr. Chairman, but as an industry we are less able to respond to this challenge than we were in 1955. We expended all our ammunition in that fight. We are already using foreign-made parts to maximum PAGENO="0464" 4904 economic advantage. We have streamlined and modernized our plants and manufacturing equipment and innovated new bicycle designs. Our next step must be exportation of jobs and importation of finished and assembled bicycles. When that happens millions of dollars of equip- ment and thousands of American jobs must be discarded. It is easy to say, "Why not do what you did in 1964? Why not develop a brand new kind of bicycle that can repeat the success of the high-rise?" Mr. Chairman, and members of this committee, we will continue to use all the ingenuity, technology, and marketing skill of the industry to combat this problem but the acceptance of a new prod- uct rests solely with the American public. Even if we were guaranteed such a success, the foreigners have shown that they can copy our designs and start shipping the new products into the country in a rela- tively short period of time. Mr. Chairman, we see that the bicycle industry stands to suffer serious injury within a very few years and we are in a position to speak with some authority on this subject. We also see that our survival of another 40 percent penetration of our markets by imports will be difficult. So we need and ask for your help, Mr. Chairman. We don't claim that we are today in an extreme condition, although our market loss is twice that of other industries appearing here. We say we are threatened by imports, that unless some relief can be provided when we need it we will suffer serious harm, and that present avenues of relief are wholly inadequate. We need objective standards established by Congress which will re- quire the imposition of effective relief measures when imports reach a certain level. To us, effective measures mean quantitative limitations on the importation of bicycles into this country. We recognize that the foreigners have established a share in our market and in the growth of our market. However, it is not in our interest or the national interest to see the destruction of an industry and its employees through a flood of imported bicycles coming into this country. Mr. B1JRKE. Thank you. The appendixes that you have included here will be included with your statement. Mr. HANNON. Yes. (The appendixes follow PAGENO="0465" 1931-39 average 1947 1948 1949 1946-49 average 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 (2) 11,400 1.3 2, 875, 000 19,758 2, 894,758 . 7 2,794,516 16,774 2,811,290 .6 1,483,009 15,935 1,498,944 1.1 2, 201, 362 24, 826 2,226, 188 1. 1 1,963,716 67,789 2,031,505 3.3 1,918,923 176,644 2,095,567 8.5 1,930,307 245,763 2,176,070 11.3 2,083,439 592,999 2,676,438 22.2 1, 554,233 963,667 2, 517,900 38. 3 1,749,322 1,223,990 2,973,312 41.2 1,761,702 1,174,214 2,935,916 40.0 1,906,973 749, 780 2,656,753 28. 0 2,104,549 823,914 2,928,463 28.0 2, 562, 325 1, 013, 794 3, 576, 119 28. 0 2,584,622 1,186,596 3,771,218 31.5 2, 579, 093 1, 085,239 3,664, 332 29. 7 2,954,215 1,266,790 4,221, 005 30.0 3, 116,263 - 1, 398,900 4, 464,263 31. 3 4,082,563 1,010,035 5,092,596 19.8 4,618, 743 1, 038, 884 5,657,627 18. 3 4, 829, 122 927,223 5, 756, 345 16. 1 5,180,352 1,117,246 6,297,598 17.7 1 Imports plus production. U.S. exports of bicycles are negligible, averaging 0.1 percent of production since 1963. 2 Not available. TABLE 2.-U.S. IMPORTS OF BICYCLES (In thousandsi Lightweights Hig h rise Quantity Percent of total Quantity Percent of total 1964 843 83 130 13 1965 737 71 260 22 1966 484 52 390 45 1967 417 37 649 58 1st quarter, 1968 54 26 146 71 4905 APPENDIX I TABLE 1.-U.S. PRODUCTION AND IMPORTS (Number of bicyclesi Domestic Apparent 1 Year production Imports consumption Percentage ratio of imports to apparent consumption 95-159 O-68---pt. 1O-30 PAGENO="0466" 4906 APPENDIX II AMERICAN BICYCLES. 9-230 Middleweight 8-120 Lightweight High-rise PAGENO="0467" 4907 APPENDIX III MEMBERSHIP OF BICTCLE MANUFACTURERS AssocrATIoN AMF Wheel Goods Division, P.O. Box 344, Olney, Illinois 62450 Chain Bike Corporation, 350 Beach 79th Street, Rockaway Beach, New York 11693 Columbia Manufacturing Co., Inc., Westfield, Massachusetts 01085. Excelsior Manufacturing Co., Inc., Kentucky and Williams Streets, Michigan City, Indiana 46360 Huffman Manufacturing Company, P.O. Box 1036, Dayton, Ohio 45401 Huffman Manufacturing Company of California, 1120 West Foothill Boulevard, Azusa, California 91702 MTD Products, Inc., 5389 West 130th Street, Cleveland, Ohio 4411 Murray Ohio Manufacturing Company, 635 Thompson Lane, Nashville, Ten- nessee 37204 Schwinn Bicycle Company, 1856 North Kostner Avenue, Chicago, Illinois 60639. H. P. Snyder Manufacturing Co., Inc., Little Falls, New York 13365 Stelber Cycle Corporation, 91-31 Queens Boulevard, Elmhurst, New York 11373 Mr. Buniu~. Are there any questions? Mr. CONABLE. Mr. Chairman. Where are most of these bicycles coming from, from Austria, Ger- many, and Japan? Mr. HANNON. And England. Those four countries are the principal importers. Mr. BURKE. Thank you very much, Mr. Hannon. That concludes the witnesses for today, and the committee will stand adjourned now to meet at 10 a.m. tomorrow morning. (Whereupon, at 3:10 p.m., the committee adjourned, to reconvene at 10 a.m., Tuesday, July 2, 1968). PAGENO="0468" PAGENO="0469" FOREIGN TRADE AND TARIFF PROPOSALS * TUESDAY, JULY 2, 1968 HousE OF REPRESENTATIVES, COMMIrrEE ON WAYS AND MEANS, Wa~shington, D.C. The committee met at 10 a.rn., pursuant to notice, in the committee room, Longworth House Office Building, Hon. A. S. Herlong presiding. Mr. HERLONG. The committee will be in order. Mr. TJtt. Mr. Urr. Mr. Chairman, I would like to have unanimous consent that a statement I have here from the Young Americans for Freedom, with reference to East-West trade, be placed in the record. They would like to file the statement for the record. Mr. HERLONG. Without objection it will be included in the record. (The statement referred to follows:) STATEMENT OF RANDAL CORNELL TEAGUE, DIREcTOR OF REGIONAL AND STATE ACflVITIES, YOUNG AMERICANS FOR FREEDOM, INC. THE YOUNG AMERICAN'S VIEW OF EAST-WEST TRADE-PHILOSOpHy AND ACTION Mr. Chairman and Members of the Committee: Young Americans for Free- dom-YAF--was founded in September 1960 in Sharon, Connecticut, by college students and young adults Who were deeply concerned over the foreign and domestic policies of our government and over various trends on our nation's campuses. During the last eight years, YAP has grown into an organization of several tens of thousands of high school and college students and young adults and has organized chapters on nearly three hundred college campuses. Our na- tional advisory board now consists of nearly fifty Members of Congress and of several hundred of our nation's leading business, professional, civic, educational, literary, and religious leaders. Criteria for policy evaluations The philosophical foundationa for all considerations of policy issues by the officers and members of YAP is the Sharon Statement. Adopted in 1960 at our founding meeting, this Statement outlines our overall viewpoint of today's cri- tical issues. The Statement reads: In this time of moral and political crisis, it is the responsibility of the youth of America to affirm certain eternal truths. We as young conservatives, believe- That foremost among the transcendent values is the individual's use of his God-given free will, whence derives his right to be free from the restrictions of arbitrary force; That liberty is indivisible, and that political freedom cannot long exist without economic freedom; That the purposes of government are to protect these freedoms through the preservation of internal order, the provision of national defense, and the administration of justice; That when government ventures beyond these rightful functions, it accu- mulates power which tends to diminish order and liberty; That the Constitution of the United States is the best arrangement yet de- vised for empowering government to fulfill its proper role, while restraining it from the concentration and abuse of power; That the genius of the Constitution-the division of powers-is summed up in the clause which reserves primacy to the several states, or to the (4909) PAGENO="0470" 4910 people, in those spheres not specifically delegated to the Federal Government; That the market economy, allocating resources by the free play of supply and demand, is the single economic system compatible with the requirements of personal freedom and constitutional government, and that it is at the same time the most productive supplier of human needs; That when government interferes with the work of the market economy, it tends to reduce the moral and physical strength of the nation; that when it takes from one man to bestow on another, it diminishes the incentive of the first, the integrity of the second, and the moral autonomy of both; That we will be free only so long as the national sovereignty of the United States is secure; that history shows periods of freedom are rare, and can exist only when free citizens concertedly defend their rights against all enemies; That the forces of international Communism are, at present, the greatest single threat to these liberties; That the United States should stress victory over, rather than coexistence with, this menace; and That American foreign policy must be judged by this criterion: does it serve the just interests of the United States? Mr. Chairman, the review by this Committee on this nation's overall trade policies is commendable. Young Am~ricans for Freedom is interested in the products of this Committee's careful deliberations on what statutory and admin- istrative revisions need to be made with respect to our foreign trade policies. We are, however, particularly concerned about one aspect of our trade policies- East-West trade. As all members of this distinguished Committee are aware, East-West trade, since the Administration's recent proposals for the `~building of bridges" with the East, ha.s become a matter of increasing debate and to many groups and individuals a matter of increasing concern. Any comprehensive overhaul of our nation's trade policies will probably necessitate amendments to statutory provisions relating to trade with Communist countries, particularly those of Eastern Europe. It is our intent here today to give to this Committee our view of what con- siderations ought to be weighed in any revisions of our nation's East-West trade policies and what we feel ought to `be the outcome of this Committee's deliberations. Why opposition to East-West trade? Mr. Chairman, based on the criteria of the Sharon Statement, the members of Young Americans for Freedom are opposed to trade of a strategic nature with Communist nations. Generally speaking, it is our view that the struggle between freedom and Oommunism is a total one, not by our own choice, but rather by the nature of the Communist adversary. We feel this struggle encompasses all means of competition, including military, economic, and political competition, and we also feel that it should be the policy of the United States to win this struggle with a minimum of overt military conflict. To some degree this can be achieved by the United States regulating its economic policies with other nations with full consideration of the likely effects those policies will `have upon the capaibili- ties of the Communist governments to compete against the Free World. Why do we oppose the East-West trade proposals of the present Administration? As long as twenty-five centuries ago, the Greek dramatist Aeschylus wrote- So in the Libyan fable it is told That once an eagle, stricken with a dart, Said,when he saw the fashion of the shaft, "With our own feathers, not by others' hands, Are we now smitten" The East-West trade posture of this Administration looks strikingly as if it could become the eagle of that drama. Less than half a century ago, Nikolai Lenin wrote- On the basis of observations gathered during my years of exile, the "cul- tured" class of the capitalist countries of Western Europe and America, i.e., PAGENO="0471" 4911 the ruling classes, the financial aristocracy, the bourgeoisie and the idealistic democrats should be regarded as deaf-mutes and treated accordingly The deaf-mute capitalist *hoarders, their governments, the Chambers of Commerce, the federations of industry, bank groups, steel kings, rubber kings, aluminum kings and others will close their eyes to the above-mentioned truth and so become blind, deaf, and dumb. They will grant us credits, which will fill the coffers of the Communist organizations in their countries while they enlarge and improve our armament industry by supplying `all kinds of wares, which we shall need for future and successful attacks against our sup- pliers. Lenin's comments are, to us, a reflective commentary on the strategy which underlies both the long-range and the short term positions of the Communists in support of East-West trade. Mr. Chairman, there are certain realities rtbout Ea'st-West trade which cannot be overlooked. Communists carry out trade only through the officials of political regimes. Their motives, even in the area of trade, are political and, as the Republican Task Force on East-West Trade h'as so well put it, power-oriented. `Communist regimes are committed to a policy of hostility to the Free World. particularly the United States, and this policy is aimed at our entire society. Communist nations have very little that we need, not only in commodities, but more importantly in technology, while the Free World has much to offer in both categories. Some of our national policy-making leadership appears to often look at Commu- nism as a system which does not constitute a vital threat to the Free World, that will and must somehow soon pass away, and which will eventually yield to normalcy. We must also remember that the amount of private consumption is effectively controlled by the `state in Communist countries and that their governing regimes are committed to give first economic priority to their power purposes. Western trade representatives would enjoy contact only with a few government officials appointed by the Communist elite, which officials are tested for their political reliability, as well as administrative competence and which are Subject to removal at the whim of the regime. These Communist regimes have the capac- i:ty and the will to decide what the consumers share of the nation's material goods sh'a'll be, which, in the past, have remained on a very low priority. As all of us are aware, recent Administrations, particularly this one, have adopted policies described as "building bridges to the East." While this concept of lessening tensions `between East and West may sound good on its face, the bridges which the present Administration proposes to build are, in reality, one- way avenues carrying benefit to the Communist nations with little, if any, benefit to the Free World. Of the greatest concern to our members is the Hypocrisy of `68-the waging of a war `against the Ooinmunists in Southeast Asia by the United States, while, at the same time, the present Administration seeks to trade with Oommunist gov- erninents providing war materials to our adversary in Asia. At a time when the Soviets boast of supplying North Vietnam with eighty-five percent of its war materials, and at a time when American soldiers are dying because of the use of that war material, it is incomprehensible to us as to why our government seeks to bolster the countries of Eastern Europe. Young Americans for Freedom has also been disturbed at the policy of the Department of State of encouraging businessmen to participate in the develop- ment of industrial capacities of Communist countries, which devlopment can oniy increase the Oommunist capability to compete with the West in economic, as well as military, means. We are also alarmed at the increasing number of items which our government deems as non-strategic, despite the Congressional ex- posure of many of these so-called non-strategic items as strategic indeed. Wivit is "strategic"? Young Americans for Freedom, as I have indicated, is opposed to trade of a strategic nature. Of course, whether a particular good is strategic or non- strategic depends, to some extent, on the need of the purchasing Communist country for the product as an instrument of state control, planning, or corn- PAGENO="0472" 4912 initment, and its potential military or pam-military capabilitiea There are~ how- ever, items which there would probably be some consensus toward as being of a non-strategic mature, e.g., tooth brushes and golf bails. Nonetheless, even trade in tooth brushes and golf balls should be coupled with several considerations. Will the purchase of the item by the Communist country permit that country to divert natural and manpower resources which would otherwise have been re- quired for the manufacture of the item to military or related purposes? Will the Free World obtain some type of definite concession from the Communist gov- ernment as a part of the trade deal? Will the items be used by the Communists as a prototype? Will the items help them overcome a shortage which it is to the advantage of the West that we do not help them repair? Will the payment for the items be in such a way as to give the Oomniuntst financial advantages? These questions must be posed and satisfactorily resolved as to any trade pro- posal. If the answer is, "Yes", to any one of them, it should be considered a strategic good and therefore, not traded. If our nation is to participate in any trade with Communist countries, such trade should clearly be non-strategic by the foregoing analysis. Furthermore, our East-West trade policies should rest upon the concept of an incremental, re- ciprocal trade policy, i.e., we do not trade with the Communist governments un- less we are given something in return which we can reasonably determine will. result in the long-range enhancement of liberty within the country we are sup- posedly trying to wean away from the Soviet Union. An incremental, reciprocal trade policy would require a step-by-step, cautious approach to East-West trade. It would require a quid pro quo trade relationship between the United States and the purchasing country, rather than the present one~way avenue of benefit to the Communist country. If effectively and reliably implemented, it could success- fully result in the weaning away of at least a few of the Eastern European countries from total dependency upon the Soviet Union, something which must eventually be done if these countries are to be salvaged for the West. A trade policy of this type would necessarily have to be based upon the return of gold for the purchase of our goods, rather than unstable currencies or long-term credits. Y.A.F. policy statements on East-We8t trade As I indicated earlier, YAF members have been concerned about the overall bridge-building policies of our government and about certain trade deals. The official policy positions of Yonug Americans for Freedom on East-West trade have been expressed in several publications which have received wide distribution. Most notable among these items are the 1965 and 19fi7 resolutions on East-West trade of our national conventions, a statement of policy in the August 1965 issue of our national magazine, our East-West trade issues paper, an editorial in our national publication of April 1968, and the remarks of our National Chairman before the annual stockholders meeting of the International Business Machines Corporation this year. I respectfully submit these to the Chair for its consideration of them at this point in the record, for inclusion therein. This statement is, to a great degree, buttressed `by these statements of policy, and would, therefore, be incomplete without their inclusion. (Statements of policy.) TRADE WITH COMMUNIST NATIONS RESOLUTION ADOPTED BY DELEGATES TO THIRD NATIONAL CONVENTION, YOUNG AMERICANS FOR FREEDOM, INC., AUGUST 1965 Whereas: The struggle between freedom and Communism is total, not by our choice, but by the nature of our adversary, and encompasses all means' of com- petition, including military, political, and economic; and, Whereas: It should be the policy of the United States to win this struggle with a minimum of overt military conflict and, therefore the United States should regulate its economic policies with full consideration of the likely effect upon the Communist capabilities for competition; and, PAGENO="0473" 4913 Whereas: The Administration has adopted a policy described as "building bridges to the East," which are in reality one-way avenues carrying benefit to the Communist nations with no benefit to the Free World; and, Whereas: Most serious is the policy of the State Department of encouraging Western Businessmen to participate in the development of a strong industrial capacity in Communist countries which can only increase the Communist ability to compete with the West in either economic or military ways; Therefore Be It Resolved, that Young Americans for Freedom, Inc. opposes all trade of a strategic nature with any communist nation, and, Be It Further Resolved; that we will employ all our rights under the Con- stitution and all our efforts as a political action organization *to inform the American people of any proposed deals of a strategic nature, and toward this end we recommend the creation of a special YAF advisory committee of prom- inent citizens, businessmen and experts in the field of foreign trade to advise us in each instance as to whether a trade deal proposed by an American Com- pany would further the political, economic or military potential of the Corn- inunists. EAST-WEST TRADE RESOLUTION ADOPTED BY THE CHAPTERS, AS REPORTED BY THE COMMITTEE ON RESOLUTIONS OF THE NATIONAL CONVENTION OF YOUNG AMERICANS FOR FREEDOM, 1967 Whereas, the struggle between freedom and communism is total, not by our choice, but by the nature of our adversary, and encompasses all means of com- petition, including military, political and economic; and Whereas, it should be the policy of the United States to win this struggle with a minimum of overt military conflict, and therefore the United States should regulate its economic policies with full consideration of the likely effect upon the Communist capabilities for competition; Therefore be it resolved that Young Americans for Freedom, Inc. opposes all trade of a strategic nature with any CommuniSt nation SO long as they wage war against us though we support the use of trade in non-strategic items as a weapon of cold war policy. Be it further resolved that we condemn the policy of the present administra- tion of extending credits to Communist countries. Be it further resolved that we will employ all our rights under the Constitu- ~ion and all our efforts as a political action organization to inform the American people of any proposed deals of a strategic nature. [From the New Guard, August 19651 A STATEMENT OF POLICY-TRADING WITH THE ENEMY Early this Spring our Philadelphia YAF organization learned that the Fire- stone Tire and Rubber Co. was negotiating with the government of Communist Rumania to build an entire synthetic rubber plant in that country. Few needed an explanation of the vital and strategic role which synthetic rubber plays in any war effort or the buildup of military power. What was started by Philadelphia YAP sparked a wave of protest demonstra- tions around the nation. As a climax of the campaign to inform the public of the Firestone negotiations, which were fully approved by the State Department, YAF planned an appropriate demonstration at the Memorial Day "Indianapolis 500" race. It is at this annual auto racing classic that the major tire and rubber com- panies stage their most intensive promotion. Abruptly, on April 20, 1965, Firestone announced that it was cancelling all negotiations with the Rumanians. It was obvious that Firestone feared economic losses at home because of their participation in a trade deal with the Reds. The Fuibright speech The incident appeared closed until July 26. On that day Senator William Ful- bright (D-Ark.) took the Senate Floor to denounce YAP, Firestone, the State PAGENO="0474" 4914 Department, and the Goodyear Tire and Rubber Co., the latter company having refused to build a rubber plant in Rumania because it felt that such a plant would have materially aided the Communist military potential. Sen. Fulbright's speech was given in pontifical tones, castigating all those with the temerity to disagree with his own ideas on foreign policy. He characterized YAP as "extremist" and a "vigilante group," and referred to our educational campaign about the Firestone deal as "nuisance activities." That same afternoon in the Senate, Senator Strom Thurmond of South Carolina answered Sen. Fuibright and documented YAF's history and aims. Sen. Thurmond enumerated YAP activities which have gained the endorsement of such leading Americans as former Presidents Hoover and Eisenhower, former Vice President Richard Nixon, and even the Democratic Leader of the Senate, Mike Mansfield of Montana. He placed in the Congressional Record the Sharon Statement and the long list of Members of the House and Senate who serve on YAP's Advisory Board. Sen. Thurmond emphatically denied a Fulbright insinuation that there had been collusion between YAP and Goodyear against the Firestone deal. Congressmen John Ashbrook, James Utt, and E. Ross Adair also defended YAP and opposed Fulbright and the Firestone deal. The (JMcago Tribune sided with YAP and skillfully destroyed the faulty Fuibright logic. Sen. Fulbright's speech brought a tremendous expression of support to na- tional YAP headquarters. The logical question has been posed and we as a politi- cal action organization must answer it-where do we go from here? In response, the Policy Committee of the national Board of Directors has unanimously agreed upon the following guide lines for future YAP action on proposed trade deals with Communist nations which will aid the Red military potential: First, we intend to mount a national citizens' crusade to prevent, if possible, any future ti~ade deals with the Reds which will h'~lp them advance the day when they can, as Khrushchev has said, "bury us." In principle we oppose all trade with Communist nations, but as an organization limited in funds and membership, we will concentrate our efforts against those trade deals which plainly give aid and comfort to the Communist enemy by building up their military power. In doing this we fully realize that we must oppose the stand our government has taken and its official designation of what is "strategic." Already, in response to the Fuibright speech, President Johnson has ordered a State Department investi- gation to find oust why the Firestone deal fell through. The President has also stated his support of the Firestone deal and such trade in general. Secondly, we will document our charges adequately, and do not intend to make generalized, or indiscriminate accusations against U.S. business concerns which trade with Soviet bloc nations. Neither do we intend to sit idly by while the big businessmen who fawned over LBJ during last year's election campaign reap profits with official govermnent approval by trading with the enemy. YAP will form an official advisory committee of noted experts on the matter of strategic trade and with its advice will inform the nation about proposed trade deals which are against America's best interests. Thirdly, we will use all responsible means of free speech and assembly per- mitted by the Constitution. We will not engage in boycotts, but we will mount massive informational campaigns so that the American public can have the facts and decide for themselves if they approve of American businesses trading with the enemy. National YAP will provide factual information and research materials to our chapters and members. Wlz~y YAF must act Only twenty-four hours prior to Sen. Fulbright's attack on YAP, the Rumanian Communist Party Congress meeting in Bucharest, together with representatives of Soviet Russia and Red China, attacked the United States for its defense of freedom in Vietnam and pledged its full supi~ort to the Communist Viet Cong. One can only suppose that, were the Firestone-built rubber plant now in operation in Rumania, its products might be used to kill American fighting men in Vietnam. We applauded the President for his firmness in Vietnam. But, we find it sheer absurdity to undermine this stand by trading with the enemy through the back door of Rumania or any other Red nation. We have information that other American firms now plan to profit by Red trade deals at the expense of our national interest and our fighting men stationed around the world. We may be only one small voice, but our conscience and beliefs would forever be empty and meaningless if we refused to act now. PAGENO="0475" The Sharon Statement Adopted at the Founding Conference of Young Amen- cues for Freedom at Sharon, Connecticut, September9-l1, 1960. IN THIS TIME of moral and political crisis, It In the responsibility of the youth of America to affirm certain eternal trutho. WE an youngconnervatlves, believe: THAT foremost among the lranncendent values is the individual'suse of bin God-givenfree will, whence derives his right to be free from the restrictionsof arbitrary force; THAT liberty is indivisible, and that political freedom cannot long esist without economic freedom; THAT the purposes of government are to protect these freedoms through the preservation of Internal order, the provision of national defense, and the administration of justice; THATschen government ventures beyond these rightful functions, It accumulates sower winch tends to diminish order and liberty; THAT the Constitution of the United States Is the bent arrangement yet devised for empowering government to fulfill its proper role, while restraining it from the con- centration and abuse of power, THAT the genius of the Constitution-the dIvIsIon of powers-is summed up in the riaune which reserves pri- macy to the several states, or to the pen ic Is those spheres not specifically delegated to the federal Gov- THAT the marhet economy, allocating resources by the free play of supply and demand, In the single economic system compatible with the requiremento of personal freedom and co,,stltutlonal government, and thatit Is at the same time the most productive supplIer of human needs; THAT when government Interferes with the work of the market economy, It tends to reduce the moral and physi- cal strength of the nation; that when it takes from one man to bestow on another, It diminishes the Incentive of the first, the Integrity of the second, and the moral au- tonomy of both; THAT we will be free oniy no long as the national sov- ereignty of the United States in secure; that history stows periods of freedom are rare, and can exist oniy whes free citizens concertedly defend their rights against all enemies; THATthe forces of International Communismare, atpres- rot, the greatest single threat to thme liberties; THATthe United States shouldsiressvlctoryover, rather than coexistence with, this menace; end THAT American foreign policy must be judged by this crilerios: does It nerve the lust interests of the United States? PAGENO="0476" "In the present epoch, the struggle for (Commu- nism) and the fight to gain time depend above all on an unremitting Increase In Soviet militarypower and that of the entire socialist camp, based on the developmentofproductiveforces aixithecontinuous growth of its material and technological base."- V. D. Sokolovaky, "Soviet Military Strategy," 1963. YOUNG PEOPLE WITH KNOWLEDGE of interna- tional affairs are generally aware that the 1960s saw a shift in American vs Soviet policy from the "containment" or "defense of the status quo" ap- preach of Eisenhower to the "convergence" "detente" "bridges-to-the-East" policy ofKennedy- Johnson. They also know that the l96ilshaveseeo: the establishment of a Soviet base for the proxy subversion of Latin America in Cuba; the de facto establishment of a Soviet base in the Arab Middle East; the establishment of a Soviet base for the proxy subversion,of sub-Saharan Africa in Tan- zania; the attempted establishment of a Soviet base for the proxy subversion of Southeast Asia in Vietnam. - all modeled after their successful pre-World War II establishment of a base for the proxy subversion of China in the northern, Yenan province of that country. In other words, most politically hip young people are aware that the Cold War is not "over"; that the USSR (with its colonies) is 5tH expanding, just like all of the other imperialist powers of world history. YOUNG AMERICANS TODAY DO NOT have a very clear idea of what the future holds for them. But they do know that the SovietUnion-when they were born only a war-ravaged Russia heldtogether by $11 billion of American Lend-Lease aid-cow has nuclear parity with the United States, and threatens superiority. Consequently, American youth may be somewhat confused by the massive effort by theU.S. Governmentand Europeanpowers In the mid-1960s to supply the SovietUnionand its Eastern European colonies-on credit, with repay- ment ranging from 5 to 30 years-with every kind of good short of actual military hardware. (The fact that the Soviets have defaulted on the bulk of credits extended to them in the 1920s, 1930s, and 1940s probably adds totheirconfusion.) ONLY YOUNG AMERICANS FOR FREEDOM, among the youth of today, hasbeenactivein object- ing to this aspect of our foreign policy-on the grounds that it amounts to committing national suicide. YAF was instrumental in recent years In (1) forcing cancellation of a projected Firestone synthetic rubber plant planned for Communist Ru- mania (a supplier of North Vietnam), (2) forcing cancellation of an American Motors deal with the Soviet Union to supply automobiles in return for steel ( the Soviets supply more than 80% of North Vietnam's war material; almost all of North Viet- nam's motor transport of supplies is on civilian vehicles), (3) testifying before Congressional hear- ings on East-West trade, and (4) educating YAF's membership on the peril of balling out the economy of the Communist Empire and -in effect-sustain- ingits dictatorial controlovertheoppressednations that comprise the Soviet bloc. The fact that the Soviets also routinely demand that our trading companies (sometimes unwittingly) kick back 5%- 10% of the purchase price toaninternalCommunist Party in our own countries, makes East-West trade even less palatable to YAF. IT SHOULD BE SELF-EVIDENT that aid to the USSR Is inimical to U.S. interests: by selling wheat to the Soviet Union, we subsidize their armies (who "travel on their stomachs", after all) at home and abroad; by selling them other goods we have made the Soviets more powerful, not more friendly; Communist sources reveal that the Sovieteconomy haslowered the percentage of consumergoodsfrom 13.1% in the last Seven Year Plan to 11.9% in the current Five Year Plan, while trade with the West has allowed them to plan an is~rease in industrial productionof 55%; since 1963 the U.S. hasbuilt 15 fertilizer plants in the USSR, and now Soviet fer- tilizer is a major item of war aldto North Vietnam; computers are vital to Soviet ballistic missiles, yet the U.S. is sending a stream of licenses for up-to- date computers to the Red bloc. . .the list is end- less. BUT, WHAT ABOUT TRADE with the satellite countries of Eastern Europe-in the hope that ex- posure to our products and ideas will draw them away from the Soviets? The experience-especially of the last ten years-hasbeenthereverse: whether the country be Poland, Yugoslavia, Czechoslovakia or another, all American trade and military and economic aid has resulted in has been to cement shaky Communist leaders in power (many of these countries are occupied by the Red Army, as well) and ease the pressure on the Soviet Union to fuel the world Communist enterprise. AND THIS LEADS TO THECRUXoftheEast-West trade issue: the failure of American foreign policy generally, to realize that the governments of the USSR and its colonies are not synonymous with "their" peoples. The people are "another country" in James Baldwin's phrase, "the most dependable andimportant allieswehave" inthewordsof Walter Judd. And most especially the young people! Yet American policy-in all areas, including that of East-West trade-has been to deal with Communist governments as if they were of the people.. .never extracting concessions from them for their peoples (as we have attempted to do elsewhere; e.g., in South Africa and in Latin America). WHAT ABOUT THE RUSSIAN PEOPLE?Héarthe words of Russian poet Valery Tarsis (Bluebottle, Ward 7) writing in THE NEW GUARD, the maga- zine of YOUNG AMERICANS FOR FREEDOM, in June 1966 after his escape from the USSR: "No family in Russia is without some horrible wound, Inflicted by Communists: a father shot, a son vanished in a camp, a wife raped by a local party official. Allthesepeoplehate theCommunists and are your allies. - After the war the people's discontent with the Communist system grew ever stronger and stronger. In recent years this resis- tence has expressed itself in mass riots, strikes, and demonstrations. . as In the demonstrations of youth last April and December; as in the circula- tion of anti-Communist writings and magazines... The Russian people are now squaring their shoulders in battle. They are becoming ever more determined to shake off the shackles of a half century of slavery. . .Perhaps I will best express the feelings which animate the young generation in Russia today (by quoting) four lines from a verse written by one of my young friends: `Wehad scarcelyopenedourmouths, Coughing quietly into our handker- chiefs: We have used up and ruined half of Russia, Let us now bury the Bolsheviks!" WILL AMERICAN YOUTH BETRAY RUSSIAN youth? To allow East-West trade to occur unpro- tested, unchecked, is to endanger theUnitedStates militarily. . and to encourage oppression and misery in both the Soviet bloc and theThlrd Worid, YOUNG AMERICANS FOR FREEDOM urges American youth to study the foreign policy issues raised by East-West trade, assess their effects on our generation, and participate in political action that will bring about their end. The Soviet View of Trade The "cultured" classes sf the capitalist countries of westers Escape sad Ao,eclca, i.e., the ruling classes, the financial aristocracy, the bsurgeoiste sad the idealistic demserats should be regarded as deal-mutes asd treated accordingly... The Chambers of Commerce, the federations of indastry, bank groups and others will close their eyes to the aboee.menloned truth sad so become blind, deal and dumb. They oil grant us credit,, which wil fill the mifers of the Communist orguni- nations in their countries while they enlarge and improve our armaments Industry by nupplytog all kinds of wares, which we ahail need for future and sucressfui attach, against our suppliers. -V. I. LENIN I. ci PAGENO="0477" 4917 STOP IBM's Czechoslovakia, Poland, Hungary and Bulgaria have purchased IBM's 1400 series data processing systems. Now IBM is in the process of selling its most advanced system, the 360 series,, to these countries as welt as East Germany. Although IBM has not yet sold these systems to the Soviet Union, it is only a matter of time. It should be pointed out that these Communist nations share technological information. Especially revealing was a news item in The Washington Post of March 4, 1968: `The American firm IBM has taken the unusual step of hiring a local man in a Sociutistcountry to be its representative there. He is Marjan Dermastija, 58, formerly head of the Yugoslav railways and governor of the National Bank. He's also a current member of the Yugoslav Federal Assembly, presenting an unssuat conflict-of-interest situation for Yugoslavia." (Also poses an "unusual conflict-of-interest situation" for IBM, not to mention a further compromise of American security.) IBM refuses to accept responsibility for its actions, but directs alt who question its Communist trade to the State Department. Here is what the State Department might say: I. "IBM's computer sales wilt help `woo' the satellites away from the Soviet Union." But the U.S. has tried, through foreign aid and trade, to implement such a policy. Satellite nations continue to adhere to the international Communist line, whether in the United Nations, the Middle East, or Vietnam. 2. "IBM Communist trade witl help demonstrate the superiority of capitalism to the Communists." Obviously the Communists reatize that IBM products are superior, or they wouldn't buy them. The best way to make the Communists realize the inefficiency of their system is to have them suffer the consequences of that system, not to make up its deficiencies. The Wisconsin, Washington, D.C., Massachusetts, and Missouri state YAF organizations joined the STOP-IBM campaign in February. The STOP-IBM campaign has become a major national YAF project. Is your state organization or chapter doing its part? AID TO COMMUNIST COUNTRIES "The Soviet Union is experiencing great difficulty in the field of automatic data processing. This situation exists despite the fact that it is welt publicized that the Soviet Union is second rank in the world in production of computers. Why is this so? An explanation is given by M. Glushkov, Head of Cybernetics of the Economy of Science, USSR: Of special concern are the tow retiability of computers and aocitaey devices and the sub-standard quality of magnetic tapes.. the best computers made in the Soviet Union operate only a less hundred hours between failures, white ancillary devices break down practically daily, and the inlormation stored on tape cannot be stored without some toss for more than a month. Magnetic tapes are not interchangeable, e.g., the mass of information recorded on tape forone cornputerc0000t be used by another unit. He also says that foreign made computers offer an important advantage to the USSR in that they come equipped with programming much superior to that available to users of Soviet computers. In recmt years, millions of dollars of Western computers have flowed to the Soviet Union and East European states. Because many of these computers are exported from the United Kingdom and France it often goes unnoticed how much these computers incorporate component parts constructed in the United States. For instance, a $915,000 British computer installed at Bratistava, Czechoslovakia recently required some $96,000 worth of American parts for continued operation. This computer, interestingly enough, was purchsed by the Czechs to optimize production in a petroleum refinery which it appears processes Rumanian and Soviet crude oil." - Rep. Glenard P. Lipscomb, March 8, 1967 "The heart of research here is the computer. Here the Russians admit they're behind the United States by 5, even 10 years. But Soviet scientists have come a long way from the days when Stalin decreed that computers were a wicked, capitalist invention. Without the computer, there would be no Soviet space program. - Frank McGee on NBC, January 7, 1968 Reprinted, with changes, from THE NEW GUARD, April 1968 The Case Against East-West Trade power, rather than a victory policy in theory and practice, it iu not surprising to see greater Communist - V. I, Lenin trade advocated by the adminintration, - - True, there in a war going on. Yet our determination and our mobilization of resources for winning that war are questionable. Since the administration seems to view Communist. initiatives as unrelated and uncoordinated, it is not illogical, given this absurd assumption, to follow both a policy of military stalemate in Southeast Auia and economic assistance for the Soviet Union and Eastern European Communist nations, A Detente With Communism? In other words, as Dr, Richard Allen of Stanford University has pointed out, given the assumptions of a detente with Communism, the pursuit of Communist trade is a logical corollary. Given that a detente does not exist (examples: Southeast Asia and the Vietnam conflict, the Middle East and the Soviet role in the Arab- Israeli conflict, Latin America and Cuban subversion), it follows that East-West trade is folly. The arguments against Communist trade do not hinge on the Vietnam conflict, Although it is foolish to supply nations which provide moral and material support to an enemy in wartime, if the Vietnam conflict "The capitalist countries of Western Europe and America will grant us credits, which will fill the cof- fers of the Communist organizations in their coun- tries while they enlarge and improve our armaments industry by supplying all kinds of wares, which we shall heed for future and successful attacks against our suppliers." Ti-rn issue of East-West trade, or, more bluntly, trading with the Communists, is a simple and yet challenging one for Americans. It is simple because the questionn involved and the overriding considerations of policy lead to the conclusion that such trade is not in the best interests of the United States. The insue is complex for several reasons: The arguments for Communist trade are stated in emotional terms. Proponents of such trade are said to be for peace. Opponents are said to be militating for war, The proponents are in power, and Congressional opponents must watch the administration closely. The Commerce Department continues to authorize shipments of strategic materials, and Congressman Glenard Lipacomb of California spoke for many when he questioned the way in which the Export Control Act is administered, The issue is further complicated in that it is related to other administration programs. When war policy in Vietnam continues to stress limited use of American PAGENO="0478" U.S. DEPARTMENT OF COMMERCE BUREAU OF INTERNATIONAL COMMERCE OFFICE OF EXPORT CONTROL Washingtofl, D.C., April 28, 1967 MEMORANDUM To: All OEC Personnel From: Rauer H. Meyer Subject: Licensing of scientific laboratory equipment to Eastern Europe The President's Scientific Advisor, Dr. Horning, is concerned over reported delays in our licensing of research instruments for scientific laboratories in Eastern Europe. He is especially desirous of expanding personal contacts between scientists in the United States and those in Eastern Europe, and he believes that expeditious handling of export license applications for scientific instruments to Eastern Europe will assist materially in attaining this objective. 4918 ended tomorrow, the "timeless" arguments against Communist trade remain. The general arguments recognize, first, that the goal of communism is inherently imperialistic, whether piecemeal - country-by-country, or, over the long- term, the entire world. Second, the success of that goal is a function of power of various sorts - all related to each other. Thus a Soviet Union having internal problems, political or economic, is less likely to engage in international subversion than a Soviet Union internally secure. Similarly, the Soviet military capability, as well as that of its Communist allies, obviously depends, first, on total economic resources available and, second, on allocation of those resources to the military sector. While the question of total economic resources is important, the allocation of resources within the Soviet economy is of more immediate concern. If we roughly divide the Soviet economy into two types of spending, production of consumer-oriented goods and production of goods for the military sector, it follows that given fixed resources, increased allocation for either type of spending results in decreased allocation for the other. Put another way, if the Soviet economy is increasing its total output and total resources available for allocation, it must increase allocation to both consumer and military spending, in order to maintain the same percentage allocation of each. Thus, if the Soviet Union were allocating half its resources to each type of spending, and experienced a $50 billion increase in output, it would devote $25 billion of the increased output to each type of spending to maintain the same ratio of 50 percent consumer/military spending. But, after fifty years of starving the consumer sector in favor of the industrial and military sectors in the Soviet Union, the pressure is slowly mounting for a greater emphasis on goods for the people. It should be pointed out that analagous situations exist in the other Communist nations in Eastern Europe. Guns Vs. Butter Communist nations have been pursuing heavy investment spending and arms spending at the cost of a higher standard of living for the people. The West should take advantage of this allocation problem. The West should not help the Communist extricate themselves. We should not readily bail Communists out of situations caused by their own mismanagement. Why should the Communists allocate more resources to wheat production, if the West stands ready to sell the Communists wheat - at bargain rates? If Communist trade is to be used at all, it should be conditional. Thus, the Communists should accept certain conditions as prerequisites to such trade, such as pressuring the North Vietnamese to dc-escalate, or tearing down the Berlin Wall, or whatever goal is deemed both desirable and practical by qualified American Cold War strategists. Serious humanitarians should oppose Communist trade because it often permits the Communists to continue diverting resources from peaceful uses and consumer goods for the people to military hardware. What incentive does the Soviet Union have to invest in resources to secure higher wheat production, when it can always count on the West? To oppose Communist trade now is not to oppose it forever. But under present conditions, even trade does not appear desirable. If this country were to consider economic warfare, as well as diplomatic and military initiatives, then, given an enlightened national leadership in the U.S., Communist trade might be used as a weapon to extract concessions from the other side. At present, the best form of economic warfare appears to be not trading with the Communists at all. Trading with the Communists means increasing their capability to wage war. This may be in the form of strategic trading, such as the Fiat auto plant deal (automotive products are supplied by the Soviet Union to Hanoi). This may be in the form of providing goods to the Communists at costs lower than such production would have cost them. We may aid Communists in diverting resourcesto military uses. Free Trade Argument Discounted It is argued that American corporations can profit from Communist trade and that our balance of payments problem will be helped. Helping those American corporations with the political connections and size to engage in Communist trade is not so desirable as to take precedence over national security. Our balance of payments problem is due to many causes, If you are interested in learning more about the issue of Communist trade, you should consider the book, Trading With the Communists, by Samuel F. Clabaugh and Edwin J. Feulner, Jr. This 254 page survey of the topic features an 85 page annotated bibliography of suggested reading. To order a copy send two dollars to: The Center for Strategic Studies, Georgetown University, Washington, D.C. PAGENO="0479" not the least of which are administration taxing `tnd spending policies in the United States. Hence the balance of payments problem argument is hardly relevant, for its primary causes and remedies lie elsewhere. It is argued that this nation should be for free trade. Libertarians argue that this is desirable in itself. Yet free trade, like any other freedom, assumes certain prerequisites. Just as freedom assumes order, and the exercise of certain specific freedoms have other prerequisites, so should free trade have the one qualification of national security. Those who oppose Communist trade do not do so on the basis of supporting tariffs, price controls, or other restraints. The opposition is based on reasons of national security, which seems a fair qualification to free trade. If the free trade advocates who condone Communist trade would study the record of that trade, including the wheat deals, they would note that the trade is not "free" at all, but government encouraged and supported, Thanks to Rep. Paul Fino, Republican of New York, Congress has approved revised Export-Import Bank legislation that would prevent the bank from subsidizing trade transactions with Communist countries. In 1967 the Export-Import Bank granted dollar credits to Communist nations (including Hungary and Czechoslovakia) which furnished industrial equipment to North Vietnam. The Fino amendments, which passed despite administration opposition, would prohibit the bank from participating in trade transactions with any nation whose government by "direct. . .action" is furnishing supplies to a country openly warring against the United States. through grants, credits and loans. Hence we are not speaking of laissez-faire trade at all, but government financed trade. "Nothing Is Strategic" Edwin J. Feulner, Jr., who co-authored with Samuel F. Clabaugh Trading with the Communists (Georgetown U.), argues that in the Cold War "nothing is strategic." Inevitably, the question is one of diverting resources. Mr. Feulner, who has devoted a great deal of time to studying the issues of Communist trade, has noted that Communists are interested in "leap-frogging" our technology and in getting "our most advanced products." In other words, the Communists embark on trade programs in areas in which they find themselves deficient. They take advantage of the huge sums spent in this nation on private investment and research and development, and the fantastic amounts of man-hours spent developing and perfecting products and techniques. They then reap the rewards of our huge spending and our many man-hours spent by well- planned trade coups. If the Soviet Union is the key to peace in Vietnam, as 4919 It is evident to me from the nature of many U.S. exports, for which licenses are granted by the Office of Export Control of the Department of Commerce, that their clearance for shipment to the USSR or East Euro- pean countries contradicts the intent of Congress as expressed in the Export Control Act. When one looks into these transactions, as I regularly do, the Depart- ment often dismisses these approvals with the pat state- ments such as that they are "consistent with the Presi- dent's desire to `build bridges' to Eastern Europe by encouraging trade - - " and ". - - comparable goods are available from foreign sources." If that is the case one certainly wonders why the orders are not placed elsewhere. According to responsible wit- nesses who have testified before Congress it is because the U.S. supplier often offers superior quality, earlier delivery, better prices, greater durability, and better service. Last year when Secretary of Agriculture Freeman re- turned from a visit to South Vietnam he reported "There is a strong demand for fertilizer chemicals and improved seeds. Fertilizer is as important as bullets." I certainly agree with that assessment. But why was this not recog- nized when the USSR came to us to buy fertilizer tech- nology and equipment? Because the bloc economies depend heavily on export of cereals and grains to acquire hard currencies with which to purchase Western machinery, it was imperative from their point of view that the bloc economy increase the yield per acre far above the levels realized from the disasterous short crops of 1963. If you suspect that they turned to the U.S. for help you are absolutely right. In 1964, the Commerce Department issued licenses authorizing shipment to Russia of $9.5 million worth of highly automated machinery to mine potash for use in manufacturing fertilizer. Many other licenses have been issued since that time directly relating to increasing crop yields, including fumigants, herbicides, and insecticides. Moreover, a wealth of technical data relating to construction, operation of plants to produce fertilizers have been released. In light of these contributions to the Soviet economy, it is not at all surprising that the 1966 crop yield was a bountiful 170 million tons. In fact, a news report in December, 1966, when the record yield was revealed, states that this reflects ` a heavy emphasis on the use of chemical fertilizers begun in the early 1960's under former Soviet Premier Nikita S. Khrushchev." Incidentally, analysis of Soviet and bloc aid to North Vietnam underscores the fact that a. great quantity of the shipments made to Hanoi include fertilizers, which sus- tain the war effort. -Rep. Glenard P. Lipscomb, March 8, 1967 PAGENO="0480" 4920 some suggest, said Fuelner, then the United States should not expand trade with the Soviet Union, but curtail trade and thereby exert pressure. In responding to the argument that if we don't sell given items to the Communists, other nations will, Feulner pointed out that this argument overlooks the policy considerations of Communist trade: Is it desirable? Is it in the interests of United States national security? Those who use the "other nations will trade with them" argument do not deal with the issues involved. In addition, they fail to see that if Communist trade is undesirable and not in the best interests of the United States and/or the West, we should attempt to convince other nations to cease such trade. We should hardly trade ourselves. In the case of trade affecting the Vietnam war and going through Haiphong Harbor, a blockade in time of war is appropriate. Dr. Richard Allen of Stanford University has categorized the Communist objective as "trade to end trade." In other words, the Communists place their own goals of imperialism and domination first, and trade as a means of reaching these goals. Communists, according to Dr. Allen, are interested in picking-off countries bilaterally. Dr. Allen was critical of the argument by Communist trade advocates that we could cause the Communists to rely on trade, and then threaten to stop trading with them. Not only is the argument open to question, but we would be building the Communists up in the meantime. Communist trade advocatç~ in the past have, shown no inclination to use trade as a weapon, and there is no reason to believe they will use trade as a weapon in the future. Current Communist trade seems to be done on terms entirely satisfactory to the other side. It is difficult to imagine Dean Rusk or Wayne Morse or William Fulbright using trade as a weapon against the Communists. A Moral Question The question of trading with the Communists during the Vietnam war has caused many Americans to ponder the effect on American fighting forces and morale. This subject opens a whole Pandora's box of Communist trade implications. What is the effect of such trade on anti-Communist exile groups? On anti-Communist defectors? On anti-Communist resistance groups, within Communist nations, and outside of Communist nations? What is the effect on people within the Captive Nations who may someday hope to reclaim their destiny?. Recently the talk of "building-bridges" has lessened. But the day-to-day granting of licenses for exports of goods to Communist nations continues at the Department of Commerce. Although the adminstration realizes the opposition of the electorate to continued Communist trade, the policy is a firm one within the Departments of State and Commerce. The question of Communist trade must consider all the issues raised on these pages, as well as the underlying assumptions of the administration relative to a detente and a "thawing" (a favorite term) of the Cold War. But in the end, there are serious moral issues involved. These moral issues include our obligation to those behind the Iron Curtain, to provide some incentive for their governments to give these people a higher standard of living. We owe something to those who resist communism inside and outside the Captive Nations. If this nation's leadership refuses to support our soldiers in Vietnam with complete military support and a call for victory, the least the administration can do is provide some moral support for those called upon to give the ultimate sacrifice for their nation. Such moral support would preclude trading with the nations which supply funds, armaments, and supplies to North Vietnam. Of course, the settlement of these moral issues involves acceptance of an assumption unpleasant to Communist trade advocates. That assumption is that the people in a Communist country are not the same as the government in that Communist country. If our current planners accepted this assumption, they would necessarily have to accept its corollary: that one must differentiate between aiding a Communist government of a nation and aiding the people of a nation. Thus, we may morally feel disposed to aid the people of a Communist nation, but Communist trade aids the Communist governments and not the people. Communist trade helps keep unjust Communist governments in power, and it spares these governments the option of allocating more resources toward improving the standard of living of these people. Communist trade may well have anti-humanitarian effects. Rep. H. R. Gross, Republican of Iowa, and Rep. Paul Findley, Republican of Illinois, proposed amendments to~ the foreign aid bill last year. The Gross amendment would have banned U.S. aid to nations trading with North Vietnam and prohibited U.S. purchases or sales of defense equipment with such nations. The Findley amendment would have suspended "most-favored-nation". (i.e., low tariff) privileges for Poland - because Polish officials have been boasting of the weapons that they are sending to North Vietnam. The Gross-Findley amendments lost on a 200-196 rollcall vote on November 8, 1967. Human Events printed. the rollcall on the amendments in its Nov. 25,1967 issue. Many Congressmen who voted against the amendments were upset at the newspaper's disclosure. The reason such Congressmen asRobert Taft of Ohio, Clement Zablocki of Wisconsin, Bradford Morse of Mass. and others were upset is understandable. Their constituents, like the American people as a whole, oppose Communist trade. Such Congressmen - like the administration, should be held accountable for their actions. PAGENO="0481" 4921 STATEMENT BY ALAN MACKAY, NATIONAL CHAIRMAN OF YAF TO IBM STOCKHOLDERS MEETING, BOSTON, MASS., APRIL 29, 1968 Mr. Chairman, my name is Alan MacKay. I am National Chairman of Young Americans for Freedom. We are stockholders in IBM. For some time, we have been conducting an educational campaign raising questions about IBM's policy of trading with Communist countries. It seems to me especially appropriate that this question should be considered here, as the management and stockholders of this company come together. The question of East-West trade is not an everyday matter of business policy, but one with vast political significance, and is consequently one in which all the stockholders should be interested. Indeed, when the company involved is IBM, an institution in the business world, and globally recognized as a symbol of American enterprise, the general public has an interest in the decision made by IB1~f's management. It is precisely because IBM possesses such stature and in- fluence that we chose it for the focus of our campaign. Let me briefly outline the arguments against trade with the Communist bloc. The most sweeping argument would call for the cessation of all trade, on the ground that, by trading with the Communist nations, we save them from their own economic failures, thus perpetuating regimes that are repressive and form part~ of a system which, taken as a whole, poses the greatest threat to human freedom in our time. But it is not necessary to go so far to be skeptical about East-West trade. At a time when our country is at war, North Viet Nam is receiving economic aid from countries with whom IBM is trading. Surely when we are fighting a Com- munist enemy in Southeast Asia, serious questions can be raised about trading with Communist countries that are aiding our enemy. Since Young Americans for Freedom began its campaign, we have met several times with representatives of IBM management, and have received some very helpful clarifying information. I think it would be useful for all IBM stock- holders to have their company's policies in this area clearly defined and ex- plained. For example, the Government advocates bridge-building to the Commu- nist world, not excepting the Soviet Union. We know that IBM has not traded with Russia; and I expect that if it were communicated to your stockholders that IBM has a policy against trading with Russia, they would be glad to hear it. I think, too, that the stockholders should be made aware of any limitations imposed by the company on trade which are more rigorous than those imposed by the Government. I think, in short, that this company, which has such excellent stockholder relations, should make a special effort in this area. Its significance is obvious; we have received tens of thousands of communications since our campaign be- gan, and we know that IBM has received a great many inquiries on the subject. I am certain this policy has been carefully reviewed by IBM's Board of Di- rectors. I would ask that the Board reevaluate that decision with great care, that it consider seriously the argumouts for ceasing all trade with the Communist world; that it very seriously weigh the possibility of a moratorium, at least, on trade with the East for the duration of the war in Viet Nam; and, that, having deliberated and formulated its policy, it communicate that policy and the rea- sons for it to all IBM stockholders. Thank you. In summary Mr. Chairman, the building of bridges to Eastern Europe and/or the Soviet Union is particularly distributing at a time when we are so deeply engaged in a war against a Communist aggressor in Southeast Asia. The Soviets boast that eighty-five percent of North Vietnam's war materials are supplied by the U.S.S.R. and its Eastern European satellites. Practically every day, we hear of new equipment being used in the war against Southeast Asia which is being furnished by Communist nations. Trading with these countries and thereby bolstering their industrial and military capabilities while at the same time their military equipment is killing American fighting men in Vietnam is u-hat we call the Hypocrisy of `68. It is almost unbelievable to us that our Admini- stration, at this time, would want to trade with these Communist nations. Only when the war in Vietnam, and all other wars against the Free World which are instigated and carried out by the Communists, have passed should we even consider the enhancement of trade in non-strategic goods, even as we have outlined non-strategic goods. 95-l59---88---pt. 1O-31 PAGENO="0482" 4922 We feel that the building of bridges can be a dangeous policy if not carefully employed by our policy makers. Any building of bridges must be for the benefit of the United States and the Free World. Our specific remarks have addressed themselves to what constitutes strategic goods, the best interests of the United States, and an effective trade policy. We urge the members of this distinguished Committee to carefully evaluate our recommendations and to enact whatever statutory amendments are needed to embody them in the laws of our Nation. Mr. HERLONG. We are very happy to have with us this morning our distmgmshed colleague from South Carolina, the chairman of the House Committee on Armed Services, whom we know so well and favorably. Thank you so much, Mr. Rivers, for being here. We will be interested to hear you. STATEMENT OP HON. L. MENDEL RIVERS, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP SOUTH CAROLINA Mr. RIvERs. Thank you very much, Mr. Chairman. I want to thank this distinguished committee for permitting me to speak out of order on the textile problem. We have got to find some way to save what is left of the textile industry. In South Carolina our profit is 33 percent below what it was in 1966. It can't continue to go downhill. Just yesterday or the day before we saw in the public press where our balance of payments had a deficit of $25 or $30 billion. Something is happening to our ex- ports. Our imports are far exceeding our exports and if you keep on dwindling away drop by drop,sand by sand, rock by rock, our economic structures, that will be the end, and I don't see many important gains having been attained by the so-called Kennedy round at Geneva, and that is another subject. Back to the textile industry, Mr. Chairman, it is even more im- portant basically than its employees and its wages because it is an industry that reaches into every home in the Nation, to every farm, and to every business. No matter what work you do or where you live you will come in contact with dozens, perhaps hundreds of textile items every day you live. Thousands of cotton farmers and ranchers from California across to the East depend on this industry as a major customer. Woodpulp from the American forests is manufactured into rayon and other syn- thetics. Chemicals from New York, wool from Wyoming, cotton from California, wood and pulp from Georgia-all of these go into the gigantic market of the textile industry and all of these products, plus many others, depend on textiles. In short, Mr. Chairman, this is an industry that is embedded in the heart of America, that is important to the economic health of this Na- tion, and it is vital to our economy. All of us know that textiles are second only to steel in essentiality to the military, and this is where I come in. Today we are calling upon textile manufacturers to supply our troops all over the world. Just some time ago here we had a shortage of a certain kind of poplin, four thread I think, and there wasn't any. The Defense Department was permitted under another Secretary to lrocure certain textiles. We had none and we needed some cotton un- derwear and other wearables for the Far East. PAGENO="0483" 4923 One of our giant textile manufacturers offered to build a mill spe- cially to furnish our troops in the Far East. This is a patriotic indus- try and it shouldn't be permitted to go down the drain because of the incompetence, the inability, and the indifference of any administration. I don't care who it is. But I am concerned about the effect of textile im- ports on the industry's capacity to meet all other military, and medical, and substantial civilian requirements in an all-out emergency. For example, since world textile imports now account for about one- fourth of our domestic consumption and are even higher in certain product lines, would the industry have the capacity to meet our demand for woolen and worsted products if the war in Vietnam were fought in a colder climate, for instance, such as Korea? But textiles are in trouble. We are flooded with imports of all types, and in 1961 when our Government determined that imports must be controlled cotton product imports were 720 million square yards. Today they are running-listen to this-over 3 billion square yards. One textile manufacturer the other day showed me a towel he had made and in a week or 10 days or a month this same towel, the same print, the same thing, came out of Hong Kong, a little smaller, smaller dimen- sions, undersold him, undercut him, the identical pattern he had, the same color, the same everything, and flooding this market, and the same thing applies to Japan. Gentlemen, this is serious. This is serious. Out in California the other day a fellow who alleged to be an economist-he said it, he was an economist. I don't know what he was-while I was out at the Tjniver- sity of Southern California in Mr. TJtt's country said, "Our concept of a worldwide economy and my concept of world government is let each nation do what it is best fitted to do." I said, "What would you assign to America?" He said, "The best thing it can do." I said, "What can it do better than anybody else, in your opinion?" We are getting the Sony radio from Japan, and people get used to these things. Japan can lead the world almost in electronics. Germany can do something. I said, "Wimen are you going to get to America?" He said, "We will find something for Americans to do." I said, "When she is gone." I said, "Take the shipbuilding indus- try." My committee, right now, is trying to save a sick maritime in- dustry because people are not watching them, grain by grain, drip by drip, element by element, and it is all falling off. And you see what has happened to our currency balances. Now, I am going to support any legislation, Mr. Chairman, de- signed to help this industry, the Mills bill, and I am going to ask permission to put the rest of my statement in the record. The Mills bill is different from the bill that came over from the Senate. Once the President decides what he is going to do at a given period on the imports, the Mills bill, which I am for and I introduced a companion bill, puts the higher year of the textile industry and assigns that period. It can't be below that. This is a good way to do it, and you have to protect this industry. I know the gentleman from Florida knows all about textiles. He knows all about cotton, and the gentleman from California, in Imperial Valley one of your friends, a mutual friend, PAGENO="0484" 4924 is getting between six and seven bales of cotton to the acre and our gigantic industry is requiring this for the American consumption and for this Nation. With the currency balances abroad, not with indifference can we send somebody over to Geneva to peddle this industry away, and he knows about as much about it as flying upside down on a wheelbarrow. This is the crowd representing us and this is the crowd plundering the American industry. This is why I am here, for which I make no apology, and I ask you in your wisdom, and you have it-you have demonstrated your great concern for what makes the American way of life operate-please, for God's sake, find some way to get these people home. Just here the other day I found one of these experimenters down here in the Defense Department telling the textile industry whom they could hire to run the industry, what they could do, the organic makeup and telling them about an imbalance of a certain minority group they had to hire. They brought a certificate, an agreement of compliance, and you agreed that you would put even in your supervisory personnel certain people whether or not you liked them, and if you didn't do it you agreed to set up a school to train them. Everybody is taking that attitude in textile after textile. I don't see how it is going to survive unless somebody is going to try to save it. I am not going to take any more time, Mr. Chairman. When I start talking textiles I never know when to stop because I know something about them. I know where they are domiciled. I know what they have done for New England. I do know what they have done for the textile east. I know what they have done for the American people. I have nothing else to say, Mr. Chairman. I am very grateful for this opportunity at the last moment to testify. You are very kind and I know you will do what is right. Mr. HIIRLONG. Thank you very much, Mr. Rivers, for your forthright statement. Your entire statement without objection will appear in the record. (The statement referred to follows:) STATEMENT OF Hox. L. MENDEL RIVERS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF SOUTH CAROLINA Mr. Chairman, I appreciate your giving me the opportunity to discuss the tex- tile import situation and its effect on our domestic industry. I shall make a few brief comments and ask that my statement be included in the record. By any conceivable yardstick, the textile industry is one of the great industries of this country, and this importance has already been defined by other witnesses. However, I do want to remind members of the Committee that this great industry is much larger, actually, than the approximately one million people it employs, and the millions of dollars it pays out each year in wages. The importance of this industry Is even more basic than its employees and its wages, because it is an industry that reaches into every home in this nation, into every farm, Into every business. No matter what work you do nor where you live, you will come in contact with dozens, perhaps hundreds, of textile items each day. Thousands of cotton farms and ranches, from California across the country to the East, depend upon this industry as their major customer. Wood pulp from American forests is manufactured Into rayon and other syn- thetics. Chemicals from New York, wool from Wyoming, cotton from California, wood pulp from Georgia-all of these go into the gigantic maw of the textile industry. All of these products, plus many others, depend upon textiles. No other state in the Union has a greater stake In the future of the textile industry than does South Carolina. The textile industry employs 149,000 people PAGENO="0485" 4925 in South Carolina with an annual payroll of well over $700 million. A quarter of the nation's production of cotton, silk and synthetic fabrics comes from South Carolina. Our state produces just under one-half of all the cotton cloth in the nation on an annual basis. In short, Mr. Chairman, this is an industry that is imbedded in the heart of America. It is important to the economic health of this nation, and it is vital to our national security. All of us know that textiles are second only to steel in essentiality to the mili- tary. Today we are calling upon textile manufacturers to supply our troops all over the world. I compliment the leaders of the textile industry for the manner in which they have met military requirements. This is something for the textile industry to be proud of, because it demonstrates the fine working relationship that the industry has with military procurement. But I am concerned about the effect of textile imports on the industry's capacity to meet military, medical and substantial civilian requirements in an afl-ov~t emergency. For example, since wool textile imports now account for about one- fourth of our domestic consumption and are even higher in certain product lines, would the industry have the capacity to meet demands for woolen and worsted products if a war on the magnitude of Vietnam were fought in a colder climate, such as Korea? You have heard it said that restraints on textile imports are not necessary. The industry's profit position is frequently discussed. The fact is, Mr. Chairman, the wide gap between textile earnings and average earnings for all manu- facturing industries was narrowed somewhat by 1965. Textiles earned 3.8 cents per sales dollar versus the industrial average of 5.6 cents. Rising costs and a sluggish market widened the gap in 1967 when textiles dropped to 2.9 cents vetsus a 5.0 cent industrial average. The South Carolina industry recorded a 33 percent decline in profits from 1966 to 1967. Textiles are in trouble. We are flooded with imports of all types. The United States is t;he largest producer, importer, and consumer of textiles in the world. Except for liberal import controls on cotton textiles, the United States main- tains no impediment to textile imports other than low tariff rates which were reduced again last January 1 as a result of the GATT's Kennedy Round of tariff negotiations of 193-67. U.S. imports of cotton textiles-including yarn, fabrics, madeup goods, and apparel-doubled over the last six years despite the existence of import quota controls. Wool textile imports went up by 50 percent and man-made fiber textile imports increased from 164 to 934 million square yards, over the same period. In the first quarter of 1968, textile imports of cotton, man-made fiber, wool and blends thereof reached an all-time high annual rate of 3.1 billion square yards. The most rapid rate of increase continues to be in the man-made fiber division of the industry. Man-made fiber textile imports jumped 22 percent from the first quarter of 1967 to the first quarter of 1968. Over the past five years exports of cotton piece goods have declined from 370 million square yards in 1963 to 288 million in 1967. Exports of man-made fiber piece goods over this period show a mixed trend changing from 156 million square yards in 1963 to 154 million in 1967. The dollar value of textile manufactures and clothing imports of all fibers was $1,461 million in 1967. Exports were $695 million, and the textile trade deficit was $768 million. Five years earlier this deficit was $450 million. Gentlemen, this is serious business for our fighting men all over the world. It is serious business for our nation. In May we recorded a deficit in our balance of trade of more than $32 million. We must not permit an industry as basic to the economic strength of this nation as is the textile industry to have its future growth and vitality undermined solely because of low-wage textile imports. Imports must be controlled. 1, for one, am going to support in every way possible the efforts of the textile industry to control imports. The industry's approach to the problem of textile imports as embodied in the legislation introduced by the distinguished Chairman of this Committee, Mr. Mili~, is both reasonable and workable. This legislation seeks not to cut off all imports, but rather to simply restrain their future growth in order that the do- mestic industry may remain strong. PAGENO="0486" 4926 The industry's sense of responsibility is evidenced by the fact that it is willing to accept a large volume of textile imports and to permit their future growth as the domestic market for textiles grows. This legislation cannot be termed, "protectionist". It is designed purely and simply to fully implement the Administration's textile program. It would permit this nation to do what most other developed countries are doing, and that is, control the unlimited flow of low-wage textile imports. By, any comparison, it is generous in its treatment of foreign textile producers as compared with almost all other developed nations. The pending legislation recognizes the trends in fiber consumption within the United States and the foreign world; it recognizes the rapidly developing capa- bilities of other nations of the world to produce a growing volume of textile articles of man-made fiber as well as of cotton and of wool textile products for export to the United States and other developed markets. This legislation has as its central concept the spirit of equity and justice to both domestic and foreign interests. The United States textile industry is the most efficient in the world, with huge annual expenditures for new machinery and research. Modern textile technology is available, however, over all of the world, and hence, the United States indus- try cannot be competitive in its home market with low-wage producers overseas, unless the United States Government takes substantive action as provided in the pending legislation to regulate access to this highly competitive market by beneficiaries of the jet age local anachronism that it is perfectly proper to violate the Fair Labor Standards Act beyond the 12-mile limit. Thank you, Mr. Chairman. Mr. HERLONG. Are there any questions? `Mr. Betts would like to inquire. Mr. BETr5. Just more or less a comment. You are acquainted with the adjustment assistance section in this trade expansion bill whereby an industry or business which is hurt by imports can get financial assistance with cheap loans and tax considerations. Do you think there is any such adjustment assistance that would help an industry as big as the textile industry? Mr. RIVERS. Let me answer you this way. There are plenty of laws on the books now that can `help this industry. A law is no better than its administration. There are laws, and in the last trade act we passed, where if the `President elected to he could call a hearing and be shown where these people had been hurt and do something. We found out that these people don't administer the laws the way they are written. They administer the law the way they want to. They experiment with our economy. I want to say unequivocably I am tired of giving these people dis- cretionary authority. They have proven they are not worthy of this consideration. Mr. Burrs. In other words, the future has little to offer and this sec- tion probably won't help the textile industry one bit. Mr. RIVERS. I found this out in the military. They said, "Give us the authority to do so," and they don't do it. We have to spell it out letter by letter and, as the late John Rankin used to say, jump at them. `That is all I ask you to do, and it is the only language they understand. The Bible says you have to talk to people the way they understand. They don't understand anything. I thank you gentlemen very much. Mr. HEItr~oNa. Thank you again, Mr. Rivers. Our colleague from Maryland, the Honorable Clarence D. Long, is our next witness. Welcome, sir. PAGENO="0487" 4927 STATEMENT OP HON. CLARENCE D. LONG, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP MARYLAND Mr. LONG. Mr. Chairman and members of this committee, as a former economics professor and a longtime advocate of free trade, I am pleased to have this opportunity to submit to you a statement regarding the future direction of U.S. foreign trade policy. I am proud of U.S. leadership in the reduction of trade barriers in the years since World War II, and I hope that this country will con- tinue to work toward free trade among nations by taking the mitia- tive in joining with Canada, tihe United Kingdom, and other free world nations in the formation of a broad-based Free Trade Association. In a recent speech before a trade policy conference sponsored by the Atlantic Study Group in London, I outlined my views on the form which such a Free Trade Association should take, and described my bill, H.R. 18194, which would encourage U.S. participation in a Free Trade Association. I should like to submit the text of my speech for inclusion in the record and for the consideration of the members of this committee. (The text follows:) A BILL FOR TJ.S. PARTICIPATION IN A FREE TRADE ASSOCIATION AND ITS POLITICAL PROSPECTS (By Clarence P. Long, Member of Congress) As an economist-turned-politician, I shall not conceal from you that the finer points of my economic training have long since faded from memory. But perhaps my years in Congress-which have brought such heavy erosion in whatever I once knew about economics-have at least replaced it with some feeling for the political process. I am happy to have been invited to share with you today some of my thoughts on the feasibility of a Free Trade Association, because the ques- tion of whether we ever form such an Association is dependent, not on its economic desirability, but on its political acceptability. Let me say at the outset that I am optimistic about the outlook for free trade and for a Free Trade Area. In the years Since World War Two, United States leadership in the reduction of trade barriers-from the formation of GATT to the Kennedy Round-has given me as an American much of which to be proud and, I might say, agreeably surprised. And it has made me hopeful that the present cultural lag of about two centuries between what the economists know about the desirability of free trade and what the public will accept may not extend for more than another decade or two. In analyzing the political framework within which the Free Trade Association would be considered in the United States, I was somewhat astonished to discover that not one of the bills in the legislative hopper of this Congress addresses itself to American participation in a Free Trade Association. I have therefore attempted to fill this vacuum by introducing a bill, H.R. 18194, and I should like, first, to describe its major provisions, and then to proceed to a brief evaluation of its chances for political success. My bill, the Free Trade Association Act of 1968, sets forth, as statements of principle, that the United States should work toward free trade among nations as the goal of its foreign trade policy, and that United States participation in a Free Trade Association is the most workable method for negotiating free trade among as many nations as possible. My legislation would encourage the President to initiate negotiations for a multilateral agreement to establish a Free Trade Association. Prior to formal negotiations, the President is directed: First, to launch an intensive one-year study of the consequences for the United States of participation in a Free Trade Area, and PAGENO="0488" 4928 Second, to initiate preliminary discussions with Canada, with the United Kingdom and its partners in the European Free Trade Association, and with other individual members of GATT, or groups of trading nations, such as the Common Market, to explore their interest in establishing a broad free trade association. Great Britain and Canada may very well be the only two nations initially willing to join with the United States in free trade area negotiations. These three would form a sound nucleus: three nations with more similarities than differ- ences in heritage; speaking each other's language, more or less; enjoying high living standards, and possessing ties of friendship, trade and political background which stretch to all reaches of the globe. America's international commitments, as do those of Britain and Canada, oblige her to be outward looking and never exciuSivist. In fact, these very world-wide commitments make American participation in a Free Trade Area the more insistent. America has pledged to help the nations of the Free World achieve a better life for th~ir peoples and defend their poiftical independence. How better to strengthen our friends than through free trade on a nondiscrim- inatory basis? Thus it is not contemplated that the Free Trade Association would be an Anglo-American diub, but rather that it ~hou1d look to a far broader scope, eventually including at least the nations of Western Europe, Japan, Australia, New Zealand and the le~s developed nations such as Latin America. in the underdeveloped world, the United States has tried to win friends and influence people, in part by dispensing large sums in aid and cheap loans. The most cheerful do-gooder can scarcely claim that the results of this outpouring have lived up to exp~ctation. I am sorry to report that, as a praeti:cal political matter, we may be moving toward the end of grant-in-aid and cheap loans as the majOr instrument of for~ign development policy. Dismayed by the cost and waste of foreign aid, disillusioned with its results, puzzled by the ill will it hais evoked, and beset by mounting needs at home, the American taxpayer is becoming increasingly restive. The possibility that expansion of for~ign trade would be icss costly than aid, `and could accomiplish the far sounder purpose of encouraging poor nations to hel~p themselves, would add greatly to its sale- ability in the American political grass-roc~ts. In setting forth guidelines for the President in negotiations for the Free Trade Association, H.R. 18194 states that membership in the Free Trade Asso- ciation would be open automatically to all nations or group of nations willing to assume the obligations and adhere to the rules of membership-with the exception that less developed nations may be given preferential, non-recipro- cal tariff treatment to enable them to develop their infant industries without fear of their being smothered in their cribs by the powerful competition of the developed nations. My bill provides for this preferential treatment with grave misgivings, because I know of no conclusive evidence relating tariff levels to rates of economic growth, even for nations struggling to develop infant industries. I have inserted this provision with the clear understanding that these dis- criminatory arrangements would be temporary. The protected industrial infant has a habit of not growing up. About the only strength often developed is the political muscle to fight against giving up its crutches. I will briefly touch upon the remaining guidelines in my bill. Negotiations to remove trade barriers should initially include industrial goods, with specifically negotiated exemptions, but provide for the eventual inclusion of agricultural commodities as well. Rules of competition should be negotiated to prevent nontariff barriers-offi- cial procurement policies, border taxes, and government aids to production and exports, for example-from frustrating the benefits of a Free Trade Area. The phase-out period for tariffs and quotas would be up to 15 years, to allow time for readjustment of marginally efficient production. The governing institutions of the Association should not be vested with any supranational authority or political decisionmaking power, and substantive deci- sions are to be made by unanimous agreement. This is the Free Trade Area concept, as illustrated by my bill. Now let us look at its political prospects. At first glance these are not bright. We in Congress are currently under a heavy protectionist assault. Pending before us are more protectionist hills than we have seen in the last five or six years. Legislation has been introduced to impose quotas or other trade restric- PAGENO="0489" 4929 tions on the imports of. over 20 industries-from steel, chemicals, textiles and oil to. mink skins, strawberries and baseball gloves. These measures would cover about $7 billion of United States imports-close to half of all imports subject to duty. To this must be added the continuing pressures from already heavily protected industries-both firms and unions. The political strength of producers of such items as woolens, glassware, carpet's and rugs, petroleum and watches, is mdi- cated by the number of relatively high tariffs-some of them over 25 per cent, and a number of them over 50 per cent-that still prevail in the United States. The duty on woolen hosiery, for example, ranges as high as 50 per cent, brandy and rum is dutiable at from 50 to 64 per cent, and cigarettes at 55 per cent. The sources of this groundswell of protectionism are many and complex. They include inflation, the growing capacity of other nations to produce sophisticated products at competitive prices, balance of payments deficit.s and gold losses, and the relatively high rate of U.S. unemployment, which, though largely due to poor training or feeble urge to work, rather than lack of jobs, makes it difficult for the politician to resist the protectionist argument. Preferential tariff treatment for less developed countries of the kind provided for in my bill would not, moreover, simplify the job of those who must sell the free trade area concept in the United `States, because American infa'nt indus- tries-of whatever age-are likely to seize upon this excuse to demand prefer- ences, too. But if the political outlook for free trade has its dark `side, grounds for opti- misin can be found both in prospects for general improvement in the American oconomic balance `sheet, and in the specific advantages of a Free Trade Associa- tion for meeting the `trade needs of the future. First, the tax increase-spending cut package ju'st voted by Congress should slow the rate of inflation, `thus helping to increase American exports, improve our bal- ance of payments, and make the prospect of a flood of imports somewhat less immediate and horrifying. Secondly, despite my strictures concerning general economic literacy, I do be- lieve that it is on the rise. In the United States, for the last two generations at least, the academic economist has been able to `inject the doctrine of comparative advantage into the trusting skulls of million's of captive undergraduates in train- ing to become the nation's business and political leaders. The view that freer trade is somehow a threat to national well-being seems `destined for not too distant fade-out, at least `at the leadership level. Third, the more meaningful, workable program of Federal assistance the President requested from Congress, to help businessmen and workers adjust to new lines of activity in the face of competitive challenge from increased imports, should help deflect the demands of the quota~seekers. When Congress authorizes this program-and there is every reason to believe it will-there will be an outlet, currently denied, to relieve the frustrations of marginal or inefficient industries. If chances for blunting the protectionist attack `look good, will the Free Trade Association `concept be the beneficiary? If so, how soon can we expect the United States to launch its initiative? On this matter there are two schools of thought. The first view applauds the Free Trade Area as a bold, new approach for the future, but too ambitious a counterattack against protectionism to use now. A more moderate offensive-involving a steady, deliberate push toward further trade liberalization, together with meaningful negotiations for the elimination of nontariff barriers-but With/out ringing manifestoes for completely free trade-might be more effective and acceptable to Congressmen beset by constitu- ent pressures and concerned about the decline in America's competitive position. According to this school of thought, serious discussion of a Free Trade Asso- ciation should not come until at least another five years, after another Trade Expansion Act is passed and another round of negotiations to reduce tariff and nontariff barriers has been completed. The second school of thought favors a stronger and more immediate free trade offensive. According to this view, a shift in favor of Free Trade Area participa- tion should come within the next five years. Instead of waiting until after non- tariff barriers are reduced before a Free Trade Area is initiated, this view holds that the Free Trade Association has a good chance of acceptance because it is precisely the vehicle to bulldoze nontariff barriers. The Free Trade Association provides the best means for gathering the proliferating number of regional trade organizations into meaningful nontariff barrier negotiations with the United PAGENO="0490" 4930 States. And American business wants nontariff barriers in other nations lowered in order to equalize the effects of taxes, antitrust and minimum wage laws, and food and drug laws, to name just a few-all of which are not covered by GATT rules. I shall not predict at present which estimate is the more accurate one, but I hope that my bill will stimulate the public discussion that is needed to mobilize support for American participation in a Free Trade Association. Two other factors militate toward acceptance of the Free Trade Area concept in the United States. First, it is less easy for the protectionist opposition to pinpoint its attacks against a broadranging approach to free trade that holds out the prospect of more exports to counter the seeming disadvantages of more imports, and elicits a broad base of popular `support to counteract the determined lobbying of narrow sectors. Second, the Free Trade Area will appeal to those in the United States who view with alarm the large quantities of American capital invested abroad- and, I might also add, it will appeal, for the same reason, to those in Europe who similarly fear the invasion of American capital. American companies set up subsidiaries or buy out already existing companies in a foreign country largely to get around that country's trade barriers. The result-a growing migration of American capital and American business executives, and a rising tide of American economic influence. If tariff walls are knocked down, American companies could compete in foreign markets without having to own plants in those areas, thus providing employment and investment opportunity in the United States. Thus, while the outlook for a Free Trade Association in the immediate future is far from clear, I do not believe that, in spite of protectionist pressures, the United States will halt the march toward free trade that it began during the Roosevelt era. I do believe that the time is now for the Free Trade Area ad- vocates to go on the offensive, or at least to begin to plan the offensive. The campaign will be tough, but I think it can be won, and I am happy, as a true believer, to help carry the standard of free trade into battle. Mr. HERLONG. Thank you, Mr. Long. Are there any questions? The next witness is the Honorable M. Gene Snyder of Kentucky. Mr. Snyder, please come forward and proceed as you see fit. STATEMENT OP RON. M. GENE SNYDER, A REPRESENTATIVE `IN CONGRESS PROM THE STATE OP KENTUCKY Mr. SNYDER. Mr. Chairman and members of the committee, thank you for the opportunity of appearing here today to express on behalf of the Governor of Kentucky the views of the Commonwealth in re- gard to legislation to effectively limit the importation of foreign oil. The Governor is unable to be here because of other pressing busi- ness, and he has requested that I read his statement to the committee. The Governor's statement follows: "STATEMENT BY HON. LOUIE B. NUNN, GOVERNOR OP THE COMMONWEALTH `OP KENTUCKY "My name is Louie B. Nunn. I am Governor of the Commonwealth of Ken'tucky. I appreciate the opportunity to present, for considera- tion by the committee and the Congress, my feelings with respect for the need to effectively limit the importation of foreign oil. I am con- vinced that import limits are required if we are to maintain adequate fuel supplies for our growing economy and our Nation's security. "Without adequate liquid fuels, readily accessible, the United States could no longer deal with world problems from a position of strength. From whatever means and by whatever Government policies required, PAGENO="0491" 4931 including import controls, we must see to it that we do not lose our capability to fuel our industrial plants, our vast transportation sys- tems, and our military. "An overextension of our dependence on foreign oil could unde- niably thwart our efforts to maintain a strong position as to these basic fuel supplies. I choose to discuss this issue in terms of fuel sup- plies as opposed to oil because I am convinced that within a shorter time than any of us suspect, the liquid fuels for our 90 million family automobiles, for our public transportation system, and for our Armed Forces, will be commingled from a nuthber of so-called synthetic sources as well as from conventional petroleum liquids. "We will be fueling the economy, in the not too distant future, with supplementary supplies of liquid fuels from the great shale beds of "the Rocky Mountains and from the coalbeds of Kentucky and Appa- lachia. The technology for extraction of such fuels already is in standby. Their development awaits two things: (1) the need, plus (2) economic incentive. Both the need `and the incentive could be post- poned for years if not decades should we choose the disastrous course of purposely expanding our use `of and dependence upon foreign oil. "Should this Nation ever find its dependence on a day-by-day basis, upon the tenuous oil supply lines which stretch those thousands of miles from the Middle East and north Africa, it will be by design and by choice and by folly. It will not be by necessity. "Beyond our presently adequate, but unfortunately declining re- serves of conventional oil, the United States has combined sources of liquid fuels adequate to last hundreds of years. "The estimation for shale oil alone is 1.8 trillion barrels. The poten- tial for liquid fuels through hydrogenation of coal is virtually inesti- mable. We need not ever find ourselves short of energy, but just as a search for crude oil is made more expensive, it will take much costly research and highly sophisticated technology to bring to reality the production of synthetic fuels. "As Governor of a State where coal is our primary resource, Mr. Chairman, I am highly concerned with maintaining Government poli- cies that will not frustrate the potential of liquid fuel's extraction from coals, with immeasurable benefits to Kentucky and t'o the Nation. And, I am convinced that the piece-by-piece growth in imports which has been permitted under the present mandatory oil import program could frustrate our oil-from-coal hopes not just for a few years but for the foreseeable future. "This fear and this conclusion is based upon simple arithmetic. It happens that the Commonwealth of Kentucky has an oil-producing industry of which we are justifiably proud. Synthetic oils cannot yet compete with conventional oil production. And, our conventional oil production cannot compete with foreign oil. The oil-producing indus- try in the Commonwealth of Kentucky is not healthy, is n'ot expand- ing; in fact, it is declining. "In the past 10 years, the number of producing wells in Kentucky has declined from 17,702 to 16,000; it simply means we are abandoning more wells than we are `adding. In this same period, Kentucky's crude oil reserves have declined 32 percent. I am told that this is the dis- turbing trend for the Nation as a whole. We have found, in the United States, less oil than we have produced in 4 of the 10 years. PAGENO="0492" 4932 "As an active and interested member of the Interstate Oil Compact Commission, authorized by the Congress `as a forum for the encourage- ment and sound and proper conservation of our petroleum resources, I find that-in discussing with officials from other producing States- what is happening to the oil-producing industry in Kentucky is not the exception, but the rule. Our domestic industry is exploring less, drillmg less; and finding less and less oil and gas. Demands for oil and gas, on the other hand, continue to rise sharply. "Yet, in this situation, we find the mandatory oil import program, improvised only for the purpose of maintaining a climate conducive to finding adequate defense fuel supplies, is being systematically dis- mantled to serve all sorts of purposes which in no way serve that security purpose. "Mr. Chairman, the Commonwealth of Kentucky is but one of 33 States which produce petroleum. In the overall scheme of keep- ing our country supplied with oil, nobody would be particularly impressed with Kentucky oil production except Kentuckians. Our daily production is only about 40,000 barrels. Kentucky is the least of the small industries in the oil business. Some 800 to 1,000 individuals and small companies drill the bulk of the wells, and find and produce the bulk of the oil in Kentucky. "The small oilmen are not only making important contributions to our economy, but they make important contributions to our State government through tax payments, to the State as well as to the counties where oil is produced. In 1968, based on production taxes paid in the first quarter, the Commonwealth of Kentucky will realize approximately $210,000 from oil-production taxes; county govern- ments will collect directly $416,000 in production taxes. In addition, the industry is assessed for ad valorem taxes based on the value of oil produced in each county. "The oil-producing industry is local in character in Kentucky, Mr. Chairman. Because the industry is dominated in our State by small independent producers, they live where they work. That employs thousands of workers, and they pay taxes. For that reason, the Com- monwealth of Kentucky is striving to create a favorable climate for oil exploration and development. "Kentucky, like many other States, has hundreds of millions of bar- rels of oil that could be recovered only by water flooding and by the more costly situ system, which is a fire flooding means of coaxing additional oil from old reservoirs. Several such projects are now contemplated in the State, and many others are sure to grow if we can maintain a favorable climate including a dependable system of limitations on oil imports. "These secondary recovery projects, just as the eventual and hopeful development of oil from coal and shales, depend upon a system of rational and workable Federal policies. With surpluses of oil now existent throughout the free world, an effective oil import `program is a vital element in such policies. Without reasonable and stable limits on imports, we are, in my opinion, headed on a serious course toward an American oil famine. "We become aroused about certain `gaps' Mr. Chairman, and I say one `gap' we do not want-and one we could avoid if we are wise- is a ~uel `gap.' I am pleased that among 46 sponsors in the House of PAGENO="0493" 4933 Representatives who have sponsored or proposed identical bills to prevent further erosion in the oil import program, four are from Kentucky. And the other members of our congressional delegation are in favor of this legislation. I urge, in conclusion, that this com- mittee give serious consideration to these bills." Mr. HERLONG. Thank you, Mr. Snyder, for bringing to us Governor Nunn's statement. Our next witness is our colleague from Wyoming, the Honorable William H. Harrison. Please proceed as you see fit, sir. STATKMENT OP HON. WILLIAM H. HARRISON, A REPRESENTATIVE IN CONGRESS PROM THE STATE OF WYOMING Mr. HxnRIsoN. Mr. Chairman, in presenting my statement to this dis- tinguished committee I speak not a*s a "free trader" but rather as a "fair trader." I sincerely feel that the Johnson administration has permitted Americ&s maj or trading partners to expioit~ concessions given them in trade negotiations to turn international commerce into a foreign aid tool that has American industry with its back to the wall waiting for relief in November. In my judgment, the President's Special Representative for Trade Negotiations, William M. Roth, is either naive or tragically misin- formed if he believes, as he asserted in a press interview, that "I know of no industry that is in danger because of foreign imports." If Mr. Roth feels this way he ought to look long and hard at the livestock, steel, dairy, wool, and mink industries in Wyoming and at these and other industries across the Nation for a*n indication of the debilitating effect of foreign imports. In at least one industry, the administration has had cause to become so alarmed at possible political repercussions that the Tariff Com- mission has been ordered to begin a quiet investigation. I refer to the dairy industry where there has been a blatant disregard for import quotas on cheeses and butterfat substitutes which should, but don't come under the butterfat quotas. I'm advised that hearings will open before the Tariff Commission on July 22, but the administration has not yet made the formal announcement. I think there could be no better preface to the discussion of imports than the lead paragraph of a Wall Street Journal news article which appeared Friday, June 28. The article began: The U.S. last month sustained its second merchandise trade deficit of the year, deepening official concern over the deterioration of the nation's international trade position. The article went on to say that- Exports last month fell 5.8% from April to a seasonally adjusted $2.72 billion, while imports rose 4.2% to a record of $2.75 billion. The bulk of the import rise was in steel . . . there has also been a general rise in imports of consumer goods . . . imports are running 18% ahead of last year's $26.82 billion. The article goes on also to point out that the administration has been striving for a $500-million gain in the trade surplus this year th $4.6 billion, while officials now freely acknowledge that such a gam-part of President Johnson's program to improve the balance- of -payments deficit this year by $3 billion-is practically unobtainable. PAGENO="0494" 4934 Mr. Chairman, I ask that the Wall Street Journal editorial and the interview with Trade Representative William Roth be printed in the record of this hearing. During the past 4 weeks we have heard much of the injurious effect extensive imports of certain commodities are having on indus- tries producing like or competitive products. This is particularly true of meat, textiles, steel imports, shoes, and other commodities such as glass, milk, skins, electronic equipment, oil, and even strawberries. In some instances we are being confronted by the impact of such large quantities being made available on our domestic markets as to be in the nature of dumping. It is true that our Customs Bureau has very specific remedies against such commodities that seem to be dumped here at less than fair value. Total quotas can be imposed or countervailing duties to offset the advantages gained from low- cost exports to the United States, but this procedure is at times cum- bersome and not frequently invoked. What concerns me more is the prevalence of so many instances where an ever-increasing share of our domestic market is being superseded by foreign imports. The effect is very insidious because it is spread over several years, the theory being that no industry can justly claim being ruined by excessive imports in any one year. It is the gradual progression of imports increasing year after year that is undercutting the viability of our American industries. What is frightening is the sudden realization that imports from any one coun- try have increased enormously over a long period. A few examples, namely beef, steel, and dairy products, textiles, and miuk skins bespeak the percentage increase of imports and the rela- tive importance to our balance-of-payments deficit. LIVESTOCK IMPORTS In my 10 years of Congress I have supported probably ~ dozen or more beef import bills, and each time I have been accused of opposing free trade. I support such legislation again this year and will gladly acknowledge that I am not a free trader, but a fair trader. The policies of this administration that increased imports of boneless beef of 13 percent between 1966 and 1967 and increased red meat imports by 7 percent in the same period may amount to what the administration regards as free trade, but they certainly do not impose what American meat producers regard as fair trade. Fairness means that the industries at home have as fair a shake in trading as have foreign industries and that today is definitely not the case in the cattle or sheep industries. The administration has triggered a Johnson-county war, Texas style-the Johnson `administration against the livestock counties. Not even the most avid advocate of unchecked imports would deny that a pound of foreign beef consumed means that a pound of domestic beef will not be eaten. But under the policies of the present administra- t~on, foreign beef has been on many American tables. The average price for choice steers at Omaha is lower at $26.42 per hundredweight as of prior of this year than it was in 1962. PAGENO="0495" 4935 STEEL IMPORTS I hark back to the Wall Street Journal article to which I referred to in my opening comments that "the bulk of the import rise (last month) was in steel." In 1959 we imported 1.3 million tons of steel products, only 1.7 per- cent of our total domestic market. By 1967 imports had risen to 12 million tons or 12.7 percent of domestic consumption. Thus in only a decade we had swung from our role as a net exporter of steel to become a net importer of steel. Largely because of transportation problems, Wyoming steel plants are operating on a very thin margin which is being steadily eroded by imports. Wyoming does not mill steel but it mines and beneficiates iron. The Colorado Fuel & Iron `benefication mill near Sunrise, Wyo., has a 600,000-ton-a-year capacity and employs some 200 men. The Atlantic City project of the United States Steel Corp., in Fremont County, has a 1.5-million-ton-per-year capacity and employs between 550 and 600 steelworkers. This means a payroll for Wyoming of some $4 million annually, which to a State with only 330,000 people is a large and im- portant economic element. Iron mined in Wyoming is expensive in that it must be transported to Provo, Utah, or Pueblo, Cob., after beneficiation and then on to west coast steel markets. Japanese competitors, on the other hand, ship their steel by water, the least expensive method, thereby gaining a massive competitive edge. When this competitive `edge is added to the low wages and living conditions associated with those who create foreign pro- duction, this gives Japanese and other foreign-produced steel a dis- tinct price advantage over the American product. Projections of avail- able statistics indicate that the staggering total of 17 million tons of foreign steel may find its way to our shores, adding over $1 `billion to our international transaction deficits for 1968. DAIRY In dairy imports, we find a score of nations making end runs around our `import laws simply by renaming or altering slightly the com- position of certain items. Imports of cheese in 1967 were 152 million pounds, or 8 percent of U.S. production. Of this 152 million pounds, 60.3 million was in Colby cheese, which, for all practical purposes, is American cheese. It gets around our import laws by changing its name, which is reminiscent of the old adage: "A skunk by any other name is a poor picnic partner." The Commodity Credit Corporation purchased 180.5 million pounds of Cheddar cheese in 1967, in a price-support program whi'ch had the U.S. Government on one hand buying excess American production and at the same time allowing the substitute for that American pro- duction to enter tile country in massive quantities. Accordingly, we have been subsidizing a substitute for American production. The administration has ignored the fact that items containing butter- `fat should be included in the 707 pounds per annum quota on butterfat PAGENO="0496" 4936 by refusing to debit such imports in their proper categories; the ad- ministration has, in effect, "paid to evade." It has granted quotas in addition to the butterfat quota and permitted enormous extra quota quantities of butterfat items to enter the United States in disguise. These products substitutes contributed $75 million to our international trade deficit in 1967. Western European countries which have a surplus in exportable dairy products are subsidizing the selling price to get these stocks off their hands. They are subsidizing some products which have a domestic price of 80 cents to the tune of a 30-cent selling price. This is particularly true of France and the Netherlands. Nonfat dry milk from Western Europe countries is exported at 12 cents a pound, a price with which our domestic producers cannot begin to compete. Import laws under section 22 of the Agriculture Trade Act of 1949 are notoriously easy to circumvent, a weakness which I believe will be corrected by dairy legislation such as H.R. 4529, which I am sup- porting. TEXTILES Mr. Chairman, my State has no textile mills as such, but again we are the producer of the fine ingredients of woolen sweaters and top- coats and other items that contain some of the finest domestic wool. * Wool producers in the West are well aware that in 1957 the United States imported less than 1 billion square yards of all types of textiles at a value of under $300 million. However, by 1967, only 10 years later, we imported around 2.5 billion square yards at a value of around $900 million. This year, we will probably expend around $1 million, which will add appreciably to our balance-of-payments deficit. We have thrown wide our doors to texliles which are produced overseas at wages one-fourth of ours. In other words, we are giving employment to overseas workers at the expense of our own working- man and thereby increasing our dollar headache. Wyoming ranks second among the States in wool output with fleece regarded among the best in the Nation. Wyoming's shorn wool pro- duction for 1967 totaled 18,867,000 pounds, with an average market price of about 40 cents a pound. Continued imports will have the effect of diminishing the market for this Wyoming wool and other homegrown products and further damaging economy of Wyoming and other States which could stand a boost rather than a knock from their Federal Government. MINK Mr. Chairman, Wyoming is not one of the larger mink-producing States, but I have been advised by the National Board of Fur Farm Organizations that, of the 24 ranches we had in January of 1967, five have gone out of business in the past year because of imports. That is roughly a 20-percent deterioration in a single industry because of imports. I am also advised by the national board that in 1962 there were 7,200 ranchers on record in the United States, and as of June 1, 1968,~ there were only 3,159 remaining; fewer than half of the ranches and less than half of the industry, after 6 years of battling for imports~ PAGENO="0497" 4937 I have introduced bills which would provide some degree of relief for domestic mink ranchers from the influx of imports, particularly from the Scandinavian countries. The mink industry has been to the Tariff Commission twice seeking relief. Despite the fact that they have lost over 50 percent of their domestic market, and despite the fact over 50 percent of the ranchers have been forced out of business because of imports, no relief has been granted. Here, perhaps, is one more industry to which Mr. Roth could look before he again reports to the press that "I know of no industry that is in danger because of foreign imports." The Tariff Commission found that in 1967 the apparent domestic consumption of mink pelts was 10,200,000, with 5,300,000 imported: 51 percent of domestic consumption. It is obvious from these figures why the domestic rancher has had great difficulty just trying to stay in business and why more than half have, in fact, not been able to stay in business. To give the mink industry at least a modicum of protective cover, I introduced H.R. 10670, which provides that up to 40 percent of do- mestic consumption can be imported duty free and thereafter there must be a 50-percent ad valorem assessed. This would provide foreign mink ranchers access to the American market, but would preserve 60 percent of the American market for the American rancher. Mr. Chairman, I have tried to draw attention to just a few instances in which our domestic industries are in jeopardy by virtue of ever- growing imports. As you know, under our Trade Agreement Act of 1962 we gave the administration the power to cut tariffs by ~Q percent for reciprocal tariff concessions from our GATT (General Agreements on Tariff and Trade) partners. Tinder the tariffs that went into effect on January 1, 1968, we are now beginning to see how our major trading partners are exploiting the concessions we gave them. Already the trend shows that in most instances where we cut our tariffs our free world friends are literally swamping our markets. I say swamping because that means driving out our own production. By and large, most foreign goods are produced at labor rates far lower than ours. Our low tariffs do not provide an equalizer on a real competitive basis. Mr. Chairman, the record shows that since 1934 the United States has led the way in abolishing artificial tariff barriers and initiating lower tariff rates, all on the basis of fairness in international com- petition. We have tried not only to be free traders but fair traders as well. ~Jet, most foreign countries who are members of GATT feel free to add all imaginable types of taxes to our export goods so as to protect their domestic industries. We are appalled by the array of border taxes, turnover taxes, use taxes, subsidy payments, and other protection devices that enhance their own exports, but prove to be extremely onerous for our exports to them. Congress is being importuned from all sides for at least a variable quota based on annual consumption totals or we should institute similar border taxes as other countries are doing. We already know what the inevitable result will be. Our ostensible trading partners will invoke GATT rules against us by asking for extensive waivers not to grant tariff cuts to us, or 95-l59-68-pt. 1O-32 PAGENO="0498" 4938 they will ask for tariff penalties because a quota imposed by us will contravene the GATT charter or retaliation on an individual basis will come into effect against our most profitable exports. All in all, we can foresee that the result of imposing a variable quota on imports will be a shrinkage of our export trade. On the other hand, if foreign countries are so eager to invoke the GATT legalities, why are our own trade negotiators so slow in invok- ing the penalties prescribed in the GATT charter? I am all for re- ciprocal recessions. We have shown our good will in cutting tariffs. We do not hide extra tariffs under the guise of new taxes in all types of devious forms. My own. view is that we should give the variable import quota a testing period of at least 3 years and make our trading partners honorable trading partners. This matter is crucial to us. This is not merely a matter of offsetting payments deficits but the actual prosperity of our manufacturing industries here at home and the economic welfare of a large segment of the American laboring man. The sooner we initiate the new system the sooner will we be able to pro- tect our own industrial viability. It is not enough to be a free trader. One must also be a fair trader, and the actions of this administration as well as our trading partners do not contribute to an affirmative answer to the question: "Is your trade policy fair as well as free?" (The articles referred to follow:) [From the Wall Street Journal, June 28, 1968] UNITED STATES HAD DEFICIT OF TRADE fl~ MAY; SECOND Tuis YEAR EXPORTS FELL 5.8 PERCENT FROM APRIL AS IMPORTS, LED BY STEEl., INCREASED 4.2 PERCENT TO RECORD-OFFICIAL QUARTERS DISTURBED (By a Wall Street Journal Staff Reporter) WA5HINGTON.-Tbe U.S. last month sustained its second merchandise trade deficit of the year, deepening official concern over the deterioration of. the na- tion's international trade position. Last month's seasonally adjusted deficit was $32.2 million, the Commerce De- partment said, and followed a $248 million surplus in April. The April surplus had been especially welcome after a $157.7 million March deficit, the first in five years. Exports last month fell 5.8% from April to a seasonally adjusted $2.72 billion, while imports rose 4.2% to a record $2.75 billion. The bulk of the import rise was in steel bought as a hedge against a possible steel strike, and in autos, said William H. Chartener, Assistant Commerce Secretary for Economic Affairs. There has also been a "general rise" in imports of consumer goods, Mr. Char- tener added. Inflation and rising purchasing power here, he said, impairs the U.S. trade position by strengthening demand in the U.S. and causing U.S. products to be somewhat less competitive abroad. He said be hopes the recently passed 10% income-tax surcharge will help improve this situation. In April exports had soared 17.7% while, imports rose 1.1%. But, the depart- ment cautioned, the April increases probably reflected "above normal export and import activity" following an 11-day longshoreman's strike in New York at the end of March. Traditionally, the merchandise trade surplus has been the strongest element in the overall U.S. balance of payments, helping offset outflows for travel and mili- tary investment activities. The payments deficit, which last year totaled $.3.57 billion, occurs when foreigners acquire more dollars than they return in all trans- actions. The cumulative trade surplus of $405 million for the first five months of PAGENO="0499" 4939 1968 is significantly below the $1.92 billion cumulative surplus for the like 1967 period. The Administration has been striving for a $500 million gain in the trade sur- plus this year to $4.6 billion. But officials now freely acknowledge that such a gain-part of President Johnson's program to improve the balance-of-payments deficit this year $3 billion-is practically unattainable. Andrew F. Brimmer, a Federal Reserve Board member, earlier this week said there appears to be "no prospect" of achieving the $500 million expansion. So far this year, the Commerce Department said, the annual rate of exports is running 6% higher than last year's $30.94 billion total. But imports are running 18% ahead of last year's $26.82 billion. This indicates that the trade surplus for the first five months was at an annual rate of only $972 million. [From the Washington Post, June 23, 1968] U.S. TRADE POLICY PLANS AND FUTURE (By James Srodes, United Press International) On July 1, 52 free-world nations will cut tariffs on about $8.5-billion of United States goods as part of a three-year plan to expand world trade. One architect of that plan covering tariff concessions on $40-billion of world trade is William Matson Roth, the President's special representative for trade negotiations. A former director of the Matson Navigation Company and execu- tive of a near-dozen other enterprises, Roth guided the U.S. team that concluded the "Kennedy Round" of tariff talks which agreed to cut import duties by an average of 35 per cent. Those talks and agreements by 53 nations representing 80 per cent of all world trade are part of the General Agreements on Tariff and Trade (G-ATT), a series of conferences conducted since 1947 and aimed at promot- ing world trade. In recent months, Roth has appeared before Congressional groups to answer questions brought on by a strong protectionist drive by some segments of Ameri- can industry. In the following questions and answers, Roth outlined for UPI the IL S. trade policy, its problems and its future: Q. How important is trade with other countries to the U.S.? A. Very important; perhaps more important than statistics would indicate. Our exports in 1967 accounted for less than 4 percent of our output of goods and services but that 4 percent had a great impact on our economy. U.S. exports totaled $31.5 billion during the first three months of this year and gave our industries added markets to serve. The $26-billion of imports bring in a wider variety of products for our consumers and needed material for American businesses. Q. Does expanded trade help our partners more than it helps the United States? A. It benefits everybody concerned. Expanded trade certainly helps those na- tions like the Dutch and Great Britain who have a higher dependency on trade than we do because it increases the strength of their economy. But it helps our country too. As our partners sell more to us, the more they buy from us. And what they buy from us comes from very key parts of our economy. Agriculture is one of the top export areas in our economy and so are highly technical industries like steel, machinery, electronics and chemicals. And what they sell us is impor- tant because it gives us things we don't have and can't produce on our own- from bauxite for our aluminum to the cheaper grades of meat for our hamburger. And finally, since we have consistently sold more goods than we have bought, the resulting flow of money into the United States has helped us in our efforts to im- prove our overall balance of payments pc~sitiom Q. Couldn't we help the balance of payments problem even more by raising duties on foreign imports and bring even more money back to the United States? A. We tried that approach once. And what happened to us was one of the reasons GATT was formed after World War II. During the late 1920's and early 1930's-what we call the Smoot-Hawley high tariff era-congress log-rolled higher tariffs for one American industry after another. Our trading partners had to protect their own interest so they raised the tariffs they charged on American exports. The result was that trade fell off heavily and with this, American indus- tries suffered and unemployment increased as the foreign markets dried up. PAGENO="0500" 4940 Since the war we have seen a phenomenal growth in world trade as tariffs were reduced. In 1948 total free world exports were less than $60 billion. Q. What did the U.S. and other nations agree to at the Kennedy Round conference? A. Basically, the agreement called for our trading partners-52 of them to be exact-to match us in reductions on specific tariffs, a step at a time, over the next four years. The reductions average about 35 percent of the duties imposed but some products will have tariffs c~t in half. According to the original agreement, we took the first step this past January by reducing our tariffs by 20 percent of the agreed amount. This gave the other nations the advantage over the first six months. But since they will be taking two 20 percent cuts on July 1, we will have the advantage for the rest of the year. Then on January 1, 1969, we are supposed to even things with a 20 percent reduc- tion and then all of us will match steps in 1970 and 1971 until January 1, 1972, when we reach 10 percent of the agreed reductions. Q. What about the charges that we ware out-bargained at the Kennedy Round? A. That's just not so. We got as much as we gave and most businesses feel we did well there. There are some in the chemical industry who feel we should not abandon the American Selling Price method which assesses certain imported chemicals at their sale price here and not on their export value like other products. But I took the position throughout the negotiations that I would rather have no agreement than a lopsided one because I was looking to the future of trade legislation in this country. On one occasion I left the table pre- pared to come home without any agreement at all. Q. Have the Kennedy Round terms changed since the balance of payments crisis has developed? A. There has been an offer by some nations to take a step in January to 60 per cent and allow us to remain at 20 per cent to give us a chance to improve our payments position. This offer is conditioned, however, on our not passing any protectionist legislation raising tariffs on imports and on our removing the American Selling Price system from chemical imports. Q. How widespread is the so-called protectionist movement in Congress ~ A. At last count there were bills raising tariffs or setting import quotas on 42 per cent of our dutiable imports. Q. Don't high tariffs or import quota laws protect American jobs in industries which are threatened by foreign goods made by low-wage workers. A. There are two answers to that line of argument. First, it is a simplification to talk only about labor costs and cost gaps. We have all heard about the labor cost gap between the U.S. and Japan, and now Japan is beginning to develop a gap of its own with the other nations of southeast Asia such as Korea. There will always be areas in the U.S. where we are not as competitive. When you talk about competition, you have to talk about not only the cost of labor, but the cost of capital, technological development, the educational and research backups for an industry, the transportation costs and everything. The second point is that we have an escape clause in the GATT which allows an industry special protection if they are being injured by imports. Where an industry is being undermined by imports it not only can use the escape clause and request either tariffs or quotas, but there is also the Office of Emergency Planning available for assistance. Q. Are there any American industries now being threatened by foreign imports? A. I know of no industry that is in danger. Q. What future do you see for U.S. trade policy? A. The President has asked us to do a study on trade policy, and we are working on that now. There are groups which feel we should go into immediate negotiations to free trade entirely but it isn't that easy. As tariffs come down, other problems arise, problems of non-tariff barriers, the relationship between American investments in foreign plants, the balance of payment problems, regional trade blocs. All these will have to be dealt with before we can start thinking about truly free trade. The present danger however, is in going backwards, under political pressure. There is a concerted drive by major American industries who don't want free trade. We have often been export lazy, and I feel there is a real danger of slipping back. Mr. HERLONG. Any questions? Thank you for coming, Mr. Har- rison. PAGENO="0501" 4941 Mr. HARRISON. Thank you, Mr. Chairman. Mr. HERLONG. The next witness is the Honorable Santiago Polanco- Abreu, our distinguished Resident Commissioner from Puerto Rico. We are happy to have you with us. STATEMENT OP HON. SANTIAGO POLANCO-ABREU, RESIDENT COMMISSIONER OP PUERTO RICO Mr. POLANCO-ABREU. Mr. Chairman, members of the committee, I regret that I was unable to be here last Thursday when the oil import legislation was under consideration and I appreciate your courtesy in hearing my statement at this time. On Thursday, Sergio Camero, Administrator of Puerto Rico's Economic Development Administration-"Fomento" as it is called in Puerto Rico-explained what we feel are the extremely serious economic consequences this legislation would have for Puerto Rico. I would like to present another aspect of the Commonwealth's objec- tions to these bills. The language of these proposals runs counter to the entire concept of Puerto Rico's Commonwealth relationship with the United States. With the committee's permission and in the interests of time, I will submit, rather than read, a legal memorandum covering this point which I submitted to the Senate Finance Conimittee last year. The legislation in question was 5. 2332 but the principle applies to the oil import legislation before this committee. I think that the best way of outlining Puerto Rico's objections to this facet of the bills is to trace their legislative history. By my last count the committee had before it some 47 of these oil quota bills. All are generally similar in objective and language and sub- stantially similar to S. 2332 by Chairman Long of the Senate Finance Committee. Their effect, insofar as Puerto Rico is concerned, would be to re- ~iuce or eliminate entirely the movement of controlled petroleum prod- ucts from insular refineries to the U.S. mainland. The specific means to do this and as embodied in the S. 2332 type bill is by the addition of a new section to the national security provision o:f the Trade Ex- pansion Act of 1962. This new wording would define as "imports" the onshore move- ment of these petroleum products. In effect, these products would be classified as if they were "imports" from a foreign country. Mr. Chairman, when I first read the language of S. 2332 I was naturally concerned. I was also a little puzzled. Never in three-quar- ters of a century has Congress seriously considered erecting an arti- ficial barrier to the free flow of products between Puerto Rico and the U.S. mainland. Such a restriction would be entirely contrary to the "free trade" concept embodied in the Puerto Rico Organic Act of 1900 by which civil government was established for the island following its cession to the United States by Spain. The same free trade relationships were reenacted in the Jones Act of 1917. And these specific provisions were again reenacted in Public Law 600 of the 81st Congress which provided for the compact estab- lishing the Commonwealth of Puerto Rico. PAGENO="0502" 4942 Conversations with many Senate and House sponsors of this type of legislation made it clear to me that the language in question resulted from oversight and did not represent an intent of Congress to abcilish the free trade relationship. Corrective action was taken in the Senate. On December 15, 1967, Senators Mansfield and Metcalf, two of the original sponsors of 5. 2332, introduced amendments that would elim- inate both the political and economic threats posed by this type of leg- islation for Puerto Rico. I say both the political and economic, because in reality we are deal- ing with a dual problem. It hardly matters what words one uses if the result is to curtail the necessary flow of products from insular refineries. As Mr. Camero pointed out, the petrochemical industry, the back- bone of Puerto Rico's modern industrial effort would suffer and this would be a severe blow to our hopes of raising living standards and reducing unemployment throughout the island. I believe that the Mansfield-Metcalf amendments offer a practical solution to the S. 2332 bill problem. They would neither expand nor contract Puerto Rico's present position under the oil import program. They would permit Congress to write the 12.2 percent formula into law, which, I understand, is a major objective of S. 2332 and similar bills. But under these proposed amendments this could be accom- plished without threatening Puerto Rico's economic life. To go beyond this and revise Puerto Rico's position in the program would be to turn back the clock and impose a retroactive and sub- stantial burden on what is already a $400 million industry. As I stated earlier, I am convinced the use of the term "import" to designate the onshore movement of petroleum products from Puerto Rico was an error. It is an easy error to correct. But I hope that if the committee takes action on this type of legis- lation it will consider the broader implications of these bills. They deal in a very real sense with the well-being of nearly 3 million U.S. citizens in Puerto Rico. (The information referred to follows:) SUPPLEMENTARY STATEMENT SUBMITTED BY HON. SANTIAGO POLANCO-ABREU, RESI- DENT COMMISSIONER OF PUERTO Rico, TO THE SENATE FINANCE COMMITTEE ON IMPORT QUOTA LEGISLATIoN-OCTOBER 26, 1967 S. 2332 AND COMMONWEALTH STATUS 1. S. 2332 proposes, inter alia, to add a new section (h) (2) to the national security provisioi of the Trade Expansion Act of 1962 (19 U.S.C.A. 1862) which would define as "imports" the shipment of petroleum products from Puerto Rico to the continental United States. These "imports" from Puerto Rico would, under S. 2332 as written, be treated the same as imports into the United States from foreign countries. The proposed limitation on commerce between Puerto Rico and the continental United States would represent the first time in more than two-thirds of a century that Congress has attempted to restrict in any way the free trade relationship between Puerto Rico and the States. This free trade relationship was first embodied in the Puerto Rico Organic Act of 1900 through which a civil government was established for Puerto Rico after its cession to the United States by Spain. (31 Stat. 77 (1900), 48 U.S.C. 748) The Compact of 1952. which created the Commonwealth of Puerto Rico specifically re-enacted those pro- visions relating to the free trade relationship. (64 Stat. 319 (1959), 48 U.S.C. 731b) 2. The 1950 enabling legislation which led to the Compact of 1952 specifically recognized the principal of Puerto Rico's "government by consent" arranged "in the nature of a compact." (Ibid.) Subsequent to the Compact, Congress has PAGENO="0503" 4943 respected and preserved the bilateral relationship by providing in each case for Puerto Rican consent to the application of federal statutes which would not otherwise extend to Puerto Rico by virtue of the compact. (E.g., Narcotic Con- trol Act of 1956, 70 Stat. 567, 572 (1956), 26 U.S.C. 4774; Excise Tax Technical Changes Act of 1958, 72 Stat. 1375-76 (1958), 26 U.S.C. 5414(a) (1)) As stated at pages 12-13 of the 1966 Report of the United States-Puerto Rico Commission on the Status of Puerto Rico: "A solemn undertaking (the compact) of such profound character be- tween the federal government and a community of United States citizens is incompatible with the concept of unilateral revocation. It is inconceivable that either the United States or Puerto Rico would, by an act of unilateral revocation, undermine the very foundation of their common progress: the fundamental political and economic relationships which were established in the basis of mutuality." 3. Since the establishment of the Mandatory Oil Import Program in 1959, the Government of the Commonwealth of Puerto Rico has taken steps to insure that the island's petroleum and petrochemical development would not, by virtue of Puerto Rico's free trade relationship with the States, be used as a vehicle for frustrating or evading national policy relating to the level of oil imports into the mainland. Thus, in the case of oil import quota applications endorsed by the Commonwealth Government subsequent to 1959, the Commonwealth Gov- ernment, before approving a project, has itself arranged that each applicant limit its petroleum product shipment to the States. It has been, and remains, the policy of the Commonwealth Government that new oil import quotas granted for refineries in Puerto Rico should be granted only on the condition of fulfill- ment by the applicant of its commitments to the Commonwealth Government- including the commitments as to product shipment to the mainland. Mr. HERLONG. Thank you very much for appearing before us. We appreciate your doing so. Mr. POLANOO-ABREU. Thank you, Mr. Chairman. Mr. HERLONG. Our next witness is Hon. Odin Langen, of Minnesota. Mr. Langen, you are recognized. STATEMENT OP HON. ODIN LANGEN, A REPRESENTATIVE IN CONGRESS PROM THE STATE OF MII~NESOTA Mr. LANGEN. Mr. Chairman, I am indeed grateful for the privilege of submitting a statement relative to various tariff and trade pro- posals introduced by the administration, myself, and other Mem- bers of Congress, tying them into the general subject of the balance of trade between the United States and foreign nations. The coin- mittee is to be commended for proceeding on a broad basis that en- compasses a variety of thought, fact, and opinion. AGRICULTURAL TRADE Mr. Chairman, being aware of the scope of these hearings and the large number of statements being presented, I will forgo the tempta- tion of covering the total trade area. Instead, I will confine my re- marks to agricultural commodities and will deal mainly with such imports. In looking at the effects of agricultural imports, it is necessary to look beyond the simple relationship to exports or the narrower field of international trade. We need to look at the overall picture of our national economy, and the effects of such imports on all aspects of that economy. It is not merely foreign trade at stake here. There is the relationship of that trade to our balance of payments, the gross national product, our farm programs, and even the cost of living. At times the Federal Government works at cross purposes, with programs that contradict each other, in the field of agriculture. This PAGENO="0504" 4944 can be illustrated by comparing rising imports with the amount of money spent to stabilize agricultural commodity prices after the im- ports have depressed the markets. For the sake `of comparison, let us look at the aggregate imports of dairy products, beef, veal, lamb, eggs and egg products from 1960 through 1967. During that period of time we imported $2,810,894 worth of those `commodities with the sole justification of opening our doors to so-called free trade. The effects of such quantities of com- modity imports was, of course, price depressing for the American farmer. In an effort to hold the line on domestic prices, another de- partment of our national Government spent $3,286,806,672 in Com- modity Credit Corporation and section 32 funds in order to support the price of those very same products from 1960 through 1967. Even such a combination, costly as it was, proved completely inadequate as a means of stenmiin'g the tide that has seen American agriculture -fall still further behind the rest of the Nation's economy during those same years. It seems ironic that it took even more Federal moneys to keep the bottom from falling out entirely on domestic agricutural commodities than the dollar value of the imports. The combination of the two, with the resulting effects on the economy in general, is alarming. The $3.3 billion used to support the prices didn't serve the well-being of American agriculture, since our farmers are worse off now than before when compared to the rest of the economy, and the American taxpayer certainly didn't benefit, since he assumed the extra burden of buying these same products on the domestic scene in order to keep our whole agricultural economy from collapsing. Taking this a step further, with imports increasing and the f arm- er's income depressed, one would expect that the consumer would somehow be the beneficiary of the price-depressing imports. But the price `of food went up anyway, along with all other commodities in the Consumer Price Index. When 19~0 began, the Consumer Price Index was at 101.5. When 1967 ended, however, the Consumer Price Index was at 118.2, an increase of 16.7 points. Food prices went right along, increasing 15.9 points on the Consumer Price Index scale dur- ing the same period. The upward spiral, has continued during the first five months of 1968. The consumer, or taxpayer, not `only paid more for what he bought, but he also paid the $3.3-billion tax burden on top of it, caused by the price-depressing agricultural imports. Mr. Chairman, it also disturbs me to hear people point with such pride at the contribution `being made by American agriculture to lower the U.S. balance-of-payments deficit while at the same time supporting programs that endanger the very existence of American agriculture. I am certainly happy that our total agricultural dollar earnings were greater than our agricultural dollar expenditures so that we contributed over $3.7 billion to the plus side of the balance- of-payments ledger from 1960 through 1967. But this was done by sacrificing a fair price for the American farmer. During the same period of years, the total U.S. balance of payments experienced a deficit of over $20 billion, even with the plus help of agricultural trade. These deficits, along with the deficit-caused inflationary trends at home, merely added to the woes of U.S. farmers and rural America by devaluing the dollar, tightening the cost-price squeeze that threat- ens to make the American farmer an extinct specie. PAGENO="0505" 4945 This is fiscal folly at its worst. Even while the balance-of-payments ledger has shown deficits, there are those who have still pointed with pride that our overall merchan- dise trade for dollars has been on the plus side, with exports exceed- ing imports. But even this argument is no longer holdmg water. It was sad to learn that this Nation suffered its first merchandise trade deficit in 5 years during the month `of March. The reversal was re- peated in May. Many of us have been concerned that this would even- tually happen, and thus have warned through the years that un- controlled or unfair import policies might lead not only to such a deficit, but also to unfair hardships on American businesses. I have had various bills `before the Congress during the past 10 years relatmg to international trade and imports, and have a number of them before this committee right now. One is H.R. 17329, the fair international trade bill, `based on the idea of sharing the domestic market with imports and allowing such imports to grow as domestic consumption of the product grows, but not allowing them to take over our market at will, driving the competing domestic industry to the wall. The bill would apply to a number of industries in my native Minnesota, such as the iron ore industry, the makers `of building materials such as hardboard, and many other concerns that have experienced hardship due to the disproportionate growth of imports compared with do- mestic consumption. But I am attempting to confine these remarks to agriculture, and I also have a number of bills before this committee relative `thereto. DAIRY IMPORTS One of my specific concerns over the past number of years has been the steady rise in dairy imports, and I have made public statements to that effect from time to time, including introduction of my dairy import control bill. I recall a statement I submitted to the U.S. Tariff Commission over 4 years ago. I paid particular attention to the subject of dairy imports because many of us saw a situation developing that was not in the best interest.s of the American dairy industry or the American con- sumer. Cream imports had been increasing, and 11 was urging the tightening of section 22 provisions. It was recalled at that time that since the imposition of initial import quotas on dairy products pro- darned by the President in 1953, there were many instances where im- porters, in effect, were able to avoid import quotas on dairy products. Many of us could see the problems ahead for the U.S. `dairy industry as the result of imports and the failure to use section 22 as an effective tool in protecting our own policies. Thousands of our farmers have been forced out of business, and foreign suppliers continue to bypass our quota system by many devious methods such as repackaging, slic- ing their products into different shapes and sizes, changing butterfat content, and the like. On June 10 of this year, the day these hearings opened, the Presi- dent imposed temporary import quota~s on condensed and evaporated milk and cream and called for a Tariff Commission investigation into the need for import quotas on those products plus others such as chocolate milk crumb, butterfat-sugar mixtures in retail packages, and most types of cow's milk cheese. The reason for this belated action is clear. Our laws do not properly provide for the limitation of agri- cultural products that are hurting our own producers. This latest action PAGENO="0506" 4946 by the President follows action last year of a similar nature. It was all intended to plug t.he loopholes through which foreign producers bypass our quotas. But the evasive tactics will undoubtedly continue. MEAT, MINK, AND HONEY Our dairy industry does not stand alone in the path of threatened imports. Our cattle raisers have felt the pinch throughout much of the sixties, as European and other countries closed the doors on beef through rigid quota systems and variable import levies. In 1960 we received 512 million pounds of imported beef, according to the Ag- riculture Secretary's testimony before this committee. But in fiscal 1967 we imported over 1.2 billion pounds of beef, even though the meat import law of 1964 was enacted. Our controls still do not nearly match those imposed by other nations. The American mink industry is another example of what has hap- pened on the farm and ranch scene as imports rose to such a level as to damage a domestic market. Through the years the mink industry, like other farmers, invested its own money to create a market for its product, only to see their effort usurped by foreign suppliers who then got on the band wagon at the expense of our own farmers. Mink ranchers across the Nation lost nearly $40 million on the 1966 crops, due to the greatly reduced average prices at the auction houses. This had a great economic effect on an industry that normally has a return of some $160 million annually. There has been a sustained up- ward trend in U.S. imports of mink fur skins that began back in the late 1940s. In recent years, imports have averaged 53 percent of the U.S. consumption. The recent Tariff Commission report on the U.S. mink industry shows conclusively that rising foreign imports of mink fur skins `have seriously depressed prices in the United States, forcing our ranchers to the brink of bankruptcy, but unfortunately, the Tariff Commission all but ignored the imports in its conclusions. Similar problems exist on other agricultural commodities, includ- ing honey. Many of these problems have been brought to your atten- tion by others who have appeared before this committee. IMPORT CONTROLS, OURS AND THEIRS Mr. Chairman, the pendulum has swung entirely too far in the direc- tion that offers little or no protection for American agricultural prod- ucts while foreign nations offer `a host of protectionist devices to control our exports. We have consistently relaxed controls over com- petitive imports over the years while other nations have imposed not only tariffs but all kinds of nontariff barriers such as quotas, licensing systems, variable import fees and the like. Other countries just don't buy anything they don't need. We have never learned this simple lesson. The Secretary of Agriculture in his June 10 testimony before this committee inadvertently admitted this premise. In discussing the ac- tion to invoke section 22 last year on dairy products, he said: I use the word "evasions" because the supplying countries were sending us products, such as butter in the form of butterfat/sugar mixtures, in circum- vention of then existing controls. This butter could not have gone to other poten- tial markets, such as Japan, or the United Kingdom, or Canada; they had tight controls on imported butter. It came to the United States. PAGENO="0507" 4947 That's exactly what we are trying to say in our various import- control bills before this committee. We are saying that we, as the Sec- retary says, are striking "a blow against foreign protectionism." Yet, we are not suggesting a return to complete protectionism at home in retaliation. The essence of my legislation before this committee is to effectively fight foreign protectionism. I am really saying that trade ought to be encouraged and expanded, but not entirely at the expense of the American economy, particularly the American agricultural economy. I am not `suggesting `that the foreign producer be cut off entirely. In fact, under my proposals, he will fare fairly well, fully participating in the growth of the American market. Mr. HERLONG. Any questions? If not, then, thank you, Mr. Langen, for sharing your views with us today. Our colleague from Wisconsin, Mr. Vernon Thomson, is our next witness. Please proceed as you see fit, sir. STATEMENT OP HON. VERNON THOMSON, A REPRESENTATIVE IN CONG~RESS PROM THE STATE OP WISCONSIN Mr. THo~rsoN. Mr. Chairman and members of this distinguished committee, I appreciate very much the opportunity to present this statement in regard to the very serious problems facing our domestic agricultural economy as a result of current import and export policies. I also want to express my appreciation to the committee and to you, Mr. Chairman, for devoting your time and energy to these very diffi- cult and complex problems. Certainly all of us `who have experienced the difficulty and the corn- plexi'ty that seems mate in any import legislation recognize the facts of international economic and trade policy. None of us are, I believe, blind to the advantages of mutually beneficial trade with friendly nations `throughout the world or to the necessity for providing a truly reciprocal market in the United States for the goods and services of our world neighbors. Yet that arrangement must truly be reciprocal if the U.S. economy in general, and our `agricultural economy in particular, is going to survive and prosper. Unfortunately in recent times the reciprocity upon which many of our trade agreements have been based has become illusory. We have seen our access to large agricultural markets in Europe shrink. Even our concessional sales have dropped. For example let me qu'ote from House Report No. 1297, 90th Con- gress, as `submitted to the House on April 23, 1968, by the `Committee on Agriculture when it approved H.R. 16165, a `bill to `extend and `amend Public Law 83-480. AGRICULTURAL EXPORTS' During 1967 commercial exports dropped $468 million below 1966. (See table 3.) The committee is concerned about this decline, and the decline in governmental sponsored exports as well, which caused our total exports to drop from $6,881 billion in 1966 to $6.386 billion in 1967. (See table 3.) A `high level of agricultural exports is an `absolute necessity for the maintenance of a `strong domestic farm economy. The committee, of course, hopes that this recent decline will `be of a temporary n'ature, but feels that it is a situation which demands continuing attention by the Congress. The appropriate table which documents this statement is as follows: PAGENO="0508" 4948 ==~~ ~. ~ coc 0 = ~ co ~ >- C - C C, CC) 0 0 C)' ~ (~) o >( o - = = C,Oo ~- C) ~ CC) 0 o CC) C, = E.9~E2~ - O~ ````C, = -~ E C. ```C,,, -~ -D `C,',, 0) ~ ~ ~or- r~r-. 0)00 0)- 0-4 0)00 ~ 0) o E C,, ~ C,) ~ C) -~ C.) ,``,,,`,,,,`,,., = 0) C0 0) o ~ ::::::~:::~ ~ 0~ ::::~:::::H~ ~ 0 ~ ~ I ~ -~`::~~ .~ C ~ooo~.00 cC) 0).~ 0-4 0C)~ ~C)0b0~ ~ PAGENO="0509" 4949 Furthermore, I would like to submit, for the record of these hear- ings, a news article summarizing the general trade picture which appeared in this week's New York Journal of Commerce, entitled "Import Acceptances TJpTo Peak Level in May." (The article referred to follows:) [From the Journal of Commerce, Wednesday, June 19, 19681 IMPORT ACCEPTANCES U~ To PEAK LEVEL IN MAY (By Ed Tyng) Bankers acceptance to finance TJ.S. import trade last month rose for the fourth month in a row to an all-time record of $1,266 million, up $38 million, while bills to finance U. S. export trade declined by a further $19 million to $1,007 million, lowest of the year. The figures `suggested a further deterioration in U.S. foreign trade positions, since acceptance financing usually foreshadows future exports and imports. The acceptance figures, issued by the Federal Reserve Bank of New York yes- terday, revealed that total acceptance financing volume last month declined $70 million to a total of $4,359 miffion. STORAGE BILLS DECLINE Aside from the decline in acceptances to finance u.S. exports, a major factor in the May decline in bill volume was a drop of $49 million to $1,992 million in acceptances created to finance goods stored in or shipped between foreign coun- tries. This was the largest decline in all categories of bills. Acceptances to finance the domestic storage of readily marketable commodi- ties dropped to $39 million to an almost nominal figure of $69 million. This re- flected a runoff of bills financing cotton storage and offset an increase of a similar amount recorded last December. BANKS 5ELL BILLS The Federal Reserve monthly statistics on acceptance volume also revealed that banks which do the "accepting" of these foreign trade instruments reduced their holdings of bills in May by $154 million. This was an unusually large amount, making a total of $1,624 million, which was 7 per cent of all acceptances outstanding and which compared with bank holdings equal to 34 per cent of the total supply in May of last year and 40 per cent in April of this year. At that time when holdings were $1,778,071,000 or 40 per cent of all outstandings. Banks usually sell acceptances when faced with increased demand for loans. During the past month, the New York Fed reported, dealers in acceptances raised their yield rates on such bills by one-eighth of a percentage point to 6~ per cent bid, 6 per cent asked, which was the net result of five successive rate changes. During the current month they lowered their rates by one-eighth of 1 per cent but rescinded this reduction on June 12. Dealers since have been playing the market by ear and have made changes in relation to their portfolios of ac- ceptances, which lately have fluctuated around $200 million. Mr. THOMSON. Yes, Mr. Chairman, our agricultural exports dropped nearly a half billion dollars in 1967. This is a most disturbing fact, particularly when it is coupled with the rising volume of agricultural imports. In the July 1968 publication of the U.S. Department of Agriculture entitled "Foreign Agricultural Trade of the United States," there appears a thorough discussion of our import-export picture at the present time. This report shows, for example, that U.S. agricultural exports to a number of Communist States of Europe dropped in 1967 (Czecho- slovakia, Hungary, Rumania, and the U.S.S.R.). Yet imports from Bulgaria, Czechoslovakia, Hungary, Poland, Ru- mania, and Russia all increased. PAGENO="0510" 4950 In all, U.S. farm exports to these Communist States declined to $109 million in 1967 from $137 million the previous year. At the same time imports from these same nations increased from $49 million in 196~ to $60 million in 1967. This same report; (p. 34) gives this assessment of the overall agri- cultural trade picture for 1967: U.S. exports of agricultural products in 1967 totaled $6.4 billion, 10 percent below those of a year earlier. Agricultural imports also fell slightly to $4.5 billion. Thus `the United States had a favorable balance of exports of agricul- tural products over imports by $1.9 billion in 1967, compared with $2.4 billion in 1966. Put another way, Mr. Chairman, during 1967 our farm exports dropped about half a billion dollars, our imports stayed about the same, and the result was a further half-billion-dollar blow to our shaky balance-of-payments position. What about the most recent trends? This same report highlights the July 1967 to April 1968 period and makes these points: Total U.S. farm exports down 6 percent from the same period a year earlier. Also: Exports of animals and animal products, down 13 percent; exports of cotton, down 14 percent; exports of fruits and vegetables, down 7 percent; exports of grains, down 4 percent; exports of wheat. and flour, down 1 percent; exports of oilseeds and products, down slightly; and exports of tobacco, down 12 percent. Total exports to the European Common Market (EEC), down ~ percent. WHAT ABOUT IMPORTS? During this same July 1967 to April 1968 period, here's what's been happening to imports: Total agricultural imports, up 2 percent, with principal increases in meat, cotton, fruits, nuts, copra, sugar, tobacco, vegetables, and wines. In brief, Mr. Chairman, the overall picture at the present time is not a pretty one-with exports down and going down further, and with imports up and going up further, the American farmer is caught in a vicious economic scissors. Farmers in my district in southwestern Wisconsin are particularly hurt by using imports of the "three M's"-milk, meat, and mink. I know you have received and will receive a great deal more informa- tion on these commodities so I shall not burden you with any further statistical material. I do, however, want to leave you with these thoughts. How can American agriculture survive in an economic atmosphere of declining exports and increasing imports? What has gone wrong in practice with the theory of "recil?rOCal trade" when we see an increase in imports from the Communist States of Eastern Europe and no compara~bie trade balance (much less any political concessions) for our Nation? Isn't this the time to afford our dometsic agricultural economy some legislative relief, the only means at our disposal? Thank you. Mr. HERLONG. We appreciate your thoughts on this matter Mr. Thomson, and we thank you. PAGENO="0511" 4951 Mr. THOMSON. Thank you, Mr. Chairman. Mr. HERLONG. The next witnesses are the representatives of the Florida Fruit and Vegetable Association. I am happy to welcome them here. Our distinguished colleague, Paul Rogers, is here with them. Paul, would you like to present these gentlemen, who are all personal friends of mine and some of them former constituents. STATEMENT OP HON. PAUL G. ROGERS, A REPRESENTATIVE IN CONGRESS PROM THE STATE OP FLORIDA Mr. ROGERS. Thank you, Mr. Chairman. I won't take that honor away from you. I know you would like to say something kind about these gentlemen as I would too. I did want to appear and ask permis- sion to file a statement of more detail. We do have a very serious pr~blem, as you know, in Florida. I think this committee is well aware of it. These gentlemen have come to tell you the story. I won't preempt them in their statements. A distinguished representative, Mr. Rutledge, from the Florida Citrus Mutual, will be here also to back up their testimony. We hope this committee will give serious consideration to the prthlem we face on the importation of vegetables and fruits. We must have some relief, and of course we have great confidence in this committee and I am sure that after hearing the testimony you will be able to recommend legislation to the Congress to help bring about relief. We are very grateful to you for taking up this subject. Mr. HERLONG. Thank you, Mr. Rogers, and your detailed statement will appear following the statement of these gentlemen in the record. (Seep. 4980.) Mr. ROGERS. Thank you. Mr. HERLONG. As I understand, Mr. J. Abney Cox, past president and the chairman of the Competition and Marketing Agreements Com- mittee of the Florida Fruit & Vegetable Association, will testify first followed by Mr. Buford Council and then Mr. Peters will give us a wrap-up of the testimony. Mr. Cox, if you will identify yourself for the record and proceed we will appreciate it. STATEMENTS OP J. ABNEY COX, PAST PRESIDENT AND CHAIRMAN, COMPETITION AND MARKETING AGREEMENTS COMMITTEE, FLORIDA FRUIT & VEGETABLE ASSOCIATION; ACCOMPANIED BY BUPORD W. COUNCIL, CHAIRMAN, TOMATO COMMITTEE, AND IOHN S. PETERS, MANAGER, MEMBERSHIP AND INDUSTRY RELA- TIONS DIVISION Mr. Cox. Thank you, Mr. Chairman and members of the committee. My name is J. Abney Cox of Princeton, Fla. I am a farmer, past president of the Florida Fruit & Vegetable Association, and current chairman of the Competition and Marketing Agreements Committee of that association. PAGENO="0512" 4952 REASON FOR APPEARANCE As chairman of the association's committee I have just mentioned, I have heard an increasing number of complaints from many growers and other organizations whose producers of fruits and vegetables ~re being adversely affected by the mounting imports of these commodities from low-wage countries. The American farmers who are being hurt, pay American wages to American workers, and support our Government and our economy. Our farmers find it increasingly difficult to continue to do so in compe- tition with unregulated imports of the nature I have just described. This is evidenced by the sharp decline in Florida winter produc- tion of several crops, such as tomatoes and strawberries during the past 2 years. FLORIDA WINTER PRODUCTION OF TOMATOES AND Harvested acres Total pro- duction Tomatoes: 1965 1966 1967 Strawberries: 1965 1966 1967 21,900 19,100 17,800 3, 200 2,300 2,000 `9,273 `8,595 `8,453 2 2, 903 22,042 21,717 `1,000 40-lb. crates. 2 1,000 flats. Source: Florida Agricultural Statistics Vegetable Summary 1967. I formerly grew tomatoes, limes, and avocados as well as some other vegetables in south Florida and employed approximately 375 workers. Now I employ about 75 workers and only grow potatoes, a crop which is highly mechanized and not so vulnerable to foreign competition as are other fruit and vegetable crops which have and will continue to have higher manpower requirements for production and harvesting. SOURCE AND NATURE OF PROBLEM Some years ago the principal foreign competition threat to our fruit and vegetable industries came largely from two countries-Cuba and Mexico. Cuba was one of our most favored nations and the recipient of all the benefits of our liberal trade policies. It went Communist. Since 1955, the total U.S. fresh vegetable imports from Mexico have increased fivefold and are continuing to increase at an even more alarming rate. Imports of some of the fruits from that country which compete with our own domestic production are also not far behind in this trend. Florida, together with other traditionally winter production areas of the United States, has the capacity to supply the needs of our Nation for the fruits and vegetables on which we are now experiencing this foreign competition. We cannot, however, use this capacity since much of our capital and teclrnology is moving to these countries where wages and taxes are lower. Mexico, which is responsible for about 80 percent of this problem, is not a member of GATT (General Agreement on Tariffs and Trade), PAGENO="0513" 4953 and is not bashful about placing whatever restrictions it wants to on its imports. Unregulated foreign imports *of perishable agricultural commod.. ities in direct competition with American producers create over-supply and disorderly marketing, which benefit no one. NEED FOR LEGISLATIVE ACTION The general statement filed by Florida Fruit & Vegetable Associa- tion goes to quite some length in explaining the need for legislative action that will place quantitative regulations on such foreign imports of fruits, and vegetables in a manner that will provide for more or- derly marketing pf `both the foreign and domestic crops which are competing with each other. I will, therefore, close my statement by saying that I am very much in favor of H.R. 16416, introduced by Congressmen A. Sydney Her- long, Jr., and Paul Rogers; 11.11. 16992, an identical bill by Congress- man J. Herbert Burke; and other similar legislation which has `or may be introduced. These bills will provide access to the U.S. market for foreign- produced fresh fruit's an'd vegetables on an equitable, and orderly market-sharing basis consistent with the maintenance of a strong and expanding U.S. production, and are designed to avoid `the disruption of the domestic market and unemployment of domestic workers. Certainly, this type of `legislation would no't offend our good "trading partners," and at the same time would satisfy our American farmers who are quite `offended, to say the least, by the current course of events. Thank you, Mr. Chairman and members of the committee, for the opportunity of expressing my views at this `hearing. (Mr. Cox's prepared statement follows:) A STATEMENT ON THE VIEWS OF THE FRUIT AND VEGETABLE INDUSTRY OF FLORIDA, SUBMITTED BY FLORIDA FRUIT & VEGETABLE ASSOCIATION The purpose of this statement, prepared by the Florida Fruit & Vegetable Association, 4401 East Colonial Drive, Orlando, Florida, a trade association representing growers who prdo'uee more than a majority of the fruit and vegetables grown in the `State of Florida, is to `submit the views of th'e Florida Fruit and Vegetable Industry concerning the balance of trade between the United States and foreign nations. PREFAOE There is a great need for a new U.S. foreign trade po'liey that is reasonable, fair and dynamic. It must not be based on the selfish aspirations of any particular area or industry but, instead, must serve t'o protect the j'~bs of all American's whose source of livelihood is removed or threatened by foreign competition. For many years, the Nation has been experimenting with the strange phi- losophy of inviting progressively greater volumes of assorted alien commodities to be marketed in this country, irrespective of their effect on thi's Nation's employment situation and irrespective of Our balance-of~payments position. The free trade doetrinaires have prevailed because they have been able-through the masquetade of promise and Concession-to divide i'n~dustry against md ustry and section against section e'a'ch time that opportunity for enactment o'f sensible `trade legislation is ia the making. As a consequence, steadily increasing imports have forced domestic producers out of business, taking a steady toll of jobs all across the country, which, in turn, has stunted the growth of new manufacturing and processing businesses that otherwise would hold great potential in communities where unemployment 9a-159-o8-----pt. 1O-3'3 PAGENO="0514" 4954 now abounds. For the sake of this country's present and future economy, a sane foreign trade policy is imperative. It is hoped that this Committee will receive testimony from the representa- tives of all industries detrimentally affected by import competition. Not only agriculture but the coal, domestic petroleum, steel, machine, tool, glass, pottery and the multitude of other industries suffering under the imjYact of cheap foreign competition must unite together if the situation is to be eorr~cted. fRecent tariffs are not sufficient to protect American industry in many in- stances. The United States is the greabest nation in the world, even with all of its foreign *give~away programs. However, it is time th~t con~sideration be given to the American producer. The Florida fruit and vegetable producers cannot compete with imports from countries that have very low wage rates. Unfortunately, the producer cannot operate on a deficit budget, like the Fed- eral Government. He must pay his debts. In order to pay his debts, be must be able to sell his products at a profit. He needs your help in im~plementing an import quota or marketing sharing program that will assure him of a market for his commod;iti~s. INTRODUCTION In December 196~3, witnesses representing the Florida Fruit & Vegetable Assok~iation, Florida Vegetable Oanners Association, the University of F1orid~ atid the Florida Department of Agriculture appeared before the Tariff Corn- mission requesting that a number of fruit and vegetable commodities be re- nioved from the list of negotiable items to be considered in the So-Oalled Ken- nedy Round. Thase statements contained facts and figures of the impact that these various commodities were experiencing due to excessive imports from low- wage foreign countries. At that time, it appotred that a status quo on the present tariff structure would supply the Florida producer with adequate protection to compote with our friendly neighbors to the south. Our efforts were successful to a large degree and the tariffs were reduced on only a few of the fruit and veg~tahle ~ommodities. Since that time, production coSts have increased sharply each year and the agricultural picture has changed rapidly in some of the com- peting countries, primarily Mexico and the Caribbean. The Florida producers now find that the present tariffs are inadequate and consideration should be given to some type of import quota or market-sharing program. Current policies of the Federal Government seem to be inconsistent and therefore place the agricultural producer in an impossible position. On the one band, every attempt seems to be to force the producer to increase his production costs. This phase includes the imposition of higher wages and taxes, stricter laws and administrative policies concerning labor, the payment of more and more welfare and unemployment-which depletes the available work force- and the position taken by the Department of Labor preventing the use of off- shore or bracero workers for harvest purposes. On the other band, attempts are being made to reduce or remove present duties and tariffs, forcing the American producer to compete with foreign countries which have sub-standard levels of living as compared with the United States. In many cases, this will and has forced the American producer to select between two alternatives: He can go out of business or be can take his capital and go to a foreign country and produce his products for export to the United States. (See Appendix No. 2.) Either alternative is undesirable. If he stops producing, the United States could rapidly lose its position as the best-fed nation in the world and citizens could actually starve to death in the "land of plenty." If the American capital is used in other countries, the many people who depend on agriculture for their livelihood will be out of employment, not to mention the serious effects this would have on our balance of payments, or the fact that in due course of time, the American people's dependence on many important food items would be at the mercy of the frivolities or caprice of foreign governments. Cheap labor and relief from high taxes will lure American producers to foreign countries if imports continue to increase from countries that have sub- standard levels of living as compared to the United States. The technological advantages that prevailed in the United States in past years is quickly dimin- ishing, largely due to educational programs sponsored or supported by our own Government, not to mention the United States capital and technicians that have been sent abroad. It is the opinion of the Florida Fruit & Vegetable producer that H.R. 16416, the "Fresh Fruits and Vegetables Market-Sharing Act of 1968," will go a long way toward correcting some of the inequities of foreign competition. This PAGENO="0515" 4955 permits a market-sharing arrangement with other countries. They are allowed to export products to the United States and at the same time the American producer is assured of a share of the market for his commodity. The ultimate goal of this legislation is to assure the American producer of a chance to market his product-which increases the demand for labor-and stimulates the economy. What's wrong with this? NATURE OF FLORIDA AGRICULTURE Florida has a diversified agriculture, including the production of a wide variety of fruit and vegetable crops as well as livestock and sugar cane. In recent years, Florida has become known as "the Nation's Winter Vegetable Bowl," as well as the Nation's Citrus Center, since there are several months of each year, during which Florida is the sole domestic supplier of winter vegetables. It is important to realize that vegetable and fruit producers in Florida claim a share of the produce market in the United States solely because of Florida's geographical location. During any period or season when vegetables can be produced in abundance in areas to the north of Florida, it rapidly becomes unprofitable to produce com- mercial vegetables in Florida. Our farmers, therefore, find themselves with productive seasons based on the climatical limitations of other areas within the United States. To permit an increasing volume of foreign fruits and vegeta- bles to be imported could eliminate the only prodwitive period available to Florida producers and, in turn, cause many people to become unemployed. A large majority of them are unskilled and would experience difficulty in obtaining other employment. The production and marketing costs for our products are relatively high and the risks which include weather hazards are great. Labor is the largest single cost item involved in producing and marketing our crops. Obtaining an adequate supply of capable harvest labor and meeting competition of imports from foreign countries who have an abundance of cheap labor have rapidly become the two greatest problems facing most producers. The availa bility of cheap labor has encouraged foreign producers, primarily producers in Mexico to ship more produce into this country. In July 1966, the Foreign Agricultural Service of the United States Department of Agriculture published a "Survey of Mexican Vegetable and Melon Produc- tion," which contained statistical data concerning United States imports of win- ter vegetables from Mexico for 1963-64, 1964-65 and for the period December 1965-April 1966. This information has been updated by the Foreign Agricultural Service-Fruit and Vegetable Division-to complete the 1965-60 season and also includes the 1900-67 season. (See Appendix No. 1.) This data reflects the tonnage of beans, cucumbers, eggplant, melons, onions, peas, peppers, squash and toma- toes brought into the United States during the winter season in direct competi- tion with Florida producers. This report shows that for the period December 1963-July 1004, the United States imported 517,650,000 pounds of the above commodities. The following season, for the period December 1964-July 1965-a period in which virtually no foreign workers were authorized for the harvest of commodities grown in the United States-and a period when many millions of dollars of crops were aban- doned in the United States because of labor shortages as well as economic pres- sures-the total volume of these commodities imported from Mexico increased to 585,780,000 pounds. The data for the 1965-66 season shows imports of 668,580,000 pounds and 1966-67 climbs to 713,050,000 pounds. It is interesting to note that in only four years time the total imports of the above listed commodities have increased 195,400,000 pounds, or thirty-eight percent (38%), while total production in Florida of these same commodities has remained constant or decreased slightly. Mexican strawberry production continued its sharp upward trend in 1965-06 with output estimated at 55,000 short tons, compared with 42,000 in 1964-65. A new record has been set each year since 1958. (See Appendix No; 3.) Mexican citrus plantings are expanding at an alarming rate. (See Appendix No. 4.) Production for 1065-66 was about 25 million boxes with an increase of more than 100 percent expected within the next five years. Imports of limes have been rather constant for the last five years; however, mango production has increased rapidly since 1961. (See Appendix No. 5.) The importation of these two commodities along with avocados from the Caribbean areas presents a serious problem. PAGENO="0516" 4956 Domestic producers and shippers are subjected to high 1a~oi~ cdsts, including workman's compensation, social security, and other prevailing benefits for laborers which are costly and frequently nonexistent in foreign countries. These items have a "multiplier" effect upon high wages in the United States while for- eign countries compete for the most part free of these obligations and with frac- tional wage levels as compared to our own. It is unreasonable to impose on the domestic producer fixed and escalating labor costs created mainly by govern- mental authority without the benefit of some protection against foreign imports. The American producers and laborers are certain to be the victims of such an inconsistent policy. ECONOMIC SIGNIFICANCE OF FLORIDA AGRiCULTURE Florida's agriculture brings in market receipts of more than one billion dollars per year to agriculture producers. If you consider the total agri-business com- plex, it amounts to more than 4.5 billion dollars annually, which far surpasses tourism, the State's supposedly number one commodity. Thousands of jobs are treated by the production, processing, handling and marketing of Florida agri- cultural products, and this employment figure is multiplied by agri-business firms dealing in services and supplies. Florida's total agricultural picture includes a citrus crop which provides more than 75 percent of the total United States consumption; winter vegetable sup- plies which are vital to the Nation's health and economy; important dairy, beef cattle, poultry and egg industries; producers of field crops and nursery products; a large number of producers of tropical fruits and plants; a dynamic sugar cane industry; as well as other important agricultural industries. Efficient vegetable production in Florida depends upon a more or less con- tinuous operation during the fall, winter and spring seasons with the tropical fruit industry taking up the slack in the summer. Each season or period is an integral and vital factor in the over-all vegetable operation within the State as there is an interdependence of one season upon the other for labor, equipment, marketing specialists and efficient farm operators. If you remove or weaken one season or period in Florida by creating a situation that encourages imports of certain commodities which, in turn, limits our production, it has a direct bearing and influence on the activity and success of the preceding, as well as the succeed- ing, season, the effects being clearly reflected in employment and levels of earnings. IMPORTANCE OF TARIFF PROTECTEON TO FLORIDA CROPS Practically all of Florida's agricultural commodities currently have some tariff protection, although the tariff in most cases is not high enough to provide ade- quate protection. Tariff protection is vital to Florida producers and any further lowering of tariff rates would encourage a greater influx of foreign products which are already undermining the marketing picture at the expense of Florida producers. If further tariff reductions are forthcoming, they should be contingent upon import quotas or some other type of market-sharing program. To reduce or remove tariffs on fruit and vegetable commodities imported from Mexico and the Caribbean would certainly undermine and possibly destroy Florida's leading industry. Unlike agricultural producers in many states, Florida producers have relied very little on Federal assistance in the form of price supports. Instead, the various commodity groups have organized within each specialty field and have raised money from their own ranks to actively expand markets and promote the consumption of their products. These groups have spent large sums of money on advertising and promotional material. Continued foreign imports at present levels undoubtedly will disrupt market channels recently created as a result of these promotional activities. Several commodity groups have used State and Federal marketing agreements or orders as an effective tool in stabilizing the market. In all cases, attempts were made to satisfy the needs of the consumer as well as to assure the producer of a fair price for a quality product. The costs of these programs have been paid entirely by the private groups involved. Continued heavy influx of imports will destroy these successful programs, creating in many cases chaos which could lead to heavy unemployment and abandonment of farming operations by many producers. PAGENO="0517" 4957 We urge the Ways and Means Committee to make recommendations that will consider any future tariff changes on an item-by-item basis. It is difficult to consider perishables with non-perishables, and in many cases, you create prob- lems by lumping all perishables together. For instance, tomatoes and cucumbers are both perishable vegetables but they must be considered separately. PROTECTION IN ADDITION TO TARIFFS There is a definite need for some type of control other than the present tariff structure. The value of fresh winter vegetables and melons imported from Mexico into the United States has increased rapidly since 1960. (See Appendix No. 1.) The present tariff rates are not sufficient to protect the domestic producer. Mexican vegetables and melons produced for export to the United States come mainly from the West Coast, where they have been grown for a number of years. Principally involved are areas in the States of Sonora and Sinaloa as far south as Cullacan. Output of tomatoes, the main vegetable grown, has been gradually moving upward and, in recent years, has decidedly shifted to the stake-grown vine-ripened product. Mexican production continues to increase in other production areas with expansion in crops other than tomatoes. A sharp upward trend has taken place in acreage and production of both cantaloupes and watermelons, while cucumber production is also expected to expand in the next few years. With attempts by Yucatan to produce winter vegetables for export, a new area has been added. The potential increases in citrus, strawberries and tropical fruits have already been pointed out by Appendices Nos. 2,3,4 and 5. Even with the present tariffs, we caimot remain competitive with some of the foreign competition we are receiving today. For instance, the average prevail- ing wage for farm labor in Mexico is approximately $1.56 per day, or $9.36 per six-day week. This compares with an average national farm wage rate of $65.00 per week for July 1967, according to the Statistical Reporting Service of the Department of Agriculture, and it should be borne in mind that this American farm wage rate reflects the earnings of hired workers who work an average of only 32.4 hours. Additionally, foreign employers are not required to carry insurance or supply many more of the so-called fringe benefits that are now considered normal operating procedure in the United States. Broader means of controls must be considered if agriculture is to maintain its economic contribution to Florida. The controls needed cannot be implemented administratively since represent- atives from the Foreign Agriculture Service have informed the Florida Fruit & Vegetable Association that present legislation, such as Section 22 of the Agricultural Adjustment Act and Section 8E of the Agricultural Marketing Agreement Act, are no longer adequate to assist the farmer in many, many cases. Their phrase "no longer adequate" to assist the farmer is rather amusing. If you read the findings and recommendations under the so-called "escape clauses," you will see that they never were "adequate" to assist the farmer. The free trade advocate continually preaches that there are adequate "escape clauses" to protect the American producer from unfair competition. This is a farce. Anyone interested in seeing just how badly the American producer has been "sold down the drain" should find the following publications quite interesting reading: (1) Investigations under Section 332 of the Tariff Act of 1930 (covers 1/1/52 to 7/1/63) TO Publication 97 (2) Investigations Under Section 336 of the Tariff Act of 1930 (covers 1/1/46 to 8/1/63) TC Publication 105 (3) Investigations Under Section 22 of the Agricultural Adjustment Act (all investigations to 5/1/68) TO Publication 246 (4) Investigations Under the Escape Clause of Trade Agreements (1951 to 10/11/62) TO Publication 116 (5) Summary of Investigations Under Section 301 of the Trade Expan- sion Act of 1962. Dated Dec. 1967. Copies of the above listed publications can be obtained from Mr. Donn N. Bent, Secretary, U.S. Tariff Commission, Washington, D.C. 20436. We urge that favorable consideration be given to legislation designed to regu- late the flow-to-market of goods from foreign countries by use of import quotas, PAGENO="0518" 4958 etc. Strong consideration should be given to legislation that will provide for import quotas or market-sharing arrangements that will protect the American producer and consumer. The end result should not be designed to gouge the consumer, but should be designed to assure the American housewife of an ade- quate supply of fruits and vegetables at a reasonable price and give the American producer the right to supply these commodities during our seasons of production. H.R. 16416 "FRESH FRUITS AND VEGETABLES MARKET-SHARING ACT OF 1968" The Florida Fruit & Vegetable Association sincerely feels that H.R. 16416 introduced by Representatives Herlong and Rogers of Florida is legislation that will not only aid the agri-business of our Nation, hut will also protect the con- sumers' welfare. This legislation marks a shift away from rigid protection of domestic industry by recognizing the claim of foreign countries to a fair share of our market. The bill is designed to establish a ceiling over imports while per- mitting them to participate proportionately in the domestic consumption of any product made subject to a ceiling. The authority of the President under the Agricultural Act of 1956 to seek to obtain agreements with other countries-limiting the export from such countries and the importation into the United States of agricultural commodities-has not been exercised with respect to fresh fruits and vegetables. During the taterven- ing years, imports of certain fresh fruits and vegetables into the United States have increased to such extent as to disrupt the market for such commodities produced in the United States. This increase in imports has been caused in large part by lower costs of production in other countries, especially in the wages paid to agricultural employees, which it is the policy of the United States to main- tain at relatively much higher levels than in other countries. Because of this unfair disparity in costs of production which exists in other countries by reason of the payment of substandard wages, it is practically certain that imports of fresh fruits and vegetables will continue to increase and further destroy the market for such commodities produced in the United States. Access to the United States market for foreign produced fresh fruits and vege- tables should be established on an equitable and orderly market-sharing basis consistent with the maintenance of a strong and expanding United States pro- duction of fresh fruits and vegetables and designed to avoid the disruption of United States markets and the unemployment of United States agricultural workers. The Association is aware of the fact that in order to export we must import; however, it does not follow that we must submit our industries to highly destruc- tive imports. The United States is a better market for imports when it is in a prosperous state. A good marketing situation is not created by driving some of our major industries to stagnation by unrestricted imports that undersell our own producers. The standard of living enjoyed by citizens of the United States did not come about by accident. Our economy is geared to high wages, etc., but the chain is broken when you force the American producer to pay high wages and then bring in goods produced in low-wage countries to compete with his commodity on the open market. We have aided the foreign countries by supplying them with technology and education. The Provost for Agriculture of the Institute of Food & Agricultural Sciences at the University of Florida stated recently that at the last count there are students from 45 nations studying agriculture at the University of Florida, and most of them are sponsored or subsidized by our own Government. Many professors from the University of Florida have been sent to foreign lands, again at the expense of our Government, to teach proper methods of produetion and marketing of their commodities. This is fine if the intent is to train them so they can provide some of their own needs in terms of meeting their particular food requirements. But this is not the case. As soon as produc- tion methods are learned, they turn around and flood our markets with the commodities we taught them how to produce. We are hopeful that this Committee will be able to come forth with recom- mendations that will provide the necessary protection to our producers and to the employees whose livelihood is dependent upon industries which are vul nerable to foreign competition from low-wage countries. We feel HR. 16416 will accomplish this objective. PAGENO="0519" 4959 IMPORTS AND AMERICAN LABOR The restrictive foreign labor policy of the Department of Labor since Decem- ber 1964 has been a great stimulant to the foreign competition problem, and the resultant impact on American farm workers' opportunities as well as upon the individual farm producer. National policy concerning imports cannot be totally separated from national policy concerning the amount of agricultural labor, both domestic and foreign, that is available to our industry. According to the Statistical Reporting Service of the Department of Agricul- ture, farm employment in the United States during the week of July 23-29, 1967, was 5,975,000 as compared to 7,516,000 in July, 1904, just prior to the start of the restrictive foreign labor policy. The number of family farm workers during the last week of July of 1967 was 4,012,000 as compared to 4,969,000 in July 1964. The number of hired farm workers during the last week of July 1967 was 1,963,000 as compared to 2,547,000 in July 1964. The foregoing figures reveal that we have lost 957,000 family farm workers from the national farm labor force and 584,000 hired laborers during the three years from July 1964 to July 1967. It is noteworthy, however, that in the total picture we have lost 626.000 of these workers during the 12-month period July 1965-July 1966. Had tl~ e trend of that year prevailed during the last five years, we would have lost over 3,000,000 workers from the farm labor force instead of 1,441,000 workers who by July 1967 had disappeared from the total American farm labor force. Other official government data shows that full employment opportunities have existed for American farm workers throughout the above period. However, heavy losses of farm workers from the domestic labor force have occurred. These losses may not be easily associated with the problem of foreign competition. For example, it is a well-known fact that recent social changes and improved and more accessible training and educational programs have been responsible to some extent for the loss of farm manpower in this country. It may be questioned, therefore, whether the increase in foreign competition has had any effect at all upon the American farm worker. The answer is an emphatic "Yes" and should be readily understood. The American farmer would be able to offer much higher wages and provide a much higher standard of housing and working conditions in general for his farm employees if he did not have to face such tremendous competition from cheap labor countries. The average American farmer would like to offer wages comparable to the highest industrial wage paid in the United States if it were possible for him to do so and continue to operate his farm on a profitable basis. One of the arguments advanced by the Department of Labor in support of their restrictive attitude towards the importation of supplemental agricultural workers was that a part of the wages earned by such workers went to foreign countries and the "flight of gold" probleni was thus aggravated. However, when American production is restricted because of the farmer's inability to obtain sufficient workers to maintain his usual volume of production, many American workers in the agri-business complex are adversely affected. Furthermore, when cutbacks in American production and potential increase in production due to the increased demand are replaced by imported commodities, the American purchaser is send- ing the price of the full wholesale value to the foreign country of origin instead of a minor portion of the wages that might have been paid to produce that com- modity in the United States. Thus, if we paid 150 to a Mexican national to harvest a lug of tomatoes, perhaps one-third of this would ultimately find its way to Mexico. Now that we no longer have Mexican workers in the abundance of previous years, we are sending approximately $3.00 into Mexico for the lug of tomatoes that is being imported in competition with the American product. It is apparent that the "flight of gold" problem is seriously aggravated by the increasing flow of vegetable commodities and fruits from Mexico. We do not have a favorable balance of trade with that country. As a matter of fact, the United States' share of the commodities bought by Mexico from other countries has declined during the last ten years while Mexico's share of the United States market is increasing at an alarming rate. When Mexican imports are undermining our efforts to maintain a favorable balance of payments in international trade, the resulting inflationary effects are felt by every taxpayer in the country. When -such imports undermine the Amer- ican farmer's ability to compete with other American industries for an adequate domestic work force, and when Administration policies `do not allow the Amer- PAGENO="0520" 4960 ~can producer to obtain labor relief in the form of imported supplemental workers, it is apparent that every wage earner whose employment is wholly or partially dependent upon our agricultural output is being adversely affected. It is the sentiment of the Florida grower that as a citizen of the United States he should be entitled to full priority when it comes to domestic marketing opportunities and that he and his employees should not be subjected to the adverse effects of foreign competition when their own productivity is adequate to meet the needs of the American people. The transfer of increasing numbers of farm operations and food processing operations to nearby foreign countries is evidence that we do not have an economic climate conducive to the continued expansion of our agricultural industry even `though the population growth alone warrants and, in fact, will demand an increased production of food- stuffs in the immediate years ahead. EXPORT-IMPORT STATISTICS We have chosen not to fill the record with a lot of bulky testimony concerning the need for a change in our methods of compiling Export and Import statistics. It is a well-known fact that our balance of payments figures are very mislead- ing, since our foreign aid and other give-away programs are considered to be exports. This subject was quite adequately covered by Florida Fruit & Vegetable Association briefs and witnesses' testimony presented to the Trade Informa- tion Committee at its hearing on the Future of U.S. Foreign Trade Policy, April 23, 1968, in Washington, D.C. ADMINISTRATION OF TRADE POLICY `Thee Congress of the United States should resume greater responsibility in the administration of our trade policy. In reviewing the tariff cuts under the Ken- nedy Round of negotiations and seeing the small protection, if any, that remains for many commodities, it is imperative that American businessmen be given an opportunity to present factual information to their representatives in Congress if `and when further reductions are proposed. Giving the authority to the President who, in turn, appoints a special Coin- mittee to receive and evaluate evidence `too often prevents a complete un- biased evaluation of the facts. Politics become involved and it is most difficult for the businessman to present his story to neutral parties. By working with and through his Congressman, he usually is assured that his problems will be heard and evaluated on a fair and equal basis. SUMMARY Realizing that `the world trade picture is currently in a state of flux, and that changes and adjustments in marketing circumstances undoubtedly will occur in future years, the Florida Fruit & Vegetable Association would like to go on record as firmly opposing any action that would encourage more foreign agricultural products being imported into the United States from low-wage countries without adequate protection. Such a move at the present time would be at the direct expense of agricultural interests in Florida and the United States, and any temporary economies which might possibly be realized by the consumer would be more than offset by increased costs of another nature, including the displacement of persons now employed in the agri-business complex. What is needed is a national policy that is comprehensive in its scope and fully coherent-one that does not work against the interests of the American em- ployee or his employer. Adjustments of national policies must be made, both with respect to the importation of foreign goods and with respect to our need to ex- pand our agricultural labor force by one means or another. Our Nation's greatest asset is her agricultural productive capacity. As an PAGENO="0521" 4961 economic segment, agriculture receives less than its fair share of our national wealth. Any program which would encourage increased imports of foreign food items at this time will seriously undermine our national agricultural well-being and the economy of this great Nation. We strongly urge favorable consideration of HR. 16416 and similar legislation. This will assure the domestic producer of a chance to market his product and, at the same time, it will permit foreign countries to share our market. American consumers and domestic labor will benefit, which, in turn, will be beneficial to the total economic position of the United States. APPENDIX I U.S. IMPORTS OF WINTER VEGETABLES FROM MEXICO-1963-64, 1964-65, 1965-66, AND 1966-67 [Hundredweight, in thousandsi Commodity and year Dec. Jan. feb. Mar. Apr. May June July Total 1963-64: Beans 12. 4 17. 0 10. 3 6. 9 17. 2 6. 8 0. 6 0. 7 71. 9 Cucumbers 44. 4 63. 1 43. 7 22. 0 3. 7 . 1 . 1 177. 1 Eggplant 2.0 3.2 8.0 7.5 4.2 4.8 .4 30.1 Melons: Cantaloupes 4. 0 152. 7 278. 3 473. 7 384. 7 3.7 1, 297. 1 Watermelons 5. 6 14. 8 66.9 81. 0 137. 9 251. 1 11. 5 568. 8 Other melons . 5 5. 2 14. 3 1. 3 21. 3 Onions 64. 4 90. 0 53. 1 132. 0 20. 8 360. 3 Peas 5. 4 12. 2 17. 2 14. 2 3. 9 . 2 53. 1 Peppers 11. 1 19. 6 32. 6 32. 9 12. 4 8. 3 2. 7 .7 120. 3 Squash 2.8 4.5 4.9 4.3 4.7 1.5 1.8 1.0 25.5 Tomatoes 103. 5 321. 0 519. 1 528. 3 535. 2 347. 1 89. 9 6. 9 2,451. 0 1964-65: Beans 14. 0 28. 1 22. 9 5. 8 9. 1 3. 8 1. 3 1. 8 86. 8 Cucumbers 37. 3 97. 9 148. 3 4. 5 19. 6 . 8 . 1 . 6 309. 1 Eggplant 5. 6 8. 7 9. 2 8. 6 5. 2 5. 3 . 1 . 1 42. 8 Melons: Cantaloupes 3.3 4.3 7.3 91.9 511.0 641.7 196.9 3.6 1,460.0 Watermelons 4. 1 20. 7 73. 3 142. 8 266. 8 181. 6 . 9 710. 2 Other melons 3. 7 37. 5 . 7 . 6 42. 5 Onions 19. 0 61. 2 100. 5 99. 0 43. 3 21. 2 13. 3 1. 3 358. 8 Peas 3. 1 13. 2 14. 6 13. 8 2. 6 . 7 48. 0 Peppers 15. 7 48. 8 48. 3 32. 3 17. 1 9. 2 2. 5 1. 2 175. 1 Squash 2.6 14.7 19.0 11.8 4.5 1.5 1.5 1.0 56.6 Tomatoes 93. 7 370. 5 445. 6 577. 3 558. 7 409. 4 106. 6 6. 1 2, 567. 9 1965-66: Beans 9.7 17.0 8.0 7.4 5.4 1.2 1.1 .3 50.1 Cucumbers 38. 7 102. 3 156. 8 112. 3 43. 5 6. 1 . 1 459. 8 Eggplant 6.5 11.9 12.7 11.7 5.9 6.2 .7 55.6 Melons: Cantaloupes 1. 5 6. 5 19. 9 156. 1 305. 7 597.9 277. 5 1. 3 1,366. 4 Watermelons 3. 3 16. 9 34. 3 83. 2 123. 3 265. 0 89. 1 615. 1 Other melons 9.3 32.4 2.2 43.9 Onions 35. 9 84. 8 79. 8 117. 7 70. 1 30. 5 5. 4 1. 5 425. 7 Peas - 2. 2 4. 3 20.9 21. 9 6. 4 . 1 55. 8 Peppers 14. 6 43. 3 69. 7 51. 7 39. 8 6. 5 4. 0 . 9 230. 5 Squash 1.1 8.7 14.9 10.1 4.7 2.2 1.5 43.2 Tomatoes 127. 1 403. 2 708. 6 688. 0 807. 6 513. 3 79. 6 12. 3 3, 339. 7 1966-67: Beans 16. 7 12. 6 13. 3 10. 8 5. 0 . 4 2. 2 80. 6 Cucumbers 48.9 128.8 164.4 151.5 98.7 3.0 .1 595.4 Eggplant 7. 7 26. 0 9. 7 6. 9 10. 5 2. 0 75. 7 Melons: Cantaloupes 2. 6 90. 1 384. 0 543. 3 149. 0 2. 9 1, 171. 9 Watermelons 1. 3 12. 6 68. 2 171. 4 229. 8 137. 1 . 8 636. 4 Other melons 5. 2 37. 2 1. 9 . 2 45. 0 Onions 60. 3 92. 6 93. 2 123. 9 17. 1 3. 1 390. 2 Peas 3. 1 22. 6 10. 9 . 7 2 51. 1 Peppers 24. 7 63. 3 70. 0 50. 8 39. 7 14. 3 4. 1 2. 5 269. 4 Squash 8. 1 45. 7 25. 2 8. 0 1. 4 1. 3 . 1 115. 2 Tomatoes 237. 9 519. 6 721. 0 667. 4 690. 1 601. 9 215. 2 46. 5 3, 699. 6 Source: USDA, FAS, Fruit and Vegetable Division, March 1968. PAGENO="0522" 4962 APPENDIX 2 U.S. FOOD PACKERS PICKING U~ MEXICAN EXPANSION ENTHUSIASM The money is looking greener on the other side of the border to U.S. fruit and vegetable packing companies worried by farm labor troubles and generally rising production costs at home. To move or not to move substantial components of the multibillion dollar in- dustry to Mexico is the question being considered. With the Mexican Government offering tax credits, Mexican weather offering an earlier ripening season and Mexican labor offering substantial reductions in production costs, the obvious answer seems to be "Why not?" Eight U.S. companies already have made the move, although their Mexican operations remain relatively small compared to the giant U.S. packing industry- worth $15 billion per year in California alone. Latest company to take the step south of the border is Green Giant, whose headquarters is in Le Seur, Minnesota. The company has made a relatively modest $250,000 start at Huatabampo, in the potentially rich desert state of Sonora. In a joint operation with Hongos de Mexico, Green Giant will pack about 300 tons of mushrooms this year. But this is only a pilot project. If it goes well, Green Giant intends to buy into the Hongos operation and expand the investment to more than $1 million with a new plant at Guaymas, Sonora, 225 miles from the Arizona border. The plant would supply both Mexican and U.S. markets. Other companies already operating in Mexico are H. J. Heinz of Pittsburgh, Campbell Soup of Camden, N.J., California Packing of San Francisco, Corn Products of New York, General Foods of White Plains, N.Y., Gerber Products of Freemont, Michigan and Anderson-Clayton and Company of Houston. All were drawn to Mexico even before the end of the U.S. bracero program 18 months ago. The troubles that have resulted from the bracero cutoff may be the final straw,. tipping the scales to a "go south" decision for other companies and expansion for those already here. The failure of local U.S. labor to step into the exhausting field work left by the barred Mexican workers is costing the companies money and adding to short- ages caused by dwindling farmland acreage in rapidly urbanizing states like California. "The bracero cutoff expired just ahead of the last big U.S. tomato crop- much of which was left to rot in the fields," said Herbert Wallace, Jr., General Manager of Heinz operations in Mexico. PROFITABLE ACTIVITY For Heinz, like other companies, moving to Mexico has been a profitable,. expansion encouraging proposition from the start. The company moved here two years ago, opening a strawberry plant at Salamanca, 150 miles northeast of Mexico City, that employs 600 workers and ships 60 tons of strawberries a day to the United States at the height of the season. It now is also handling chiles,. pineapples and garlic powder. Campbell's producing for the Mexican market, began with a small plant that packed just three soup ingredients at its start in 1959. Now Oampbell's is buying 26 local crops. California Packing .shi~s only chiles to the United States from its Mexican plant, but is developing plans for expanding into vegetables and fruit, testing the move first with Mexican grown peaches. Canners first found a reluctance in the United States to buy Mexican grown or packed food, but executives say this has been overcome by publicity stressing that all Mexican products must pass the same rigid U.S. Food and Drug Administration standards as those grown or processed in the United States. A shortage of cans and other technical problems-especially the `high initial cost of moving-are still a negative factor for companies considering the move to Mexico, but these do not appear too weighty in contrast with the benefits being offered. PAGENO="0523" 4963 Mexico's food exports in 1965 totaled about $400 million-90 per cent of which went to the United States. Food exports for example to Japan are rising rapidly. Given the cost squeeze now on at home, U.S. companies are finding expansion possibiliti~s in Mexico harder and harder to ignore. Source: "The News," Mexico City, Mexico, July 9, 1966. APPENDIX 3 STRAWBERRIES-ACREAGE PRODUCTION, AND YIELDS IN MEXICO, 1960-61-1965-66 Year Acreage Production Yield short tons tons/acre 1960 to 1961 4, 400 22, 100 5. 0 1961 to 1962 4,900 25,400 5.2 1962 to 1963 5, 100 28, 100 5. 5 1963 to 1964 5, 300 30, 500 5. 8 1964 to 1965 7, 000 42,000 6. 0 l965to 19661 11,000 55,000 5.0 1 Estimated. Note-The acreage estimates have been revised downward, and the yields upward. Adverse weather caused a reduc- tion in 1965-66 yields in the Irapuato area. If growers discontinue planting kiondikes, production per acre will be some. what higher. Source: USDA-FAS-April 1966. APPENDIX 4 MEXICAN CITRUS PLANTINGS DOUBLE IN 5 YEARS Mexican Government officials have encouraged the planting of oranges during the past 5 years. Although a tree census has not been made in any of the Mexican states, estimates by growers' associations, shippers, and government officials indicate an increase of more than 100 percent since 1900. It is probable that these estimates have understated the plantings. In most areas, heavy planting of new groves is continuing this year. There are several reasons for this extreme optimism among both growers and the government. Among the more important are low coffee prices, the high U.S prices for both fresh and processed products after the 1962 freeze in Florida, the many press articles on the problems in harvesting U.S. citrus following the end of the bracero program, and the need in Mexico for crops that require more hand labor than the basic field crops. Many growers are still under the impres- sion that there is an unusually good export demand for both fresh and processed citrus, especially in the United States and Canada. ORANGE AND TANGERINE TREES (BY STATES) IN MEXICO [In thousands of treesJ State 1951 1961 1965 Nuevo Leon San Lois Potosi Tamanlipas Veracruz Jalisco - 4,800 750 700 4, 000 6, 000 2,000 1,000 3, 000 8,000 3,000 1,500 18, 000 Sonora 500 500 500 Sinaloa 250 800 Other States Total 1, 600 50 1,700 100 3, 000 12,350 14,500 34,900 Source: USDA-FAS, May 1966. PAGENO="0524" 4964 APPENDIX 5 FRESH FRUITS-U.S. IMPORTS FROM MEXICO, Year Bananas Limes Mangoes Oranges Pine- apples Straw- berries Other Total Quantity in thoasaedn of pounds 1955 62, 290 2,929 619 3, 912 24, 157 93 907 1956 32,765 3,863 495 5,958 18,284 61,905 1957 75, 606 3, 014 702 1, 454 18, 807 63 99, 646 1958 42,251 4,338 868 21,442 19,836 4 267 89,006 1959 47,390 3,926 458 25,302 15,534 51 121 92 782 1960 7,960 4,588 512 21,617 19,731 562 14 54,984 1961 18,953 5,864 345 18,766 24,683 579 97 69,287 1962 10,587 4,376 1,076 27,703 31,303 895 1,414 77,354 1963 7,987 4, 890 1, 165 112, 949 33, 581 3,412 2,484 166, 458 1964 11,099 4,034 1,349 110,637 24,470 4,092 8,154 163,895 1965 19,214 3,414 1,039 69,998 20,578 5,791 5,139 125,173 Value in thousands of dollars 1955 1,449 228 93 142 391 2,303 1956 876 288 116 232 322 1 1,835 1957 2,150 228 177 58 376 5 2,994 1958 1,841 300 151 793 376 1 13 3.483 1959 1,945 236 116 1,086 307 8 14 3,712 1960 482 281 116 779 424 43 3 2,128 1961 1,278 312 92 695 497 120 10 3,004 1962 442 281 249 1,046 707 142 90 2,957 1963 260 362 285 3,976 906 421 170 6,388 1964 398 310 255 4,766 682 513 384 7,308 1965 654 268 233 3,318 572 845 262 6,152 I Imports for consumption. Source: USDA, FAS, F. & V.0., June 6, 1966. Mr. IL-TERLONG. Thank you, Mr. Cox. The next witness is Buforci IV. Council. STATEMENT OP BUPORD W. COUNCIL Mr. COUNCil2. My name is Buford IV. Council from Ruskin, Fla., and I am one 0-f the vanishing breed, an American farmer. I am part of a family farming operation engaged in the growing of tomatoes, citrus fruits, and cattle. The operation is located on the west coast of Florida and has been in production since 1910. I am associated with my two brothers and their three sons. REASON FOR CONCERN Our farming operation affects a great number of people, as is true of many farms in this country. We provide employment for some 100 regular workers in our vege- table, fruit, and cattle operations and several hundred more during harvesting and processing seasons. * Our west coaSt area normally grows two crops of tomatoes a year but since Mexican imports have gotten so heavy, we are only planting the spring crop. In the past, Mexico used to be predominantly a winter producer of this crop but has now not only increased its volume of tomato produc- tion but extended its season to include the fall, winter, and spring. This has hurt us very much. I can also see where the increasing production of citrus in Mexico will adversely affect us in that particular farming operation and, of PAGENO="0525" 4965 course, you have heard of the problem that we cattlemen have had on beef imports and on which some action has already been taken. TIlE NATURE OF THE PROBLEM Granted that foreign producers may have some basic costs of pro- duction and shipping similar to ours, they have a very unfair advan- tage over our producers in the great disparity that exists in their costs for labor, taxes, and other obligations which have been heaped upon us by our own Government and on which the foreign producers are not anywhere close to ours. Our workers are paid good wages and make more in an hour than a Mexican worker does in a day's work and yet there is no reason to believe that the Mexican worker in Mexico is that inferior to our own workers. In fact, we employ a number of American-Texas__Mexicans who are very good workers and Mexico has the benefit of having the same kind of workers who are Mexican nationals and who used to work on U.S. crops in the bracero program and were considered very productive. In order for us to keep our good workers in competition with the demand from other industries, we must pay them higher and higher wages. This Mexico does not have to do because it has an overabundance of workers. Also, our taxes get higher and higher and we are expected to sup- port our Government, and our economy as well, in a manner which, I am sure, is not expected in these other countries. THE IMPACT OF FOREIGN COMPETITION You are probably aware that most of this competition comes from Mexico. During the 1967 spring season, Mexico flooded the Far Western U.S. market and began to move into the Midwest, an area which we had been supplying heretofore. During the 1968 spring season-which has just been concluded- Mexican imports again disrupted all markets west of and including Chicago and forced the entire Florida spring deal into the markets along the eastern seaboard. During the 1967 season, the loss of our Western markets depressed the prices to the extent that there was no profit to the Florida. spring tomato producers and during the 1968 spring season, we suffered very heavy financial losses. Another problem is that Mexican tomatoes are ripe when imported and when excess quantities cross the border unsold, it becomes neces- sary that they be consigned into the U.S. market and because of their ripe condition, they must be sold for whatever price they will bring- which results in a very disorderly marketing situation. SOLUTION TO THE PROBLEM As a grower whose family has been in this business for years, I have come to realize the great need for orderly marketing of these perish- able crops in a mam~er that will keep the producer in business and provide the consumer with a good and steady supply of reasonably priced food. PAGENO="0526" 4966 I am the chairman of the Florida Tomato Committee, which is the administrative body of the Florida tomato marketing agreement and order. It would be futile to attempt to impose orderly marketing programs on our domestic producers with uncontrolled imports from Mexico. Fortunately, under such a program, we can control both the grade and size of both our own shipments and the imports through section 8E of the Agricultural Marketing Agreement Act of 1937, as amended. But it would take quantitative controls of imports in order to main- tain orderly marketing conditions for both foreign and domestic fruits and vegetables. We see an answer to this problem in the bill before you, H.R. 16416, entitled the "Fresh Fruits and Vegetables Market-Sharing Act of 1968," and H.R. 16992, which would give the foreign producer a fair share of our market and require more orderly distribution of the volume of shipments. If legislation of this type is not enacted soon, we will not only be forced out of business in these crops which are so vulnerable to the foreign competition from low-wage countries, but our consumers will become entirely dependent on foreign sources for these products, which we believe would be a very unwise policy on the part of our Government. Thank you, Mr. Chairman and members of the committee, for your consideration of my views in these hearings. Mr. HERLONG. Thank you, sir. The next witness is Mr. J. S. Peters. STATEMENT OP JOHN S. PETERS Mr. PETERS. Mr. Chairman, my name is John S. Peters and I am manager of the Membership and Industry Relations Division of Florida Fruit and Vegetable Association, a nonprofit agricultural trade association, representing growers of a majority of the fruits and vegetables produced in Florida. Prior to my present position, I was actively engaged in the pro- duction and marketing of tomatoes and my former partnership with Luther Chandler and Cecil Barber (both of whom are deceased) was active in the organization of Florida Fruit and Vegetable Association in 1943. My present position requires continuing current information on conditions affecting the membership of this association, including crop prospects and product movement in Florida and competing areas. U.S. FRUIT AND VEGETABLE TRADE Over the years, Florida growers have been threatened with reduc- tion or removal of the tariff on fresh fruits and vegetables. However, in the past few years, the import duty has become progressively less effective as domestic agricultural labor costs have skyrocketed and wages in foreign competing areas have remained ridiculously low. This has resulted in the U.S. markets being flooded at times with imports of many fruits and vegetables from low-wage countries. It has already been stated that Mexico is the major foreign exporter PAGENO="0527" 4967 of these products to U.S. markets and despite the fact that Mexico is not a member of the General Agreement on Tariffs and Trade and that U.S. producers are unable to take advantage of potential market opportunities in t)hat country because of highly restrictive import controls-both tariff and nontariff-the United States extends very liberal treatment to imports from Mexico. I have personally observed the Mexican farm operations and assure you that their vegetable production potential is almost unlimited and the threat to our domestic industry is no longer a matter of conjecture. The Mexican trade problem was very realistically summarized by Mr. A. Clinton Cook and Mr. Gilbert E. Sindelar of the U.S. Depart- ment of Agriculture Foreign Agricultural Service in their article entitled "Trade with Mexico," as follows: The restrictive import measures adopted by the Mexican government in fnll view of the liberal policy of the United States have, without question, provided a convenient stimulus for Mexico in exploiting both dimensions of marketing, foreign and domestic. The liberal treatment extended by the United States towards imports of fruits and vegetables has more than adequately provided the nucleus for Mexico's expansionary activities in the U.S. market. Under the veil of protectionism the domestic fruit and vegetable industry of Mexico has, on the other hand, been permitted to develop and operate free from exposure to com- petition from the United States. Mexican duties are a major obstacle to expanding trade. The ad valorem portion of the Mexican tariff alone ranges from 50 percent to 110 percent on fresh fruits and vegetables and a similar policy on many other items explains the continuing decl.ine in this trade with that country. On the other hand, our trade with Canada continues to expand as a result of the reciprocal trade arrangements which permit amicable settlement of differences on a mutually satisfactory basis. Canada im- ports $50 to $60 million worth of fresh vegetables from this country each year, which is roughly 90 percent of these products which are ex- ported by U.S. shippers. By comparison, we export only $3 to $4 million worth of these products to all of Europe, or about 5 percent of the total. ADVERSE EFFECT ON AMERICAN FARMERS The adverse effect of unregulated imports reached critical propor- tions in 1966. On March 29, 1966, ,Joffre C. David, secretary-treasurer of Florida Fruit & Vegetable Association, as a member of the roster of technical specialists, outlined this problem to Mr. Louis C. Krauth- off II with copies and a cover letter to the Florida congressional dele- gation. This communication should be of interest to the committee and is made a part of my statement as appendix A, since my allotted time will not permit me to read it. On June 16, 1967, Mr. David again communicated with the entire Florida congressional delegation, pointing out the seriousness of the problems at the time and expressed the need for legislative action; and I am offering a copy of this letter for the record as appendix B. On July 6, 1967, a plea was made to Secretary of Agriculture Orville L. Freeman for advice and assistance in a solution to this situation by Mr. David. I am also submitting this letter for the record as appendix C. PAGENO="0528" 4968 On August 31, 1967, Senator Spessard L. Holland communicated with the Secretary of Agriculture as a followup to a letter he had written on June 19 of that year, pointing out the precarious situation which had developed as a result of these increasing imports as follows: The 1967-1968 acreage marketing guide for Florida vegetables issued by the Agricultural Extension Service, University of Florida, after pointing up the fact that overabundant supplies depress markets and that growers should keep production in line with market demand, makes the following significant state- ment which clearly illustrates the plight of the Florida vegetable grower: "A major factor affecting the volume of imports from Mexico is the prevailing price level in the United States. If production and marketing costs in the United States continue to increase relative to cost levels in Mexico, there will be cor- responding increases in imports. Tomatoes, cucumbers, and possibly peppers are likely to continue their sharp upward trend. Mexico's shift to vine-ripened tomatoes, precooling, and improved shipping facilities may have added to its advantage over the United States tomato industry. United States imports of winter vegetables from Mexico are likely to continue the upward trend in the years ahead." Senator Holland called upon the Department of Agriculture for their recommendations and advice as to correcting the situation but the Department was unable to provide any such recommendation or advice. I am including Senator Holland's entire letter as appendix P to my statement. RECOGNITION OF ADVERSE EFFECT The other members of the Florida congressional delegation also communicated with responsible branches of the U.S. Govermrient on bringing the seriousness of this problem to their attention and re- questing the solution thereto. Florida Fruit & Vegetable Association flies contain nmnerous copies of these exchanges of communication; but without burdening the record with them, suffice it to say that responses from the executive branch have been unsatisfactory and inaction has accomplished noth- ing toward a solution of this very grave situation. In transmitting the proposed Trade Expansion Act of 1968, Presi- dent Johnson recognized the ineffectiveness of present laws for relief from the adverse effects of imports. Unfortunately, the proposed as- sistance program contained in this bill will not be of benefit to highly perishable short-season vegetable crops such as the ones being produced with low-cost labor in Mexico and indiscriminately placed in disorderly competition with fresh produce grown in this country. PROPOSED CORRECTIVE LEGISLATION This is the reason why I am here today before this committee as are the others concerned with the future of our American fruit and veg- eta~ble industry in this country, requesting that you give serious con- sideration to the type of legislation proposed as H.IR. 16416, and H.R. 16992, entitled the "Fresh Fruits and Vegetables Market-Sharing Act of 1968." This legislation, like the meat import law of 1964, does not actually impose quotas, but sets up the mechanics for estab- lishing targets which imports cannot exceed in any year. It recognizes the seasonal nature of fresh fruits and vegetables by permitting the importation of as much as 25 percent of the target figure during any 1 month and permits increases as the U.S. market grows. PAGENO="0529" 4969 This legislation will enable us to achieve orderly importation of fruits and vegetables without being unduly restrictive upon our com- petitors. It will also serve notice to those countries that the United States cannot become a dumping ground for fruits and vegetables pro- duced with cheap labor. The entire agri-business community is concerned about this adverse situation created by unresfticted imports of fruits and vegetables and I am including as appendix E a memorandum from the Florida Bank- ers Association as an example of such concern. Texas Citrus Mutual has filed a statement with this committee, outlining the situation with respect to the effect of cirtus imports from Mexico on their industry. Additionally, they have requested me to tell this committee that they support IELR. 16416 and urge its enact- ment into law. I am including their request as appendix F of my statement. I appreciate the privilege you have extended in permitting me to appear at this hearing and we sincerely plead for your support toward the enactment of necessary legislation to relieve this deplorable situa- tion which adversely affects U.S. consumers, laborers, and growers- legislation which will fix a definite policy is the only way to prevent the ultimate destruction of many segments of the fruit and vegetable industry. Thank you very much. (The appendixes referred to follow:) APPENDIX A FLORIDA FRUIT & VEGETABLE ASsocIATION, Orlando, Fla., Marc1i~ 29, 1966. Hon. ROBERT L. F. Sncss, Hon. CHAnI~s E. BENNETT, Hon. CLAUDE D. PEPPER, Hon. DANTE B. FASCELL, Hon. A. SYDNEY HEBLONG, Jr., Hon. PAim G. ROGERS, Hon. JAMES A. HALEY, Hon. D. R. "Bu~ix" MATTHEWS, Hon. DON FUQUA, Hon. SAM GIBBONS, Hon. EDWARD J. Gui~x~, Hon. WILLIAM C. CRAMER. GENTLEMEN: The attached copy of letter to Mr. Krauthoff is self-explanatory. It should serve to point out to you the duality of the problem engendered by proposed amendments to the Fair Labor Standards Act and the lack of protec- tion extended to the producers and workers in those agricultural commodities which are highly vulnerable to foreign competition from low-wage countries. Certainly our agricultural producers have no objection to anyone working in this industry making a decent living but when they are confronted with the problems engendered by such divergent policies as outlined in my letter to Mr. Krauthoff, they frankly are at a loss as to how to reconcile such thinking and actions on the part of our Government. It would seem only proper and fair that when H.R. 13712 comes up for con- sideration on the floor of the House, you should raise-among others-the follow- ing questions: 1. What is being done, if anything, to afford our domestic producers and Amer- ican workers the necessary protection to permit them to enjoy the benefits which are being proposed in this piece of legislation? 2. To what extent has the Secretary of Labor-who has already demonstrated militant protectionist attitude towards American workers-done to carry out his responsibilities under the provisions of Section 4(e) of the Fair Labor Standards Act, which require him to make a thorough and complete investigation of the impact, or possible impact, of foreign competition before any proposed amend- ments to this Act are considered? 3. What is the attitude of the Secretary of Agriculture in this administration with respect to the increase in foreign competition and expatriation of many of our agricultural industries with regard to its effect on the national economy as well as our national security? 95-159-68-pt. 1O-34 PAGENO="0530" 4970 4. Will the State Department and the Office of the Special Representative for ~Trade Negotiations qgree to the delisting from tariff negotiations of those corn- .inodities which are highly vulnerable to the foreign competition for the reasons hereinabove named? 5. Failing to have the necessary understanding and/or cooperation from these administrative agencies, what would you, as a Member of Congress, propose to do about this problem? I am sure that your constituents who are so affected would like to have the ~answers to the above questions because we certainly at at a loss to give them those answers. Sincerely yours, JOFFRE C. DAVID, secretary-Treasurer. FLORIDA FxUIT & VEGETABLE AssociArioN, March ~9, 1~966. Mr. Louis C. KEAUTHOFF II, ~Chairman, Trade Information Committee, Office of the ~Special Representative for Trade Negotiations, Ea,ecutive Office of the President, Washington, D.C. DEAn Mx. KEAUTHOFF: As a member of the Roster of Technical Specialists, I have been the recipient of many complaints and expressed concern from pro- ducers of agricultural commodities who are highly vulnerable to foreign compe- `tition from low-wage countries. This concern has been heightened recently by repeated announcement that the Kennedy Rounds of tariff negotiations' goals are a 50% across-the-board cut in all tariffs with a bare minimum of exceptions. The problem which these people are voicing has been greatly aggravated by two developments which have taken place since 1965. One of them was, for all practical purposes, the virtual embargo on the importation of supplemental foreign agricultural workers imposed by Secretary of Labor W. Willard Wirtz and the other has been the proposals now contained in H.R. 13712, amending the Fair Labor Standards Act to extend the many benefits of that law to here- ~tofore exempt workers in agriculture. While the former action was designed to preclude any adverse effect from the competition of foreign workers in this country to our domestië workers and the latter is to provide the domestic workers with a greater measure of wage benefits, little thought has been given to shutting the back door, so to speak, to the influx of foreign agricultural commodities, which will not only adversely affect our domestic producers but our American workers in these industries as well. Our people find it difficult to reconcile the above actions of Mr. Wirtz and the proposed legislation with the Kennedy Round of tariff reduction. The least that could be done for our domestic industry and its employees under the cir- cumstances would be to request that these agricultural commodities which are highly vulnerable to foreign competition from extremely low-wage countries, as hereinabove stated, should be taken off the list for negotiation at Geneva. I have discussed this with Senator Spessard L. Holland while in Washington some weeks ago and he, as well as other Members of our Congressional Delega- tion, are deeply concerned over these developments. I feel it only just and proper that you should be so advised and that it has already been indicated to me you may very well expect serious repercussinns unless this problem is properly resolved by the Office of the Special Representa- ~tive for Trade Negotiations. Sincerely yours, JOFFRE C. DAVID, Secretary-Treasurer. PAGENO="0531" 4971 APPENDIX B FLORIDA FRUIT & VEGETABLE ASSOCIATION, June 16, 1967. Hon. SPESSARD L. HOLLAND, Hon. GEORGE A. SMATHEBS, Hon. ROBERT L. F. SIKES, Hon. DON FUQUA, Hon. CHARLES E. BENNETT, Hon. SYDNEY HERLONG, Jr., Hon. EDWARD J. GURNEY, Hon. SAM GIBBONS, Hon. JAMES A. HALEY, Hon. WILLIAM C. CRAMER, Hon. PAUL G. ROGERS, Hon. J. HEBERT Bunim, Hon. CLAUDE D. PEPPER, and Hon. DANTE B. FASCELL. GENTLEMEN: For some years now we have seen the threat of foreign competi- tion from low-wage areas, principally Mexico and the Caribbean countries, mak- ing disastrous inroads into our fruit and vegetable industries. This season the problem reached critical proportions among many of our Florida producers to such an extent that the agri-business community, which includes farm equip- ment and supply groups, bankers, merchants and labor, has voiced great con- cern over this deplorable situation. You have heard about it, read news- paper accounts of meetings and received many communications. I have corresponded with you and furnished you factual information about the growth of this problem for quite a few years and you have responded ad- mirably in trying to seek an answer and possible solution from responsible agencies of government, and a number of you have introduced bills 1~hat would in part mitigate the onslaught of these imports on our own economy. I can say without being facetious that if someone wanted to refer to all the background information and efforts contained in our own Association files on this subject, it would take no less than a moving van to transport the material accumulated over the years. Therefore I am not going to burden you with a historical recital of this problem since your own files and your own knowledge of this matter are probably as replete as mine. In short we have reached the critical point in that the people affected who have to meet payrolls and pay their bills can't help but feel that we have not been very effective in dealing with this serious problem. I know and you know that it is not an easy problem to resolve but there must be a better solution to it than to leave our industries at the complete mercy of countries who are not only ex- ploiting our markets but are doing so advantageously by exploiting their own labor. As you will recall Secretary of Labor W. Willard Wirtz has strongly objected to the importation of foreign workers employed in this country, even at our higher standards, if the very presence of these workers "adversely affected" the employment of our domestic workers. He has quite successfully and effectively exercised his view in this matter through his certification authority for bring- ing in foreign workers and by his adverse effect criteria. Perhaps a page of his book should be used in controlling the importation of commodities produced with peon labor. Otherwise we have left the back door wide open to be flooded with imports of this origin. Tariffs at their presently low levels have long ceased to be a satisfactory means of equalizing costs of production and thereby controlling imports, in the light of the tremendous wage differentials and other related labor costs which exist in our country vis-a-vis Mexico. We must therefore resort to some form of flexible import limitations which when interpreted to mean quotas has a bad connota- tion with the free traders in our State Department and other internationally minded high officials in our executive branch. More recently I heard the term ~`market sharing" used by an official of the Department of Agriculture in rela- tion to foreign imports. This perhaps might have a more palatable connotation. And here again I must emphasize that no one is asking for the total exclusion of imports of competitive commodities but rather better control so as to give the domestic producers first consideration in the market place as have the American workers under the Secretary of Labor's adverse effect criteria, which I have al- ready mentioned. PAGENO="0532" 4972 It also might be quite appropriately the time to ask the Secretary of Agri- culture to take as much interest in this problem as the Secretary of Labor has so ably done with regard to the importation of foreign labor. But even this latter Cabinet member has not solved the problem of the American worker in other industries which are suffering from the same ailment. As you well know we are working on that aspect too in the hopes of a broader approach through HR. 478 and H.R. 479 and similar bills which have been introduced. I would like to suggest that you consider the merits of appropriate market sharing controls on imports of agricultural products and that you ask the Secretary of Agriculture to outline the type of measures that might be enacted for this purpose. Otherwise any proposed legislation in this respect W~1li, as it has always in the past, run the gamut of criticism not only from our own De- partment of Agriculture but other Departments which will concern themselves with this. We are not interested in hearing any further response from Administration officials with regard to the "escape clause" and other well-meaning statutory pro- visions which have been totally ineffective in resolving this problem. Let me thank you again for your serious consideration of this problem and let's recognize that we must come up with a better answer than we have been able to in the past if it is going to be resolved in the best interests of our agricultural industry. Sincerely yours, JOFFRE C. DAVID, Secretary-Treasurer. APPENDIX C FLORIDA FRUIT & VEGETABLE ASsocIATIoN, Orlando, Fla., July 6, 1967. Hon. ORVILLE L. FREEMAN, Secretary of Agriculture, Department of Agriculture, Washington, D.C. DEAR SECRETARY FREEMAN: Thank you for your thoughtful letter of June 16. I appreciated the opportunity of attending your Farm Policy Conference in Athens, Georgia, and felt that it was extremely worthwhile. You are to be complimented for your interest in holding these meetings at the grass-root level and getting firsthand information and advice from the farmers and their repre- senatives with regard to their problems. We concur in your thoughts on the need for more bargaining power for farmers-for more "muscle in the marketplace." It might interest you to know that we have several marketing agreement and order programs in effect, both Federal and State, on fruits and vegetables. Additionally we have organized a few Exchanges which in essence provide some bargaining strength by virtue of the fact that these cooperative organizations acquire title to the members' products for the purpose of setting conditions of sale. These programs have produced some measure of stability and improvement in the returns to the growers. However the commodities to which they are confined have been largely those which as yet are not under the serious threat of foreign competition. By now I am sure you have heard from members of our Congressional Delega- ation with regard to the disastrous inroads being made into some of our fruit and vegetable industries here in Florida by foreign competition from low-wage areas, pricnipally Mexico and the Caribbean countries. Quite obviously some of the programs which we have would not work satis- factorily on commodities which are subject, such as tomatoes, to a flood of cheap imports from Mexico unless some reasonable quantitative or flow-to-market restrictions can be applied on the imports, as well as the domestic product. No one is asking for the total exclusion of imports of competitive commodities but rather better control so as to give the domestic producer first consideration and an opportunity to exercise his "muscle in the marketplace" as you have suggested. Tariffs at their presently low levels have long ceased to be a satisfactory means of equalizing costs of production and thereby controlling imports, in the light of the tremendous wage differentials and other related labor costs which exist in our country vis-a-vis Mexico and similar areas of production to the south of the border. PAGENO="0533" 4973 We have also found out through experience that the Section 22 provisions of the Agricultural Adjustment Act do not lend themselves to any relief for the problems encountered by the fast-moving perishable commodities when gluts `and market disruptions are caused by excessive imports from foreign countries. This Association was instrumental in the passage of the amendments to the Agricultural Marketing Act which requires foreign imports to meet the same standards when imposed on certain commodities operating under a federal marketing agreement and order program; we have found this to be some measure of help in holding up the quality standards in the marketplace, but what we need now is some means of volume control or market sharing program with foreign imports in order to maintain orderly marketing and satisfactory returns to our domestic producers. We shall greatly appreciate your giving this problem serious consideration. Sincerely yours, JOFFEE C. D~&vin, Secret ary-Treasurer. APPENDIX D U.S. SENATE, COMMITTEE ON APPROPRIATIONS, Washington, D.C., August 31, 1967. Hon. ORvu~LE L. FREEMAN, Secretary of Agriculture, Washington, D.C. DEAR Mn. SECRETARY: In my letter of June 19, 1967, I pointed out the critical and precarious situation facing Florida producers of fresh fruits end vegetables because of the increasing volume of imports of these commodities from Mexico and other low wage producing areas. A reply dated July 13, 1967, signed by Mr. Rodney Leonard, indicates that the Department shares my concern and states that after reviewing the Depart- ment's position a more complete reply would be forthcoming. I again wish to stress the importance and urgency of this matter. One merely needs to look at the import statistics for the past ten years to see what is hap- `pening. Imports of tomatoes from Mexico in 1965 totaled 66 million pounds. In 1966 such imports had increased to 358 million pounds, an increase of more than 500 percent, and are continuing to increase at a rapid rate. For your convenience I am attaching a table showing imports from Mexico of tomatoes and other vegetables for the period 1955-1966. The injury to domestic growers caused by the increasing import volume is further aggravated by the timing of such imports which distort and weaken domestic prices just at the time when Florida's domestic production is to be marketed. These uncontrolled imports also make the provisions of the Agricul- ~tural Marketing Act ineffective and of little value since efforts by domestic growers to balance supplies and marketings with demand would be thwarted by imports. The 1967-1968 acreage marketing guide for Florida vegetables issued by the Agricultural Extension Service, University of Florida, after pointing up the fact `that over-abundant supplies depress markets and that growers should keep production in line with market demand, m'akes the following significant state- ment which clearly illustrates the plight of the Florida vegetable grower: "A major factor affecting the volume of imports from Mexico is `the prevailing price level in the United States. If production and marketing costs in the United States continue to increase relative `to cost levels in Mexico, there will be corres- ponding increases in imports. Tomatoes, cucumbers, and possibly peppers are likely to continue their sharp upward trend. Mexico's shift to vine-ripened tomatoes, precooling, and improved shipping facilities may have added to its `advantage over the United States tomato industry. United States imports of winter vegetables from Mexico are likely to continue the upward trend in the years ahead." There is no question, but that costs of the American farmer will continue to rise and that the disparity between Mexican and United States labor and other costs will serve as additional incentive for imports to increase at an even faster pace. The problem has grown more serious each year. It has now reached critical PAGENO="0534" 4974 - ~C~C~Ct) I- 0 I C,) >- -J C~COc~4-~ ~ c,~0c~c~ cc o~ C-) S ~ S cC-oC ~-u-~r-~ ~ C,) Cl) o E ~ 5 0 r-~ .-~ ~ N- NJ = = - -~ r- cc~I~r) -0)0 CI) *9 NJ ~ N) N) N)~ ~ = o 0 C-) 0 C,) ~- *~ ~ )D NC'J 00 (`4(00) (0(0(0 -c - - ~ S CI - w 0 0) ~ -~ ~ C-) 00 HHHHW 0~ PAGENO="0535" 4975 proportions and it is imperative that effective corrective action be taken without delay. In my letter of June 19 I suggested the possibility of some form of a "market sharing" plan which would establish an equitable share of the domestic market for imports based on a representative import base period with an appropriate adjust- ment for market growth. This would have the effect of stabilizing imports in relation to domestic consumption and to the growth of the domestic market. I would appreciate your reactions to this suggestion. I would also like to be advised of the existing authority available to cope with this import problem and whether you believe it is adequate. If it is not adequate, I would like your~ suggestions as to the additional authority needed to the end that the flow of imports may be related to an equitable sharing of the market and so that orderly marketing procedures may be established. An early reply will be appreciated as we simply cannot permit present conditions to continue. Yours faithfully. SPE5SARI L. HOLLAND. APPENDIX E FLORIDA BANKERS ASSOCIATION, ORLANDO, FIA., APRIL 17, 1968 MEMORANDUM TO ALL FLORIDA BANKERS A bill has been introduced into the Congress by Representatives Syd Herlong,. and Paul Rogers in the House, and Senator Spessard Holland in the Senate, en- titled, "The Fresh Fruit and Vegetable Market Sharing Act of 1968". As an organization vitally interested in all matters concerning the agricultural econ- omy of the state, bankers should support this legislation and make known that support to their respective Senators and Representatives in the Congress. Essentially, this proposed legislation states that access to the United States. market for foreign produced fresh fruits and vegetables should be established on an equitable and orderly market sharing basis, consistent with the main- tenance of a strong and expanding U.S. production designed to avoid the dis- ruption of the domestic market, and unemployment of domestic workers. Since 1956 fruits and vegetables imported have increased to the extent where they have seriously disrupted the market for these commodities in the United States, and while the Agricultural Act of 1956 gives authorization to agreements with other countries to limit exports, such authority has never been exercised in connection with fruits and vegetables. The increase since 1956 has been caused mainly by lower costs of production in other countries, particularly low wage rates, and because of this latter fac- tor, it seems certain that imports of fresh fruits and vegetables will con- tinue to increase and further disrupt the market for these commodities in this: country. The Fresh Fruit and Vegetable Marketing Sharing Act of 1968 would author- ize the President to negotiate with other governments to limit imports each year to not more than the share of the United States consumption of such com- modities supplied by imports thereof during a representative period of not less' than the average of any two consecutive import years prior to 1967. If no agree- ment could be reached, the Act would limit the import based upon the average of the five calendar years, 1962-66, with a monthly limitation to provide more orderly marketing~ This bill is important to the economy of the State of Florida, and therefore,. to Florida banking. We urge you to write your Senator and your Representa- tive as soon as possible, asking him not only to support, but also to actively seek passage of this important legislation. RICHARD E. EHLI5, President, F'orida Bankers Association, Orlando, L. S. TILLER, Chairman, Agriculture Division, EVP Indian River Citrus Bank, Vero Beach, How~&im MONULTY, Chairman, Farm Committee, President, Florida State Bank, Sanford. PAGENO="0536" 4976 APPENDIX F TEXAS CITRUS MUTUAL, Weslaco, Ten, May 22, 1968. Mr. J. S. PETERS, Florida Fruit and Vegetable Association, Orlando, Fla. DEAR Mn. PETERS: We have received notice from our Congressman E. "Kika" de la Garza of the open hearings starting Tuesday, 4 June, on the balance of trade between the United States and foreign nations including imposition of quotas. Texas Citrus Mutual will be unable to appear at the hearings but under- stand your organization will submit a request to be heard. If so, we request you represent our organization also. Texas Citrus Mutual is a non-profit organization of Texas citrus growers, ~patterned after your Florida Citrus Mutual. We represent some 2000 Texas citrus growers, representing approximately 75% of the Texas citrus production. Our offices are located at 115 North 10th Street in Edinburg, Texas. The importation of citrus fruit from Mexico is of vital concern to we Texas citrus growers, and it appears from the experience this season that it will loom larger each year as a factor adversely affecting the marketing of domestically produced citrus. This conclusion is drawn from the fact that our cost of produc- tion is increasing at a rate far in excess of that faced by producers in Mexico. Over the past few years specific action has been taken on the national level which has and will continue to increase our cost of production, i.e.,-ending the Bracero Program-minimum wages for farm workers-increasing wages for farm workers, packing house and processing plant workers-increasing costs for supplies and equipment-and increasing taxes at county, state, and national levels necessary to support our higher standards of living. There is no indication the foreign costs of production will increase at any- where near our rate while the ending of the Bracero Program resulted in lower wages in Mexico. Over the years the citrus growers of Texas, as well as the growers of California nnd Florida, have assessed themselves for the purpose of advertising and pro- motion of citrus. As a result of these programs the growers have developed a good demand for citrus. Further, these same growers are paying the highest wages paid in any commercial citrus producing area. They are also paying their share of the taxes necessary to support our higher standards of living and other obligations of our government. The United States citrus growers do not receive long term, low interest government loans designed to plant and care for their orchards while they are coming into production as is the case in foreign areas. The American citrus growers DO NOT receive a direct government subsidy on each carton of citrus sold fresh in export as many foreign governments pay to their growers, nor do they receive a subsidy on frozen concentrate or products sold in export. Foreign governments with their long term leans and subsidy payments have encouraged the planting of citrus. principally oranges, to the point where large surpluses are predicted. These countries are looking to the United States to dis- pose of their excess production during peak crop years. The maintenance of a sound domestic citrus industry and steady employment of our American workers employed by this important industry should be a national objective. With the emphasis on balance of payments, it appears this is an area that will drain more dollars each year from the United States. This season. through May 20, Mexico alone has crossed into the United States 2261 carlot equivalents oranges, 428 carlot equivalents tangerines, 6 cars mixed citrus and 19 carlot equivalents limes. These imports represent approximately $9 million that have flowed from the United States into Mexico (USDA-State Market News Service, Weslaco, Texas). There has been in addition citrus entering the United States from other countries not included herein. During the 1966-67 citrus season the largest shipper of fresh citrus from Texas was the Edinburg Citrus Ass'n. Operating two packing houses they shipped 2133 PAGENO="0537" 4977 carloads of citrus fruit. The impact of imported fruit on our labor force is more substantial than many realize. The approximately 3000 carloads of Mexican citrus that have entered the States this season, was packed in Mexico, depriving from gainful employment a work force in numbers approaching the number employed by three of our highest capacity packing houses. Last season (1966-67), which incidentally was a disastrous one for orange growers in the United States due to the tremendous crop, the Texas growers received 29% of parity for their orange crop and the Florida growers received 25% (USDA C&MS-F&V Citrus Fruits: Estimated equivalent on-tree returns and parity prices 10/2/67). As a result of our much smaller crop than Florida's- and the fact it can be sold much closer to our producing area with savings in freight-we `should always receive a higher percentage of parity than the Florida area. However, this season to date Mexico crossed 2261 carloads of oranges compared with 255 cars last season. Except for the 124 cars that crossed at Nogales all the fruit has crossed the border here in Texas and sold in our traditional marketing area. Consequently the Texas growers received oniy 49% of parity to date for their orange crop while Florida growers have received 66% of parity (USDA C&MS-F&V Citrus Fruits: Estimated equivalent on-tree returns and parity prices 3/29/68). Last season Texas bad an orange crop of 2.8 million boxes and marketed fresh 2986 cars (Texas Valley `Citrus Committee)-500 boxes per car-and Mexico imported through the Valley 256 cars for a combined total of 3242 cars of oranges shipped from the Valley into our marketing area. `Beulah' reduced our orange crop this season to only 1.9 million boxes yet there has been shipped from the Valley this season to date, 4580 cars of oranges (2319 cars Texas and 2261 cars Mexican oranges)-some 40% more than the total shipments last season. Were it not for the December freeze in California which reduced their crop-and the much shorter crop in Florida this season-the percent of parity received by Texas growers would have been much lower. H.R. 16416 is a means of providing orderly marketing of foreign citrus. It would prevent dumping of foreign surplus during peak production years and assure adequate supplies for the American consumer during periods of domestic shortages. Sincerely, JAY D. Bonun, E~recutive Vice President and General Manager. Mr. HERLONG. Thank you, Mr. Peters. There is one question that came to my mind when you were testifying. You testified mostly about the imports from 1~{exico coining into the United States and destroying American markets. Do you have any figures on how much of that production is brought about by U.S. growers going down there and farming, using the cheap labor, and sending their products into the United States? Do you have any figures on that? Mr. PETERS. We don't have those actual figures because American capital going down there has to tie itself in with Mexican corporations. We do have knowledge that such capital has gone down there in years gone by. are aware, however, that Mexican growers are becoming increas- ingly prosperous and divorcing themselves from this source of produc- tion money to a certain extent. Mr. HERLONG. Thank you. Any further questions? Mr. Curtis. Mr. CURTIs. I would just like to ask one general question for the record. PAGENO="0538" 4978 Mr. HEiu~oNG. Mr. Curtis. Mr. CURTIS. Has the domestic market for your products, fruits and vegetables, been increasing during, say, the past 10 years? Do you have the figures on that? Mr. PETERS. We have the figures. Mr. CURTIS. Could you supply them for the record? I would like to get those figures in relation to what imports are. What I am really interested in~ is to see whether your problem is that you aren't getting as big a percentage of a growing market as you were or whether you are actually experiencing a decline. It could be either way. I am not, by this question, saying you don't have a problem, you do, but it could be a different kind of problem. Could you get those overall figures for the record? Mr. PrirEns. Yes, sir; but may I suggest that perhaps the volume figures would probably be more meaningful than the price figures. Mr. CURTIS. I think so, too. Mr. PETERS. And you will find those as a supplement in Senator Hol- land's letter, attachment to Senator Holland's letter. Additionally, we will be happy to provide further import figures which will tell you that, while the Florida production has remained rather static on tomatoes for the past several years, the Mexican imports have continuously increased, especially during the last quarter and the second quarter of each year. Mr. Oinrns. Thank you. (The following letter was received by the committee:) FLORIDA FRuIT & VEGETABLE AssOcIATION, Orlando, Fla., July 29, 1968. Hon. THOMAS B. CURTIS, Member, Committee on Ways and Means, House of Representatives, Washington, D.C. DEAR Mn. Cuirris: When I appeared before the Committee on Ways and Means on July 2, 1968 to testify concerning the balance of trade between the United States and foreign nations, you inquired as to whether the domestic market for fruits and vegetables had been increasing during the past ten years and requested that I provide the Committee with figures that would reveal whether Florida producers were getting as big as percentage of a growing market or were actually experiencing a decline. I am supplying the Committee on Ways and Means a tabulation compiled from official sources that supplies this information as it applies to a number of Florida's major agricultural crops, a copy of which is enclosed for your reference and I am sure that you recognize the parallel producing seasons of Mexico and Florida. Thanking you for the interest you have shown in the problems of the agricul- ~ural industry and trusting that you will call upon us for any additional information you may require, Yours very truly, J. S. PETERs, Manager, Membership and Industry Relations. PAGENO="0539" 10-YEAR COMPARISON OF U.S. PRODUCTION, FLORIDA PRODUCTION, AND IMPORTS FROM MEXICO OF SELECTED FRESH FRUITS AND VEGETABLES Cucumbers Tomatoes Peppers Strawberries 1957 1966 Percent 1957 1966 change Percent 1957 1966 change Percent 1957 1966 change Percent change U.S. production 4, 576 4, 713 +3 20, 147 20, 572 +2 3, 240 4, 062 +25 2, 762 2, 553 -8 Florida production 1,608 1, 877 +17 5, 522 7, 305 +32 1, 044 1, 606 +54 60 208 +247 Mexican imports 1 22 480 +2, 082 1,004 3,587 +257 93 245 +163 0 117 +11, 700 i4~. Eggplant 1957 1966 Watermelons Limes Oranges Percent 1957 1966 change Percent 1957 1966 change Percent 1957 1966 change Percent change U.S. production 499 549 +10 27,487 28,917 +5 140 168 +20 2113,136 ~120,720 +7 Florida production 371 397 +7 6, 460 10, 030 +55 140 168 +20 2 83, 700 2 90, 360 +8 Mexicanimportsl 6 56 +833 247 615 +149 30 34 +13 14 475 +3,293 1 Mexico is the major exporter of these products to U.S. markets and their producing season parallels Sources: Compiled by E. F. Scarborough, Florida Department of Agriculture, Orlando, FIa., from that of Florida. USDA Agricultural Statistics 1967 through 1956; Florida Citrus Summary, 1967; Florida Vegetable 2 Florida and U.S. production on split season basis; i.e., 1956-57 shown as 1957, etc. Summary, 1967; USDA Foreign Agricultural Service. PAGENO="0540" 4980 Mr. ilrntoNG. Are there further questions? Mr. Chairman, reference is made in here to a statement that was filed by Mr. Curl of Texas Citrus Mutual. I read that statement myself and in that statement it stated that a letter from the Department of Commerce had indicated that this was a progressive reduction in tariffs on citrus, particularly oranges, coming into the United. States. I know you are interested in this, too. I was personally told both by Governor Herter when he was in charge of this program and later by Ambassador Roth that there had been no negotiations over there with reference to citrus in the Kennedy round, and I would like, Mr. Chair- man, for this committee to inquire of the Department of Commerce as to the authority for such a statement that the duty on citrus, for example, is to be progressively reduced from 1 cent a pound to 6 cents a pound over the next 4 years. I will probably talk later to Mr. Rutledge about that but I would want this committee to get that information from the Department of Commerce to see what authority they had for makii~g such a statement in view of what had be.en previously told to me-I am informed that we do have this information. There were no reductions on oranges. This report showed it is all citrus and that is the thing we are concerned about. Are there further questions of these witnesses? If not, we want to thank you for your contribution and for being here with us. We appreciate it very much. Mr. Cox. Tha..nk you. (The following statement of Representative Paul G. Rogers, of Florida, was received by the committee:) STATEMENT OF HON. PAUL G. ROGERS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. Chairman: I appreciate very much the opportunity afforded me by the Committee to pre- sent my views concerning H.R. 16416 which I co-sponsored with Mr. Herlong, a distinguished Member of this Committee and my colleague from Florida. This bill would provide access to the United States markets for foreign pro- duced fresh fruits and vegetables on an equitable and orderly ~arket~sharing basis consistent with the maintenance of a strong and expanding United States production and is designed to avoid disruption of the domestic fruit and vege- table market, and unemployment of domestic workers. The particular problem confronting the fresh fruit and vegetable growers in Florida is the drastic increase in imports from Mexico. The past 12 years have witnessed a five-fold increase in fresh vegetable im- ports from Mexico. From January 1, 1968 to May 1, 1968, Mexico marketed one-half of the fresh tomatoes consumed in the United States. Also, Florida some years ago, had 90% of the Canadian tomato market; now Mexico has 90% and Florida has only 10%. Florida citrus is also particularly injured by imports of oranges and tangerines from Mexico. Texas, California and Arizona are also hard bit. In 1966, orange imports from Mexico into the United States were 258 car- loads. In 1967, there were 2,323 carloads-a nine-fold increase. Florida's fresh fruit and vegetable growers cannot continue to compete with. these heavy imports from low-wage areas and hope to maintain a steady econ- omy in the State. I trust that the Committee has benefitted from the testimony from representa- tives of Florida's fruit and vegetable industry, and that proper legislative action will be taken, commensurate with the gravity of the problem. Mr. HERLONG. Our next witness is Mr. Robert Rutledge of the Flor- ida Citrus Mutual. Mr. Rutledge, we are happy to have you and Mr~ PAGENO="0541" 4981 Amory Underhill to testify before the committee. If you will identify yourself for the record and proceed in your own way we will `~ppreciate it STATEMENT OF ROBERT W. RUTLEDGE, EXECUTIVE VICE PRESI- DENT, FLORIDA CITRUS MUTUAL; ACCOMPANIED BY WILLIAM AMORY UNDERHILL, COUNSEL Mr. RUTLEDGE. Thank you, Mr. Chairman. My name is Robert W. Rutledge. I am executive vice president of Florida Citrus Mutual, `Lakeland, Fla. We now represent approximately 15,000 Florida citrus growers who produce about 85 to 90 percent of all the citrus grown in the State of Florida. Mr. HERLONG. Thank you. Mr. RUTLEDGE. Mr. Chairman, I would prefer for the sake of time not to read this statement but merely go through it and summarize and get what I think are the important points here page by, page and then read a very short sunimary, if that is all right with you. Mr. HERLONG. Without objection, your entire statement will then appear in the record. Mr. RUTLEDGE. That is what I would like; yes, sir. Mr. HERLONG. Proceed in your own way. Mr. RUTLEDGE. Gentlemen, on the first page here I think it is im- portant to note that the Florida citrus industry over' the past 20 years is increasing at a very rapid rate. Twenty years ago we had about ~325,000 acres of citrus in the ground. At the present `time we have about a million acres of citrus planted in the State of Florida. It is `the largest citrus industry in the world and as well the American citrus consuming market is the largest in the world. It just didn't get that way because something happened overnight. I think it got that way because of the great promotional efforts of ~California, Texas, and Florida, and over a period of these past 20 years I estimate myself that we as growers from these large citrus- producing areas in the United States have spent well over $200 mil- lion in developing this market through advertising, promotion, and Tesearch. We are now in a position to supply the American consumer with plenty of citrus and citrus products at prices that go back almost `20 years. Last year we sold frozen orange concentrate from Florida `throughout the United States to the American consumer at prices that `go back, as I said, about 20 years. Now, with this developmental effort and with our rapidly increasing production of citrus not only in Florida but coming in California and Texas as well, we don't think it is right or fair by any stretch of `the imagination to allow cheaply produced foreign fruit to take advantage of this huge market development effort. And we underscore again that the productive capacity of these citrus industries, p'articularly in Florida, is so great that we will be able to more than take care of the American consumer at prices well below most soft drinks that are now being sold throughout the United States. Our problem is so great that we believe that we can only stay in business by spending more of our money, all paid for by our growers PAGENO="0542" 4982 in further developing our domestic market, through advertising, pro- motion, and research. We soon expect in Florida the productive ca- pacity of our orange industry to be well over 200 million boxes as corn- pared to 104 million boxes this season, 144 million boxes last season,~ so you can see by this that our productive capacity is there and that our productive estimates for the future are going to go very quickly now into figures that are going to be very hard to handle for the Florida citrus industry. In the past years we have worked with the Department of Agricul- ture in what they call the three-party plan and have invested consid- erable sums of money in the development of some of these European. markets and at the present time we hope to be able to export 3 to 4 percent of our crop and hopefully, if this market development pro-. gram continues, to increase 10 to 15 percent. Before the Trade Information Committee at hearings in 1963 we testified very strongly, much aiong the same basis that we are today,. that the tariff on foreign citrus coming into the United States must be maintained, and Mr. Herlong has mentioned here this morning that we were told in no uncertain terms that the tariff structure for Florida citrus or citrus in general throughout the United States was not changed in any shape or form. However, I have since learned that the statement that Mr. Carl made from Texas Citrus Mutual probably is in reference to kumquats only and I certainly hope it is, but that will be checked into and we will furnish the committee with some authoritative information on this as quickly as possible. (The material referred to was not received by the committee by the time the hearing went to press.) Mr. RUTLEDGE. We get to Mexico. In Mexico they have a very rapidly expanding citrus industry. Just a few years ago they pro- duced 12 million boxes of citrus. Now they are producing 34 million boxes of citrus, and they have the capacity there to go right on up to 80 or 90 million boxes of citrus. I think there is a very significant figure here of what can happen because it is happening to the U.S. citrus industry. It affects Cali- fornia, affects Florida. Last year Mexico brought into the United States 258 cars of oranges. This season they will bring in 2,323 car- loads of oranges and 422 carloads of tangerines, so we have a very significant problem here inasmuch as with their plantings the pres- sure for them to export more and more of their production is going to be beyond them and they will be seeking again this largest citrus consuming market that we, the Florida citrus industry, along with California, have developed over a long period of years. Mexico has all kinds of regulations about taking citrus into Mex- ico. I don't think we would want to, but we inquired about it. We might want to sell some concentrate in Mexico City but they have certainly got that tied up to an extent where it takes all kinds of permits and regulations to comply with and it is practically impos- sible to get anything in there. PAGENO="0543" 4983 In short, the citrus trade with Mexico is a one-way street with them entering the United States only. We completely support in every way, shape, and form the fruit and vegetable statement made here this morning and as well we support the House bill 16416 in every respect and we will further support any revisions of this bill as they might apply to our industry and other industries. A very brief summary, gentlemen. The Florida citrus industry now has retail sales totaling $1 billion for the first time. Florida citrus production will probably double within 10 years or less and we are as well trying to develop our export markets, get back what we lost of the freeze of 1962 in Canada and in Europe. The other recommendation is that the current tariffs on foreign citrus imports into the United States must be maintained if the U.S. citrus industry is to survive. I thank you very much for the opportunity to appear before the committee and hope that this information will help you in proceed- ing to help not only the citrus industry but other industries through- out the United States that are virtually being put out of business or soon will be put out of business without some kind of quota or other devices to help us stay in business. (Mr. Rutledge's prepared statement follows:) A STATEMENT OF ROBERT W. RUTLEDGE, ExECUTIvE VICE PRESIDENT AND GENERAL MANAGER, FLORIDA CITRUs MUTUAL My name is Robert W. Rutledge and I am Executive Vice President and Gen- eral Manager of Florida Citrus Mutual, Lakeland, Florida, representing more than 15,000 Florida citrus growers in matters affecting their general welfare. There are approximately 17,000 commercial citrus growers in Florida, and Mutual represents approximately 85-90% of the total citrus production. TLORIDA CITRUS RETAIL SALES AT $1 BILLION MARK ANNUALLY Florida Citrus Mutual has been organized for 20 years and since 1948 retail sales of Florida's citrus fruit and products have increased from $250 million to $1 billion this season, an incrOase of 300%. Over this same 20-year span, com- mercial citrus acreage in Florida has increased from 325,000 acres to nearly 1,000,000 acres today. This season Florida citrus growers will receive about $300 million on-tree for their fruit, up considerably from the previous season which saw many growers fail to meet their cost of production. The American consuming citrus market is the largest in the world. Florida citrus growers and those of other citrus growing areas in the U.S. have devel- oped this market through continued expenditures of huge sums of money for advertising, merchandising, publlcity and research. I estimate that the U.S. citrus industry has invested at least $200 million over the past 20 years in the development of domestic markets through advertising, merchandising, pub- licity and research expenditures paid for almost entirely by the citrus growers in Florida, California, Arizona. and Texas. It is not right nor fair, in any stretch of the imagination, to allow cheaply produced foreign fruit to take advantage of this huge market development effort. As well it has been underscored time and time again that the productive ca- pacity of the U.S. citrus industry, and particularly Florida, is increasing rapidly and the American consumer's needs for fresh citrus and citrus products are more than adequately being fulfilled at extremely reasonable prices. In fact, last year's consumer prices for frozen concentrated orange juice-which utilizes 60% to 65% of our orange crop-were as low as any time in its twenty year history. It is well recognized that the Florida Citrus Industry can only stay in busi- nes:s by fui~ther intensive development of our domestic markets and this can be done only by further research, `advertising and promotion, most of which is paid for by the grower. PAGENO="0544" 4984 FLORIDA ORANGE PRODUCTION MAY DOUBLE WITHIN TEN YEARS The Florida Citrus industry is on the threshold of rapidly expanding orange production in the years ahead since total commercial orange acreage in Florida is now about 750,000 acres of which nearly 30% is considered non-bearing, or under 5 years of age. The harvesting season that is now rapidly concluding will see approximately 104 million boxes of oranges picked, 401/2 million boxes less than the previous season's record breaking orange crop of 1441/2 million boxes. Ac- cording to a projection made by the Florida Crop & Livestock Reporting Service last November, Florida's orange production could reach as high as 190 mil- lion boxes by 1971-72, and as high as 230 million boxes by the 1976-1977 season. Even though these estimates are on the high side, it seems almost a certainty that we will produce 200 million boxes of oranges within 10 years' time. Chart #1 shows the high and low orange production predictions made by the Crop Reporting Service for 5 year intervals based on the orange trees that are al- ready in the ground. Therefore, the entire Florida Citrus Industry is busily engaged in long range planning in order to develop ways not only to increase i~onsumption and demand for Florida citrus fruit and products, but to help the industry to better manage its supplies from season to season in order to keep citrus growing profitable in the future. THE FLORIDA CITRUS INDUSTRY HAS AN ALL-OUT CAMPAIGN TO EXPAND EXPORTS While the Florida Citrus Industry is working on a number of important pro- posals to increase domestic consumption of citrus, one of the most important projects is to increase the sales of our fresh and processed products in export mar- -~iets, primarily Canada and European markets However, `because of the rapidly rising citrus production in many foreign countries shows in Table #1 attached, competition for the major foreign consuming markets has been intense and Florida has never been able to export more than about 3% of its citrus crop. During the 1966-67 record crop year, the industry joined hands in a "three- party" program with the U.S. Department of Agriculture's Foreign Agricultural Service and distributors of Florida citrus abroad in a cooperative promotional effort to market citrus fruit and products in Europe. The initial results were so exciting that during the 1967-68 season over $700,000 was spent by the Flor- ida Citrus Commission in these "three-party" programs. For next season the Florida Citrus Commission has budgeted nearly $1 million as their share in pro- moting our citrus products overseas These "three-party" plans involve 9 Euro- pean countries and are primarily centered on developing consumer interest in concentrated and chilled citrus juices from Florida. The Florida Citrus Industry is deeply grateful to the U.S. Department of Agriculture and its assistance in developing these European programs that will help the Florida Citrus Industy to export more of its citrus crops in the future which will contribute importantly to a more favorable balance of trade for the United States. It is hoped that in a few years we can be exporting either in fresh form or processed products at least 10-15% of our total orange crop. IMPORT TARIFFS ON FOREIGN CITRUS MUST BE MAINTAINED The announcement last year that citrus import tariffs were virtually un- changed following the Kennedy Round of Tariff and Trade Conferences in Geneva was warmly greeted by every citrus grower in Florida and throughout the United States. I appeared before the Trade Information Committee and the U.S. Tariff Commission in Washington on December 17 and 18, 1963 to testify that any reduction in import duties on foreign citrus would spell economic dis- aster for the Florida citrus grower. With citrus production rising rapidly in so many foreign countries, and with their costs of producing citrus and marketing substantially lower than ours because of the low labor costs, and further be- cause most foreign citrus producing countries export more than 1/2 of their citrus crop, the United States would be a prime market for these low cost pro- ducers if the tariffs were lowered. As a result, most citrus fruit and products were placed on the "exceptions list" because of its over-riding national interest. The necessity for retaining these citrus import duties are extremely important today in light of the rapidly increasing production that is forecast for the future PAGENO="0545" 4985 which will guarantee plentiful U.S. citrus supplies for the domestic market at very reasonable consumer prices. Some concessions were gained at the Kennedy Round which will help in the increased exports of FlOrida citrus, including some liberalization of Great Brit- ain's import restrictions to permit entry of U.S. produced fresh grapefruit beginning December 1 of each season instead of holding it back until March 1 when our shipping season is nearing the end. Also there has been some lowering of import duties on canned citrus products shipped to Canada. However, we still have substantial non-tariff barriers in many foreign countries where we would like to expand consumption, especially of concentrate, chilled and canned citrus products. We are concerned with such foreign non-tariff barriers as refer- ence prices, variable levies, unreasonable pesticide residue limitations, import licenses required, specialized label requirements and many other ingenuous devices to hinder the sale of our fruit and products overseas. Therefore I urge the Government to exert every effort, under existing laws, in pursuing the re- moval of these non-tariff barriers. The most important premise that we have stressed in all of our discussions concerning tariffs and trade has been that the Florida Citrus Industry does not seek access to the markets of any country which produces sufficient citrus to supply its domestic market, but only seeks "equality of access" to the markets of those countries which do not produce citrus fruits in any significant volume. RAPIDLY EXPANDING MEXICAN CITRUS PRODUCTION COULD SERIOUSLY HURT U.S. CITRUS INDUSTRY Table #1 entitled "World Orange Production" shows that Mexico's orange and tangerine production averaged under 5 million boxes during the 1935-39 period, but under a policy of government subsidization of citrus growers in Mexico, production last season was nearly 28 million boxes and the crop will have increased by 37% in just 3 years from now. From 1951 to 1965 orange and tangerine trees in Mexico have increased from 12,350,000 to 34,900,000 which is neariy %rds as many orange and tangerine trees as there are in Florida. In spite of the import tariff which amounts to 1ç~ per pound of fresh oranges or tangerines, this season has seen orange imports from Mexico into the United States increase from 258 carloads last year to 2,323 carloads, or a 9-fold increase in just one year. In addition, 422 carloads of Mexican tangerines was sold in the United States this season. If this trend continues it could be disastrous for U.S. citrus growers, especially since the Mexican orange grower can grow, har- vest, pack, transport to port of entry at the Texas border, and pay the prevail- ing duty per 90 lb. box for a sum 50~ per box less than the Florida orange grower. It is interesting to note that while we do have a 1~ per lb. duty on Mexican orange and tangerine imports into the U.S., it is virtually impossible to ship and sell any fresh oranges, tangerines, grapefruit, or processed citrus products into Mexico because of their severe trade barriers. There is an actual embargo on oranges entering Baja California in order to eliminate competition to Mexi- can oranges. Mexico has serious restrictions on the importation of frozen orange concentrate which involves the refusal to issue import permits and a prohibitive tariff. In short, citrus trade with Mexico is a one way street entering *the United States only. MUTUAL SUPPORTS THE PROPOSED FRESH FRUITS AND VEGETABLES MARKET-SHARING ACT OF 1968 Primarily because of the rapidly increasing production of Mexican citrus and its potential threat `to the economy of the Florida citrus industry, Florida Citrus Mutual urges the Ways and Means Committee to favorably consider H.R. 16116 which is referred to as the "Fresh Fruits and Vegetabies Market- Sharing Act of 1968". It would allow Mexican citrus interests to share in the total market without the spectre of flooding `the U.S. market with low cost Mexican oranges and tangerines which could seriously disrupt the marketing of not only Florida fresh citrus fruits, but Texas, California and Arizona also. Florida Citrus Mutual is in full accord with the basic purposes of this Market Sharing Act introduced by Representatives Hhrlong and Rogers of Florida. 95-1.59 O-68---pt. 10-35 PAGENO="0546" 4986 I sincerely appreciate this opportunity to appear before the House Committee on Ways and Means and for your interest in proposals that will not only keep the U.S. citrus industry healthy, but in ways of expanding our citrus exports in order to improve our U.S. balance of trade with foreign nations. Em millions of boxes, and percentj Country ~ Average production, 1935-39 Production, 1965-66 season Production, 1966-67 season Estimated Exports Percent of production, (fresh), production 1971-72 1965-66 exported season United States Florida Other, United States United States as percent of world Algeria Argentina Australia Brazil Egypt Greece Israel Italy Japan Lebanon Mexico Morocco South Africa Spain Turkey Others World total 67. 0 140. 6 187. 5 200 6.9 5 (24.5) (42. 5) (100.4) (40. 2) (144.5) (43. 0) (155) (45) 35. 0 28. 0 32. 0 29 7. 2 3.2 9. 2 2.7 23.0 6.4 1. 5 8.7 11.7 15.9 1. 1 4. 8 .9 4. 2 24.2 1.1 4.1 10.1 16. 4 6.5 36.8 13.0 10. 0 20.8 37.0 51.6 3. 7 27. 2 18.8 15. 6 58.9 10.5 15.9 10.6 23. 5 7.1 36.5 12.4 13. 4 24.9 43.1 64.4 4.4 27. 7 21.3 16. 1 71.7 11.6 16.8 13 6.8 67 25 (1) 10 (1) 45 (1) 16 (I) 18 2. 4 24 31 11.7 56 50 4.8 13 70 (1) 5 (1) 38 (1) 25 13.3 71 20 9. 8 63 80 39.9 68 14 (1) 20 (1) 189. 7 493.4 593. 0 680 95. 6 1 Not available. Source: Foreign Agricultural Service, USDA, except `Estimated Production 1971-72" is projected by Florida Citrus Mutual. CHART NO. 1 Million Boxes 1966-67 `71-72 Florida Crop and Livestock Reporting Service November 1967 175 150 125 100 FLORIDA ORANGES Production Potential of Existing Acreage Projected to 1986-87 275 250 225 200 2 High Range 2 0~ - - - - 196 4~-1 ~7~8 19 10 50 Low Range 0 Basic Assumptions: Acreage: Present 746,000 acres; Loss 1% per year Productivity: Trees 25 years, 100%; 15-24 years, 81%; 10-14 years, 47%; 5- 9 years, 20%; 1- 4 years, none Present Production: 1967-68, low; 1966-67, high `76-'77 `86-87 PAGENO="0547" U.S. DEPARTMENT OF AGRICULTURE ORLD ORANGE PRODUCTION (Includes Tangerines For Some Of The Countries Other Than U. S.) FOREIGN AGRICULTURAL SERVICE PAGENO="0548" 4988 SUMMARY AND R!ECOMMENDATIONS OF FLORIDA CITRUS MUTUAL 1. The Florida Citrus Industry now has retail sales totaling $1 billion an- nually and the American consuming citrus market is the largest in the world. 2. Florida's orange production will probably double within 10 years and there will be plentiful supplies of citrus at reasonable prices for the American consumer for many years to come. 3. The Florida Citrus Industry is looking to export markets as an important outlet for our rapidly rising production nnd is investing considerable sums of money in these export markets. We urge that vigorous efforts be made to remove many of the non-tariff barriers in some of the important European consuming markets. 4. The current tariffs on foreign citrus imports into the U.S. must be main- tained if the U.S. citrus industryis to survive. 5. Rapidly increasing Mexican citrus production could seriously hurt the U.S. citrus industry, and Florida Citrus Mutual recommends the approval by the House Ways and Means Committee of H.R. 16416 entitled "Fresh Fruits and Vegetables Market-Sharing Act of 1968". Mr. HFIRLONG. Thank you, Mr. Rutledge. This information is help- ful to the committee. I note in your statement that you said that the Florida citrus acreage had increased in recent years from roughly 325,000 acres to upward of a million acres at this time. Is there any particular reason for this great increase in plantings of citrus? Mr. RTJTLEDCIE. One is that the price following the 1962 freeze at- tracted a lot of people, a lot of big corporations, but we attribute most of this increase to a loophole in the tax law and that is where it allows a corporation or an individual to plant an orange grove and expense the maintenance of this grove up for `a ~xiriod of 5 years. Now, if this maintenance expense had to be capitalized I think it would be an entirely different situation and this is something that we would certainly like to see done before you go home this session because we need it, and in. the citrus industry when we bring this up people say it is too late. It isn't too late because there will be at least 50,000 to 60,000 addi- tional acres planted in the State of Florida this year with most of it being planted with speculation money as a tax writeoff, sell the prop- erty in 5 years to get capital gains, and most of this money is, I re- peat a.gain, from the outside with the idea of gaining capital gains and is putting them in direct competition with people who wish to be in the citrus business from here on out. Mr. fuRLONG. This loophole that you mention is actually a method under the present law of transferring normal income into capital gain. Mr. RuTLEDGE. Yes, sir. It actually has put many corporations in the citrus business, put a lot of dentists, lawyers, doctors, not that we are particularly against any of those people, but I am sure that they wouldn't have been in the citrus business today if it hadn't been for this tax loophole. Mr. HERLONG. Thank you. Thank you very much. Any further ques- tions? Mr. Conable. Mr. CONABLE. Mr. Chairman. I notice quite a few Jaffa oranges in the market. Are you getting a lot of oranges from that area? Mr. RUTLEIxIE. At this time of year, yes, sir, and they come in and they pay the duty. It amounts to 1 cent per pound and they can still be very competitive at that rate.. PAGENO="0549" 4989 Mr. CONABLE. I am a little confused about your summary and rec- ommendations here. You have as one recommendation: The current tariffs on foreign citrus imports into the United States must be maintained if the U.S. citrus industry is to survive. Is maintenance of the tariffs enough for you with the conditions you described? Mr. RUTLEDGE. Up to this time it has been but with our continued increase in the cost of producing and manufacturing and picking and hauling our crops it will soon not be enough. Mr. CONABLE. In other words, in addition to this recommendation you are interested in some quantitative limitation of imports as well? Mr. RUTLEDGE. Yes, sir; and that is why we support the Herlong- Rogers bill as well because a tariff in itself in the future probably will not be enough. Mr. CONABLE. That is all, Mr. Chairman. Mr. HERLONG. Mr. Watts. Mr. WATTS. Mr. Rutledge, I was very much interested in your state- ment about a lot of people going into the orange growing business for the purpose of gaining capital gains. What is the solution to a situa- tion of that kind? I am fairly familiar with Mr. Herlong's bill. Mr. RUTLEDGE. We think that is the solution. That's the only solu- tion that we see that resembles any remote possibility of solving this problem. Mr. WATTS. In other words, make everybody capitalize the purpose of the ground? Mr. RUTLEDGE. No; capitalize the expense of maintaining that grove for a period of 4 years. Mr. WATTS. A period of 4 years. Mr. RUTLEDGE. Yes, sir. Then if they would still run a loss, then after that period of time if they would lose money on that particular citrus grove, that could be written off as an expense item. Mr. WATTS. But if they made money on it, it couldn't be written off. Mr. RUTLEDGE. That is right. Mr. WATTS. In other words, if I follow you, your idea would be to make the man that comes into the grove business for the first 4 years capitalize all of his expenses in connection with it. Mr. RUTLEDGE. Yes, sir. Mr. WATTS. And even though he kept that grove 30 years if he made money on it he would still be capitalizing it. Mr. RUTLEDGE. Yes, sir; and the way they get their money back then is they have a higher base from which to depreciate on after that period of time. Mr. WATTS. What about people that now have groves and they have had for 10 or 15 years? Would it affect those? Mr. RUTLEDGE. It wouldn't affect them whatsoever. Mr. WATTS. The bill is entirely prospective and not retroactive in any sense. Mr. RUTLEDGE. That is right. It would only apply to trees not in the ground at the time of passage of the bill. It would not be retroactive, sir, that is right. Mr. WATTS. Even though they kept that grove for many, many years they wouldn't be allowed to charge off the expense of spraying it? PAGENO="0550" 4990 Mr. RUTLEDGE. No; all those expenses are-in other words, if you lose money now on a grove that is 5 or 6 or 10 years old you can charge this off to expenses. What we are after here is not to make it profitable. Mr. WATTS. If somebody has had an orange grove we will say for 20 years and he makes money on it-I am just trying to get some infor- mation. I am not familiar with it. I come from Kentucky where we raise tobacco, not citrus fruit-if he, say, has had a growth of 20 years and in 1968 he makes money he is not allowed to charge off as expenses the spraying and the pruning or whatever there is. Mr. RUTLEDGE. Yes, sir. Mr. HERLONG. In that year he can. Mr. RUTLEDGE. This bill that we are referring to would only affect young growers put in the ground and only would affect those young groves up to 4 years. Mr. HERLONG. If I may explain to the gentleman- Mr. WATTS. I guess I got off the track. Mr. HERLONG (continuing). An orange grove doesn't produce any crop for the first 4 years so what you are doing is building up a capital. investment and some people are building up this capital investment by the use of normal income and charging it off as an expense rather than as capital outlay. Mr. WATTS. Then they sell? Mr. HERLONG. Yes; and get a capital gain on the difference between what they paid for the row land and what they sell the production grove for. Mr. Watts. I can see the loophole there but if I understood him, he said if a man cont.inued to own that grove for 20 years and made money on it he would still be in the same position. Mr. RUTLEDGE. No. Mr. HERLONG. No. He would still add to the capital cost of t.hat orange grove the money spent in producing it for the first 4 years but after that each year stands on its own bottom. Mr. RUTLEDGE. That is right. Mr. WATTS. Well, at the end of the fourth year he would have a capital investment of x dollars. Then after the fourth year whateve.r expense he was out in producing fruit would be a deductible expense; am I correct? Mr. RUTLEDGE. That is correct. Mr. WATTS. That sounds fair to me. I misunderstood. I thought I asked you if he continue to have it for 20 yea.rs would he still have to capitalize all of the expenses on it. I thought you answered me by say- ing if he made money he would. Mr. RUTLEDGE. No; I didn't mean to say that. Mr. WATTS. What I misinterpreted that you meant was when he did sell it if he had it 20 years he had a capital gain on the expense that he had had for the first 4 years. Mr. RUTLEDGE. That would still be. Mr. WATTS. After that he is just like anybody else that is farming. He charges off his current expenses against current income of that year. Mr. RUTLEDGE. Yes, sir. Mr. WATTS. That sounds reasonable. Thank you, sir. PAGENO="0551" 4991 Mr. RUTLEDGE. Yes, sir. Mr. HERLONG. Are there further questions? If not, we thank you very much, Mr. Rutledge, for your testimony and for your help to the committee. Mr. RUTLEDGE. Thank you, sir. Thank you, gentlemen, very much. Mr. HERLONG. The next witness is Mr. Daniel R. Gallagher. Mr. Gallagher, we welcome you to the committee and will you identify yourself for the record and proceed and also identify those with you. STATEMKNT OP DANIEL It. GALLAGHER, DIRECTOR, `GREEN OLIVE TRADE ASSOCIATION; ACCOMPANIED' BY G. K. PATTERSON, CALIFORNIA OLIVE GROWERS & CANIIERS INDUSTRY COMMIT- TEE, A~I) JOHN E.. NOLAN, JR., LEGISLATIVE COUNSEL Mr. GALLAGHER. Thank you. Mr. HERL0NG. May I suggest that the House has gone into session now and we may be called away for a quorum call in a very short time. I just wanted to let you know that. Mr. GALLAGHER. All right. Fine. Thank you, Mr. Ohairman. My name is Daniel R. Gallagher. I am director of the Green Olive Trade Association. The gentleman on my right is G. K. Patterson, representing the California Olive Growers & Canners Industry Com- mittee,' and Mr. John Nolan on my left who is our legislative counsel. Our organizations represent virtually the entire California can- fling industry. The purpose for our being here before you this morning is to acquaint you with an inequity in the tariff that is, in our esti- mation, posing a threat to our industry. Basically, the problem arises in that the tariff structure as it exists today does not differentiate between the duty applicable to bulk- or retail-size containers. If retail-size containers had been in effect at the time that the duty was applied, in all probability' they would have taken on a different tariff duty than that which exists now. Because of this disparity in the tariff structure the Spanish Gov- ernment has recently taken advantage of this gap to develop the olive bottling industry organized, controlled, subsidized, and aimed directly at the U.S. market which is their principal export market. Over `the past few years the imports of bottled olives have increased by 100-fold to the point where they will, during the current fiscal year, account for approximately one-third of the total market. Wi'thout appropriate legislation approved by this committee and promptly enacted, the American olive industry as it exists today can- not survive. We wish to point out the composition of the industry, the tariff as it presently exists, `the threat that this competition poses to our in- dustry, and the proposed relief that we would like to realize. The industry is presently cOmprised of two segments, the Cali- forma-style or black, ripe olive industry, whicth is entirely domestic in nature, grown, processed, packed in the United States. The other basic style is the Spanish or green olive. Traditionally, most green olives imported and sold in the United States originate in Spain and are shipped to this `country in bulk containers, wooden casks or barrels, with several hundred pounds' capacity. PAGENO="0552" 4992 Until recently, bottled olives were not introduced into the American market. In .a recent year, 157 million pounds of olives were consumed by the American public. Fifty-one percent of these were Spanish origin, 43 percent California, with 6 percent being miscellaneous. The industry is comprised of three distinct segments-bottlers, growers, and processors. The bottlers consist of 60 firms operating ap- proximately 70 pla.nts located throughout the United States whose principal activity is importing bulk olives for packaging and retail sales. * Many of these firms are family businesses which have perpetuated themselves through several generations of service. Others are present- ly divisions of larger companies and chainstores. For the most part, they are located around the major metropolitan areas such as New York, Chicago, St. Louis, Houston, Philadelphia. They employ thou- sands of workers and perform the function of inspecting, washing, packing, brining, and marketing the product that originates in Spain. The machinery utilized for this purpose varies from a relatively simple operation to a complicated modern laborsaving setup. There are approximately 25,000 olive groves in the United States, virtually all of them in `California, occupying around 32,000 acres. For this purpose, the land has great economic value as the consumption of California-type olives has increased over the last 20 years. The present on-farm value of this crop has exceeded $10 million. They employ around 2,000 permanent employees, in peak harvest reaching 10,000 workers. Many of the `growers are members of one of the three large cooperatives that process, pack, and sell California olives. The remainder sell their output to `the nine independent pack- ers of California fruit. There are nine remaining from `the 30 or so that existed in the late 1950's. The industry itself is comprised `of a highly mechanized pack- ing and processing operation, representing' a multimillion-doliar investment. The essential facts. about the U.S. tariff on olives is that the tariff does not differentiate between bulk and imports in smaller containers. The duty is the same on olives whether they are imported in a 900- pound cask or a 2-ounce bottle. Basically the duty, as the tariff reads, is either on a 30-cent-per- gallon basis, which is approximately 15 percent ad valorem, or 20 cents a gallon, which is 17 percent ad valorem. The California-style olives which are presently not imported would be dutiable at 5 cents per pound for an effective rate of about 11 per- cent ad valorem. The last few years have seen the emergency of an olive bottling industry in Spain, monolithic instructure and aggressively supported and guided by the Spanish Government. In April 1966, Libby Espana, S.A., a wholly-owned subsidiary of a U.S. corporation, began operations with substantial shipments of olives in retail-size glass containers to this country. It has since been joined in this enter- prise by other Spanish olive bottling concerns and by Cadesa, a govern- ment-sponsored organization comprised of Spanish bulk olive exporters. Together they have achieved the dramatic penetration of the Ameri- can bottled olive market as we represented by the graphs in the front of our statement. * PAGENO="0553" 4993 The United States through the years has represented about 80 per- cent of Spain's market for exports of bulk olives. They have now set upon a program to convert these olives into glass as opposed to ex- porting them in bulk. Under the program the Government now determines the types, the qualities of the olives, the containers, the exports, and to what mar- kets, prescribed sales and payment methods, and retains the right to fix export prices. I would like to point out that they are presently exercis- ing this right. The industry has been highly subsidized since a Spanish Minister of Agriculture order of March 1965, at which time they implemented a program for development that provided for various concessions for industrialization and expansion of their glass-packing capacity. The 1967 Tariff Commission report notes that the incentives have been granted to Libby, Cadesa, and other Spanish exporters. One of the principal factors and benefits they derive is a 12-percent turnover tax on the value of exported goods which is paid to the bottle exporters and constitutes a direct export subsidy. Exports in bulk have not re- ceived any of these subsidies as do bottled olive export to the United States. This existence today represents a very direct threat to the importers of bulk olives from Spain and potentially represents a threat to the California olive growers likewise. Should the program continue of subsidizing the industry it is only going to be a matter of time before eventually it takes over the entire American market. The damage has already been partially done to the bottlers of green' olives. At stake are thousands of jobs of bottling employees, capital investment that has been undertaken by the olive growers in Cali- fornia, the amount of land disposed to growing of olives in California, and the attendant business that is done with related manufacturers of caps, glass bottles, and other industries. `There is practically no'thing the American industry can do to avoid these losses. We recognize the inconsistencies in the labor picture be- tween the United States and Spain and this is basically something that we feel we can live with but we cannot live with the subsidy that the industry is presently enjoying in Spain. It cannot be applied to a more economical method of producing the products `because basically they cannot produce more economically than we can. For the most part, the olive groves `of California cannot be used for any other purpose, and I think this is a very significant factor when you relate the orobable impact on the industry. Presently House bill 11247', which has been introduced by Congress- man Utt of your committee and 14 other House Mem'bers, as well as a corresnonding piece of legislation in the Senate cosponsored by Sen- ators Dirksen and Kuchel wherein they are proposing a 50 percent ad valorem duty on sealed containers containing less than 11/2 pounds of olives, the proposed `bills represent a sensible solution to the problem. Had this retail-size packing industry existed at `the time that the tariffs were originally adopted it is reasonable to assume that some provision would have `been made for this segment of the industry. PAGENO="0554" 4994 The proposed 50 percent will possibly place the domestic industry in a competitive position with the subsidy program presently existing in Spain. This legislation will not take away the Spanish exporters' market for olives. Even without the sale of bottled olives the United States uses about 97 percent of the olives from Spain or sold as a green olive in the United States. The bills proposed would merely take away the advantages of the outdated tariff structure and aggressive Government support presently provided the Spanish industry. Prompt enactment of these bills will be instrumental in preserving the industry. If I may state from my own situation, unless we get some kind of recognition of the problem with which we are confronted it isn't a matter of whether we want to continue to operate as we are or not; the economic facts of life will almost preclude our existence as an industry within the next few years. Mr. HERLONG. Thank you, Mr. Gallagher. I notice that you de- parted from your statement. Would you want your full statement to appear in the record ~ Mr. GALLAGHER. Yes, please. (Mr. Gallagher's prepared statement follows:) STATEMENT OF DANIEL R. GALLAGHER, DIRECTOR, GREEN OLIVE TRADE ASSOCIATION, INC., AND CALIFORNIA OLIVE GROWERS & CANNEBS STATEMENT OF THE PROBLEM This Statement is presented by the Green Olive Trade Association and the California Olive Growers and Canners Industry Committee. Together these or- ganizations represent nearly all of the principal independent importers of Span- ish olives and virtually the entire American olive growing and canning industry. The threat which confronts these organizations and their members is relatively new. It arises because our tariff schedules do not differentiate between olives im- ported in bulk and olives imported in small retail-size containers. This differen- tiation is made in the case of other imported food products, and it probably would have `been made for olives if the importation of bottled olives had been consid- ered a possibility when our tariff laws were enacted. Because it was not, a gap has existed in our tariff structure. It is this gap which the Spanish government has taken advantage of to force the development of an olive bottling industry organized, controlled, subsidized and aimed directly at the United States market. Over the past few years our imports of bottled olives have increased more than 100-fold as the accompanying graph shows. During the same period the im- ported product has captured about one4hird of the total market. It is well on its way to capturing the rest. Without appropriate legislation, approved by this Committee and promptly enacted, the American olive industry cannot survive. This Statement will discuss in turn the American olive industry, our present tariff treatment of olives `and the basis of the threat posed by Spanish bottled olive imports. It will conclude with a brief discussion of the legislative relief the industry considers essential to its continued existence. THE AMERICAN OLIVE INDUSTRY To understand the American olive industry it is helpful to think of it in terms of the two basic kinds of table olives used here. The so-called "California-style" or ripe olive is black. It is entirely a domestic product, grown, processed and packed in the United States. The other basic type is the so-called "Spanish-style" or green olive. Tradi- tionally most green olives have been grown in Spain and shipped to this country PAGENO="0555" 4995 in bulk containers-wooden casks or barrels-of several hundred pounds capac- ity. Until recently, most green olives have been packaged in this country, usually in bottles. In a typical recent year Americans consumed 157 million pounds of olives. Of these, some 79 million pounds or 51% were Spanish-style (green) olives; 70 million pounds or 43% were California-style (black) olives and the remaining 6% was comprised of Greek, dried, and other miscellaneous types. The American olive industry has developed over the years in three distinct groups: bottlers, growers, and processors. The bottlers consist of some 60 firms operating more than 70 plants where im- ported bulk olives are packaged for retail sale. Many of these are small family businesses, some with a record of several generations of service. Some are divi- sions of larger food companies or chain stores. For the most part they are located around the major population centers, principally: New York, Chicago, Cincin- nati, Detroit, Houston, and Philadelphia. They employ thousands of production and related workers. They perform the important functions of washing the olives under high pressure water sprays, inspecting them to remove defective olives, packing them in salt brine lactic acid solutions into bottles that are vacuum capped and labeled. Their machinery varies from simple equipment in small plants to the complicated stainless steel labor-saving equipment that many have added in recent years. There are approximately 2,500 olive growers in the United States, virtually all in California where they work some 32,000 acres devoted exclusively to olive production. For this purpose the land has great economic value as the consump- tion of California-style olives has doubled over the period of the last twenty years. In recent years the on-farm value of their crop has exceeded ten million dollars. They have some 2,000 permanent employees and their employment at harvest peak reaches approximately 10,000 workers. Many of the growers are members of one of the three large cooperatives that process, pack and sell California olives Those who do not belong to a coopera- tive sell their crop to the independent processing firms. There are nine process- ing firms now remaining from the 30 or so that existed in the late 1950's. The processors employ thousands of additional workers and have a multimiflion dollar investment in the high speed pitters, slicers, fillers, washers, continuous cookers, vacuum packing machines and other modern equipment necessary to their businesses. TARIFF TREATMENT OF OLIVES The essential fact about the United States tariff on olives is that our tariff schedules do not differentiate between imports in bulk and imports in smaller containers. Thus, unlike the treatment of many other food products, our domestic olive packers and their employees receive no protection. The duty is the same whether olives are imported in 900 pound casks or 2 ounce bottles. Nearly all imports on Spanish-style olives are dutiable under one or the other of two TSUS categories: Item 148.50, at 30 cents per gallon, or Item 148.44, at 20 cents per gallon. These are specific rather than ad valorem rates and they have remained unchanged since 1930. Their ad valorem equivalents based on the values of the market year 1965-66 are 15% and 17% respectively, as nearly as can be figured from known data. During that year 73% of olive imports came in at the effective rate of 15% ad valorem and 20% at the effective rate of 17% ad valorem. If California-style olives were imported (they have not been to date in any significant quantities) they would be dutiable under TSUS 148.56 at 5 cents per pound, an effective rate of about 11% ad valorem. EMERGENCE OF THE SPANISH THREAT The last few years have seen the emergence of an olive bottling industry in Spain, monolithic instructure and aggressively supported and guided by the Spanish government. In April, 1966, Libby Espana, S.A., a wholly-owned sub- sidiary of a United States corporation, began operations with substantial ship- ments of olives in retail-size glass containers to this country. It has since been joined in this enterprise by other Spanish olive bottling concerns and by CADESA, a government-sponsored organization comprised of Spanish bulk olive exporters. Together they have achieved the dramatic penetration of the American bottled olive market shown on the graph on page 4998. PAGENO="0556" 4996 Spain has been for many years a major world exporter of olives, although re- cently nearly 80% of Spain's olive exports have been shipped directly to the United States. In an effort to convert those exports from bulk to bottles, the Spanish government has moved into a comprehensive program of control. Under this program the government now determines what types and qualities of olives and olive containers may be exported to what markets, prescribes sales and pay- ment methods and retains the right (recently exercised) to fix export prices.1 The Spanish olive bottling industry has been developed by a program of substantial subsidies-direct as well as indirect. This program is described in the Order of March 3, 1905, issued by the Spanish Ministry of Agriculture (as reported in the USDA Foreign Agricultural Service Report, AGR #65, dated March 29, 1900, and entitled "Spain: Government Programs for the Expansion of Spanish Agriculture"). Quoting from that publication, the benefits are li~teth as follows: 1. Freedom to amortize equipment in the firstS years. 2. Government credit priority. 3. Compulsory expropriation of land (for erection of plants). 4. Reduction of up to 95 percent of Excise Tax (Licencia Fiscal) during the time of installation. 5. Reduction for 5 years of up to 50 per cent on tax levied on capital yields (Impuesto sobre las Rentas del Capital) derived from loans issued by Span- ish and foreign banking and credit organizations, provided such yields are applied to the financing of new investments. 6. Reduction for 5 years of up to 95 per cent of Estate or Patrimonial Trails- fer Tax, (Impuesto General sobre Transrnisiones Patrimoniales y Actos Juridi- cos) and legal documents thereto, as levied on establishment of firms or caiptal expansions. 7. Reduction for 5 years of up to 95 per cent of Turnover Tax (impuesto General sobre el Trafico de las Empresas) paid on sales which serve to ac- quire foreign equipment goods for establishment of new industries. 8. Reduction for 5 years of up to 95 per cent of import duties and compensatory duties (Derechos Arancelarios and Impuestos de Compensacion de Gravamenes Interiores) levied on imports of equipment goods and the materials and/or products incorporated into the equipment manufactured locally. 9. Up to 20 per cent subsidy on :ictu'~l inve~tments. 10. Reduction for 5 years of up to 95 per cent of Municipal taxes (Arbitrios o Tasas de las Corporaciones Locales) applied to the establishment of new indus- tries or the expansion of existing ones. The 1967 Tariff Conunission Report2 notes that these incentives have been granted to Libby Espana, CARESA, and Aceitunera del Aijarafe, and that the Spanish government also refunds the Spanish turnover tax and local indirect taxes previously paid on products that are exported. This tax refund amounts to 12% of the value of the exported goods, paid to the bottled olive exporters, and constitutes a direct export subsidy for bottled olives. Exports in bulk have received none of these subsidies during the period of spectacular growth of bottled olive exports to the United States.2 WHY LEGISLATION IS APPROPRIATE American growers and processors of olives-a major agricultural industry in California-must inevitably confront the same threat to their existence. Although U.S. bottlers have borne the brunt of subsidized Spanish exports so far, our growers are equally vulnerable. Spain is already exporting California-style ripe olives to countries other than the United States, and has also sent samples of such olives to the United States. Should it begin a program of subsidizing canners of ripe olives as it did for bottlers of green olives it could take over the entire American market. ~ Through the use of an Exporter's Card (Carta del Exportador) and a cartel-like managing group for the entire Spanish olive industry (ACEMESA) the `Spanish government has extended its control to the smallest details of olive packaging and export. 2 United States Tariff Commission, Olives, Report to the United States `Senate on Investi gation' No. 322-51, 1967, pp. 14-15. 3Late this Spring the Spanish government made a similar benefit (11% tax refund) available for bulk exports, but the government-established minimum prices prevent this from having any price reduction effect. PAGENO="0557" 4907 The damage already done to bottlers of green olives in the United States and the threat facing ripe olive producers and canners is substantial in national terms as well as in terms of the individuals and businesses which are directly affected. At stake are thousands of jobs of bottling employees, capital investments of millions of dollars in plants and equipment, at least 40 million dollars worth of investment in olive groves, and the sole or principal source of income of 2,500 California olive growers and additional thousands of harvest workers. In addi- tion, some eight million dollars worth of annual business for American manu- facturers of caps, bottles, cans, labels and other supplies is in jeopardy. There is practically nothing the American olive industry can do to avoid these losses. It has already invested heavily in modern labor-saving equipment and plants. It cannot reduce U.S. wage rates to Spanish levels, nor can it obtain the governmental subsidies and rebates which are available to Spanish bottlers. It cannot use much of its machinery for other purposes, since most was specifically designed or adapted for olives. For the most part, the olive groves in California cannot be used for other purposes. In recognition of these harsh facts, fifteen Members of the House of Repre- sentatives and Senators Dirksen and Kuchel have within the last year proposed legislation to create an additional tariff category for olives imported in sealed containers holding less than 91/2 pounds.4 The new tariff category would have a higher rate of duty (50% ad valorem) than the duties on bulk. The duties on olives imported in bulk would remain unchanged. The proposed Bills prescribe a sensible tariff classification. Had there been a retail-size packing industry in Spain when our tariff structure was adopted, it is virtually certain that our laws would have reflected this distinction. We have readily accepted it for other food products and other nations have recognized it for olives as well. The proposed 50% ad valorem duty is reasonable in the light of the govern- ment-assisted price warfare to which the American olive industry has been sub- jected. It can be demonstrated that this duty is appropriate on the basis of import prices made possible by the strong hand the Spanish government is playing in the international olive trade. This legislation will not take away from Spanish exporters any market that they have traditionally enjoyed. Even without sale of bottled olives here they would continue to have a virtual monopoly (97%) of the United States market for green olives through sales in bulk. The Bills proposed would merely prevent them from taking advantage of an anomalous outdated tariff structure with aggressive government support in order to eliminate the American olive industry. Prompt enactment of the Bills is necessary to preserve that industry. Mr. JTERLONG. Without objection it will so appear. Do you other gentlemen care to testify? Mr. NOLAN. No, not unless there are questions. Mr. }IIERLONG. Are there any questions? Mr. Burke. Mr. BURKE. In Spain do they subsidize the olive industry there? Mr. GALLAGHER. Yes. Mr. BURKE. The big problem, as I understand it from the mail I am receiving from the people back home, is that in recent years there has been a change in the method of shipping olives here to the United States. Before they used to ship them in large barrels and now they are arriving here in small containers. They have more or less displaced a lot of the olive packaging industry here. Is that true? Mr. GALLAGHER. That is correct. Mr. BURKE. Is the same rate of tariff paid when they are shipped in by bulk as they are in small containers? 4H.R. 11247. introduced by Congressman Tunney; H.R. 1i1286 introduced by Congress- man TJtt, and H.R. 11743, introduced by Congressmen Sisk, Betts, Burke, Johnson, Mathias, Teague, Tunney, Talcott, Moss, McFall, Gubser, Leggett, and Clausen. PAGENO="0558" 4998 IMPORTS OF SPANISH BOTTLEDOLIVES (Millions of Pounds) 20__ I I I `5 I I I 0 Note: During December 967 and January-April 968, a period of 5 calendar months, 9 million 10 5 pounds of bottled olives were imported into the United States--over three times the amount imported for the comparable five months of the prior campaign year. The rate of imports is increasing dramatically, but even if it were projected without increase, the I ~ total for the 1967-68 crop year would esceed 21 milhon_pounds. Source: Figures for /963-64 through /965-66 from Report to the U.S. Senate on investigation No. 332-5/, March 3/, /967, figures for /966-67 and /967-68 from "informac/ones y Estadisticas Sobre La Ace/tuna" -Ventura de Ia Vega, Seville. 21.6 (at 4/30/68) 963-64 1964-65 965-66 966-67 1967-68 PAGENO="0559" 49~o Mr. GALLAGHER. The tariff structure as it presently is set up applies on a gallonage basis and does not differentiate as to the form in which they are imported. Mr. BURKE. What do you believe is the answer to it? Mr. GALLAGHER. We believe that the only possible answer to the sub- sidy program would be to recognize this inequity in the tariff structure and to provide for it in the form of an ad valorem duty on glass. This is not related to the problem, if I might say, purely of labor because 90 percent plus of the product sold in this country in retail-size containers is machine-packed and while there is a distinct differential in the labor cost existing between the United States and Spain, as a percentage of total cost it is not great. Mr. BURKE. I would like to point this out too. I notice that the quan- tity, in millions of pounds, in the small containers was increased from 0.5 in 1965 and in 1968 the January to April figures indicate that that has risen up to 8.4. Mr. GALLAGHER. Is this from the graph? Mr. BURKE. I have some information here from the Tariff Commis- sion. That is the quantity in total imports of Spanish style olives. They have gone up to 8.4. Mr. GALLAGHER. This is what period now? Mr. BURKE. That is the percent of production. Mr. GALLAGHER. In million of pounds? Mr. BURKE. In million of pounds, yes, sir. Mr. GALLAGHER. Right. Of course the problem didn't originate until around 1963. In 1963 and 1964 it was in its developmental stages and it subsequently started to take hold and has now become a very significant problem. Up through April of this year for a 5-month period it has gone up to about 9 million pounds as opposed to the same comparable period, say, back in 1965-66 of 1.2 million pounds. We are estimating this year it will be about 21.6 million pounds. Mr. BURKE. Thank you very much. That is all, Mr. Chairman. Mr. HERLONG. Mr. Utt. Mr. Urr. I notice in your statement you list wt least 10 subsidy incentives granted for exports but y~u did not speak about them when you were giving your oral testimony and it would seem to me that any one, two, or three of these would be sufficient to develop a countervail- ing duty on exports from Spain. Have you had any countervailing duties assessed on imports from Spain? Mr. GALLAGHER. We have tried to effect a countervailing duty pri- marily on the premise that they are given a 12-percent drawback on the value of exported goods, tax drawback. We have not approached it from the standpoint of these other items that are stated here. Whether or not this could be substantiated would be difficult to ascer- tain because it is my understanding that these same benefits are derived by any industry presently being developed in Spain for the purpose of converting raw materials into finished goods. Mr. Urr. One thing that is missing from your testimony is the time that it takes to produce an olive tree and an olive crop which differen- tiates it completely from tomatoes, or cotton, or any other annual crop that we have and I wish you would put that in the record.~ How long does it take to produce an olive tree that produces commercially? PAGENO="0560" 5000 Mr. GALLAGHER. It takes approximately 10 years to bring an or- chard into production. Mr. Urr. Ten years? Mr. GALLAGHER. Ten years. Mr~ TJTT. Which means that if the assault that is now being made on the olive market in America is successful they are not going to start an olive grove very quickly again and it will destroy an industry prac- tically forever and it would be possible under this cartel system that they have and the supports on exports for Spain to completely capture the American olive market, would it not? Mr. GALLAGHER. This is true. Mr. TJTT. Thank you. Mr. HERLONG. Any further questions? Mr. Betts. Mr. BETTS. I have no questions, Mr. Gallagher, but `I am pleased that you are here and have given this statement to us. There are two olive bottling plants in our district. The case you make is with refer- ence to the bottling industry, and not the processing because the pro- cessing is done in Spain, is that correct? Mr. GALLAGHER. That is right. Mr. BETTS. And the only problem is that of shipping olives in bot- tles from Spain for sale in the American market in competition with olives bottled in this country. Mr. GALLAGHER. That is correct. Mr. BETTS. Thank you. Mr. HERLONG. Mr. Broyhill. Mr. BROYHILL. How does the importing of the green olive injure the growers of ripe olives in California? Or does the amount of tariff affect only the bottle industry of California? Mr. GALLAGHER. Potentially. Let me turn this question over. Mr. BROYHILL. It is a different type Of olive, isn't it, used for dif- ferent purposes? Mr. PATTERSON. What is actually happening to the bottlers of the green olives today perhaps can be described as the potential threat to the ripe olives which the California industry is dependent upon al- most entirely for their economic well being. Mr. BROYHILL. Would the consumer eat more green olives rather than ripe olives? Mr. PATTERSON. No, but our concern is that the policies the Spanish Government is now embarked upon to encourage industrialization of. plants, they have plenty of olives there they can make into ripe olives and package them and send them in here and do the same thing to the California olive industry that is already happening, and we have a big investment in orchards and the whole economic structure out there. Mr. BROYHILL. Thank you. Mr. PATTERSON. We are in trouble. Mr. HERLONG. Thank you very much for your appearance before the committee. We appreciate it. Mr. GALLAGHER. Thank you very much. Mr. HERLONG. I recognize the gentleman from California, Mr. TJtt. Mr. TJrr. Our next witness is Mr. Ed Crane from Santa Ana, Calif. He represents the chili industry in the State of California, having a large plant in my district, and this group represents about 90 percent PAGENO="0561" 5001 of the production of chili products. Mr. Crane is an able representative and a great citizen of our community, as was his father before him. I want to apologize for the lack of members today but we got caught in a legislative bind so the House convened at 11 o'clock today instead of 12 and you are suffering from a lack of an audience. I assure you that the members of the committee will read carefully the statement that you make to us. Thank you for coming. Mr. HERLONG. Mr. Crane, we welcome you to the committee. If you will identify yourself and the gentleman with you for the record and proceed in your own way we will be glad to recognize you. STATEMENT OP W. ED CRANE, IN BEHALF OP CAL-COMPACK FOODS, GENTRY CORP., SANTA MARIA CHILI, TN0., AND UNIVERSAL FOODS CORP.; ACCOMPANIED BY LEWE B. MAB.TLN, OOUNSLL Mr. CRANE. Thank you, Mr. Chairman and my friend Mr. Utt. I am W. Ed Crane, vice president of Cal-Compack Foods and I appear here today on behalf of the four domestic chili pepper and paprika pro- ducers listed below: Cal-Compack Foods, Santa Ana, Calif.; Gentry Corp., Glendale, Calif.; Santa Maria Chili, Inc., Santa Maria, Calif.; and Universal Foods Corp., Westminster, Calif. I have with me Mr. Lewe B. Martin of the law firm of Pope, Ballard & Loos. Mr. Chairman, I would like permission to read portions of rthe testimony which you have and then speak extemporaneously to the balance of it but I would like it in the record as it is. Mr. HERLONG. Without objection your entire statement will appear in the record. Mr. CRANE. Thank you, sir. The four companies which I have spoken of account for 90 percent of the chili pepper and paprika prod- ucts produced in the United States. Our particular interest in these hearings is to oppose the further delegation by Congress to the President of the authority to negotiate trade agreements contained in section 201 of H.R. 17551. Section 201 has been represented as necessary by the administration for housekeeping requirements in case the President should raise duties under section 351, .the "escape clause" or if a tariff rate should be increased because of a customs reclassification. The record shows that 12 industries have applied for relief under the escape clause and all have been rejected at the Tariff Commission level. H.R. 17551 while relaxing the criteria for firms and workers continues the same rigid requirements for industries and indeed as Ambassador Roth clearly stated in his address to the U.S. Chamber of Commerce on May 21, 1968, the administration has no intention of according any industry tariff relief. It is true that in some few rare cases an upward duty adjustment has resulted from a customs reclassification and in these cases the U.S. negotiators have bent over backwards to compensate complaining foreign countries. However, the vast majority of judicial decisions or administrative reclassifications have resulted in tariff reductions for which no compen- 95-159 O-68--pt. 1O-36 PAGENO="0562" 5002 sation to the United States has ever been negotiated. The plain facts are that the United States has an overwhelming credit balance in these matters. Under the circumstances it would appear there is no need for further tariff cutting authority unless in this bill there is some intent to slash duties on those items which were reserved by the Kennedy round or were import-sensitive and therefore left out. At this point I would like to deviate from the reading of the testi- mony, Mr. Chairman, and speak to two or three of the points that we cover in this testimony. We appeared in 1963 and ngain in 1964 as an industry before the Tariff Commission and the Trade Information Committee to present our case for reservation in the Kennedy round. We are at the present time bringing up these industry figures and rewriting the report that we presented to the TIC and the Tariff Commission at that time and Mr. Chairman, we would like permission to submit that document when it is completed to this committee if that is possible. Mr. HERLONG. Without objection it will be done. (The information referred to was not received by the committee by the time hearing went to press.) Mr. CRANE. A little bit on the background of paprika and chile pepper, which are tied together as far as our industry is concerned, but which are two different items as far as the countries from which they come. Most of the parprika imported into this country comes from either the Mediterranean countries or the Balkan comitries and Hungary which is sometimes included in the Balkan countries. All of these are non-GATT countries with the exception of Spain and Spain produces, or ships to the United States, about half of the imports that come into this country, so Spain obviously has a significant effect as far as setting the price is concerned in the market place. The history of Spanish imports or imports from Spain has been a rather steady amount as far as the actual amount of pounds imported. From right after the war until about the midfifties Spain had a strict government control and the Spanish Government actually set the price at which Spain would ship paprika to the United States. Then along in the midfifties the Spanish Government withdrew this type of control and more or less established a free market, but at the same time they put on an export bounty or subsidy, if you would, of 12 percent so that the Spanish exporter if he produced and sold at the cost would have a 12 percent profit just on the basis of the bounty that he got in orderto bring U.S. dollars into Spain. This has been going on for about 10 or 12 years now and in Spain, as I say, the market has fluctuated in a range of 33 cents, probably plus or minus 10 percent, and the Spanish producer has continued to ship into this country. If Spain produces a lot of paprika the prices go down. If the crop is short the prices go up. But as Spain goes so go the rest of the countries involved. Another thing that is critical as far as Spain is concerned is that in November of last year with the devaluation of the pound, Spain because of her high trade with the United Kingdom 2 days later de- PAGENO="0563" 5003 valuated the peseta, which is their currency, about 14.4 percent, the same as the British devaluation. Immediately the Spanish quotations to this country dropped 14 percent. Within a day we were getting new quotations of a 14 percent less price so with the devaluation they just dropped their prices 14 percent. A couple of days later the Spanish Government was concerned that other countries were reaping the benefits of their devaluation and so they applied an export tax. They left the 12 percent export bounty on but they reapplied back an export tax which was 3 pesetas per kilo or about 6 percent, this in order to recover for the Spanish Govern- ment a part of the benefit that we might reap or any other country might reap outside of the United Kingdom. They kept this on until about the first of March when after a meet- ing with the paprika industry over there, representatives and so forth, they determined it was best to take it off and so they took the 6 percent export tax off on the first of March and immediately the price dropped back down. In other words, the bounty paid and the export tax applied directly affected the quotations of the Spanish exporter to this country. Obvi- ously our paprika industry, which is relatively a small industry and certainly well controlled to a great degree by the imports-this is not included in this statement here but a point I might make is the total paprika industry in this country is about 17 million pounds and about 12 million pounds of that is imports, six of the 12 coming from Spain. The balance of the 5 million pounds is produced in the United States. This is an industry that has grown and in answer to a question on the previous testimony our internal production is growing ait about the same rate as our imports. In other words, there is not much deviation. We are holding our share of the market under the present conditions. I would like to speak a little bit about Mexico and the position that we are in with Mexico as pertains to chili peppers. Mexico produces no paprika for all practical purposes, a little bit for their own home consumption. They import none to my knowledge. They use very little but they are a large producer of chili peppers. In fact they produce more chili peppers in Mexico than we do here in the United States and about 45 percent of our U.S. consumption comes from Mexico. Mexico does not belong to GATT. It has always reaped the benefits of any negotiations which we have had with GATT but at no time have they shown any favoritism toward us. In Mexico chili peppers have an ad valorem duty of 35 percent and in addition to this you must get a permit to ship into Mexico. With very few exceptions I would say there has been no exportation of chili peppers from the United States to Mexico in the last 20 years. In 1962 the Mexican Government in order to try to control the pro- duction and establish a stabilized price of Mexican chili peppers went into a subsidization program and they bought chili peppers from the farmers and producers at a fixed price and then sold them at whatever they could get for them. There were peppers actually purchased in that year. We bought some ourselves because of a severe heatwave `that curtailed about 40 percent of the California crop. PAGENO="0564" 5004 In other words, our crop was down 40 percent so we had some available down there and we actually bought peppers at half what the Mexican Government paid the Mexican farmer for them. The Mexican Government, according to the information that they gave me, lost about 12 million pesos on this type of subsidization program in 1962. They actually dumped most of it in the United States. Since that time they have still been active but the market has stablized so that we have had no real adverse effects since then. About 9 million pounds of chili peppers actually came into the United States from Mexico last year and about half of this 9 million pounds, and these figures will be available in the report that we will submit later on exactly, came in ground form and was ground of course by Mexican labor .and at Mexican wages, which is about one-fifth of our wage in California at the present time, so it is a little difficult to compete with them. Any concession that we were to give as far as these agreements would obviously help Mexico and in that they could export more to this country. I have one other thing that I will skip over that I would like to speak to. Do I have more time, Mr. Chairman? Mr. HERLONG. Yes, go right ahead. Mr. CRANE. Specifically we have mentioned in the statement the price squeeze. We have discussed a little bit about the effect of Mexico and of Spain on the price which we are able to sell our product for. The price-cost squeeze of course affects us as it does all industry but I would like just to bring to the attention of the committee two specific things which are beyond our control and which have a vital effect on the chili pepper industry. One of course is the act of Congress which took away from agricul- ture the braceros, which all of you are very well aware of. This actually increased our cost when we had to replace the bracero with local labor which was less efficient about $100 an acre which is more than the profit the farmer normally gets from it. Our cost went up from about 40 percent as far as the actual wage rate was concerned but the efficiency of the local itinerant labor avail- able is about 60 percent of what the Mexican national was so we have obviously had a hardship laborwise as far as the California farmer is concerned due to this act of Congress. Just recently, which would appear somewhat innocuous in the month of May the Secretary of Agriculture, whom I understand controls the subsidization on the sugar beet industry, has the right to establish what the going wage is to be used in the farming of sugar beets; that is, in the hoeing, and thinning, and so forth-on May 24 I understand the date was-determined that the going rate of labor in sugar beets should be raised from $1.40 to $1.50 an hour. The sugar beet grower in order to get his subsidy, which will average about $2 a ton or about two-thirds of the profit he receives, obviously has to go along with this wage increase set by the Secretary but the thing that we would like to point out is that with this wage increase just in sugar beets it is an automatic minimum wage set for all farm labor in the State of California because if you are working crews in sugar beets and working crews right next to them in peppers or any PAGENO="0565" 5005 other vegetable crop, if you have this minimum on one, the others have to follow you or you get no labor, so it is just a matter of economic practicality. This Government action by the Secretary of Agriculture, which obviously was not pointed at the chili pepper or paprika industry, raised our cost and whether that cost is borne by the farmer or by the prot~essor, or by the consumer, ultimately it is an increase of another 7 percent in the cost which obviously wasn't intended for us in any way, shape, or form. I would like to conclude my remarks, Mr. Chairman, with the last part of my written statement. We have no export markets for our products and no foreseeable reciprocal duty reductions abroad can create a market. Import penetration is already at an unreasonably high level-a level not contemplated by any of the omnibus orderly market- ing or import ceiling bills now before Congress. As stated above the escape clause mechanism of the TEA is unwork- able and apparently is not to be changed for industries seriously affected by imports. Under the circumstances, we urgently recommend that no further tariff cutting `authority be delegated until the past and future effects of our trade policy can be more thoroughly analyzed and effective or mandatory reservations from negotiations be established for industries such as the chili pepper and paprika industry. Mr. Chairman, I thank you for allowing me to appear. (Mr. Crane's prepared statement follows:) STATEMENT OF W. ED CRANE ON BEHALF OF THE DOMESTIC CHILI PEPPER AND PAPRIKA INDUSTRY Mr. Chairman and members of the Committee, I am W. Ed Crane, Vice Presi- dent of Cal-Compack Foods and I appear here today on behalf of the four domestic chili pepper and paprika producers listed below: Oal-Compack Foods, Santa Ana, California. Gentry Oorporation, Glendale, California. Santa Maria Chili, Inc., Santa Maria, California. Universal Foods Corporation, Westminster, California. These four companies account for over 90% of the chili pepper and paprika products produced in the United States. Our particular interest in these hearings is to oppose the further delegation by Congress to the President of the authority to negotiate trade agreements contained in Section 201 of H.R. 17551. Section 201 has been represented as necessary by the Administration for house- keeping requirements in case the President should raise duties under Section 351, the "escape clause" or if a tariff rate should be increased `because of a cus- toms reclassification. The record shows that twelve industries have applied for relief under the escape clause and all have been rejected at the Tariff Com- mission level. H.R. 17551 while relaxing the criteria for firms and workers continues the same rigid requirements for industries and indeed as Ambassador Roth clearly stated in his address to `the U.S. Chamber of Commerce on May 21, 1968. the Administration has no intention of according any industry tariff relief. It is true that in some few rare cases an upward du'ty adjustment has resulted from a customs reclassification and in these cases the U.S. negotiators have bent over backwards to compensate complaining foreign countries. However, the vast ma)ority of judicial decisions or administrative reclassilleations have resulted in tariff reductions for which no compensation to the U.S. `has ever been nego- tiated. The plain facts are that the U.S. has an overwhelming credit balance in these matters. Under the circumstances it would `appear there is no need for further tariff cutting authority unless there were some "intent" to slash the duties of articles PAGENO="0566" 5006 reserved `because they were import sensitive or were simply overlooked in the Kennedy Round. Representatives of this industry appeared before the Tariff Commission and the Trade Information Committee in 1963-64 to admonish our negotiators against including chili pepper and paprika in any across-the-board negotiations. The reasons for reserving these articles then are more imperative today in this era of trading blocs, sophisticated non-tariff barriers, balance of payments deficits and devaluation of currencies. Paprika has historically been imported from `the low cost producing Mediter- ranean and Balkan countries. These countries either are communist (Czechoslo- vakia, Hungary, Rumania and Bulgaria) or are non-GATT members, (Morocco and Portugal) or in the case of Spain offered very few concessions. Any duty cut on paprika would add to the large price advantage enjoyed by the non- communist exporters receiving most favored nation treatment and would serve as an attraction to these countries to increase their production and exportation to the U.S. Spain over the years has supplied 45-60% of imports of paprika (30-40% of U.S. consumption) and as such substantially influenced U.S. market prices. Following World War II and into the mid 1950's the Spanish Government set the price at which paprika could be exported to the U.S. As a result of this price control, the Spaniards were able `to sell as much or `as little in the U.S. as required by the size of their crop. Subsequently, the Spaniards reestablished a free market and prices were allowed to fluctuate. However, the Spanish Government did not overlook this important market and source of dollar earnings and set up an export subsidy payment of 12% of the value of paprika exports. Thus, a Spanish producer, even if he sold ~it his cost, had `a built-in profit of 12%. Although this subsidy payment has provided the Spanish industry a devas- tating competitive weapon, the recent upheaval in international monetary exchanges may prove even more damaging. On the 18th of November of 1967, the British devalued the pound from $2.80 per pound to $2.40, or 14.3%. Two d'ays later, the Spanish Government devalued the peseta 14.4% from $.0167 per peseta to $.0143. The result of this was an immediate drop in `the quotations of Spanish paprika for export to the United States, almost identical in amount to the devaluation. Several d'ays later, the Spaniards had some second thoughts and added an export tax which would eliminate some of the effects which devaluation had on non-U.K. exports. This export tax amounted to 3 pesetas per kilo, or the equivalent of about $.0195 per pound, or `about 6%. With the addition of this export tax, the quotations of Spanish paprika went back up a similar amount. The net effect since the devaluation was a reduction in the quotations of Spanish paprikas by 14%, and then an *increa'~e of approximately 6% b~ick after the export tax. On approximately March 1, the Spanish Government rescinded the export tax, thus reinstating the full 14.4 decrease. The economic effect on the U.S. industry has been an intensification of the price-cost squeeze caused by increasing raw material and labor costs and the lowering of import prices. Mexico, the only commercial import source of chili peppers, accounting for approximately 45% of the U.S. consumption, warrants careful consideration in any future trade policies. It does not belong to GA'l'T, grants no concessions to the United States but readily accepts the benefits of all of the concessions granted by the U.S. and other GATP members. Imports from Mexico, though rapidly increasing at the existing rates of duty. were given a recent stimulus by the Mexican Government. In 1962 a Government program was established to support the production of and stabilization of the price of chili peppers in Mexico. This program resulted in the dumping of large ciuantities into the U.S. in 1963-64. Ground chili pepper exnorts, which product incidentally is not used by Mexicans, are climbing swiftly. This has not only provided a new avenue to dispose of sur- plus chili pepper production, but has increased the man hours worked in this Mexican industry-and at wage rates one-fifth those of the U.S. Again, any concession on chili pepper either ground or unground would attract even larger imports of chili products and unilaterally benefit Mexican producers and exporters. We see no merit to even considering legislation which will again expose this industry to the possibility of the lowering of an already low duty rate. We have no export markets for our products and no foreseeable reciprocal duty reductions abroad can create a market. Import penetration is already at PAGENO="0567" 5007 an unreasonably high level-a level not contemplated by any of the omnibus orderly marketing or import ceiling bills now before Congress. As stated above the escape clause mechanism of the TEA is unworkable and apparently is not to be changed for industries seriously affected by imports. Under the circumstances, we urgently recommend that no further tariff cut- ting authority be delegated until the past and future effects of our trade policy can be more thoroughly analyzed and effective or mandatory reservations from negotiations be established for industries such as the chili pepper and paprika industry. Mr. HERLONG. Thank you, Mr. Crane, for your testimony. Any questions? Mr. Urr. I don't have a question but I am glad Mr. Crane brought out the effect of the bracero program on agriculture. It is a very * interesting thing in that for years and years we have not had the agri- culture people coming before this committee asking for relief. Since we had the bracero program terminated which was simply a supplemental supply of labor they have been coming in by droves. I know in California there they are in the same boat that you are in, that the bracero labor was a supplemental program that helped make it. I planted a crop with the normal domestic help. When it came time to harvest it I had to have supplemental labor. If I couldn't get that supplemental labor I left that crop and went into a completely mechan- ized crop. We just had testimony, before you came into the room, from Florida tomato growers who had one grower that dropped from 373 employees down to 75 because he went out of tomatoes into a mechan- ized crop, potatoes, and in that group were a lot of Mexican laborers who lost their jobs because there was no supplemental program available. I know the bracero program is not a matter for this committee to consider, but we are getting the indirect results of the bracero program. Thank you. Mr. CRANE. Thank you, Mr. TJtt. Mr. HERLONG. Thank you very much for your statement. Mr. HERLONG. The next witness is Mr. Fred W. Burrows. Mr. Burrows if you will identify yourself for the purpose of the record we will be happy to receive your statement. STATil~MEN~ OP FRED W. BURROWS, EXECUTIVE VICE PRESIDENT, INTERNATIONAL APPLE ASSOCIATION Mr. BtJRROWS. Thank you. My name is Fred W. Burrows and I am executive vice president of the International Apple Association with offices here in Washington, D.C. If it is all right with the Chairman we would like to summarize our statement and have the entire statement appear in the record. Mr. HERLONG. Without objection the entire statement will appear in the record. Mr. BURRROWS. The International Apple Association is a nonprofit membership organization serving the entire fruit industry with em- phasis on apples and winter pears. Our membership covers all segments of the apples and winter pear industry, including producers, packers, shippers, processors, wholesale and retail distributors, exporters, im- porters, and allied industries. PAGENO="0568" 5008 We have members in 34 countries outside the United States. Our membership produces and/or handles in excess of 75 percent of the commercial apples and winter pear crop and is directly concerned with practically all of the apple exports and 90 percent of the winter pear exports. The U.S. National Fruit Export Council presented a general state- ment of position and policy before the House Ways and Means Comrn mittee on June 11, 1968. As a charter member of the USNFEC, we strongly support that statement. Further, we would like to emphasize to the conimittee that, since its inception in 1895, the International Apple Association, Inc. has advocated a policy of "free trade." Our statement here today will cover some of the specific tariff and trade problems facing the apple and pear industry and how they come about. First I think it should be recognized that apples and pears are im- portant to many countries around the world and in the United States there are thousands and thousands of employees in the growing, packing, storing, and selling of the apple and pear crops. In addition there are many thousands of people employed by allied industries that are dependent on these crops. The estimated farm value of the combined apple and winter pear crops in the United States in recent years is about $300 million and the retail value is about a billion dollars. In addition to being important to our overall economy apple and pear exports are important to our balance of payments position. We would emphasize that the exports of apples and pears are all sold for cash and there is no subsidy involved. In 1965-66 apples contributed $26 million and pears $6 million to our balance-of-payments position. In 1966-67 apples contributed about $20 million and pears nearly $7 million to our balance of payments. We would like to point out that if we could regain our 1935-39 export levels we could easily double the contribution to the balance-of- payments position. We would like to emphasize that the world apple market is facing real stiff competition. During the past 30 years the total world apple production has dou- bled in that 30-year period and in that same 30-year period the European apple production has nearly tripled. The production in Asia has increased five times and in South America 10 times. On the other hand, during that same 30 years the U.S. share of the total world apple production has dropped from about 50 percent to 25 percent. I have been speaking about apples primarily but the world pear production is about in the same picture. Historically the United States has been well recognized as the leader in the production of apples and pears, and for many, many years, we have pioneered and developed innovations including new varieties, new cultural practices, new equipment, new storage facilities, et cetera, and as a result we grew, packed, and sold the best apple and pear in the world and we enjoyed a comparative advantage in the world markets and we still do, everything being equal. During the last 60 or 70 years exports of apples and pears have been an important and integral part of our market. However, at the end of World War II many countries around the world and notably in Europe erected trade harriers, both tariff and nontariff. PAGENO="0569" 5009 At the same time these countries copied `and borrowed our techniques and varieties and increased their own production behind these barriers. We would like to emphasize that the barriers were erected first and then the production came after `the erection of the barriers. More importantly, these barriers still exist and their prime purpose is to protect the domestic industries in these countries around the world and in many cases this production of apples and pears in other coun- tries is m!arginal in nature and without the protection of `the tariff and nontariff barriers they could not exist. I would like to contrast this development with what has happened in the United States. Through hard work, private money, without sub- sidy the apple and pear industry and apple and pear exports developed without a protective wall. However, with this increased production in other countries and the high duties from Europe, in Scandinavia, and the admitted pro- tectionist attitudes in the various trading blocs around the world, our export market for apples has dropped considerably. In other words, in 1934-38 we were the No. 1 apple exporting nation `in the world. We accounted for about 38 percent of all the world apple exports. In 1962-66 we dropped from No. 1 to No. 6 during that 30-year period and we only accounted for about 7 percent of the world apple exports and. this despite an admitted comparative advantage in our fruit and by comparative advantage I mean our fruit is better packed, has better quality, and better varieties. We just can't overcome these barriers that have been erected. If we get these barriers eliminated we can compete and we think we can come back to where we were in prewar years. Just in passing I would like to emphasize that during the prewar years, 1934 to 1948, we exported 8 percent of our crop. During the period 1962 to 1966 we only exported 3.5 percent of our total apple crophere in the United States. What are some of these nontariff barriers? Well, we have seasonal opening dates. In other words, in Belgium, Norway, Sweden, Finland, Ireland, and some other countries they don't `allow any U.S. apples and pears in until a certain date and this is for the purpose of protect- ing their domestic production. The opening dates are usually not established until well after the domestic production is out of the way and as a result we lose a lot of valuable marketing time. Other nontariff barriers are quotas and licenses and there are three countries involved there. Norway has a quota system, United Kingdom has a quota license system, and so does Venezuela. In Norway they have established a quota of 18,000 metric tons. This was established some 3 or 4 years ago and it is readily apparent that this 18,000 metric tons is not adequate to meet the domestic needs. As a result we could export more to Norway if our negotiators could show them the light over there so to speak. In the United Kingdom we believe that the total quota is adequate. However, it is split up into two periods. In other words, the second half of the year, for example, July through December, 20 percent of the quota is allocated to that period and 80 percent to the period from January 1, to June 30 and our most important marketing period is in the period prior to Christmas. PAGENO="0570" 5010 *That is when the prices are high. That is when we are not faced with competition from the southern hemisphere which comes in as you know in opposite seasons to ours so that if we could get the United Kingdom quota switched over so we could get 40 percent in that July to December period we would be in better shape. In Venezuela the situation there is quite irritating. Three years ago they instituted a licensing system in Venezuela and at the same time announced that they were going to reduce the quota 10 percent a year in order to establish a tropical fruit industry of their own. This tropical fruit industry is not in existence commercially speaking and yet they have cut the quota 10 percent per year for the last 2 years. On top of that they have not issued the licenses until about February 1 or early February so that the importers down there and our exporters here lose a month of valuable marketing time. Of course we have to talk about Mexico too. Everybody does, it seems. They have a peculiar situation in that apples are restricted. We can't get in there. We can get in in two States along the border and we do get some apples into Mexico through that vehicle. On the other hand, they have a duty of 75 percent ad valorem plus a specific duty of a little over 2 cents a pound so it is just prohibitive. At the same time as we all know Mexico is not a part of GATT. They enjoy most favored nation treatment so wethink that our negotiators or our people should start making Mexico toe the line. There are other nontariff barriers such as variable levy and reference prices, containers, which will be adopted by the Common Market, which are not universally used around the world. In many countries they have established food and drug laws that have no semblance to reasonableness and these can be used as effective barriers to keep us out. Some of these are covered more thoroughly in my statement. I think one of the most effective nontariff barriers is the simple fact of trading blocs such as the Common Market and such as LAFTA. We have a situation in Brazil whereby they are a member of LAFTA. LAFTA comes in, Argentina can send food into Brazil free of duty. On the o+h~r hand, the duty on U.S. apples is 37 percent. We have been working with Ambassador Roth for better than a year trying to get a seasonal duty in Brazil for U.S. apples and pears. In other words, say from September 1 to March 1 when Argentina is not in the market whatsoever we have been pushing Ambassador Roth to negotiate for a 50-percent reduction in the duty during that time. Reportedly negotiations are going on in Geneva. However, the re- sults are very slow and nothing has been achieved as yet. In addition Brazil has an 18-percent sales tax on fruit but this same tax does not apply to LAFTA fruit. This is an outright violation of GATT and again we have been in contact with Ambassador Roth's office and supposedly aide memoires et cetera are going back and forth in order to eFminate the discrepancy. In a quick perusal of the appendix pages 19 and 20 we will show you that we are faced with very high and sometimes insurmountable duties on both apples and pears in many countries. For example, in Norway the duty is close to $1.25 to $1.50 a box. PAGENO="0571" 15011 In Finland the duty is nearly 13 cents a pound to December 10 and then after that is 15 cents ad valorem. In Sweden the duty is 2.2 cents a pound to March 1 and in Mexico I have already given you some fig- ures, but in general the duty on apples and pears even in countries that don't produce apples and pears is high and there isn't a reason in the world why our negotiators or our negotiating teams should not seek more vigorously reasonable and equitable access into those countries. We would like to point out that the only tariff concessions obtained for TLS. apples and pears in the Kennedy round was from Canada and in this case each country, the United States and Canada, agreed to eliminate a very minor duty on apples. Further, the Kennedy round failed to produce any change in the nontariff barriers that exist in many countries against our apples and pears and, therefore, the net result remains the same; namely, that we are denied the rights and privileges that we are entitled to under the GATT. I think Congressman Rivers put it most aptly, that we have enough laws on the books and I would just like to say in closing that we would like to make a point of enunciation and execution. The U.S. Govermnent has long enunciated that we would insist other countries live up to their commitments and provide reciprocal trade opportunities for the United States. We think that now is the time for execution and a little less enunciation. (Mr. Burrows' prepared statement follows:) STATEMENT OF FRED W. BURROWS, EXECUTIVE VICE PRESIDENT, INTERNATIONAL APPLE ASSOCIATION, INC. The International Apple Association, Inc. is a non-profit menthership organiza- tion serving the entire fruit industry with emphasis on apples and winter pears. Our menlbership covers all segments of the apple and winter pear industry, in- cluding producers, packers, shippers, processors, wholesale and retail distributors, exporters, impor1~ers, and allied industries. We have members iii thirty-four countries outside the United States. Our membership produces and/orhandles hi excess of seventy-five percent of the commercial apple and wirrter pear crops and is directly concerned with practically all of the apple exports and ninety percent of the winter pear exports. The U.S. National Fruit Export Council presented a genbral statement of position and policy before the House Ways and Means Committee on rune 11, 19G8. As a charter member of the USNFEO, we strongly support that statement. Further, we would emphasize that, since its inception in 181)5, the International Apple Association, Inc. has advocated a policy of "free trade". Our statement here today will cover some of the specific tariff and trade probrems facing the apple and pear industry and the background that created and amplified these problems. THE VALUE AND IMPORTANCE OF APPLES AND PEARS Apples and pears are important commodities in many countries around the world. In the U.S. thousands upon thousands of men and women are employed in the growing, packing, processing, transporting and selling of these crops. Also, many allied industry firms and their employees are dependent, in part or whole, on these crops for their existence. In recent years the combin~d farm value of an average apple and pear crop is estimated at over $300,O(X),000, with a retail value after packing, storing, processing, transporting, etc. of over one billion dollars. THE COMPETITIVE SITUATION The appended tables, and the tables below, show that the world apple and pear production has increased substantially during the past 35 years, notably in Europe, Asia and South America. Th~~ increase has been especially sharp in those three areas since the close of World War II. PAGENO="0572" [Million bushelsj Average crop 1935-39 1956-~60 1962-66 North America Europe Asia South America South Africa, Australia, and New Zealand 143. 1 124.6 12.8 2. 4 14. 5 134. 8 288.1 48.3 20. 7 16. 9 156. 5 338.3 70.9 23. 8 29. 4 Total 297. 4 508. 8 618 9 U.S. share (percent) 48. 1 26. 5 25. 3 WORLD PEAR PRODUCTION North America 29. 6 31. 4 28. 8 105.5 Europe Asia 43.1 10.9 82.8 13.8 21.8 South America 2. 5 4. 6 4. 7 South Africa, Australia, and New Zealand Total & 6 6. 8 10. 3 89. 7 139. 4 171. 1 U.S. share (percent) 33. 0 22. 5 16. 8 Source: USDA. It is worthy to emphasize that- (a) In 1935-39 North America produced about 50% of the total world apple production vs. only about 25% in 1962-66; (b) By 1962-66 European apple production had nearly tripled and ac- counted for 55% of the total; (c) For apples Asia is over 5 times larger; South America nearly 10 times larger; and Elsewhere double. (d) For pear production the picture is similar. Historically, the United States has been tb~e recognized leader in World apple and pear production. Over the years the U.S. Industry pioneered and developed countless innovations involving better technical know-how, new and better * varieties, new packages, new packing equipment, new and improved equipment * of all kinds, storage facilities, transportation, etc. We grew, packed, stored and sold the best apples and pears in the World and enjoyed a distinct comparative advantage (and still do, all things being equal) in the world markets, and especially in Europe-our most important export market. However, at the close of World War II many other countries, notably European, imposed nearly insurmountable trade barriers-both tariff and non-tariff- against the import of U.S. apples and pears. At the same time the European countries, and others, copied and were "loaned" our technical know-how and innovations. With this help, and behind a complete protective wall of excessive tariffs and unreasonable and arbitrary non-tariff `barriers, the increased produc- tion picture evident today developed. Many of these barriers, tariff and non-tariff, or new ones, exist today for the prime purpose of protecting the tremendously in- creased domestic production, much of which is i~eportedly economically "mar- ginal"; and without the "wall" could not exist nor could not have developed. We would emphasize that the increased production did not precede the imposition of the barriers, rather the reverse. Contrast that with the situation in the U.S. Over the years, through hard work and private money, and without subsidy of any kind, we developed an apple and pear industry second to none. On the samC basis, we expanded our exports so that they became an integral and significant part of our overall marketing program. Our industry and our export program were developed without the imposition of a protective wall or other devices. In fact, there are no restrictions on the import of apples and pears into the U.S. Our duty on apples and pears has always been very low and with the "Kennedy Round" the duty on apples was eliminated and the pear duty reduced. 5012 WORLD APPLE PRODUCTION (DESSERT AND COOKING VARIETIES) PAGENO="0573" 5013 Under these conditions the United States was the number one apple and pear exporting nation of the world prior to World War II, since before the turn of the century. Exports were an important and integral part of our market. Even during the troubled pre-war period (1934-38) we exported o~v'er 10 million bushels of apples, or about 8% of our total crop (`see appended tables). In 1962-66, in the face of the artificially stimulated increased apple production and the continu- ing arbitrary trade barriers, we exported an average of only 4.5 million bushels, or 3.5% of our total crop, despite the fact that ou'r fruit does `have an admitted comparative advantage (i.e., quality of fruit, pack, package, etc.). During the 1925-29 `i~eriod we exported an average of 12.3 million bushels to western European nations alone, `with the United Kingdom taking 8.4 `million bushels of that total. A similar decreased export `picture exists for winter pears, only more so. With our world recognized comparative advantage, it is our considered judg- meat that U.S. apples and pears could successfully compete in the world markets if the unreasonable and arbitrary barriers and "preferences" were eliminated. This, in our opinion, is esp~?cially evident in the E.E.C. where the three main principles of the Community's Common Agricultural Policy completely ignore the validity of "comparative advantages". The same is true to a substantial degree within other trading `blocs. The appended tables and the data on the next page show developments in the exports of `apples and pears around the world after World War II, as compared with pre-war. While the U.S. has dropped from `the Number One spot to Number Six, otber competing countries have experienced an "export explosion" under the cloak of trade barriers and "preferences"-at the expense of the U.S. Apple and Pear Industry. For example, during the 1934-38 period the U.S. enjoyed 38% of the apple export market. By 1958-62 our share had dropped to 6.3% and is at about that level today. The data following shows what has happened in certain competing countries. PERCENTAGE OF TOTAL APPLE EXPORTS FROM SPECIFIED COUNTRIES f In percent~ 1934-38 1 1958-621 1965-66 2 1966-67 2 Argentina Australia 0.5 14.9 11.9 10.4 16.9 10.7 12.8 11.4 Canada 25.3 4. 6 3.7 4. 5 Denmark .1 2.1 .7 .7 France 1.4 1.8 9.5 12.8 Italy Netherlands 6.4 1.8 46.3 6.1 33.5 4.0 34.1 4.0 South Africa .9 4. 4 5.6 7. 8 United States 38. 0 6.3 9. 0 6.3 I Annual average. 2 Crop year, except Southern Hemisphere. U.S. BALANCE OF PAYMENTS Apples and pears are not only important to our Nation's economy. Even under the exist'ing restrictive conditions, the exports of U.S. apples and pears make a valuable and important contribution to the U.S. balance of payments. position. All exports of U.S. apples and pears are sold for cash, namely, U.S. Dollars. The f.'a.s. value of our export shipments during the 1965-66 season was about $26,000,000 for apples and $6,000,000 for pears. During the 1966-67 season the value was about $20,000,000 for apples and $6,900,000 for pears. If our compara- tive advantage was allowed to operate without the existing restrictions and thereby `allow us to regain our 1934-38 export levels, exports of U.S. apples and pears could contribute $55 to $60 million to our payments position. NON-TARIFF BARRIERS As stated previously, many countries, especially in Europe, imposed excessive tariffs as well as non-tariff barriers at the close of the War. Many of these non- tariff . barriers (and excessive duties) are still in existence, in whole or part, today. Some of the major barriers include: 1. $eo,son,ai opening dates.-Belgium, Denmark, Finland, Ireland, Norway, Sweden and Switzerland are among the countries which restrict imports by use PAGENO="0574" 5014 of seasonal opening dates. (Typical opening dates are carried in the Appendix.) Imports are restricted until a date is established annually by the government, usually after consultation with the domestic growers. Naturally the purpose of this barrier is to protect the domestic growers as long as domestic supplies are available. Often the dates are not announced until late in the season and the announcement is usually `made only a few days ahead of the effective date. Also, experience clearly indicates the date is often fixed well after adequate and satisfactory domestic supplies are available. Further, in Sweden and Norway we face a set, graduated, declining duty schedule, and these are rigidly adhered to regardless of the opening date. The result is that our apples and pears are confronted with an unreasonable tariff despite the fact that domestic supplies are practically non-existent. In many instances the restrictions are in conflict with GATT. 2. Quotas and I,icenses.-Norway, the United Kingdom and Venezuela are among the nations which restrict imports through the use of quotas and licenses. The Norway quota, adopted three years ago, of 18,000 metric tons is reliably reported as inadequate to meet the market needs. This quota plus the late seasonal opening dates tare especially restrictive against U.S. apples and pears. The overall U~K~ apple quota is seemingly adequate. However, the system favors Southern HemF~phere supplies. The quota is split into two periods, namely 7/1-12/31 and 1/1-6/30, with only 20% of the quota allocated to the July-December period-our principal shipping time. In the later period we com- pote directly with heavy, newly harvested supplies from below the Equator Also, the demand for apples usually slackens in January and February and prices are lower. The Venezuela quota and license situation is especially annoying, restrictive and, in our opinion, unreasonable and arbitrary. Venezuela does not produce deciduous fruits. Venezuela enjoys a very favorable balance of payments with the U.S., and there is no ju~~tification for the restriction. Venezuela initiated the quota system for deciduous fruits in 1966, based on the imports in 1965. At that time they also announced this quota/would be cut 10% annually to encourage the development of a local tropical fruit industry, which is commercially insignificant. Despite the mild protests of our Government the quota was reduced about 10% in both 1967 and 1968. Further, the allocation of the licenses to importers in both years was not made until about February 1, resulting in a complete loss of exports in January-a most valuable marketing period. Mexico is another enigma. Imports of apples and pears are permitted entry into parts of Sonora and Baja California without a license. However, licenses are required for all other areas, and the excessive duty of 75% ad. vaL plus 2.18~ per pound completely restricts legitimate trade. At the same time Mexico enjoys Most Favored Nation treatment from the U.S. and exports an ever and rapidly increasing volume of agricultural commodities to this country with no restriction of any kind. 3. Variable ie'vies and reference prioes.-These are an established "fact" within the E.E.C.'s Common Agricultural Policy and are an effective weapon against trade development. The threat of an additional levy can only result in importers being most reluctant to make advance purchases of U.S. fruits because they will not know what the laid-in cost might be at the time of shipment. From all appearances the United States tolerates the E.E.C.'s Common Agri- cultural Policy of which variable levies ar'd rc'ference prices are an integral part. We might ask if this "toleration" by the U.S. is recognition that the CAP is "good". If so, why don't we adopt a similar system? GRADES AND STANDARD CONTAINERS Grade standards and specifications for standard containers under considera- tion by the E.E.C. and O.C.E.D. are potential non-tariff barriers to trade. For example, consideration is being given to adopting a standard apple container which would hold about 30 lbs of apples. Presumably, all trade would have to be in the adopted container. Our principal container for both domestic and export trade is the telescope tray pack carton, which carries 40 to 45 lbs of fruit, depending upon fruit size and variety. The serious problem;s of packing a special container for export are clearly evident. The net result would be declining U.S. exports to the detriment of our industry and the U.S. payments position. PAGENO="0575" 5015 FOOD LAWS Some countries, notably in the E.E.C., have established unreasonable food laws regulating the use of pesticide chemicals for both pre-harvest and post- harvest use, which could restrict U.S. exports. Other nations are working to establish such laws. Presently the situation is not most acute for post-harvest chemicals. Because of the slowness in adotping the latest and best technical know-how to provide the best possible safe product to the consumer, and because of the nearness to their markets, the domestic producers in practically all the European countries do not use these post-harvest chemicals which are in common use in the U.S., and which have been judged to not endanger the public health by the World's leading health body, namely, the U.S. Department of Health, Educa- tion and Welfare. In the U.S. over 75% of the "fresh" apple tonnage is placed in cold storage and is shipped to domestic and foreign markets during the ensuing 10 or 12 months. The need to use the latest approved scientific advancements to provide consumers with a satisfactory product is readily apparent. Unreasonable food laws should not be allowed to restrict U.S. exports simply because they are not needed or used in other countries. - While post-harvest chemicals are of major concern now, unreasonable laws regulating pre-harvest chemicals could be of even greater importance in the years to come. Even in the U.S. the methods and safe chemicals needed to control insects and diseases vary from state to state. For example, because of the rainfall pattern, apple scab (a disease) is practically non-existent in the Northwest, whereas in the Northeast 6 to 14 sprays of approved, safe chemicals during the growing season are required for commercial control. The differences in the fungicide residues on the fruit between the two areas is apparent. Similar situations in overseas producing countries exist. Unreasonable food laws es- tablished on the use pattern in domestic orchards could completely stifle trade. The present pressure by overseas governments on our Government to drastically reduce long estabilshed DDT tolerances is a case in point. FOREIGN TRADING BLOCS Based on experience to date we are strongly opposed to the U.S. encouragement of such blocs. In every instance the theme of these blocs seems to be one of "protectionism" to the detriment of U.S. industries, and especially the Apple and Pear Industry. It is already apparent that the U.S. is on the outside looking in while other countries grant special privileges to one another. This point was fully covered by the U.S. National Fruit Export Council. A ease in point is Brazil. They are members of LAFTA as is Argentina. Brazil does not grow apples and pears. Argentina does. The Brazilian duty on apples and pears is excessive and restricts trade. The U.S. Government and Industry has been working hard to secure a reasonable duty. Our efforts have been violently opposed by Argentina despite the fact we would not be competitive in the Brazilian markets because of our reverse harvest seasons. Brazil does not impose any duty on Argentine fruit. Further, Brazil has imposed an 18% "sales tax" on U.S. apples and pears. This tax is not applicable to fruit from LAFTA countries and is in direct violation of GATT. MOST FAVORED NATION The U.S. grants MFN treatment to all countries, except some Communist bloc countries, even though many of 1-hose countries have no treaty or agree- ment with the U.S. and do not grant MFN treatment to us. We believe most strongly that the U.S. should grant MFN treatment only to those countries that grant such treatment to us. Since this subject is covered in the statement of the U.S. National Fruit Export Council, we do not feel it is necessary to elaborate here. DUTIES An examination of the appended tables concerning "Rates of Duty for Imports Into Specified Countries" on apples and pears can only result in the conclusion that exports of U.S. apples and pears are confronted with excessive to insur- mountable duties in many, if not most, of the countries around the world. This is especially true in Latin American cOuntries, Brazil, Sweden, Norway and PAGENO="0576" 5016 Finland. In Latin America and Brazil deciduous fruits are not produced, and the fruit production in Scandinavia is not adequate (nor of the quality) to meet domestic needs. Therefore, the duties are unreasonable and arbitrary and must be reduced. At the same time, we strongly contend that the E.E.C.'s Common External Tariff is higher than is justified and tends to encourage the production of surplus, marginal tonnage. Certainly, U.S. apples, even with their comparative advantage, find the 14% ad. val. (84 cents per box on a $6.00 c.i.f. value) in the 8/1-12/31 period a difficult barrier to overcome. The only tariff concessions obtained for U.S. apples and pears in the Kennedy Round was from Canada. Each country agreed to eliminate a very minor duty on apples. Further the Kennedy Round failed to produce any change in the unjustifiable non-tariff barriers that exist in many countries against U.S. apples and pears. Therefore, the net result remains the same, i.e., we are denied the rights and privileges we are entitled to under GATT. In clOsing, we would like to make a point of "Enunciation vs. Execution". The U.S. Government has long "enunciated" that we would insist other countries live up to their commitments and provide "reciprocal trade" opportunities for the U.S. Now is the time for "execution". APPENDIX APPLES, FRESH-PRODUCTION IN SPECIFIED COUNTRIES AVERAGE 1935-39 AND 1953-62, ANNUAL 1965-67 Dessert and cooking: North America: Canada Mexico United States Total Europe: Austria Belgium-Luxembourg Denmark France Germany, West Greece Italy Netherlands Norway Spain Sweden Switzerland United Kingdom Yugoslavia Total Asia: Japan Lebanon Turkey South A'nerican: Argentina Chile At rica: South Africa, Republic of 3__ Oceania: Australia New Zealand Total specified countries, dessert and cooking4. 7.1 14.0 8.2 10.4 5.7 7.3 8.0 9.9 2.8 4.2 4.0 3.5 10. 5 30.4 48.7 59. 3 36. 1 74.7 55.6 67.7 .4 5.2 7.6 7.6 12.9 88.3 100.3 118.7 3.6 14.3 16.4 15.8 1.1 3.1 2.0 1.9 5.4 11.5 15.1 16.6 4.8 10.1 8.6 8.5 16.5 9.8 7.3 4.1 10.6 23.2 25. 5 20.3 7.1 11.2 6.2 9.8 124.6 307.3 312.8 354.1 (In millions boxes) Continent and country Average 1935-39 1958-62 Crop year 1965-66 1966-67 1967-68 1 14.6 16.8 22.3 21.0 1.2 3.2 5.7 5.8 127.3 123.0 136.1 126.4 143.1 143.0 164.1 153.2 25. 0 5.8 120.7 151.5 12.0 13.0 3.6 64.7 104.4 8.2 100.6 20.7 2.3 14.7 9.0 3.7 15.7 L9 384.5 7.6 41.1 52.0 2.1 2.6 5.7 5.1 11.7 16.6 1.4 20.0 19.0 1.0 2.5 2.6 1.2 7.1 9.3 10.4 13.7 16.7 2.9 3.5 4.8 48.6 53.8 5.1 7.6 20.2 20.7 23.7 20.9 2.4 3.0 9.7 9.5 16.8 16.3 4.6 5.1 297.4 552. 5 600. 1 638.4 672.9 I Preliminary. Includes Syria. 3 1935-59 total production; subsequent years Fruit Board handlings. Year of the bloom. May include some cider apples in countries not reported separately. Source: FAS, USDH. PAGENO="0577" 5017 PEARS, FRESH-PRODUCTION IN SPECIFIED COUNTRIES, AVERAGE 1935-39 AND 1958-62, ANNUAL 1965-67 Continent and country Crop year Average 1935-39 1958-62 1956-66 1966-67 1967-681 DESSERT AND COOKING North America: Canada Mexico United States Total Europe: Austria Belgium-Luxembourg Denmark France Germany, West Greece Italy Netherlands Norway Spain Sweden Switzerland United Kingdom Yugoslavia Total Asia: Japan Lebanon Turkey South America: Argentina Chile Africa: South Africa, Republic of Oceania: Australia NewZealand Total, special countries, dessert and cooking4 0.6 3 28. 7 1.5 9 28. 0 1.1 1. 5 20. 7 2.1 1. 5 30.0 1.8 1. 5 18.2 29.6 30.4 23.3 33.6 21.5 .9 2. 1 ~ 1.8 11. 9 .9 8.5 1.6 .2 3.0 1. 1 7. 0 .8 2. 8 3.0 3.2 3 11.0 10. 8 1.7 29.8 5. 5 .4 4.8 1.7 1.8 2.8 3.8 1.8 2.0 .3 12.4 12. 6 2.0 42.4 3. 5 .4 7.1 2.4 1. 0 3.1 1. 7 2.3 1.3 . 3 13.2 15. 5 2.4 55.1 5. 1 .4 7.5 1. 6 1. 4 1.9 3.7 2.4 2. 2 .2 14.0 17. 9 3.0 45.0 3. 3 .2 4.9 1.8 1. 1 1.0 4. 1 43.1 90.6 92.7 111.7 101.1 7.4 (2) ~- ~ 2.4 .1 - 8 2.5 .3 11.1 .1 5. 3 4. 3 .4 3. 2 5.0 .6 15.9 .2 5.9 3.6 4 4. 3 6.7 .8 17.8 .1 5.9 5. 2 3 3. 7. 6.1 .8 18.9 .2 6. 2 5. 0 5 3. 6 5.9 .8 89.7 151.0 153.8 185.2 163.7 I Preliminary. 2 Less than 50,000 boxes. 31935-39 total production; subsequent years fruit board handlings. Year of the bloom. 4 May include some cider pears in countries not reported separately. Source: FAS, USDA. 95-159 O-68---pt. 1O-37 PAGENO="0578" 5018 APPLE EXPORTS FROMSPECIFIED COUNTRIES I [In thousands of boxesj Average exports 1965-66 1966-67 1934-38 1958-62 Italy 1,730 25,223 22,741 23,326 Argentina 139 6,489 11,487 8,744 France 364 990 6,441 8, 720 Australia 4,017 5, 669 7,263 2 7, 800 South Africa 235 2,381 4, 062 5, 326 United States 10,017 3,403 6,093 4,276 Canada 6,814 2,495 2,544 3,045 Netherlands 474 3,340 2,702 2,916 New Zealand 975 1,617 1,944 32,000 Chile 433 398 922 1,003 Belgium-Luxembourg 338 718 1,232 584 Denmark 24 1,146 456 3500 Switzerland 1,331 566 42 138 Total 26, 891 54,435 67, 929 68, 378 U.S.share 38 6.3 9 6.3 I Crop year basis except calendar year for Southern Hemisphere countries. 2 Partially estimated. 3 Estimated. Wte: Complete and comparative data not av:able for countries behind the Red Curtzn, which are expanding their production and exports. Source: USDA. PEAR EXPORTS FROM SPECIFIED COUNTRIES I [In thousands of boxesi Average exports 1965-66 1966-67 1934-38 1958-62 Italy 1, 030 5, 142 5, 803 14, 324 Australia 568 1,365 1,429 22,080 South Africa 691 1,097 1,231 1,756 Netherlands 97 1,846 985 1,740 Argentina 405 1,605 1,961 1,566 United States 2,647 1,290 1,396 1,353 France 43 349 1,419 1,064 Belgium-Luxembourg 313 565 143 66 Total 5, 794 13,259 14,367 23, 949 U.S. share (percent) 45.7 9.3 ~ 7 5.6 I Crop year basis except for calendar year for Southern Hemisphere. 2 Partially estimated. Source: USDA. PAGENO="0579" 5019 FRESH APPLES-RATES OF DUTY FOR IMPORTS INTO SPECIFIED COUNTRIES Country Period Rate of duty Rate of duty expressed in U.S. equivalents European Economic Aug. ito Dec. 31 14 percent ad valorem Community. Jan. 1 to Mar. 31 10 percent ad valorem 1 Apr. 1 to July 31 8 percent ad valorem 1 Norway Aug. 1 to Feb. 15 0.50 kroner per kilogram 3.16 cents per pound. Feb. 16 to Mar. 15 0.40 kroner per kilogram 2.53 cents per pound. Mar. 16 to July 31 0.20 kroner per kilogram 1.26 cents per pound. United Kingdom Apr. 16 to Aug. 15 4/6 per hundredweight (112 0.56 cents per pound. pounds). Aug. 16 to Apr. 15 Free Denmark Apr. 1 to July 31 10 percent ad valorem, but not 10 percent ad valorem, but not. less than 5 lire per kilogram. less than 0.33 cents per pound. Aug. 1 to Mar. 31 18 percent ad valorem, but not 18 percent ad valorem, but not less than 24 tire per kilogram. less than 1.58 cents per pound. Peru Jan. 1 to Dec. 31 60 percent ad valorem plus 1.5 60 percent, plus 5.5 cents per soles per kilogram. pound. Panama do 0.03 balboa per kilogram gross.... 1.36 cents per pound. Costa Rica do 25 percent ad valorem, plus 30 25 percent ad valorem, plus U.S. cents per kilogram gross. 13.61 cents per pound. Bahamas do 20 percent ad valorem Brazil do 32 percent ad valorem, plus a 5*percent customs dispatch tax. Hong Kong do Free Mexico do 75 percent ad v~lorem, plus 75 percent ad valorem, plus 0.60 peso per kilogram 2.18 cents per pound. gross. Sweden July ito Feb. 28 (29) 25 kroner per 100 kilogcams_ 2.20 cents per pound. Mar. ito June 30 Free Finland Dec. 10 to June 30 15 percent ad valorem 15 percent ad valorem. July 1 to Dec. 9 90 marks per kilogram 12.70 cents per pound. Ireland Jan. ito Dec. 31 1 penny per pound 1.17 cents per pound. Iceland do 7 aurar per kilogram plus 10 0.07 cent per pound. percent ad valorem. Venezuela do 0.10 bolivar per kilogram gross.... 1.36 cents per pound. Guatemala do 30 U.S. cents per kilogram 13.61 cents per pound plus 25 gross plus 25 percent ad percent ad va~orem. valorem. Bermuda do Free Dominican Republic do 36 cents per 100 pounds 0.36 cent per pound. Netherlands Antilles do Free Malaya do iO cents per pound 3.27 cents per pound. Singapore do Free Canada do do Philippines do 15 pesos per 100 kilogram 3.39 cents per pound. gross. See footnote at end of table. PAGENO="0580" 5020 FRESH PEARS-RATES OF DUTY FOR IMPORTS INTO SPECIFIED COUNTRIES Country Period Rate of duty Rate of duty expressed in U.S. eqUiv&ents European Economic Aug. 1 to Dec. 31 13 percent ad valorem I Community. Jan. ito July 31 10 percent ad valorem 1 Norway Aug. ito Jan. 15 0.60 kroner per kilogram 3.79 cents per pound. Jan. 16 to Feb. 14 0.20 kroner per kilogram 1.26 cents per pound. Feb. 15 to July Ii 0.15 kroner per kilogram 0.95cent per pound. United Kingdom Feb. ito July 31 4/6 per hundredweight (112 0.56 cent per pound. lbs.). Aug. ito Jan. 31 3/0 per hundredweight (112 0.38 cents per pound. lbs.). Denmark Jan. ito July 31 10 percent ad valorem, but not iO percent ad valorem, but not less than 5 öre per kilogram. less than 0.33 cent per pound. Peru Jan. ito Dec. 31 60 percent ad valorem plus i.5 60 percent ad valorem plus 5.5 soles per kilogram. cents per pound. Panama do 0.03 balboas per kilogram 1.36 cents per pound. gross. Costa Rica do 25 percent ad valorem plus 30 25 percent ad valorem plus U.S. cents per kilogram gross. 13.61 cents per pound. Bahamas do 20 percent ad valorem Brazil do 32 percent ad valorem plus a 5-percent customs dispatct.~ tax. Hong Kong do Free Mexico do 75 percent ad valorem pIus 75 percent ad valorem plus 2.18 0.60 pesos per kilogram cents per pound. gross. Sweden July ito Dec.31 25 kroner per 100 kg 2.20 cents per pound. Jan.ltoJune30 Free Finland Aug. 1 to Nov. 30 40 percent ad valorem Dec. ito July 31 8 percent ad valorem Ireland Jan. 1 to Dec. 31 id. per pound 1.17 cents per pound. Iceland Feb. ito July 31 3.36 aurar per kilogram plus 0.04 cent per pound plus 10 10 percent ad valorem. percent ad valorem. Aug. 1 to Jan. 31 7 aurar per kilogram plus 10 0.07 cent per pound plus 10 percent ad valorem. percent ad valorem. Venezuela Jan. ito Dec. 31 0.10 Bollvars per kilogram gross 1.36 cents per pound. Guatemala do 30 U.S. cents per kilogram 13.61 cents per pound plus 25 gross plus 25 percent ad percent ad valorem. valorem. Bermuda do Free Dominican Republic do 36 cents per 100 pounds 0.36 cent per pound. Netherlands Antilles do Free Malaya do 10 cents per pound 3.27 cents per pound. Singapore do Free Canada Mar. ito June 30 do July ito Feb. 28 (29) 1 cent pound (gross) maximum 0.93 cent per pound (gross) for for 22 weeks, otherwise 10 22 weeks, otherwise 10 per- percent ad valorem. cent ad valorem. Philippines Jan. ito Dec. 31 15.00 pesos per 300 kilograms 3.39 cents per pound. gross. 1 Common external tariff, to become effective Dec. 31, 1967. SEASONAL OPENING DATES IN RECENT YEARS 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 APPLES Mar. 16 Mar. 16 Mar. 16 Mar. 16 Mar. 16 Mar. 16 Belgium Norway Feb. 18 Sweden Jan. 2 Denmark May 1 Finland Dec. 10 Ireland Jan. 15 Mar. 9 Feb. 8 Jan. 17 Feb. 17 Apr. 1 May 1 Dec. 10 Dec. 10 Dec. 15 Feb. 16 Jan. ii Dec. 7 Apr. 1 Nov. 82 Jan. 10 Feb. 21 Feb. 1 Dec. 161 Jan. 8 Apr. 1 Apr. 1 Nov. 22 Dec. 1 Jan. 6 Dec. 5 PEARS Belgium Feb. 16 Norway Dec. 17 Sweden Nov. 1 Denmark Feb. 1 Finland Dec. 1 Mar. i6n Mar. 16 Jan. 2 Dec. 1 Nov. 20 Nov. 23 Feb. 1 Feb. 1 Dec. 1 Dec. 1 Mar. 16 Dec. 8 Nov. 15 Feb. 1 Nov. 8~ Feb. 16 Feb. 16 Jan. 9 Nov. 30 Oct. 31 Nov. 21 Feb. 1 Feb. 1 Dec. 1 4 Nov. 10 1 For 4 varieties. All other varieties Jan. 9. 2 Lower duty date in lieu established Dec. 10 date. 3 Sept. 16 for EEC class extra. 4 Lower duty date in lieu established Dec. 1 date. PAGENO="0581" 5021 Mr. HERLONG. Thank you very much for your statement. Mr. BuRRows. We appreciate the opportunity to be here. Mr. HERLONG. Are there questions? Mr. Betts. Mr. BErN. I think you have given us an amazing description of nontariff barriers. I don't recall any industry that has been in here that is up against so many different types. Just what do you think can be done about them? You suggest; that we have enough laws on the books. Mr. BURROWS. For example, I will tell you what is going to be done on this Brazilian situation right now. I have been in touch with Ambassador Roth's office last week and all of this week so far trying to find out what is going on in the negotiations in Geneva to get the seasonal duty. We are not getting any place. Apparently the negotiators are taking a rather apathetic view of it and so we are going to come now and get Congress to stick the needle into Mr. Roth. Mr. BErrS. Is that all you are expecting us to do, just to tell Mr. Roth to get to work over in Geneva? Mr. BuRRows. Right at the moment I don't have any legislation that can be constructed to eliminate the nontariff trade barriers that are facing us. In other words, what can we do, for example, on the food law. Let's say we can't go into the United Kingdom with fruit treated with EA diphenylamine, which is an all-preventive chemical, postharvest chemical. It is cleared in this country. We are actually carrying, we have already carried on 2 years of research over there to establish its safety in the United Kingdom. They didn't quite accept our data. So we are going another six months. This is a nontariff trade barrier. Mr. BErrs. I am sorry I didn't hear all of your statement but are you concerned primarily with exporting and the obstacles you run into there, or is there some import problem? Mr. Bumiows. The only country that exports any volume of apples up until this time into the United States is Canada. There we have ver good relations. Mr. BETrS. Are there any tariffs on them. Mr. Bumiows. During the Kennedy round they eliminated the tariff between United States and Canada on apples. It is only 10 cents a box now and they are doing it over a 5-year period so you can imagine stepping it down on imports, some day we may be faced with a very terrific problem in imports. For example, France in the last 20 years has gone from practically nothing to up to 65 million bushels of apples. Last year out of the 65 million. 5 million were Golden Delicious. This is a preferred variety in the United Kingdom so France is only, what, 48 hours away from the United Kingdom. They send the apples to the United Kingdom on consignment whereas our people want dollars in the bank and the importer of course in the United Kingdom has to make plans long in advance so he has his money tied up. What happens is that Frarce even during the last year has tripled their exports to the United Kingdom and we have lost close to 40 percent of our exports to the United Kingdom. Two years ago France tried to ship some Golden Delicious into this country and they are PAGENO="0582" 5022 desperate. They are desperate to the point they don't know what to do with it. In other words, when the French moved out of Algiers they had a lot of extra cash. They had citrus groves down there and they lost their citrus groves so they had extra cash. They came to France and put the money into apple orchards. As a result France very tremendously overproduced with apples and this trend is still going on. Mr. BE'rrs. Some sort of a subsidy? Mr. BURROWS. We can't prove it. We can prove subsidy on inland freight on exports. In other words, the French Government is sub- sidizing the freight from the farm to the port of export. They are so desperate last year they had a boatload of 70,000 boxes of apples to Venezuela. Twenty thousand of those went down without any license involved whatsoever. They went down with the idea, well, here we come. We don't know where to put them so we are sending them to Venezuela. You know what happens to 20,000 boxes of apples in Venezii~Ia when the temperature is 90 degrees and there is nobody there. They are on the butcherbiocks so to speak. Mr. BUrrS. Thank you. Mr. HERLONG. In your comment about enunciation and execution it seems that the enunciation is for the benefit of home consumption here and the execution is done for the benefit of the people overseas. Mr. Bumiows. I won't argue that point whatsoever. I think your point is well taken. Mr. HERLONG. Thank you. Mr. Conable. * Mr. CONABLE. Can you tell me if the very substantial nontariff bar- riers that you have described here are typical of other food products? Mr. BURROWS. What do you mean by other food products? Mr. CONABLE. Well, I am wondering if other agricultural products, for instance, other than- Mr. BURROWS. Other than fruit and fruit products. Mr. CONABLE. Yes-are subject to the same kind of nontariff harass- ment that you have described here? Mr. BURROWS. Well, I said fruit and fruit products. I didn't say apples and pears as you noticed. Mr. CONABLE. Yes. Mr. Buimows. And with fruit and fruit products these are the ones that-I haven't made a study or analysis of other agricultural commodities relative to nontariff barriers so I can't answer your question concretely and concisely. However, it has been well recognized that apples and pears are commodities that are grown in many countries so that you have the green front protectionist attitude in those countries. For example, Norway, well, doesn't raise a half million bushels of good apples and the rest of it is grown in backyards like our apples used to be, but this is the green front. Don't throw any apples into Norway until all the good apples and all of the backyard apples are out of the way so that wherever in these countries we have seen a continued and constant harassment and high tariffs and nontariff barriers~ par- ticularly with deciduous fruits and apples and pears are a deciduous fruit. PAGENO="0583" 5023 When you get into citrus fruit it is not quite as bad in these Euro- pean countries. Mr. CONABLE. Are you familiar with the sugar-added duties that the French have imposed in addition to the regular duty on products? Mr. BURROWS. Not as familiar as I should be. There is a person in the audience who is I am sure, Mr. Lobreck of the National Canners. Mr. CONABLE. I think it was he who described it to us. I am in- clined to agree with you, sir, that these nontariff barriers are the real villain at this point in our economic history. Mr. BURROWS. How can we get them reduced or eliminated? Mr. CONABLE. You can't get them reduced or eliminated without some very strong advocacy on the part of our Own people. That is all, Mr. Chairman. Mr. HERLONG. Thank you very much. Thank you very much for your contribution. Mr. BURROWS. Thank you. Mr. HERLONG. The next witness is Mr. Louis F. Rauth. I want to welcome you to the committee, We are happy to have you here, sir. You are a citizen of the great State of Florida and if you will identify yourself for the record and proceed in your own way we will be delighted to hear you. STATE.MENT OP LOUIS P. RAUTH, FLAVOR PICT COOPERATIVE Mr. RAUTH. Mr. Chairman, I am very happy to be here. My name is Louis F. Rauth. I am a farmer, a tomato grower in Palm Beach County, Fla. I am representing myself, Flavor Pict Cooperative and 130 other Florida tomato growers. The total employees of these 130 tomato growers are around 27,000. The Honorable Congressman Herlong has this to say in section 2 of the bill, H.R. 16416, Fresh Fruits and Vegetables Market-Sharing Act of 1968. The Congress finds that the authority of the President under the Agricultural Act of 1956 to seek to obtain agreements with other countries limiting the export from such countries and the importation into the United States of agricultural commodities has not been exercised with respect to fresh fruits and vegetables. I want to emphasize this: That here the President has the authority to do this and he has failed to do it. During the intervening years imports of certain fresh fruits and vegetables into the United States have increased to such extent as to disrupt the market for such commodities produced in the United States. This increase in imports has been caused in large part by lower costs of production in other countries, especially in the wages paid to agricultural employees, which it is the policy of the United States~to maintain at relatively much higher levels than in other countries. Because of this unfair disparity in costs of production which exists in other countries by reason of the payment of substandard wages, it is prac- tically certain that imports of fresh fruits and vegetables will continue to increase and further destroy the market for such commodities produced in the * United States. Tomatoes from Mexico have poured into the United States for the last 6-to-7 years to a point where they have destroyed the American market, and yet the President, who was given the power and designated by the Congress as the person to act, failed to do so. The President has too many things under his control. This gives him too much power PAGENO="0584" 5024 and centralizes the power, forming a bureaucratic or dictator form of government. If the people wish to have control of their Government, then the Congress must keep its power and not give it to the President. I have read and studied the new recommended administration trade bill (H.R. 17551). Farming ~s unique and different from other busi- nesses. The criteria of eligibility for adjustment assistance, explained in the proposed administration trade bill, may well serve its purpose in industry but to farming it has no value. Adjustment assistance must be given in a different form to agriculture. All vegetable crops are produced in abundance in Florida and for the tomato growers to grow other vegetable crops would only throw the whole vegetable growing industry into a turmoil. In fact, many of the other vegetable growers are also getting in a chaotic condition by the ever-increasing imports from Mexico. There is an adjustment assistance, a new criteria, not mentioned in the administration trade bill that would serve the tomato industry of Florida well. It is very simple; it would be economically sound; it would protect the Florida tomato grower from being completely eliminated. I have been to Mexico during the tomato growing season. I have as- certained the cost of growing, harvesting, and trucking Mexican to- matoes to the U.S. border at Nogales, paying the U.S. duty, and find that the total of all these charges is 2 cents per pound less than the cost of growing and harvesting tomatoes in Florida. To determine if Florida tomato growers would qualify for adjust- ment assistance I would propose the new criteria in the administration trade bill. If they qualified, then, the total tariff collected on all im- ports of tomatoes week by week would be distributed among the U.S. producers, based upon the amount of U.S. No. 1 grade tomatoes each grower shipped during that week. This is a very flexible plan, insuring the consumer of excellent qual- ity, cheap tomatoes and keeping the incentive for the Mexican grower, as well us the American grower, to produce the best quality product at the lowest price. This would have a tendency to stabilize the production in Mexico and also to stabilize the production in Florida. It would have a tendency to put on the brakes and to slow the down- ward movement of the great Mexican avalanche which is destined to crush the tomato growers in Florida. Gentlemen, it is high time that something is done for the Florida tomato grower. I point out that the President had the power to act but did nothing. The proposed new administration bill is empty and has nothing to. offer the tomato industry. I hope the Ways and Means Committee will take the bull by the horns and do something specific for the fruit and vegetable growers of America. The fruit and vegetable growers of America, with only a few exceptions, stood on their own feet during all the past years when other segments of agriculture received billions of dollars and are still receiving a handout. Yes, the vegetable grower carried his own load and even more, when the corn and wheat farmers were paid not to grow corn or wheat, yet they could convert to growing all the vege- tables they wished to grOw. PAGENO="0585" 5025 Don't make the mistake again by neglecting the fluent segment of agriculture. There are oniy two plans that will save the Florida tomato industry: the one I mentioned by adding the distribution of the tariff revenue among the producers to the administration trade bill, or adopting the House bill H.R. 16416. During the 1965-66 season, there were 8,310 acres of vine-ripened tomatoes grown in Florida. The increasing imports from Mexico de- pressed the market to such an extent that great sums of money were lost by the Florida tomato growers, causing a 35 percent reduction in acreage in 2 years, from 8,310 acres to 6,570 acres. From January 1, 1968, this year to May 1, 1968-the first 4 months of 1968-Mexico marketed one-half of the fresh tomatoes consumed in the United States. Also, Florida, some years ago, had 90 percent of the Canadian business; now Mexico has the 90 percent and Florida has only the 10 percent. The thinking 5 years ago was that the Communist countries would never produce enough food for themselves, and Secretary Freeman had great hopes to export grain to Eastern Europe. Dr. Halloway, an economist from the University of Michigan, who traveled in Russia and Eastern Europe, who knows the situation, told the DARE-De- veloping agricultural resources effectively-Conference in Florida that the hope of selling grain to Eastern Europe has vanished. With such changes in 5 years time, we can expect that Russia and the other Communist countries will be selling grain in the world markets. In India, they now have hybrid rice, which increases the yield 300 to 400 percent and also makes it possible to harvest three crops per year on the same land instead of two. Are we building up false hopes, expecting to export more agricultural products? Let me quote you some excerpts from U.S. News & World Report of March 4, 1968: You get this picture from new reports by U.S. Department of Agriculture- World farm production climbed four percent in 1967. Gains are outracing population growth. That includes India * * Harvest of grains is mounting. Wheat alone hit its second-highest mark. West Europe, Russia, the U.S. all posted sizable harvests last year. Russia has become the top cotton producer after the U.S. cut production. Forecasts is for still more records. Edible oils-peanut, soybean oils and butter, for instance-are expected to total best yet this year. Winter wheat outlook is rated on par with 1967. Washington's experts figure the world will produce more grain than can be sold for at least the next 10 or 15 years. Problem will be to bolster prices. Outlook in developing countries is growing. New strains of rice are being planted. Fertilizer use is rising. Aid projects are zeroing in on food. More countries are trying to feed themselves 100 percent-~high-cost West Europe included. Result: markets for U.S. products are beeing closed off by protection. Consumers in European Common Market are paying more. Britain, of all places, is toying with self~sufficiency in meat and animal feed * * * Gentlemen of the Ways and Means Committee, let us hold to that bird we have in our hand. Let us not turn loose the one we have, expecting to catch the two in the bush. Let us save that segment of agriculture which has been a loyal group of farmers in Florida, who have produced the fresh vegetables and citrus fruit for years and years, the health food of our Nation during the winter months without subsidy or remuneration. PAGENO="0586" 5026 It is wishful thinking that we will become a great grain-exporting Nation. The greatest endeavor, the greatest emphasis, the top-most priority of any nation is to produce food, thereby being self-sustain- ing. With all the sciences available, the future holds an abundance of food the world over. Even India has the potential to produce 600. percent more rice. Why even India will be an exporting country of grain in years to come. Mexico, sometime ago, was a customer of ours, buying wheat; but today Mexico is our competitor, selling wheat and rice on the world market. What I am trying to say is that if we have free trade we will be importing more agricultural products than we are exporting. Again 1 say, we must keep that segment of agriculture which has served our Nation so well through thick and thin and supplied us with the vita- mins our people need for health. What is causing all the unrest and turmoil in our country today? I can tell you what it is. We are turning the world upside down, trying to accomplish our goals in a short period of time, going hog wild trying to police the whole world, trying to get to the moon first, trying to have free trade the world over and do it overnight-this is causing the turmoil and unrest. If we take it slower, accomplish our goals more securely and accurately, our people will settle down and our Nation will be the better. Our Nation's goal should probably be for free trade but let us not sacrifice one group of people for the sake of another group. This is what causes unrest, bitterness, and the fall of a nation. When you keep the bird that you have in hand, that is sound practice, and the best for the Nation; but if you turn loose the biçd in your hand and you go for the two in the bush, you cause great turmoil, unrest, and bitterness in trying to catch the two in the bush. Again let me say the best thing to do for the tomato industry in Florida, the best thing for our Nation as a whole, is to pass the bill, H.R. 16416. Thank you, Mr. Chairman and members of the Ways and Means Committee. Mr. HERLONG. Thank you, Mr. Rauth, for your very fine statement. Are there questions? If not, we do appreciate your appearance before the committee. Thank you very much. Mr. RAuril. Thank you. Mr. HERLONG. The next witness is Mr. Jerry Nowinski. I under- stand Mr. Nowinski will be presented by our colleague on the com- mittee, Mr. Vanik. Mr. Vanik, will you do that? Mr. TALISMAN. On behalf of Congressman Vanik, who had a previ- ous commitment, I would like to present to the committee Jerry Nowinski, who is president of the Cleveland Greenhouse Growers Association. He will introduce his colleague. We have in our district the largest agricultural product area in northern Ohio with 500 out of 1,000 acres of grass in the United States under cultivation and last year if you remember we had a special day set aside in the House restaurant so that we could taste their products and all of you did Iknow. PAGENO="0587" 5027 So Mr. Vanik regretted that he wasn't able to be here. He had a previous commitment, but will be with these gentlemen later this afternoon. We appreciate the reception. Mr. BETTS. Mr. Chairman, I would like to welcome Mr. Nowinski to the committee since you come from northern Ohio and I am almost up there myself in your district~. I regret that I have to leave but I will come back if I can and study your statement. I will certainly read it over. Mr. HERLONG. Thank you very much. We will be pleased to hear you if you will identify yourself for the record. STATEMENT OF JERRY NOWLNSKI, CHAIRMAN, CLEVELAND GREENHOUSE GROWERS COOPERATIVE ASSOCIATION; ACCOM- PANIED BY ROGER RULTENIK AND RICHARD PRETZER Mr. NowINsKI. Thank you Mr. Chairman. I would like to introduce two fellow growers, Mr. Richard Pretzer and also Mr. Roger Rue- tenik. Mr. Chairman, we welcome the privilege to present the views of the greenhouse vegetable growers of the United States relative to H.R. 17551-proposed Trade Expansion Act of 1968-now before this committee. My name is Jerry Nowinski, president of the Cleveland Greenhouse Vegetable Growers Cooperative Association. I am also speaking on behalf of the National Association of Greenhouse Vegetable Growers, the Grand Rapids, Mich., greenhouse industry, the Ohio Greenhouse Association, the Hamilton County (Cincinnati) Greenhouse Associa- tion, and the Toledo Greenhouse Association. I operate my own green- house near Cleveland, Ohio, where I am producing tomatoes, bibb and leaf lettuce. In this brief you will find copies of letters from the presidents of the National Greenhouse Association, Ohio Greenhouse Association, Hamilton County (Cincinnati) Vegetable Growers Association, and the Toledo Greenhouse Association. These letters give additional sup- port to the serious problem of effect of imports in the greenhouse vegetable industry. (Exhibits A, B, and C.) Mr. HERLONG. Mr. Nowinski, I have just learned that there is a yea- and-nay vote on the House floor. I wonder if we may suspend for a few moments. We will be back just as soon as we can possibly get back. There is one other witness after you. If you will permit us to answer the roll we will be right back. Please excuse us. (A brief recess was taken.). Mr. HERLONG. Again pardon us for having to leave. You may proceed, Mr. Nowinski. Mr. NowINsKI. Thank you, Mr. Chairman. I would like to continue just to express our viewpoint on agriculture. VIEWPOINT ON AGRICULTURE For national security, health, and welfare of our citizens, we must have a strong and prosperous agricultural industry. A consistent food PAGENO="0588" 5028 supply is essential, and a qualified, well-trained labor force available at all times. The emphasis placed upon U.S. produced food during World War II supports this statement. The phenomenal growth of the en- tire U.S. economy has been possible due to the efficiency of American agriculture. The American housewife spends only 19 percent of her family income for food. For the best interests of our citizens, we believe a strong U.S. agriculture must be maintained. We believe that a strong U.S. trading policy will benefit the pro- ducers of agricultural products if restrictions on imports are designed to encourage and give some protection to U.S. agricultural producers. A trade policy must encourage and protect the producers of such commodities as tomatoes and other vegetables. We cannot become dependent on foreign countries for our food supply. If tomatoes grown in Mexico are allowed to be shipped into the United States and sold at prices based on the wages paid to Mexican workers, U.S. tomato growers in Florida, California, Texas, as well as local State growers and the highly specialized greenhouse tomato growers, will be forced out of business. This will be a loss to the Nation, a loss to the people that own and operate the greenhouses and a loss to the many workers who depend on the vegetable greenhouse for a living. U.S. GREENHOUSE TOMATO INDUSTRY ILLUSTRATES EFFECT OF UNRESTRICTED IMPORTS The experiences of the U.S. greenhouse tomato industry illustrates the problem which can occur when imports are permitted to enter this country with little consideration to local market conditions. Greenhouse vegetable production is one of the most specialized forms of commercial agriculture in the United States today. At the present time, there are about 1,000 acres of land in the United States covered with greenhouses for the production of tomatoes, bibb and leaf lettuce, cucumbers, watercress, and radishes. These 1,000 acres of greenhouses produce 160 million pounds, which generate $40 million annually in our economy. About 500 acres are concentrated in Ohio. The tomato is the leading crop produced in vegetable greenhouses in the United States. Horticulturally speaking, the greenhouse tomato is grown to perfection and has the finest quality of any tomato grown in the world. In 1968, to produce these fine tomatoes, it will cost a grower about $125,000 per acre to erect a greenhouse. This will give you some idea of the amount of money which the U.S. greenhouse vegetable growers have invested in their business. ($125 million). Over the years, the greenhouse tomato grower has had to face the competition from Florida, Texas, California, and other areas where tomatoes are raised out of doors. By using the latest scientific know-how and good man- agerial ability, many greenhouse growers have been able to meet this competition. Sometimes the competition was rough and the greenhouse grower sold tomatoes at prices lower than the cost of production. But, for the most part, our industry was able to exist with this competition. PAGENO="0589" 5029 The same Federal laws and regulations affect the growers in other States (Florida, California, and Texas) as they do the greenhouse grower. Manufacturers of hard goods have some control over the market and the marketing period for their products, but the greenhouse vegetable grower, as well as the outdoor farmer, has very little control over this phase of the business. Greenhouse tomatoes are perishable and they must be sold soon after harvest. An over-supply of a perishable crop at harvest can result in low wholesale prices. Since the crop is sold during a relatively short period, low prices can be disastrous to the individual grower. Due to the present trade policy, the tomato imports, primarily from Mexico, are heaviest during our marketing period. The effect of our present trade policy will be discussed later. We have surveyed some of our representative greenhouse grower members regarding production costs during 1967. The average gross cost for producing greenhouse tomatoes was $1.86 per 8-pound basket, or about 23 cents per pound. The average wholesale price was $2.01 per 8-pound basket, or about 25 cents per pound, leaving only 15 cents per basket, 2 cents per pound, or $3,000 per acre to cover management, depreciation, and profit. Obviously on a return of this nature, we cannot stay in business, we cannot meet the demand of society and we cannot attract young people who desire to enter the field of agriculture as an occupation. One further point should be mentioned, wholesale prices have re- mained constant during the past 10 years as shown below: 1957 $2.27 1962 $1. 93 1958 2. 02 1963 2. 01 1959 1. 95 1964 2. 16 1960 2. 02 1965 2.02 1961 1. 88 1966 2. 01 These wholesale prices should be compared with the official OPA established price of $2.52 per 8-pound basket (about 31 cents per pound) during World War IL1 Our production costs, like most industries, have increased rapidly since 1957, but the wholesale prices which we receive have not in- creased. Actually in terms of the buying ability of the dollar, the prices have decreased. A survey of representative growers in our industry indicates labor costs have doubled during the past 10 years. Other increases over this period are: taxes, 76 percent; repairs, 45 percent; containers, 23 per~ cent; other supplies 20 percent, and fuel 19 percent. In spite of in- creased yield per acre through improved production technology and use of labor-saving equipment, we are unable to increase our gross in- come per acre to offset these increased production and marketing costs. The increased quantity of tomato imports has been one of the factors affecting these wholesale prices. 1During the time the ceiling price was in effect, rec&rds indicate that the overall average wholesale price was near the $2.52 ceiling price. PAGENO="0590" 5030 TOMATO IMPORT SITUATION The imports of Mexican tomatoes have doubled since 1955. The following table summarizes the imports from 1955 through 19:66, for 3-year periods. Annual Average Tomato Imports in U.S. From Mea'ico for 3-year period (Thousand Years: of pound8) 1955-57 158, 456 1958-60 - 249, 011 1961-63 242, 452 1964-66 297, 166 According to a recent report (April 19, 1968) from the U.S. Depart- ment of Agriculture, "Mexico continues to encourage expanded invest- ment under its 5-year development plan, initiated in 1966. Government investment for 1968 is projected at 11 percent above 1967, and private outlays are expected to increase by about 16 percent. Agricultural policy goals outlined by the government in September 1967 emphasized accelerated agrarian reform, expanded irrigation facilities, and im- proved farm practices." 2 On the basis of this projection and other reports, whcih we have seen in trade papers and oral reports from qualified industry leaders who have been in Mexico, we expect a continued increase in tomato imports from Mexico unless some change is made in our trade policy as it affects tomatoes. The import of tomatoes from Mexico during the past 10 years has been our greatest competition. This unfair competition from Mexico, where labor and other production costs are much lower than similar production costs in the United States, demand some kind of quota restrictions or other import controls during certain greenhouse market- ing periods. To illustrate the wide discrepancy in labor costs, a recent U.S. Department of Agriculture publication reported: In 1960, the wage for unskilled labor (in Mexico) including sociaj benefits, is $1.72 for an 8-hour day, or 21~ cents per hour.3 At the present time, many of our members are paying hourly rates equivalent to and in many instances more than the Mexican daily rate. According to this same U.S. Department of Agriculture report, about 75 to 80 percent of these tomatoes are imported in the United States during February, March, April and May. These months coin- cide closely with the months when greenhouse tomatoes are in produc- tion. If we would include the Mexican shipments for December and June (other important greenhouse tomato production months) over 80 percent of the Mexican tomatoes would be coming on our markets when greenhouse tomatoes are `also being marketed. To support this point further, the official U.S. Department of Agri- culture reports on vegetables unloaded at Chicago, Ill.,~ show for example in 1967, the following situation: 2From ER'S-Foreign 222, the Western Hemisphere Agricultural Situation, Review of 1967 and Outlook for 1968, Economic Research Service, U.S. Department of Agriculture, 1968. FAS-M178, Survey of Mexican Vegetable and Melon Production, FAS, U.S. Depart- ment of Agriculture, 1966. Fresh Fruit and Vegetable Unloads in Midwestern Cities, calendar year 1967, Coasumer and Marketing Service, U.S. Department of Agriculture, 1968. PAGENO="0591" ~O31 Mewican tomatoes nnloaded at Chicago (8-paund basket equivalent) Month: January 2~5, 000 February 442,000 March 450,000 April 432,000 May 477,000 June 234,000 Similar data can be presented for other important markets like De- troit, Cleveland and Cincinnati. Representative Herlong of Florida, a member of this committee, recognizes the tomato import problems and has introduced H.R. 16936 to the 90th Congress on May 1, 1968. We, as an industry, support Mr. Herlong's bill and hope this committee will give serious consider- ation to it. SUMMARY The rapid increase of fresh tomato imports has severely affected the greenhouse tomato industry. If this trend continues, and recent reports mentioned earlier indicate it will continue, the future of this important vegetable industry is in jeopardy unless some changes are made in the U.S. trade policy during critical market periods. Certain specialized areas of the U.S. agriculture need help. Greenhouse tomato growers in the United States are unable to meet the subsidized competition from tomatoes produced in Mexico and then shipped to the United States for sale in the retail stores in our metropolitan areas.5 To illustrate the effect of these imports in wholesale prices, the ex- periences during the 1968 spring tomato season can be cited, as an example. Disease and related production problems during early spring 1968 reduced the Mexican tomato production. The imports of tomatoes from Mexico for February through May were about 50 percent less than imports for comparable periods in previous years. The whole- sale prices received by greenhouse growers during 1968 are the best prices received during the past 10 years. Also of interest, the average retail price of greenhouse tomatoes has been the same as in previous years, so the decrease in imports did not increase the cost to the consumer. GREENHOUSE VEGETABLE GROWERS CONTRIBUTIONS TO U.S. ECONOMY The greenhouse vegetable grower uses labor throughout the year. In addition to the millions of dollars he pays for supplies, the taxes which he pays are much higher than many other phases of agriculture since the businesses are located near metropolitan areas. A recent sur- vey of our members indicated their local taxes will average nearly $2,500 per acre. As mentioned earlier, we have more than 500 acres of greenhouses in Ohio alone. This money spent by U.S. greenhouse growers is reinvested in our local communities, in our States, and in our country. Also the greenhouse employees pay taxes, support their community, spend their money and are gainfully employed 12 months out of the year. The majority of greenhouse workers own their own homes, drive automobiles, and send their children to school and college. 5Exhibit D, Farmers Production Credit Association, Ashland, Ohio, Apr. 9, 1968. PAGENO="0592" 5032 His counterpart in Mexico works for less, doesn't have a home or car, and works with his children in the field on a seasonal basis. We in our small way, are contributing to full employment. Our support industries, such as maintenance, packaging, supplies, fuel, insurance and so forth, all add to this country's economy. As small business, we are contributing to make the U.S. economy strong. RECOMMENDATIONS We believe a successful greenhouse vegetable industry is in the best interests of the consumer. To have a strong industry, some pro- tection must be given to the U.S. greenhouse industry from the un- limited imports of tomatoes from foreign countries. 1. Since about 80 percent of the tomatoes from Mexico are being imported during the local greenhouse market season, we believe an adjustment should be made on the duties during this shipping season. 2. To provide for sound future growth of the entire greenhouse vegetable industry, we believe a quota system should be established to regulate the imports of tomatoes, based on the supply available and the need as outlined in the Herlong bill. Thank you, Mr. Chairman, for this opportunity to present our viewpoints on a very serious problem affecting the future of the green- house tomato industry in the United States. (The material referred to follows:) TABLE 1.-U.S. IMPORTS OF TOMATOES (FRESH) FOR CONSUMPTION, 1956-66 Calendar year Pounds Value 1966 1 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 360,600,000 269,000,000 249,200,000 242, 000, 000 236,200,000 176,200,000 312,700,000 262,700,000 264,600, 000 119,500,000 95,000,000 $52, 300, 000 29,900,000 27,700,000 20, 900, 000 17,600,000 13,000,000 23,900,000 19,900,000 20,600, 000 8,200,000 6,700,000 Month 1965-66 1966-67 December 127. 1 237.9 January February March 403.2 708.6 688.0 519.6 721.0 667.4 April May June 807.6 513.3 79.6 690.1 601.9 215.2 July 12.3 46.5 Total 3, 339. 7 3,699. 6 I Data for 1966 from U.S. Foreign Agricultural Trade by Commodities," calendar year 1966, p. 35, U.S. Department of Agriculture, July 1967. Source: ERS.Foreign ~ "Effects of Changes in Use of Seasonal Workers on United States.Mexican Agricultural Trade and Balance of Payments,' p. 11, U.S. Department of Agriculture, August 1967. TABLE 2.-U.S. IMPORTS OF TOMATOES FROM MEXICO Eln thousands of hundredweightj Source: FAS-M 178, Survey of Mexican Vegetable and Melon Production 1966, and brought up to date by correspond- ence with officials in Foreign Agricultural Service, U.S. Department of Agriculture. PAGENO="0593" 5033 TABLE 3.-TOMATOES: OHIO AND MEXICO TOMATOES UNLOADED BY RAIL AND TRUCK AT 18 U.S. CITIES IN 1966 AND 1967 From Ohio I From Mexico 2 City 1966 1967 1966 1967 Chicago, III 144 148 425 454 Cincinnati, Ohio 254 271 50 79 Cleveland, Ohio 879 835 65 93 Detroit, Mich 248 203 145 147 Indianapolis, Ind 1 36 58 Louisville, Ky 9 9 29 29 Milwaukee, Wis 14 8 30 22 St. Louis, Mo 5 4 141 154 Atlanta, Ga 1 43 24 Columbia, S.C 4 2 Baltimore, Md 14 35 58 40 Boston, Mass 2 93 44 New York, N.Y 88 94 379 263 Buffalo, N.Y 95 97 38 25 Philadelphia, Pa 39 28 131 110 Pittsburgh, Pa 243 290 38 10 Providence, R.I 9 14 2 Washington, D.C 41 50 35 43 Total 2,089 2,089 1,597 1,736 I Source: "Fresh Fruit and Vegetable Unloads," Calendar year 1967. Consumer and Marketing Service. Fruit and Vege- table Division, U.S. Department of Agriculture. 2 Represent rail and truck unloads. One load equivalent to 36,000 pounds. TABLE 4.-COMPARISON OF U.S. FRESH VEGETABLE IMPORTS AND TOMATO IMPORTS FROM MEXICO, 1957-66 (In carlot equivalentsj Fresh vege- Tomato table imports imports from from Mexico' Mexico 1966 21 555 9 964 1965 20878 7,373 1964 19,892 6,836 1963 19,786 6,665 1962 16,492 6,471 1961 12,598 1960 16,638 1959 16,682 1958 14,778 1957 8,843 `Fresh Fruit and Vegetable Shipments, C & MS-14, Consumers and Marketing Service, U.S. Department of Agriculture, Washington, D.C. (1967). ExHUSIT A HAMILTON COUNTY VROETABLE GROWERS ASSOCIATION, Cincinnati, Ohio, June 20, 1968. Mr. JERRY N0wIN5KI, * President, Clevelan4 Greeahonse Vegetable Growers Cooperative Association, Rocky River, Ohio. Da&n Mn. NowINsKI: We were pleased to hear that you will be presenting testi- mony in Washington soon before the Ways and Means Committee in the House of Representatives. The tomato imports primarily from Mexico have had a disas- trous effect on our market here. We have been unable to compete with these tomatoes which have been produced where labor costs are much lower than they are in the United States. If some protection is not given to our industry, we will be out of business here in less than five years. At the present time, we have about 55 acres of greenhouse tomatoes in the greater Cincinnati area. This represents an investment of more than $6,000,000 on basis of present replacement costs. Estimates in the Cincinnati area indicate our production, harvesting, and marketing costs are nearly $2.00 per eight pound basket. This leaves very little for a return on our investment. These costs should be compared with the selling price of some Mexican tomatoes recently on the Cincinnati market. Some of these tomatoes were being sold for e5-159 O-&8-pt. 1O-38 PAGENO="0594" 5034 as little as 130 per pound ($1.04 for an eight pound basket equivalent.) These imports have increased rapidly during the past several years. We believe in a competitive market. Most of our members are willing to take their chances and to compete with outdoor growers in Florida, Texas, California, and other southern states producing tomatoes at the same time as we do, but we believe it is unfair to try to compete with an area where daily labor costs are equivalent to what we must pay for an hour of labor. Perhaps some kind of a quota may be applicable if the tariff cannot be raised on these imports. In 1967, over 60% of the Mexican tomatoes for the entire year were unloaded in Cincinnati during three months-March, April, and May. But of probably greater economic significance to the citizens of Ohio, as well as the growers of our industry, is the very rapid increase in the proportionate amount of Mexican tomatoes coming to Cincinnati. In 1965 less than 3% of the unloads came from Mexico; in 1967 this had jumped to nearly 11%. We are sending a copy of this letter to our Congressmen from the greater Cin- cinnati area. Perhaps they may be willing to express their concern, too, on this important matter. Sincerely yours, JOHN Evzas, President. EXHIBIT B OHIO GREENHOUSE CO-OPERATIVE ASSOCIATION, Cleveland, Ohio, June 19, 1968. Mr. JERRY N0wIN5KI, Cleveland G-reenhcnLse Vegetable, Growers Cooperative Associaticm~, Rocky River, Ohio. DEAR MR. N0wIN5KI: The Ohio Greenhouse Co-operative Association asks that you represent our association in speaking before the Ways and Means Committee in support of ll~R. 17551. I sincerely hope that Congress will enact legislation to protect our industry from the growing threat of foreign imports to our land. Sincerely, HOWARD LONARDO, President. EXHIBIT 0 NATIONAL AsSOCIATION GREENHOUSE VEOETABLE GRowERs, Cleveland, Ohio, June 5, 1968. Mr. JERRY NOWINSKI, Greenhonse Industry Committee Chairman. D~R MR. N0wIN5KI: As President of the National Greenhouse Vegetable Growers Association, and of the Toledo Greenhouse Association, the Board of Directors of these organizations, as well as the representatives of the Grand Rapids, Michigan, Greenhouse Industry, would request you and your constituents to represent our industry at the hearings with the Ways and Means Committee in Washington, commencing June 4, 1968, regarding the importation of the foreign vegetable into the United States. Sincerely yours, LEONARD BzmNaER, President. EXHIBIT P FARMERS PRODUCTION CREDIT AssoCIATIoN, Ashland, Ohio, Aprit 9, 1968. GENTLEMEN: We are writing this letter to express the opinion of the Board of Directors and employees of our organization in regards to the current farm situation. In 1967 our Association loaned $24,724,718 to 3178 borrowers in our eleven- county area. Our area is quite diversified since we have counties bordering Lake Erie in which the major farm enterprise would be truck crops and grain and, of course, the greenhouse industry since Lorain and Cuyahoga counties have the largest concentration of greenhouses in the world. Our counties to the south of these are devoted primarily to dairy, cattle feeding and poultry enterprises. PAGENO="0595" 5035 During February, 1968, our Association's loans were examined under the super- vision of the Farm Credit Administration and the results indicate that 15.6% of our loan numbers which includes 22.2% of the dollars outstanding, have one or more major credit weaknesses. The most frequently mentioned weakness by the credit examiners is the borrower's repayment ability. It is our opinion that farm prices are not adequate to return the price of production in many of these enterprises, particularly in the vegetable greenhouse, poultry and cattle feeding areas. Phere are several reasons for these low farm prices, but in our opinion, one of the main ones is the inequality of the import- export situation between the United States and other nations. We do feel that it is very important that a serious study be conducted on these problems at a high level of government. Hopefully these inequalities could be resolved with a corresponding improvement in the farm price situation. This must be done in the near future if agricultural production is to remain in the hands of the farm family as we have known it traditionally. Sincerely yours, FRED CAMERON, President. JAMES DERAN, General Manager. Mr. HERLONG. Thank you very much. We appreciate your testi- mony. Are there questions? Mr. Conable. Mr. CONABLE. You have of course a particular seasonal problem because of the high cost of your product and the periods of scarcity from a seasonal point of view. Mr. NowINsKI. Yes. Mr. CONABLE. Are you asking for quotas and tarifFs too? They both seem to be in your recommendations. Wouldn't one be enough to help you, or do you really feel you need them both? Mr. N0wINSKI. We as a greenhouse industry certainly think a com- bination of the two would be very helpful. Mr. CONABLE. You would like to see the quota adjusted seasonally, would you? Mr. NowINsKI. Right, depending on the amount of imports. All of this is predicated on what other growing areas produce such as Florida and Texas and California. Our price is determined by what these other areas produce. Mr. CONABLE. I can see you have a high risk business there with lots of expenses. Mr. N0wINSKI. Extremely high risk. Mr. CONABLE. Thank you. That is all, Mr. Chairman. Mr. HERLONG. Thank you. Thank you so much for your appearance. Mr. NowINslu. Thank you. Mr. HERLONG. The next witness is Mr. Luke F. Beckman. Mr. BEYrS. Mr. Chairman. Mr. HERL0NG. Mr. Betts. Mr. BETrs. Mr. Beckman doesn't live in my district, but he lives awfully close to it. He lives in Mr. McCulloch's district. I would like to encroach upon Mr. McCulloch's prerogative to welcome him to the committee. I am sure he wouldn't object. He has been very patient waiting to be the last witness. I hope those who are still here will listen to him. Mr. CONABLE. Of course he is farther from my district but he has some good friends there. I would like to say he is the last witness but not the least. PAGENO="0596" 5036 STATEMENT OP LUKE P. BECKMAN, PRESIDENT, MINSTER CANNING CO. Mr. BECKMAN. Thank you, Mr. Chairman and I thank all of you gentlemen. Mr. HERLONG. Thank you. Will you please identify yourself for the record and proceed in your own way. Mr. BECKMAN. I know you have gone over your lunch hour and tried to finish the hearings. Mr. HERLONG. We are used to that. Don't worry about that. Mr. BECKMAN. I appreciate that very much. I have a condensed copy of what I planned in my oral testimony and with your permis- sion I will give you that and it will be much shorter. Mr. HERLONG. If you like, your entire statement will appear in the record. Mr. BECKMAN. I would like to have that. Mr. HERLONG. Without objection it will. be made a part of the record. Mr. BECKMAN. I am Luke F. Beckman, president of the Minster Canning Co., Minster, Ohio. Our firm is a small to medium size packer of canned peeled tomatoes, tomato puree, catsup, and salad mustard. In addition to my company I have been asked by 35 other tomato canners, in a total of 10 States, representing 48.4 percent of the total U.S. production last year of peeled tomatoes to speak for them at this hearing. Tomato canners, such as myself, are experiencing difficulties in marketing our products as a result of imports of canned tomatoes and tomato products. Enactment of legislation that will increase the protection for these products, either through higher tariffs or import quotas, or both, is essential. A number of the tomato processors have furnished me with their direct cost figures for 1967, and my written statement compares our costs and prices with the prices of imported canned tomatoes. The direct factor cost of canning peeled tomatoes-in Ohio, Michi- gan, New York, and Georgia, averaged $3.851 in 1967 for a case of six No. 10 cans. For your information a No. 10 can is very often compared to a gallon although it is a little smaller than a gallon. That cost figure does not include overhead, selling expense, or profit. Compared with that, we have quotations from reputable food brokers, offering canned tomatoes from Spain, delivered to all east coast points, for only $4.10 per case out of the new pack. When I talk about new rack I mean the nack in 1968. this fall in August and September. This leaves the U.S. packer only 24.9 cents per case, only 4 cents per can, over his direct factory cost, to meet Spain's competition. That is hardly enough to pay the freight from his plant to the buyer's warehouse, much less to pay for the selling costs, overhead, profit, and something to buy replacement machinery. I am also concerned about the rising imports of tomato paste, which is competitive with and can be substituted for tomato puree which our firm packs for remanufacturers of other products. In the brief time which I am allowed, I can only summarize the reasons which are set. forth in my statement as to why the United PAGENO="0597" 5037 States should increase the tariffs or other protection for canned tomatoes. First is the fact that of all the canning crops grown in the United States, tomatoes account for the largest total value. They are worth $320,218,000 at the farm before they leave for the processing plants. Tomatoes and tomato products account for the largest product volume of any commodity line in our industry. A good deal of hand labor is employed in tomato canning. In my plant in Ohio, as in other canneries in the United States, we pay the legal minimum wage of $1.60 per hour,. and much higher for most of our personnel. At the same time the price of cans went up 5½ per- cent last year. Our total costs were up in 1967 a total of 15 percent over 1966 costs. A large portion of that increase in our operating costs results from action by the Congress in raising the minimum wage. I would have you gentlemen know that in our industry never since the first wage rates were established back in 1933 and 1934 have we ever appeared before Congress and objected to the raise in the minimum wage. Also in 1967, field labor came under a minimum wage for agricul- tural workers at the direction of the Secretary of Labor. We are competing with countries whose labor costs are much lower than ours. In order to assure a supply of tomatoes of suitable quality for processing in our cannery in Minster, Ohio, we grow all of our own tomatoes. By integrating the farming and canning operations, the Minster Canning Co. is better able than many other canners to control costs. But, with only one source of income-arising out of the sale of our finished canned food products-we are unable to compete either in our farm operations or in our canning operations with the low cost imports from Spain and other countries. A number of other tomato processors have integrated their farming and canning in the same manner. The people employed in growing the tomatoes, those employed in the plant and the warehouse-all depend on our ability to stay alive in the tomato canning business. The jobs and incomes of many people in our community are jeopardized by the situation which now threatens us. I would like to propose that the tariffs on canned tomatoes and on tomato paste be increased by at least 50 percent above the rates existing prior to the Kennedy round. However, I am not at all sure that imports from low cost supplying countries can be dealt with by tariff increase alone. As the major problem at the present time appears to be the price differential between domestic canned tomatoes and tomato products and the imported products, a tariff increase would be helpful in protecting our pricing. The total imports of tomatoes and tomato products in 1967 were double the imports of 1966. Very many doublings of imports of canned tomatoes and tomato products each year could easily spell disaster to the domestic production. PAGENO="0598" 5038 In other words, if you only had 1 percent of the total consumption of tomatoes in this year that were imports and you double it for 7 consecutive years you would have 128 percent. I think it is something to think about. Some way will have to be found, in addition, to limit the volume of imports from low cost supplying countries, such as Spain, Morocco, and Mexico, Italy and France. If the committee and the Congress would favorably consider some form of quota legislation that provides for market sharing, I would ask that you include canned tomatoes and tomato paste in its provisions. (Mr. Beckman's prepared statement follows:) STATEMENTOF LUKE F. BECKMAN, MINSTER CANNING Co. I am Luke F. Beckman, President of The Minster Canning Company, Minster, Ohio. Our firm is a small to medium size packer of canned peeled tomatoes, tomato puree, catsup, and salad mustard. Our pack of tomatoes and tomato products total approximately 200,000 cases per year. In addition to my company I have been asked by other tomato canners in other states, who represent a total of 13,630,000 cases of tomatoes packed in 1967, to represent them in this hearing. Tomato canners, such as myself, are experiencing difficulties in marketing our products as a result of imports of canned tomatoes and tomato products. Imports of No. 10 cans of tomatoes are being sold in the Midwest at prices hardly above our direct factory cost. Enactment of legislation that will in- crease the protection for these products, either through higher tariffs or import quotas, or both, is essential. Since our basic problem is price rather than volume of imports, I would prefer higher tariffs rather than import quotas. The de- livered price of imported canned peeled tomatoes to the canned foods distributor's warehouse has an extraordinary effect upon the market price of canned peeled tomatoes packed in this country. Imports of canned tomatoes reached a new all-time high last year. The quantity of canned tomatoes imported in 1967 was more than 133 million pounds, an in- crease over 1966 of 29 percent. The principal supplier was Italy, which shipped four-fifths of the total. The second largest foreign supplier was Spain, which furnished more than 20 million iounds. The damaging effects from these imports are not alone in the quantities imported, but more threatening in the low prices. In the face of rising costs and rising prices here in the United States, the average unit value of imports of canned tomatoes in 1967 actujally declined, from an average of 9.2 cents per pound in 1966 to 8.4 cents per pound in 1967. The ;Minster Canning Company has a sales comparison chart upon which the inventory of saleable merchandise is listed at the market prices prevailing on January 1st. At the end of each month the actual sales are compared with the inventory and gains or losses are listed. From January 1, 1968 to June 1, 1968, our sales showed a net loss of $8,542.05 below the January 1 inventory. It would be too cumbersome to use all sizes of canned peeled tomatoes in my attempt to give you a picture of costs and selling prices over a period extending from the packing season in the fall of 1967 through June 1, 1968. For comparison purposes I will use the No. 10 can size. From Ohio, Michigan, New York and Georgia, I have received the direct factory cost figures of canning peeled toma- toes. This cost averaged $3.851 per case of 6 No. 10 cans. This cost figure did not include overhead, selling expense or profit. We have quotations from reputable food brokers, offering cages of six No. 10 cans of peeled tomatoes, packed in Spain, with or without a U.S.D.A. certificate of grade, deiivered to the buyers' warehouses between August and December, 1967, to all Eli~st Coast points for $4.10 per case. This leaves the United States packer .249~ per case over his direct factory cost to meet Spain's competition. Hardly enough to pay the freight from his plant to the buyer's warehouse, much less pay for the selling costs, overhead, profit and something to buy replacement macftiinery. The price squeeze began in December 1967 and has continued to this date. In December 1967 the average selling price of a case of six No. 10 cans of peeled tomatoes was about $5.00. It has continued a downward spiral until now it is PAGENO="0599" 5039 ~asy to purchase them for $4.00 per ease. A recent purchase was made by the U.S.D.A. for 269,700 eases of six No. 10 cans of peeled tomatoes on bids from the packers and the average price paid for them was $3347 per case. I am also concerned about the rising imports of tomato paste, which is com- petitive with and can be substituted for tomato puree which our firm packs for remanufacturers of other products. The U.S. imports of tomato paste in 1967 more than tripled in volume and almost tripled in value, from more than 50 million pounds, valued at $4.5 million in 1966 to more than 155 million pounds, valued at $22 million in 1967. Unit values increased from an average of 14.3 cents per pound to 14.9 cents per pound, an increase of 4 percent, but not equal to the cost increases we experienced. Imports from Portugal accounted for more than half of the 1967 total volume. Imports were reported from 18 foreign coun- tries. In addition to Portugal, the other suppliers were Italy, Mexico, Greece, Spain, France, Yugoslavia, South Africa, Angola, Morocco, Tunisia, Poland, Canada, Argentina, Korea and Japan. The Treasury Department was scheduled to put countervailing duties into effect on June 1, against tomato products from Italy and France to offset export subsidies available to processors in those countries. However, the countervailing duties are not a solution to the problem of import competition now confronting the tomato industry. Prior to the Kennedy Round negotiations, tomato growers and tomato proc- essors from all over the United States presented strong economic arguments against any tariff reductions. It is my understanding that, on the basis of ad- vice from various Federal departments and agencies concerned, tomatoes were placed on the list of products on which the U.S. actually intended to make no tariff reductions in the Kennedy Round. In April of 1967, when Ambassador Roth and the European Common Market representatives exchanged their "final lists" in the Kennedy Round negotiations, canned tomatoes and tomato paste were not included. The Common Market at the last moment asked Ambassador Roth to add tariff reductions on canned tomatoes and tomato paste and a few other products to the bargain. According to the best information available to us, the U.S. agreed in the closing moments of the Kennedy Round to reduce the tariffs on canned tomatoes and tomato paste in the face of the Government's intended, planned position, which had been carefully analyzed and arrived at, not to do so. On January 1, 1968, the United States began implementing reductions in the tariff on canned tomatoes and the tariff on tomato paste as a result of the Ken- nedy Round. Instead of a reduction in the tariffs on canned tomatoes and tomato paste, increased protection would have been more appropriate. Now I shall attempt to explain why, instead of reducing tariffs, the United States should increase them. First is the fact that tomatoes intended for commercial processing were harvested last year in 30 states on a total of 326.060 acres, and at a total cash farm value of $320.218,000. Of all the canning crops grown in the United States, tomatoes account for the largest total value, and tomato products account for the largest product volume of any commodity line in the canned foods industry. As our business depends on tomatoes and tomato products, and we pack other products only to spread out our overhead costs, the jobs and income of many people in our community are jeopardized by the situation which now threatens us. The Canning Industry in the United States is obliged to compete with imports from countries where wages and wage rates are considerably below the wage rates in our industry. Although the canning industry is highly automated and very efficient, a good deal of hand labor is employed in preparing the raw foods for canning. In my plant in Ohio. as in other canneries in the United States, we pay the legal minimum wage of $1.60 per hour, and much higher for most of our personnel. At the same time the price of cans went up 51/2 percent. Our total costs were up in 1967 a total of 15 percent over our 1966 costs. A large portion of that increase in our operating costs results from action by the Congress in raising the minimum wage. In contrast to the wages here of $1.60 an hour and higher, the wages in Portu- gal, for example, are about half of ours. Also in 1967 field labor came under a minimum wage for agricultural workers at the direction of the Secretary of Labor. The Minster Canning Company em- ploys approximately 250 workers during the canning season, and has a total annual payroll of more than $275,000.00 PAGENO="0600" 5040 In order to assure a supply of tomatoes of suitable quality for processing in our cannery in Minster, Ohio, we grow all of our own tomatoes. By integrating the farming and canning operations, The Minster Canning Company is better able than many other canners to control costs. But, with only one source of income- arising out of the sale of our finished canned food products-we are unable to compete either in our farm operations or in our canning operations with the low cost imports from Spain and other countries. A number of other tomato processors have integrated their farming and canning in the same manner. The people em- ployed in growing the tomatoes, those employed in the plant and in the ware- house-all depend on our ability to stay alive in the tomato canning business. As I have previously stated, it is my understanding that the United States actually intended in the Kennedy Round not to make any further tariff reduction on canned tomatoes or on tomato paste, but that it was coaxed into doing so as a political gesture even though not on sound economic grounds. The position of our Government not to reduce the tariffs on tomato products probably was arrived at even before the 1967 upsurge in imports became evident. I would like to suggest therefore that the Government's carefully arrived at economic position, not to reduce the tariffs, substantiates my argument that increased protection is in order. I would like to propose that the tariffs on canned tomatoes and on tomato paste be increased by at least 50 percent above the rates existing prior to the Kennedy Round. That would bring the rate on canned tomatoes, which was 21 percent, up to 31.5 percent, and the rate on tomato paste, which was 17 percent, up to 25.5 percent. The effect would be an increase in the tariff of .42ç~ per case on a case of six No. 10 cans of tomatoes with a value of $4.00 and would increase the tariff on a case of six No. 10 cans of tomato paste .68ç~ per case on a case valued at $8.00. However, I am not at all sure that imports from low cost supply- ing countries can be dealt with by tariff increase alone. As the major problem at the present time appears to be the price diffierential between domestic canned tomatoes and tomato products and the imported products, a tariff increase would be helpful in protecting our pricing. The total imports in 1967 were double the imports of 1966. Very many doubling of imports of canned tomatoes and tomato paste each year could easily spell dis- aster to the domestic production. Some way will have to be found, in addition, to limit the volume of imports from low cost supplying countries. If the Commit- tee and the Congress would favorably consider some form of quota legislation that provides for market sharing, I would ask that you include canned tomatoes and tomato paste in its provisions. The 13,630,000 cases of tomatoes that I referred to in the opening paragraph of this statement represents 48.4 percent of the total 1967 pack of peeled canned tomatoes. Following are the companies which asked me to represent them at this hearing: M. W. Acworth & Son, Inc., Quantico, Maryland Acme Preserve Co., Adrian. Michigan Bay Country Foods, Trappe, Maryland Bison Canning Company, Inc., Angola, New York Blissfield Canning Co., Inc., Blissfield, Michigan Bryan Canning Co., Bryan, Ohio Cherokee Products Company, Haddock, Georgia Fair View Packing Company, Inc., Hollister, California Florida City Canning Co., Florida City, Florida Golden Harvest Foods. Dania, Florida Great Lakes Packing Company, Inc., Farnham, New York H L H Products, Sanford, Florida Harrison & Jarhoe, Sherwood. Maryland Hirzel Canning Company, Toledo, Ohio Hollister Canning Company, Holli~ter, California The Home Canning Co.. Blissfield, Michigan T. Noble Jarrefl. Inc., Goldsboro, Maryland Keystone Cooperative Grape Association, North East, Pa. The Lake Erie Canning Company, Sandusky, Ohio Locknort Canning Company, Lockport, New York Markham Bros. & Co., Okeechobee, Florida Martinez Food Canners, Ltd., Martinez, California Melbourne Canning Company, Melbourne, Florida W. T. Onley Canning Company, Inc., Snow Hill, Maryland PAGENO="0601" 5041 P. M. C. Canning Co., Inc., Swedesboro, New Jersey Parker & Hughes Canning Co., Harrington, Delaware J. Richard Phillips, Jr. & Sons, Inc., Berlin, Maryland Roberts Bros. Inc., Winter Haven, Florida Sharp Canning Inc., Rockford, Ohio Stanislaus Food Products Company, Modesto, California Donald S. Stubbs Co., Street, Maryland Sun Garden Packing Company, San Jose, California The Torsch Canning Co., Frederick, Maryland The J. Weller Company, Oak Harbor, Ohio Williamsburg Canning Co., Williamsburg, Maryland Mr. BECKMAN. Mr. Chairman, that completes my testimony and I thank you for your consideration. Mr. HERLONG. Thank you very much, Mr. Beckman. Are there questions? If not, we want to again express our appreciation to you for your appearance before the committee. Mr. BECKMAN. Thank you, Congressman. (The following letters and statements were received for the record by the committee:) STATEMENT ON BEHALF OF CALIFORNIA-ARIZONA CITRUS INDUSTRY This brief is presented pursuant to the Notice of Public Hearing on the U.S. Balance of Trade, dated May 9, 1968, on behalf of the members of the California- Arizona citrus industry. STATEMENT OF POSITION The statement is made on behalf of the California-Arizona Citrus Industry by the California-Arizona Citrus League whose membership represents handlers and growers of more than 90% of the California-Arizona citrus fruit produced and marketed in fresh and processed form. Because of its keen interest in expanding citrus exports, the California- Arizona Citrus League has been actively participating in the market develop- ment program under the authority of Public Law 480 through Its contractual relationship with the United States Department of Agriculture. The industry has been participating in this program since January 15, 1962. Also, the California-Arizona citrus industry, either through the California- Arizona Citrus League or through the principal marketing cooperative, Sunkist Growers, has presented testimony at numerous hearings which were conducted by the Trade Information Committee and its predecessor committees in connec- tion with the reciprocal tariff negotiations of the United States. One of the most recent such presentations was in connection with the hearings held pursuant to the Trade Expansion Act of 1962 and the League's position as taken in those hearings was summarized and presented to member agencies of the Trade Infor- mation Agency in September 1964. A copy of that summary statement is sub- mitted for incorporation in the record of these hearings. Because of the serious need to expand citrus exports, we wish to testify at this time on the following points: 1. The value of citrus exports to the industry and to the United States. 2. EEC tariffs and non-tariff barriers which discourage trade. 3. EEC preferential treatment to non-member European citrus producers. 4. Obstacles to trade by countries outside the EEC. 5. U.S. National Fruit. Export Council policy statement. 6. Suggested points that the U.S. trade policy should include which will aid in the expansion of trade. VALUE OF CITRUS EXPORTS Exports of citrus and citrus products have been a vital part of the overall marketing plan of the California-Arizona citrus industry for many years. Our current production growth is partly predicated on the belief that we can produce citrus of such quality and quantity that will enable us to compete on a sound economic basis with other producing areas throughout the world for the markets PAGENO="0602" 5042 in the non-producing countries. In the 1066-67 marketing season our exports of fresh citrus to Canada and overseas markets approximated 24 million cartons with an f.o.b. value of about $62.5 million. It is estimated that exports of proc- essed citrus products produced in California and Arizona during 1066-67 amounted to $10 million. The value of exported citrus products for 1966-67 was below that attained in recent years due in great part to either non-tariff bar- riers or the shifting tariff relationships that occurred between suppliers due to the formation of the European Economic Community. However, for the 1966-67 season, it is estimated that total California-Arizona exports had an f.o.b. value of approximately $75 million. The estimated value of imports of like citrus com- modities amounted to $30 million during the same period. Thus, it may be esti- mated that the exports of California-Arizona citrus and citrus products in rela- tion to imports of citrus and citrus products created a favorable trade balance of $45 million. Additional exports of citrus and citrus products were made from other producing areas of the United States, the value of which would be added to the $45 million to arrive at the total net balance of trade created by the United States trade in citrus. EUROPEAN ECONOMIC COMMUNITY TARIFFS AND NON-TARIFF BARRIERS In previous presentations made at tariff hearing, the California-Arizona Citrus League made the salient point that the United States citrus industry was and continues to be placed at a disadvantage in world citrus trade by reason of the development of the Common Market. This is because citrus producing countries which are members of the Common Market will have duty-free access to the prin: cipal consuming markets of Western Europe as of July 1, 1968. In contrast, citrus exports from the United States will encounter the Common External Tariff of the EEC. The following tabulation shows the comparison between CXT rates effective July 1, 1968, and the original tariff rates of those countries which have been traditional markets for us. EEC IMPORT DUTIES: A COMPARISON OF NATIONAL RATES AS OF JAN. 1, 1957, WITH THE FINAL COMMON EXTERNAL TARIFF SHOWN ON AN AD VALOREM BASIS Rates Commodity West Germany as of Jan. 1, 1957 CXT final rates Benelux France 10 Fresh oranges 15 20-25-35 15 (Apr. 1 to Oct. 15). Fresh lemons 0 113 15 20 (Oct. ito Mar. 15). Fresh grapefruit 10 12 20 12. Citrus juices 10-17-20 15-18 30 19 (Lemon and grapefruit). 20 (Orange). Juice mixes 17-20 15-18 30 22 (with pineapple). Containing citrus 24 (other mixes). Citrus oils, not terpeneless 0 8 0-8 12. It is obvious that the effect of the development of the Common Market and its CXT is to place the United States at a disadvantage as a supplier to the principal consumer markets in contrast with Italy, a member of the EEC. And now Greece has been added to the list of citrus suppliers by reason of associate member status, and Turkey, by reason of preferential agreement. Apparently, this is not the end of the discriminatory treatment in favor of Mediterranean suppliers since negotiations are currently in the process with Turkey, Morocco, Iran, Leba- non, Israel, Tunisia and Spain. It:is our understanding that the extent of this pref- erence which is now being negotiated, ranges from a reduction of 20% in the CXT for Turkey to 80% for Morocco and Tunisia. This concept is particularly disturbing to us because it represents discriminatory practice against the United States and other citrus suppliers to the EEC such as South Africa and Brazil. This is contrary to EEC's original policy which has been to treat all third coun- try GATT participants in the same manner. We are aware that these negotiations are predicated upon the maintenance of a higher level of prices by the exporting countries so that the result of the tariff reductions are to be reflected in higher returns to growers in those coun- PAGENO="0603" 5043 tries rather than in a preferential import duty treatment. However, we frankly have little confidence in the ability of the IOEC countries to institute machinery which will effectively insure such price maintenance. If, in fact, it could be achieved, it would still result in a discriminatory situation, encouraging in a preferential way an expansion of citrus production in countries which are com- petitive with `California and Arizona with respect to certain varieties and during certain times of the year. In addition to the disadvantageous position in which the creation of the Com- mon Market has put us with respect to maintaining access to these long estab- lished European markets for our citrus, non-tariff barriers, as well, must be con- sidered equally discriminatory. It i's these barriers that must be given paticular attention because of their ability to impede or threaten to impede our continued access to markets within the EEC as well as throughout the world. Appendix I of this presentation is a summary of such non-tariff barriers affecting trade in citrus. Reference is made to the USDA publication ERS-4--60 dated September, 1963, in which approximate measurements of the extent to which agricultural produc- tion in various countries is protected through the existence of such non-tariff barriers. In the case of the United States, no protection is noted as a result of non-tariff barriers in fruit and vegetable categories. In contrast, the following percentages are noted with respect to the fruit and vegetable production by mem- bers or associates of the EEC: France 83%, Germany 60%, Netherlands 59%, Italy 26%, Belgium 88% and Greece 100%. These computations, `of course, were made prior to the effective functioning of the Common Market's reference price- variable levy system which is applicable to fruits and vegetables and particularly applicable to importations of fresh oranges and lemons. As of this date, the Com- mon Market has not acted to impose variable levies on citrus under the system and only on rare occasions have prices in the selected markets fallen `below the reference price. However, the existence of the system and its availability for use almost without notice constitutes a constant threat to `the maintenance and ex- pansion of the important `trade which has been developed with countries within the EEC. BARRIERS TO TRADE BY COUNTRIES OUTSIDE OF THE EUROPEAN ECONOMIC COMMUNITY 1. Japan Exports of citrus to Japan has been of a mixed nature in recent years. As a result of liberalizing the import restrictions on fresh lemons, the United States has been able to steadily increase its exports to this country in a very significant manner. As noted in the following table, an average of 97,000 boxes were ex- ported during the period 1958 through 1962. By 1966-67, the U.S. export volume to Japan reached 832,000 boxes; over 8 times the average before liberalization. The result has `been an important contribution to the U.S. balance of trade position. U.s. ecports of fresk lemons to Japan [Thousands of 76-pound boxes] 1958-62 average 97 1962-63 127 1963-64 (liberalized May 1964) 430 1964-65 506 1965-66 712 1966-67 832 Source: Citrus Fruit, "World Production and Trade Statistics," USDA, ~`AS, September 1967 and FT 125, 1967. On certain other citrus commodities, however, such as fresh grapefruit, fresh oranges and concentrated lemon juice, Japan continues to maintain unjustified quota restrictions. On these items, Japan either has very little production or no production at certain times of the year, to the extent that U.S. imports in general or during particular months would have little or no effects on the Japanese producer. Therefore, these restrictions must be considered arbitrary and without justification. In fact, GATT no longer supports the Japanese restrictions on the basis of a balance of payments position and every effort should be made to cause Japan to remove these quotas. PAGENO="0604" 5044 2. Mea~ico and Uentra~ and I~outh America Trade in fresh citrus and citrus products with Mexico and the Central and South American countries is an extremely difficult matter, oftentimes burdened by arbitrary restrictions instituted with little or no notice. With respect to fresh oranges, Mexico has placed an embargo on oranges entering Baja California in all but two of the last seven years. These embargoes have lasted `from as little as three days to as long as six months, and to our knowledge, have been for the sole purpose of eliminating competition while oranges produced in certain areas in Mexico are in season. Regarding citrus products, over a period of many years we have encountered nearly continuous harassments by reason of unilateral action on the part of Mexican officials. In the past, their restrictions on such items as citrus oils, juice concentrates and bioflavanoids have taken the form of increases in the official prices for duty purposes, refusal to issue permits, strict embargoes and changes in tariff schedules in such ways as to hide specific coin- modities and put them in higher tariff classifications. In contrast, the United States' doors have been open to Mexico and we have become a substantial market for their exports. The following tabulation illus- trates the significance of the increase in import value of fruits and fruit prepara- tions coming into the United States from Mexico. In 1956, Mexico accounted for 12% of the U.S. imports of these products with a value of $7,797,000. By 1966, imports had increased to the point where Mexico accounted for 26% of the U.S. imports of fruits and fruit preparatIons with a value of $34,111,000. U.S. IMPORTS OF FRUITS AND FRUIT PREPARATIONS [Dollar amounts in thousandsi From all From Mexico Percent from sources Mexico 1956 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 $67,421 $67,421 69,931 65,575 77,589 88.019 87,737 88,469 103,856 123,777 122,864 130,330 * $7,797 $7,797 6,946 9,128 11,428 15,923 15,329 16,568 21,296 29,001 27,178 34,111 12 12 10 14 15 18 17 19 21 23 22 26 Source: "U.S. Imports of Horticultural Products," FAS-M--191, USDA, FAS, August 1967, P. 9. Imports for consumption only. With regard to citrus alone, fresh oranges from Mexico amounted to nearly 400,000 70-pound boxes in 1966-67 which came in spite of one of the largest U.S. production years on record. It is estimated that Mexican imports will increase significantly this season since through June 15, 1968, 1725 carloads have been exported to the U.S. compared to only 390 carloads through the same period last year.* This expected increase can be attributed in large measure to the unfortunate short crop conditions in California and Arizona due to unfavorable weather during the blooming period and heavy frost damage to portions of the producing area during the winter of 1967-68. Nevertheless, this serves to illus- trate the point that these commodities move into the United States with the pay- ment of moderate tariffs and with no non-tariff barriers. The United States should insist on and obtain similar freedom of movement for United States produced citrus and citrus products into these countries. We are aware of the fact that for many years there has been no trade treaty between the United States and Mexico and that Mexico is not a member of GATT. This is no justification for the arbitrary and vexatious trade barriers which are maintained against im- ports from the United States and we specifically request that if this situation is not remedied, forthwith, that the government take appropriate action under Section 252 of the Trade Expansion Act of 1962. *Federal5tate Market News Service Citrus Reports. PAGENO="0605" 5045 POLICY STATEMENT OF THE U.S. NATIONAL FRUIT EXPORT COUNCIL In conclusion, we would like to make reference to the general policy statement made in March of this year on behalf of the fruit exporters of the United States by the U.S. National Fruit Export Council in hearings before the Trade Infor- mation Committee. This policy statement is one which we wholeheartedly sup- port and attach as part of our statement from the California-Arizona Citrus League. ACTION NEEDED TO ENABLE THE EXPANSION OF U.S. TRADE Also, we would like to reiterate for emphasis that part of the general policy statement of the U.S. National Fruit Export Council which outlines the several steps necessary to facilitate the expansion of U.S. trade. 1. Vigorous efforts under existing laws, such as Section 252(c) of the Trade Expansion Act of 1962, for the removal of non-tariff barriers and especially un- justifiable non-tariff barriers; and adoption of counter-measures where other nations contiflUe those practices which call for implementation of these U.S. laws; 2. Diligent pursuit of full implementation of all concessions granted to the United States in the Kennedy Round and earlier GATT negotiations; 3. A period of "wait and see" with respect to the granting of additional au- thority for negotiating further reductions in U.S. tariffs, with the possible excep- tion of minor limited authority to correct obvious inequities which inadvertently resulted from the Kennedy Round negotiations; 4. An examination of current U.S. trade practices which may be trade restric- tive in nature. 5. Re-examination of the immediate and long term consequences to the United States foreign trade from sponsorship of the "regional blocs." 6. Examination of the "most favored nation" policy of the United States. ATTACHMENT A FOREIGN NONTARIFF BARRIERS TO CALIFORNIA-ARIZONA CITRUS AND CITRUS PRODUCTS Country Item Restriction Benelux1 All fresh citrus Belgium: 12-percent turnover tax on duty-paid value; Netherlands: 5- percent purchase tax. Do.1 Citrus juices Belgium: 12-percent turnover tax on duty-paid value; Netherlands: 5- percent purchase tax or 10 percent if used for beverages. France1 do 20-percent turnover tax on duty-paid value, orange juice quotas; all can be sublect to import licensing. Germany 1 Fresh citrus except 4-percent turnover tax on duty-paid value re EEC regulation; mandatory grapefruit. retail labeling "Biphenyl." Do.~ Citrus juices Turnover equalization tax of 6 percent. Italy1 do Embargo. Do.1 Fresh citrus Phytosanitary regulations are used to establish virtual embargo on fresh citrus. This is in addition to the EEC regulation regarding biphenyl. EECI do Biphenyl regulation, retail labeling, grade and quality regulation. Inspec- tion officers have power to lower grade classification and/or prohibit imports due to quality or grade. Reference prices with compensatory levies. EEC I Trademark Additional levies for privilege of advertising well-established trademark. United Kingdom Orange juice Purchase tax of 15 percent. Do Fresh grapefruit Imports prohibited from October through November; this is prohibition on United States only. Otherwise license is required, within quota. Do Orange and grape- Within quota, requires license. fruit, canned and juices. New Zealand Fresh citrus Surtax of 9/40 on imports from GATT countries. Import license only with consent of government Australia do Import license, also imports must be in 4/5 bushel container. Norway do Turnovertaxof 11.11 percent Sweden Citrus juices 6-percent retail turnover tax. Denmark Natural strength Consumer juice: Import quotas. lemon juice. Japan Fresh oranges and Especially restrictive import quotas. grapefruit Do Citrus juices Complete restriction on some, and import quotas on some; varies signifi- cantly from time to time. Mexico 2 Fresh and processed Periodic embargoes, import licenses that are not always honored, quota citrus. restrictions. The Mexican Government has many arbitrary tariff classi- fications on citrus products which often result in duties so prohibitive as to result in virtual embargoes. I To the extent that the above listed turnover taxes are not imposed on citrus and deciduous fruits produced within the EEC countries or are not balanced with some other internal tax, then they constitute a trade barrier. See below for further information regarding the EEC diphenyl (biphenyyl) regulation. 2 A tariff consideration, Mexico. PAGENO="0606" 5046 DESCRIPTION OF THE EEC DIPHENY (BIPHENYL) REGULATION The EEC Diphenyl regulation creates a problem that is two-fold, first is that the maximum tolerance is 70 parts/million-a level that is considerably below what the United States considers "good agricultural practice," that is, 110 parts/million. At one time, Holland wished to enforce the tolerance at 30 parts/million, but they have since agreed to the now accepted EEC level. The second part of this regulation is that it requires labelling to the effect that the fruit is treated with diphenyl, the cartons must be labelled, and there must be retail labelling too. The method by which retail labelling will be done is left to the discretion of the individual countries; thus enters the problem we have with Germany. In Germany, retail labelling (by placards since 1959) states "diphenyl treated-peel unsuitable for consumption," or something similar. The retail label- ling can state only "peel treated by diphenyl" according to the EEC regulation; and therefore, the German practice, in our opinion, is not only excessive, but is now beyond the limits prescribed by the EEC regulation. Up to the present, we have had problems only with Germany and France, but the EEC as a whole is now working out the method by which analysis will be carried out. If the EEC agrees upon analysis at the point of entry, we will not have the problem that we could have if analysis takes place at retail, for this reason: Under refrigeration, diphenyl disperses slowly enough from the papers in the cartons so that we could probably operate with the maximum tolerance. However, because of the way in which the fruit is transported and stored in Europe-the fruit is not kept under refrigeration-diphenyl at the higher tem- peratures disperses to the fruit so that we could get "readings" over 110 parts/million. We have not had the problems to date with this regulation that we could have in the future simply because not all the details of inspection and labelling have been agreed to by all the member states. STATEMENT OF POSITION ON BEHALF OF THE UNITED STATES NATIONAL FRUIT EXPORT COUNCIL This brief is presented pursuant to the Notice of Public Hearing on the future of U.S. foreign trade policy, dated December 15, 19G7, on behalf of the members of the U.S. National Fruit Export Council. The following parties, for the pur- pose of this brief, represent a substantial part of the United States fruit industry which engages in exporting and is vitally affected by U.S. trade policies. California-Arizona Citrus Industry: Pure Gold, Inc., Redlands, California. Sunkist Growers. Los Angeles, California. Canners League of California, San Francisco, California. DFA of California, Santa Clara, California. Florida Citrus Commission, Lakeland, Florida. International Apple Association, Washington, D.C. National Canners Association, Washington, D.C. Northwest Canners & Freezers Association, Portland, Oregon. Pineapple Growers Association of Hawaii, San Francisco, California. California Canning Peach Association, San Francisco, California. California Grape & Tree Fruit League, San Francisco, California. Cranberry Institute, South Duxbury, Massachusetts. Florida Canners Association, Winter Haven, Florida. Florida Citrus Mutual, Lakeland, Florida. National Apple Institute, Washington, D.C~ National Red Cherry Institute, East Lansing, Michigan. Northwest Horticultural Council, Yakima, Washington. Texas Citrus & Vegetable Growers & Shippers, Harlingen, Texas. Texas Citrus Mutual, Weslaco, Texas. STATEMENT OF POSITION The U.S. National Fruit Export Council, representing non-price-supported perennial fruits and their products, has, from its inception, consistently sup- ported the principle of reciprocal trade agreement negotiations and the cause of liberalized foreign trade. Foreign trade is essential to the well-being of the United States as well as to growers, packers and processors of fruits and PAGENO="0607" 5047 other agricultural products. The export market is an integral part of our normal marketing operation-it is not a surplus removal program. Certain varieties of fruit, and grades, sizes and specifications thereof, are grown especially for the export market. Trees and vines of certain varieties were planted specifically to fill the demand from foreign countries. Exports of U.S. fruits and fruit products during the fiscal year ending June 1967 amounted to over $319,869,403, s~1d entirely for cash. These shipments make a substantial and indispensable contribution to the U.S. balance of payments picture. Our industry is concerned with the flurry of protectionistic activity which culminated in bills introduced in the Congress seeking to establish quotas and other restrictions on the importation of products into the United States. The U.S. cannot export unless it is willing to accept imports. Import quotas estab- lished by the United States, as proposed, would almost inevitably load other countries to retaliate and establish additional barriers to the too many existing obstacles to United States trade. This procedure could result in increased governmental controls and would threaten individual enterprise in the export field. While we recognize that, in some instances, import quotas may be needed and justified, such quotas should be established only under exceptional circum- stances. as a temporary emergency measure and, under carefully established procedures, following thorough investigation and mature consideration. We believe that the United States should carefully examine its current restric- tive practices, including quotas, American Selling Price system, Buy-American legislation and other trade restrictive practices with a view to reducing the same to a bare minimum. The matter of U.S. subsidies should also be examined. At the same time, the United States should forcefully insist that other coun- tries which maintain many more non-tariff barriers than the U.S. should re- move their unjustifiable non-tariff barriers in line with the Congressional decelar~tion in Section 252 of the Trade Expansion Act of 1962. Some of these manyforeign non-tariff barriers include: 1. Quotas and quantitative restriction. 2. Quota preferences. & Currency restrictions. 4. Minimum entry prices. 5. Reference prices. 6. Variable levies. 7. Border taxes. 8. Value added taxes. 9. Tariff preferences. 10. Container regulations as to size, label, etc. 11. Specialized label requirements. 12. Variant food standards. 13. Food additive controls. 14. Pesticide residue limitations. 15. Cumbersome documentation procedures. 16. Direct and indirect export subsidies. 17. Import licenses including the delayed issuance thereof and issuance to factors who are not importers. The EEC's agricultural protectionism is contrary to the spirit, if not the letter, of the GATT. Under the guise of harmonizing agricultural markets, the EEC embodies a system of import protection devices and export subsidies that are inconsistent with established and recognized principles of competitive inter- national trade. There is no question that the EEC agricultural policy is used to circumvent the provisions of GATT. Export subridies have recently been place in effect by some countries (in- cluding Italy and France) in contravention of GATT to the detriment of legiti- mate United States interests. The United States should take forceful action to correct this situation and should immediately implement the applicable anti- dumping procedures, which should be immediately withdrawn when corrective action is taken. Also, where appropriate, the United States should take effective steps to protect the trading position of American firms who are competing in world markets with products subsidized by other countries. Uniform international food laws have been suggested as a possible answer to some of the discriminatory and protectionistic food laws and regulations invoked by some countries. These food laws and regulations constitute a serious PAGENO="0608" 5048 barrier to international trade and the elimination thereof should be a principal qbjective of the United States. The U.S. should proceed carefully in this field to assure that uniform international food laws facilitate trade and do not become an effective barrier to trade. Current efforts should be directed toward enforcement of the present GATT agreements, including removal of non-tariff barriers, so that the benefits ob- tained from other countries in return for concessions given by the United States may be realized. The U.S. should insist upon full implementation of all conces- sions granted to the United States in the Kennedy Round negotiations to assure that the benefits thereof are not nullified by the continuation or establishment of unjustifiable non-tariff barriers or other discriminatory treatment as has oc- curred frequently in the past. Granting of authority to make additional reduc- tions in tariffs other than minor corrective action should be deferred until the full effect of the Kennedy Round is recognized and it appears that specific authority to negotiate further reductions is in the best interest of the United States. The "Most Favored Nation" principle has been a cornerstone of United States foreign policy for many years. At the present time the U.S. grants equal "most favored nation" treatment to all countries (whether we have trade agreements with them or not) except certain Communist dominated countries. Contractually, the United States is entitled to receive equal "most favored nation" treatment from other GATT members. As a result of the development of various trading blocs, including the European Common Market, EFTA, LAFTA, CACM, we find that the United States no longer enjoys equal treatment which would be due as under the "most favored nation" principle, but, in effect, receives "second class treatment" by facing tariff discrimination in each of these blocs. If the current trend toward trade blocs continues, the United States will soon find itself in the position of being entirely on the outside looking in, granting favors to all, and receiving "first class" treatment from few, if any. "Most favored nation" treatment should be given only to those countries who provide "most favored nation" treatment to us. It should be withdrawn from countries who dis- criminate against the United States or who do not have trade agreements with the United States. The United States should re-examine the "most favored nation" principle and its present application and consider establishment of a multi-column tariff through which treatment would be afforded various countries consistent with that they afford the United States. The following recommendations, if followed, will result in a substantial in- crease of U.S. fruit exports, thereby contributing materially to improvementof the present distressing balance of payments situation. We believe thaf the United States has failed properly to execute announced policy, to ex~ércise authority al- ready granted by existing legislation, and to insist that other countries live up to their contractual obligations. We recommend that in order to expand trade, the future trade policy of the United States, and its execution, should embrace: 1. Vigorous efforts under existing laws, such as Sec. 252(c) of the Trade Expansion Act of 1962, for the removal of non-tariff barriers and especially un- justifiable non-tariff barriers; and adoption of counter measures where other nations continue those practices which call for implementation of these U.S. Laws; 2. Diligent pursuit of full implementation of all concessions granted to the United States in the Kennedy Round and earlier GATT negotiations; 3. A period of "wait and see" with respect to the granting of additional au- thority for negotiating further reductions in U.S. tariffs, with the possible excep- tion of minor limited authority to correct obvious inequities which inadvertently resulted from the Kennedy Round negotiations; 4. An examination of current U.S. trade practices which may be trade restric- tive in nature; 5. Re-examination of the immediate and long term consequences to the United States foreign trade from the sponsorship of the "regional blocs"; and 6. Examination of the "most favored nation" policy of the United States. If the above recommendations are not followed, the consequences will be a decline in sales of U.S. fruits and fruit products abroad, a severe economic blow to the domestic fruit industry, and loss of the present substantial economic con- tribution to the United States balance of payments from fruit exports. PAGENO="0609" 5049 STATEMENT OF ROBERT M. KERR, ATTORNEY, SPECIALTY CROPS CONFERENCE This statement j:5 submitted by the U.S. Specialty Crops Conference through its spokesman Robert M. Kerr, attorney, 801 Standard Plaza, Portland, Oregon 01204. The Conference is an organization of agricultural commodity groups engaged in the production and marketing of perennial horticultural crops in California, Oregon, Washington, Idaho, Utah, Michigan, and New York State. The agricultural industries involved are those which grow, process, and handle dates, figs, filberts, sweet cherries, and walnuts. The combined average annual farm value of the production of these crops exceeds $200 million. The specific conimodity organizations on behalf of which the Conference presents this state- inent include: California Dried Fig Advisory Board and California Fig Institute, 1205 East Olive Avenue, Fresno, California. Date Packers Council, Post Office Box 764, Indio, California. National Cherry Growers and Industries Foundation, 302 North 29th Street, Corvallis, Oregon 97330. Northwest Cherry Briners Association, 302 North 29th Street, Corvallis, Ore- gon 97330. Oregon Filbert Commission, 12295 Southwest Main Street, Tigard, Oregon. Walnut Control Board, 2040 Pioneer Court, San Mateo, California. SUMMARY OF STATEMENT 1. Each of these five perennial tree-crop industries is dependent for its con- tinued existence upon reasonable protection in its domestic U.S. market from excessive imports. 2. "Adjustment assistance" such as was authorized by the Trade Expansion Act of 1962, or as proposed under the Trade Expansion Act of 1968 (HR 17551) could have no practicable application to growers of these perennial tree crops. Relocation or crop-substitution grants or loans, or retraining for new vocations, is not practicable for any of these industries, and could not possibly provide any workable or satisfactory substitute for direct protection against excessive imports. 3. Any new or renewed Trade Expansion Act which includes any program of trade adjustment assistance for those adversely affected by imports should specifically provide for participation by the Secretary of Agriculture in any factual determinations, or policy recommendations, relative to the administra- tion of such adjustment assistance as to any agricultural industry or growers, workers, and businesses engaged therein. 4. Any new or amended trade legislation should authorize accomplishment, in appropriate instances, of effective quantitative imports limitation, either through import quotas established by unilateral U.S. action or by means of international commodity arrangements. 5. A workable, fair, and promptly functioning "escape" mechanism is an es- sential provision in any legislation under which import duty rates or other imports regulations may be reduced or modified. 6. Section 22 of the Agricultural Adjustment Act of 1933 (7 USC 624) should be amended to extend to commodities not under a domestic control program. COMMON CHARACTERISTICS OF THESE AGRICULTURAL INDUSTRIES Dates, figs, filberts, sweet cherries, and walnuts, are all perennial tree crops which require high fixed investments over a long-term cycle. The principal areas of commercial prodution are in California, Oregon, Washington, Idaho, Michigan, New York State, and Utah. The combined value of their annual production greatly exceeds $200 million. Each of them must depend upon the domestic U.S. market for their sales. None of them has any present or foreseeable significant export market, with the exception of the exports of in-shell walnuts diverted from the domestic market under surplus-disposal provisions Of a federal walnut marketing order. The volume of foreign production of each of these crops far exceeds the U.S. production and is traded in the world market at prices substantially lower than U.S. prices. Costs of the foreign production continue to be far less than the mini- mum possible U.S. costs. In contrast with the American industries' dependence upon their own domestic market, practically all of the other countries which 95-159-CS-pt. 1O-39 PAGENO="0610" 5050 produce these products are and consistently have been on a substantial surplus production and export basis, and in good crop years could flood the attractive U.S. market at comparatively very low prices. Adjustment by the U.S. industry to such unlimited competition in its own essential market would be difficult at best, if not impossible, and could lead to the rapid disruption and disintegration of the U.S. industry. These industries do not seek to prohibit or avoid fair for- eign competition. They can continue to exist, however, as significant factors in the general economy of their production areas, and as an important segment of U.S. agriculture as a whole, only if they have access to a reasonable share of the domestic market and an opportunity to compete in that market at reasonable prices. These perennial tree-crop industries accordingly must continue to rely upon reasonable imports protection or limitation. The import duty rates applicable to these commodities (none of which were reduced during the recent Kennedy- Round negotiations) are modest and in no sense unreasonably protectionist. Any foreign trade policy which does not give full and realistic consideration to these facts would be a gross disservice to the U.S. growers, handlers, and processors of these commodities and to agriculture and business in general. ADJUSTMENT ASSISTANCE "Adjustment assistance" such as authorized in § 301 of the Trade Expansion Act of 1962 (19 USC, § 1901), and as that section would be amended by Title III of HR 17551, the proposed "Trade Expansion Act of 1968," would not be practicable for any of these perennial specialty orchard crops. These orchards cannot be diverted to other production without intolerable sacrifice of long years of effort and heavy investment. Much of the land now producing these crops is not suitable for economic production of any other product, or such other crops as could satisfactorily be produced in the climatic areas and on the soils in- volved already are in surplus production or face heavy imports competition. The equipment used in producing, handling, and processing these crops is special- ized, and for the most part could not be converted to other uses. The growers of these commodities thus obviously cannot satisfactorily "ad- just" to a loss or restriction of their markets. Such would require the destruc- tion of their present groves or orchards. Loss or reduction of market outlets thus would be much more serious and involve a much greater sacrifice for these domestic agricultural industries than for producers of other commodities who may more readily go into or out of production. The following comment as to the inadaquacy of "adjustment assistance" as to much of agriculture, which appears in a published analysis by the Giannini Foundation of Agricultural Economics, University of California, of the bill which was enacted as the Trade Expansion Act of 1962, is pertinent: "It is clear that the adjustment-assistance provisions of the bill, recognizing their favorable aspects in general, were not framed with agriculture in mind. One nmy appreciate the importance of the adjustment-assistance provisions for non- agricultural workers, firms and industries; but that cannot explain the apparent lack of recognition and understanding by the architects of the bill of the dif- ferential nature of the adjustment-assistance problem in agriculture. "In fact, one could believe that the agricultural adjustment-assistance prob- lems, as they are related to the Trade Expansion Act of 1962, did not enter the minds of the drafters of the legislation, and if they did, they certainly made little imprint." ADJUSTMENT ASSISTANCE-THE ROLE OF THE SECRETARY OF AGRICULTURE In any event, the Secretary of Agriculture, not merely the Secretaries of Labor, Commerce, and Treasury, should have a voice in the administration of any adjustment assistance program which may be applicable to any agricultural commodity. HR 17551 would transfer from the Tariff Commission to the President the determination of eligibility to apply for adjustment assistance, and determina- tion of whether there exist the statutory conditions precedent to such assistance. The wisdom and advisability of transferring these vital functions from the "The European Common Market, Trade Expansion Act and California Agriculture" by Sidney Hoos. March 2, 1962, Giannini Foundation of Agricultural Economics, University df California, Berkeley, California. PAGENO="0611" 5051 technical competence and objectivity of the Tariff Commission and vesting them in the politically-oriented and pressure-sensitive Executive Branch, is subject to serious question. The President's message of May 28, 1968, with which HR. 17551 was sub- mitted to the Congress, states that: "I intend to pattern the administration of this (adjustment assistance) pro- gram on the Automotive Products Trade Act of 1965. Determinations of eli- gibility will be made jointly by the Secretaries of Labor, Commerce, and Treasury." The omission of mention in this context of the Secretary of Agriculture may indicate either a lack of understanding or a disregard of the interests and hazards of American agriculture in the operation of the trade agreements program, and illustrates, in our view, the strong advisability of retaining in the Tariff Commission or a similarly reliable and objective-minded agency the fact-finding functions incident to adminisration of any adjustment-assistance program. IMPORT QUOTAS AND COMMODITY AGREEMENTS As above stated, these domestic agricultural industries now share their U.S. market to a substantial extent with imported competitive products. Present duty rates, in the light of the differences in the foreign and domestic costs of produc- tion, are no serious deterrent to such imports, but do provide a floor to the price competition from the foreign products. Prom the standpoint both of the domestic industry and the export-import in- terests, quantitative limitations upon imports might be much more realistic and more satisfactory than import duties. Production and marketing programs on both sides of the Atlantic could be developed with greater assurance. The do- mestic producers would be protected against ruinous flooding of their market in years of excess foreign production. The foreign producers not only would gain from removal of the duty rates, but would be assured of a stable outlet in the U.S. market. Any new legislation should leave the door open to international commodity agreements negotiated possibly in replacement of fixed import duties. These might or might not include import quotas, but would provide for market shar- ing both of current market volume and also of future expanded markets. This Conference sponsored an amendment to the "Food for Freedom Act of 1966" (HR 14929) which authorizes the Secretary of Agriculture to make avail- able counterpart funds to promote, and assist agricultural industries in develop- ing, international commodity agreements. The policy expressed in this measure, and in section 204 of the Agricultural Act of 1956, should be incorporated in the administration of any new or continued Trade Expansion Act. Such trade legis- lation not only should include authorization of and procedure for negotiation of such international commodity agreements, but should expressly provide for representation on the U.S. negotiating team of the domestic industry or in- dustries involved. The present HR 17551 does not do so. THE "ESCAPE" MECHANISM Any new trade-agreements legislation must, of course, include means whereby tariff protection, once relaxed, may be restored upon appropriate showing of substantial injury. Such relief must be available not only to the possibly few manufacturers or processors of the ultimate finished product involved, but also to the producers of the basic raw material of such manufacture. Specifically, the growers have a vital and necessary interest in any tariff or trade regula- tion proceeding involving their product, whether that product be in the form in which originally produced by them or in a processed or manufactured form. An example is brined or processed cherries, which is now the major outlet for the U.S. production of Sweet cherries. The tremendous volume of sweet cherries which go into brine each year (for later manufacture into glace and maraschino cherries) pass through the hands of only 47 brining establishments. The "do- mestic industry" involved certainly is not confined to those 47 firms, but includes the many thousands of cherry growers who produce the cherries involved. The definition of "directly competitive with" in Section 401(4) of the Trade Expansion Act of 1962 (19 USC 1806) relates to this subject. PAGENO="0612" 5052 SECTION 22, AGRICULTURAL ADJUSTMENT ACT OF 1933 The President's authority to limit imports under section 22 of the Agricultural Adjustment Act of 1933 (7 USC 624) is now limited to situations where exces- sive imports interfere with a government-control program. We support amend- ment of section 22, as proposed by bills now pending in Congress, so as to extend possible relief under that section to commodities not under a domestic-control program. These include, at present, sweet cherries and figs. CONCLUSION Consideration of future U.S. trade policy, and proposed continued or new trade legislation, must not disregard those United States industries, such as the five specialty tree-crop industries above named, which unavoidably are dependent upon reasonable protection from possibly ruinous unfair imports competition. It must be clearly recognized that the growers of perennial tree crops can- not be "adjusted" to loss of import protection through any type of "adjustment assistance." Reduction of present duty rates, or other relaxation of present ml- port protection, of any of the commodities on the assumption that any resulting injury to growers and others would be amply compensated for, and any disrup- tion of the industry could be satisfactorily remedied, through some type of "ad- justment assistance," is entirely unwarranted, and would be cruelly delusive. The five perennial tree crops here represented should, in fact, be excluded from any further tariff reduction legislation and negotiations. Government clear- ance and assistance for the U.S. producers of these commodities in exploring commodity agreements with producers in other countries would offer far better prospect of contributing to freer international trade, on a basis consistent with the legitimate interests of these U.S. industries, than would `tariff reductions. STATEMENT OF RON KLAMM, MANAGING DIRECTOR, `CALIFORNIA FIG INSTITUTE, AND MANAGER, CALIFORNIA DRIED FIG Anvisouy BOARD This Statement is being submitted on behalf of all Dried Fig Producers and Processors in California who produce and market 100% of California's and the United States' Dried Fig Production. It is the recommendation of these two groups that the California Dried Fig Industry be excluded from any legislative or other measures which would serve to have a detrimental affect upon an already depressed Specialty Crop Industry and that either the existing tariff rate of 41/2 cents per pound on dried figs and 5 cents on fig paste be increased or some form of import limitation be established as `a means for developing an orderly market at a stabilized price. AREAS OF U.S. DRIED FIG PRODUCTION The Dried Fig Industry of California and the United States is concentrated in the San Joaquin Valley with Ifresno, Madera and Merced Counties producing approximately 98% of the total tonnage. The balance of the commercial pro- duction is located in the Sacramento Valley, although most growers in this area have indicated that, out of economic necessity, their trees will be removed within the next `several years and the acreage devoted to more profitable crops. BEARING AND NONBEARING AOREAGR TRENDS The California Dried Fig Industry, which has a history dating back to 1769, has historically accounted for 100% of the United States Dried Fig Production. From a maximum of 47,000 bearing acres in 1930 there has been a continual downward trend to the point where present bearing acreage, as estimated by the California Crop and Livestock Reporting Service, is, 19,200 acres. Between 1930 and 1967 there were two sharp periods of acreage decline. The first such period occurred between 1930-3d, when the reduction was approximately 10,000 bearing acres; the second period occurred between 1948-52, with the decrease being 8,000 bearing acres. In the last 15 years the rate of decline has been at a more moderate rate with reduction totaling approximatelY 6,000 acres. Detailed statistical in- formation on California acreage trends, .f or the past 30 years, is shown in Table 1. PAGENO="0613" 5053 - o ~ ~ ~)r-~ 0 ~ I 0 z ~ < ~0 ~ ~ C,, >- ~ .~ C,, - L~. ~LOr~~) 00 00~0O000O 00C)0N-(~40O o E ~ I ~, ~. ~ a, I I : I a, C,) C,) PAGENO="0614" 2 C/) Ø~~U)CC) 2 ~ N) 2 -~1 0) ~ 0) D - ~0C 00 DC) ~ CD 00~~ ~ C) 00 C,, w 2 N)C~)C') ~(~) DUCU) -. ~ ~ 00 2 ~)C)J)Ø(O C')))) N)~C)~)~C) 0 ~ C) 2 C) CD ~ 0) C)) ~ U) C) DC -J CD U) CON)-)- 0040 CCC) 0)0)00 N) C) 0)) 00)0 C) U) C) 40 U) 40~ 00 N) 0040~ N) 00U)C)~"~ C) CC ~3 C) - N) 0) `0 2 - z~ -~ C- -, * P -C'- 0 C) N) C000 U) N) N) N) U) N) U) 00)0 0)0 ~ C' C)0OU)0QU)400000C)N)~00C)C))C)CD000)C)CD40U)C)~0)~~0) C', :~; ~ PAGENO="0615" C-) 2 2 D C) -a 2 D C) -1 C) 2 0 0 2 C,) c-i ~ 0 C) 01 ~ ci © ~1 C) 01 ~ 01 C) C C) C) Ci) - -C~ ~* C) 2 PAGENO="0616" 5056 PRODIJCTION AND PROCESSING LABOR COSTS It is a known fact that California Agriculture has, for a number of years, been forced to pay higher wages than other states and considerably more than our foreign competitors. Wages for field labor in the California Fig Industry have increased from 20 cents per hour in 1930 to a minimum of $1.30 per hour in 1966. To further add to the burden placed upon California Agriculture, the Industrial Welfare Commission of California ordered that the minimum wage for women to be increased, effective February 1, to $1.65 per hour and to $1.35 per hour for minors. Although Wage Order 14-68, "Wages and Working Condi- tions for Women and Minors in Agricultural Occupations", refers to only women and minors, Fair Employment and other laws call for equal pay for equal work, making any discrimination against men illegal. It is thus apparent that $1.65 per hour will be the general minimum wage this year in California Agriculture. These farm wages are far above those defined in the Federal Wage Law, which calls for a minimum rate of pay of $1.15 per hour. In an effort to keep labor costs at a minimum, many California Fig Growers are turning to mechanization wherever possible. Unfortunately, this is not the solution to all labor problems since the only cultural procedure than can be mechanized, to any extent, is harvesting. Even mechanical harvesting has certain draw-backs; namely, substantial investments for harvesting and soil preparation equipment. Additional costs of proper pruning, soil preparation, etc., nullify any labor savings in harvest. Mechanical harvesting is mainly a method of reducing peak labor demands and provides possible security against a complete lack of labor supply. Using information reported by the Foreign Competition Branch of the Foreign Agricultural Service, Table 4 points out that field labor rates in California in 1967 were 6 times greater for men and 11 times greater for women than com- parable wages in Portugal-the largest supplier of foreign fig paste to the United States. In 1968, due to the previously mentioned wage increase, per hour labor in California will be 7 to 14 times greater. TABLE 4.-COMPARISON OF AGRICULTURAL WAGE RATES IN FIG PRODUCING COUNTRIES OF THE WORLD Rural Per hour labor Per hour rates Processing plant labor Per hour rates Per hour wage rates Country wage rates men wage women wage men women Portugal Spain Greece Turkey California $0. 23 .23 . 37 .20 1.35 $0. 12 (2) .31 .20 3 1.35 (2) $0.26 (2) .25 2. 42-2. 87 (2) $0.21 (2) .25 2. 24 1 The information for Portugal, Spain, and Greece is as of mid 1967. For Turkey, 1964. 2 Not available. 3 Minimum 1967 wage rates, effective Feb. 1, 1968, $1.65 per hour. 4 Does not include State and Federal taxes, pension payments and group medical payments made by employer. These equal approximately 55 cents per hour. Reference: Foreign Competition Branch, Fruit and Vegetable Division, U.S. Department of Agriculture, Foreign Agri- cultural Service. PAGENO="0617" 5057 Table 4 also discloses that while fig processors in the major foreign fig produc- ing countries are paying .21 to .26 cents per hour, California Processors must pay a rate ranging from $2.24 to $2.87 per hour, exclusive of all fringe benefits. When fringe benefits are added, wages for packing house employees in the Dried Fig Industry of California average approximately $3.25 per hour. Such fringe benefits in other countries are non-existent. Using the most recent cost analysis work sheet of the California Dried Fig Industry, prepared by the Extension Service of the University of California, and revising only the 1963 labor figures to coincide with present rates and computing the Portuguese labor at .20 cents an hour, which in all likelihood is about average considering men and women, reveals the following: TABLE 5.-UNCAPRIFIED VARIETY OF FIGS California Portugal Preharvest labor costs per acre: Pruning $16.50 $2.00 Brush disposal 3. 00 . 60 Discing 14.60 3.20 Ridging 5. 30 . 80 Break ridges 3.98 .60 Roll-pack and land plane 3.65 . 40 Shovel 1.65 .20 Irrigate 11. 55 . 80 Miscellaneous-sucker, pipeline repair, etc 4. 00 . 80 Compensation insurance 1. 69 0 Social security tax 2. 90 0 Total, preharvest labor costs Harvesting labor costs per acre: Picking Sorting Dry yard expense Compensation insurance Total, harvesting labor costs per acre Total, preharvest and harvest labor cost per acre 68.82 9.40 24.75 3.00 16.50 2.00 16.50 2.00 2.36 0 60.11 7.00 128.93 16.40 California's present field labor costs are about 8 times greater than those in Portugal. Although this comparison has been based on the Fig Industry in Portugal, the wage rates in the other fig producing countries of the world-Spain, Turkey and Greece-as exhibited in Table 4 are basically very similar. As an illustration of how labor costs in this country could result in an even wider spread than previously indicated, we are outlining below the various steps in the production and processing of figs, as used in Fig Paste, practiced in this country and as we understand, it is practiced abroad. Cultural practices among growers in this country vary slightly and processing practices among California Packers may also vary. However, this presentation is closely rep- resentative of United States Cultural and Processing Practices. The foreign part of this tabu}~ation is as accurate as we can derive from eye witness accounts and from various statements made by factors in the Foreign Fig Industries. It can, therefore, be considered as an approximate procedure since there is some variation from country to country: PAGENO="0618" 5058 Co~1PARIsoN OF PRODUCTION AND PROCESSING PROCEDURES, DRIED FIGS USED FOR PASTE UNITED STATES 1. Extensive pruning (each orchard about every two years). 2. Dormant sprays to control scale. 3. Discing in Aldrin or Dieldrin in soil to prevent most types of larval development in soil (every four or five years). 4. Picking of caprifigs individually and dipping in fungicidal solution and replacing in caprifig trees. 5. Picking of clean caprifigs and placing in Calimyrna trees in bags with set number of caprifigs to each tree. 6. Various sprays and trapping proce- dures used for insect abatement as the need may arise. 7. Harvesting (mechanical and hand). 8. Delivery to sanitary dry yard for fumigation and sorting. Figs are fumi- gated orchard run in large air-tight bins and then sorted under strong lights on moving belt by a battery of sorters. 9. Sorted into mechantable and sub- standard lots. 10. Transportation of figs in sanitary wooden containers. 11. Substandard lots delivered to mandatory pool and sold under State control into non-human channels. 12. 1\Ierchantable lots delivered to handler and representative samples taken for inspection under control. If lot fails to pass, it goes to substandard fig pooi or is resorted. 13. Merchantable fruit is stored by packer in fumigated storage bins until sold. 14. When figs are withdrawn for paste orders, they are carefully sorted in whole form, washed and processed, sliced and then again carefully sorted by an in-line scrutiny. 15. Representative sliced samples taken at random from in-line belt and inspected. 16. If samples pass, then lot is ground, cased and shipped. If rejected, entire unit is resorted and retested. FOREIGN 1. Little or no pruning except to re- move dead wood. 2. No dormant spray. 3. No soil treatment. 4. No caprifig cleanup. 5. Erratic placement of caprifigs in trees on strings or raffia. 6. No insect abatement procedures known to be used. 7. Harvesting (hand). 8. Kept on grower premises in many types of containers without fumigation, and held until sold to packer and deliv- ery is requested. 9. No discernible sorting practice ex- cept to pick up larger sizes at packer's request for some types of consumer pack. 10. Transportation of figs in burlap bags. 11. No diversion control of any kind. 12. No discernible inspection control when fruit delivered to packer, except for size grading in some cases. 13. Same facility for vacuum cham- ber type fumigation mainly, but no ade- quate fumigable storage facilities. 14. When required for paste orders, figs are ordered from growers and in most cases dumped into grinders in whole form. Although labor costs are a prime factor in the production and harvesting of Dried Figs, numerous other items must be included to obtain an accurate com- parison between production costs and grower returns. Table 6, in addition to the previously mentioned labor costs, takes into con- sideration such items as; pesticides, taxes, insurance, boxes, depreciation, in- terest on investment and other general farm costs. PAGENO="0619" 5059 TABLE 6.-COMPARISON OF PRODUCTION COSTS AND GROWER RETURN Calimyrna Adriatic Kadotas Black Missions Preharvestcash costs Harvest costs Depreciation Interest on investment $116.85 81. 05 28. 00 35. 40 $108.83 75. 70 28. 00 35. 40 $108.83 75. 70 28. 00 35. 40 $108.83 92. 25 28. 00 35. 40 Total costs of production per acre Cost of production per ton of merchantable figs 1 Average grower return for 1966 crop per ton 261.30 348.40 290. 00 247.93 247.93 137. 00 247.93 247.93 165. 00 264.48 211.72 146. 00 1 Based on Calimyrna production of 1,500 pounds per acre; Adriatic production of 2,000 pounds per acre; Kadota produc- tion of 2,000 pounds per acre; Black Mission production of 2,500 pounds per acre. Source: 1963 dried fig cost of production worksheet prepared by the Extensive Service of the University of California, only labor costs have been revised to current wage rates. Average grower returns from official records of the Dried Fig Advisory Board. AVERAGE GROWER RETURNS Table 7, shows, by variety, the average returns on a per ton basis to growers for merchantable figs for the last 30 years. As you will notice, Growers Returns for each variety have declined the past two years. On a Varietal and Product Utilization basis (Dried Fig and Fig Paste), Table S illustrates the depressing effect foreign fig paste has bad on average price returas to growers for the past two years. In referring to the Tables 7 and 8, on a varietal basis, it is immediately appar- ent that the greater the percentage utilized as Fig Paste, in direct competition to low priced imports, the greater the reduction in grower returns. For the 1f~64 crop the $237.00 per ton average received by growers was 92% of the parity price but the $189.00 figure for 1966 (Table 9) equalled only 67% of the parity price; the lowest figure since the 19~2 season. TABLE 7.-AVERAGE ANNUAL PRICES RECEIVED BY PRODUCERS FOR DRIED FIGS, SEASONS 1937 TO 1966 INCLUSIVE [In dolla rs per ton] Year Calimyrna Adriatic Kadota Mission (1) (2) (3) (4) 1937 102 83 85 52 1938 115 81 85 53 1939 109 107 89 64 1940 120 99 84 53 1941 210 150 140 98 1942 278 218 181 130 1943 406 290 252 218 1944 390 275 256 220 1945 410 296 276 241 1946 436 360 340 282 1947 177 155 139 84 1948 220 164 146 125 1949 294 190 172 110 1950 454 340 320 190 1951 318 222 216 134 1952 258 138 130 100 1953 250 193 197 113 1954 245 187 183 123 1955 296 195 198 165 19561 241 144 147 116 1957 271 162 174 124 1958 292 213 220 159 1959 288 219 221 195 1960 329 203 221 207 1961 288 182 164 189 1962 313 165 168 157 1963 320 180 180 150 1964 334 235 248 182 1965 308 212 223 156 19662 290 137 165 146 I Prices paid for 80 percentfree tonnage. Preliminary. Sources: For years through 1958: USDA, agricultural statistics. For 1959-65: U.S. Tariff Commission. PAGENO="0620" 5060 TABLE S.-1964--60 AVERAGE GROWER PRICES, AS INFLUENCED BY PRODTJCT USAGE Calirnyrna figs: Approximately 55% of this variety is sold in consumer type packages with the balance going into Fig Paste. The average price for the 1964 crop was $334.00 per ton and in 1966 the figure was $290.00 per ton, a reduction of $44.~0 per ton or 13%. Adriatic figs: Historically 100% of the Adriatic variety of Dried Figs produced in California have been sold in the form of Fig Paste which is used in manufacturing numerous bakery items such as the popular Fig Bar. The average price for Adriatic Figs in 1964 was $235.00 per ton and within the next two-year period had decreased $98.00 per ton (42%) to $137.00. Kadota figs: In recent years approximately 90% of this variety has been utilized in the same manufacturing outlets as Adriatics. The 1964 average price to growers was $248.00 per ton and in 1966 the average return was $165.00, a reduction of $83.00 per ton or 34%. Black Mission figs: In the last ~ years approximately 35% of the shipments of Black Mission Figs have been in the form of Fig Paste, although in the last several years closer to 45% has been sold in this outlet. Average per ton returns to growers for Black Missions has decreased from $182.00 in 1964 to $146.00 in 1966-a reduction of $36.00 per ton or 20%. TABLE 9-DRIED FIGS: GROWER PRICES, PARITY PRICES, AND RATIO OF GROWER PRICE TO]PARTY PRICE, CROP YEARS 1936 TO 1966 Average price to growers (cents per pound) Parity price I (cents per pound) Ratio of grower price to parity price (percent) Year beginning Aug. 1: 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 3.85 3.40 3. 26 3.90 3. 50 5.70 8.55 14.60 12.65 13.65 13.90 6.15 6.95 8.50 14.15 9.80 4.06 3.91 3.72 3.76 3.86 4.56 5.00 5.40 5.55 5.89 7.22 8.12 8.02 10.50 13.10 13.45 95 87 88 104 91 125 171 270 228 232 193 76 87 81 108 73 1952 7.15 12.45 57 1953 1954 1955 1956 1957 7.20 8.30 10.25 6. 95 8.45 11.40 10.60 10.08 9. 68 10.04 68 78 102 72 84 1958 9.70 10.55 92 1959 10.85 10.79 101 1960 11.50 10.79 107 1961 1962 9.80 10.20 11.14 11.82 88 86 1963 9. 60 12. 27 78 1964 11.85 12.85 92 1965 9.30 13.37 70 19662 9.45 14.08 67 I Average of monthly parity prices reported by the U.S. Department of Agriculture. 2 Preliminary. Source: Statistics of the U.S. Tariff Commission and Dried Fig Advisory Board. PAGENO="0621" 5061 DRIED FIG AND FIG PASTE TARIFF HISTORY Since early in the 1950's, the California Dried Fig Industry has been seriously affected by low priced imports. The U.S. Tariff Commission quickly recognized the seriousness of this development and its eventual impact upon the domestic industry and in 1952 restored 2 cents of a 21/2 cent per pound Dried Fig Tariff Concession previously granted to countries signatory to the General Agreement on Tariffs and Trade. This restoration came after our industry submitted a peti- tion pursuant to the "Escape Clause" provisions of the Trade Agreements Act, As Amended. Each year from 1952 through 1962 the U.S. Tariff Commission initiated an annual review and investigation, and in each year reaffirmed its previously granted 2 cents per pound duty restoration. In August 1963, as a direct result of a recommendation made by the U.S. Tariff Commission to the President, pursuant to the provisions of the Customs Simplification Act, the 2 cent duty restoration was made permanent by proclamation by President John F. Kennedy, thereby continuing the duty at a total of 4~ cents per pound. TABLE 10-FIGS, DRIED, AND FIG PASTE: U.S. RATES OF DUTY UNDER THE TARIFF ACT OF 1930, 1930-67 tion Tariff paragraph and descrip Statutory rate (cents per pound) Trade agreement modification Rate (cents per pound) Effective date and trade agreement Par 740: Figs, dried i 3 3 23~j 43/i May 51939; Turkey. Mar. ~, 1950; GATT (Annecy). Oct. 17, 1951; GATT(Torquay). Aug. 30, 1952.2 Fig paste 5 Aug. 15, 1963.~ lIt valued at 7 cents or more per pound. Rate increased as a result of escape clause modification of GATT concession. Pursuantto provisions of the Customs Simplification Act,the 2-cent duty restoration was made permanent by proclama- tion of President John F. Kennedy. Fig Paste has never been the subject of a tariff concession and, therefore, not eligible for "Escape Clause" relief. However, in reviewing various annual re- ports of the United States Tariff Commission, they have repeatedly referred to a logical price relationship between Dried Figs and Fig Paste of 1/2 cent per pound as being a true relationship between Paste and Dried Figs, therefore, resulting in a continuance of a tariff rate of 41/2 cents per pound on Dried Figs and 5 cents on Fig Paste. Basically, Dried Figs and Fig Paste are the same physical commodity, except that Paste is merely ground Figs. However, all Figs suitable for Paste do not make desirable package Figs, whereas, all Figs desirable for packing are equally desirable for Fig Paste and merely require grinding. Therefore, the duties on Figs and Fig Paste are largely responsible for the form of imports and these items should, therefore, be given joint consideration. As an illustration; if the duty on Whole Dried Figs was lowered and the duty on Paste remained un- changed, more Figs would come in whole and be ground here, whereas, if the duty on Paste is ever lowered, more Figs would be ground abroad and come in as Paste. DRIED FIG AND FIG PASTE IMPORTS In the past 20 years total United States consumption of Dried Figs and Fig Paste has averaged approximately 26,300 tons, of which California supplied approximately 70%; during the last 10 year period, Dried Fig and Fig Paste consumption has averaged 28,220 tons, of which California supplied approxi- mately 62%; in the past 5 years California supplied less than 60%. It is, there- fore, apparent that imports of Dried Figs and Fig Paste are taking over a larger share of the domestic market PAGENO="0622" * 4.~ 00 CD 0 c~ ~ 00000000 C) CD C) C 3 E -~ (0 ° 4.~C) o 0) C 0~ ~ - CD CD CD 0)0)0)0)0)0)0)0)0)0)0)0)0)0)0)0)0)0)0)0) 5- - ~. 9 0)0)0)0) CD0)CD C) CCC) C) 0)0)0)00CC CCC) 0000CC C) C) ~ Q .4.) ~ 5 CC ((C 0)) .3 CDCDCDCDCDCDCDCDCDCDC)CDCDCD .9 ~ I .3 0 4.) ~) >- : CCC) (C) CO.-o CC) 0) (0 CCC) (40) (.0CC CD CD)'.) 0)00 9 - ~ a. < o. 0)C)CDCD'CDCD 9 * 0 > CD CC CO ~U) C) CO ~- = ~ .~ - 3 ~.. ~ ~ ~ ~ C/) )O'9'~ C .3 - C.) ~ °.2 ~0 **~ > * C `5 CD ,0O(000C))'~'~ .9 ~) = C)CDCC~CC~OCO 9 0/) .3 ~ ~- CD 3 ~ C/)' C)~~C(0CD00 = I :0(0(0CC-U) CD 3 ~ >~C~ I : .9 ::::::~:H 8 w a 0 8 W~)4-~ `~ ~ *9 C~ ~C~C ~ <~ ~j)~C)~ a. 8. C~ ~ 000) (000 ~ CD (0CC'JCC~) (003 ; a E03 ,9~i I C) C) *9 CD `3'~ooooo ~ ~.- ~ ~ -E .)`CD00CC00C)CDC4CC~U)00CC00C)CD'~~ ..oa. ~ ~ 4.3 ~ ~ - C')..) ~ 3 C/) 00 3 04-4 PAGENO="0623" 5063 As recently as 1949 and 1950 there were no imports of Fig Paste into this country, although undoubtedly a small percentage of the Dried Fig Imports during that period of time were eventually utilized as Fig Paste. Between 1950 and 1955 Fig Paste Imports gradually increased and reached 5,900 tons during fl~55. For the next two years, Fig Paste Imports gradually declined but in 1958 rose to 7,950 tons; followed by 8,141 tons in 1959 and the all time high of 13,334 tons in 1960. A review of Table 7 indicates that this great volume at low prices resulted in a reduction in the average annual prices received by producers for the next two years. This is particularly noticeable in the Adriatic variety where prices declined ~38.00 per ton during this period. This drastic increase in Fig Paste Imports also resulted in the United States percentage of the Fig Paste Market in this country dropping to a record low of 41%. Since 1961, Califorina's share of the domestic Fig Paste Market has ranged from a low of 43% (Table 13) to a high of 70% with the 6 year average being 52%-10% below the 1955-60 average. A review of the Table 6 shows a production cost ranging from 10.6 to 17.4 cents per pound for California Dried Figs and, when compared with Table 14, discloses that foreign fig paste can enter this country, in most instances, duty paid at a price lower than California Production Costs. When processing costs are added to California production figures, it is easily understood why imported fig paste has pre~empted such a large share of the Fig Paste Market in the United States. PAGENO="0624" C) 0 Ct~ CD CD 0 0 0 0, 0 C) 0 -J > F- C,) CD Li- w -J E C-) C) ~ *1- CD ~, 5064 - - ~D~o - - C) C~J C) r~ N-~ CD - - - - C) c~o6r-r 00 CD CD0000000000 - CJ ~ CD PAGENO="0625" 5065 TABLE 14.-FIG PASTE: U.S. IMPORTS, AVERAGE ANNUAL VALUE (In cents per poundj 1 Year beginning Aug. 1 Turkey Portugal Spain Greece Average 1951 1952 1953 13.4 11. 0 9.2 9.2 13.4 11.0 9.2 1954 1955 9.1 9.9 7.7 7.3 9.0 8.5 1956 10.0 7.7 9.2 1957 1958 12.4 11.5 7.7 8.9 94 10.3 1959 8.6 7.9 8.3 1960 7. 7 7. 0 8. 3 7. 5 1961 7.2 7.1 7.3 6.8 7.2 1962 6.8 6.5 4.9 7.9 6.3 1963 11.4 7.4 7.1 8.0 8.3 1964 1965 10. 8 14.4 7. 4 7. 1 8. 0 9.1 8.9 9.3 8. 2 9.7 1966 8.0 7.6 7.8 7.8 I These values represent for some shipments the foreign value (i.e., the f.o.b. values in the exporting country) and for others, cost-and-freight values at New York. Source: Compiled from official statistics of the U.S. Department of Csmmercs as reported in various issues of the U.S Tariff Commission dried figs report and other information reported by the Commission. The California Dried Fig Industry realizes the fact that it can not supply the needs of all Dried Fig and Fig Paste users in the United States and that imports are necessary to satisfy a percentage of this demand, although even small amounts of low priced imports can and do have a price depressing effect on the domestic industry. Any additional tonnage available in this country, after consumption requirements have been met, can only continue to depress the domestic price and, because of the large supply of Dried Figs and Fig Paste available in Mediterranean countries, this excess tonnage will, in all probability, continue in spite of the existing tariff. Generally, Dried Fig imports (Table 15) have been rather stable with two exceptions: during World War II imports were zero, however, in 1949 imports increased over 1,000 tons from the preceding year and in 1950 increased an addi- tional 2,400 tons. This increase in Dried Fig imports coincides with the down- ward modification of the tariff during those years and after the tariff conces- sions were partially restored, Dried Fig Imports returned to normal. In recent years slightly in excess of 80% of the Dried Fig Imports were of the Greek String Variety. Since Greek Strings have their own special market, they do not directly compete with the domestic product and, therefore, the consensus of opinion is that imports of Dried Figs will probably not injure the domestic industry as long as the duty remains at its present level and in the same relation to the Fig Paste Tariff. WORLD PRODUCTION AND CONSUMPTION Although it is difficult to determine the world's production of Dried Figs, a conservative estimate would place the figure between 150 and 160,000 tons. The reeap of the World's Dried Fig production figures, Table 16, does not include Spain which, according to various estimates, has an annual production of close to 30,000 tons and would, therefore, be the largest fig producing country excluded. O0-159--GS-pt. 1O-40 PAGENO="0626" tIA ~Q - o~~c.~c' CI~ ~ ~C)C)) ~ ~ ~N-~(O -` ~1) ~ t'.)N)t~) ~ OAN~.) N.)N)N.) )- ~ ?OPA NOr~PPAPN. ~P' .~ ~ )Dc~)A) ~ ~4OO~ _.=~ 0- A)~D -~ ~ A) A) -~- ~ 04C0(.n ~ NAC ~ ~ ~ ~ 01 -C CO~ C~ a C. A) ~ - -~ - AC 0 ~ ~ -. c~ ~- _~. _~ -~ ~ O' ~ C) ~> £~, (OO~'~ ~o ~ r 0 o 2 A)~ U) :1 ~ ~ ~. A). ~~-.Jcj~ N) - N) Ci' Ci'Ci) CCC) CC) A) - 2 < A ~CCDC) 2 ~. 2 -u CA 0 N) N) N)N)~-~C-~ N) N) N) N) N) N) N) N) N) C)) A). A) c_C) ~_ ~ii:-;))) ~ Ci)N)U) C)-~)~ ~N)CAN)~-JC)~: ~ 5" O -~ ~ - ~ - PAGENO="0627" 5067 To illustrate the tremendous potential quantity of Dried Figs and Fig Paste which could enter this country, reference is made to Table 17. As an example, Italy, one of the largest producers of figs in the world, has not as yet entered the United States Fig Paste Market and it has only been in the last 6 years that Spanish Fig Paste has entered this country. In Table 17, it can also be seen that the other fig producing countries of the world are unable to utilize their production tonnage in their own countries and, therefore, must rely on the U.S. Market to absorb some of the surplus at very low prices. TABLE 17.-PRODUCTION AND CONSUMPTION COMPARISON, 1961-65 AVERAGE, PRiNCIPAL FIG PRODUCING COUNTRIES OF THE WORLD [All figures in thousands of tons[ Greece Italy Portugal Turkey United States Total Production 28.3 33.3 10.7 48.4 18.9 139.6 Consumption Surplus production Percent of production Utilized in country of produc- tion 13.4 14. 9 29.5 3. 8 1.8 8. 9 12.6 35. 8 27.3 (8. 4) 84.6 55. 0 47. 3 88. 6 16. 8 26. 0 100. 0 60. 6 Source: Production, U.S. Department of Agriculture, Foreign Agricultural Service, `Dried Fruit World Production and Trade Statistics, Dried Fruit;" consumption, U.S. Department of Agriculture, Foreign Agricultural Service, "Foreign Fruit and Nut Report No. 321;" U.S. figures, combination of U.S. shipments as reported by the Dried Fig Advisory Board plus imports as reported by the U.S. Department of Commerce; Italy, 1958-62 average reported in U.S. Department of Agri- culture, Foreign Agricultural Service, "Dried Fruit World Production and Trade Statistics." Due to lack of available information Spain is not included. ORGANIZATION OF THE CALIFORNIA DRIED FIG INDUSTRY While numerous producers, processors and marketing organizations are asso- ciated with the California Dried Fig Industry, this section is to briefly name and describe several leading organizations. California Fig Institute The California Fig Institute is a non-profit organization and, although its membership is voluntary, it has the enviable distinction of including 100% of the fig growers in California as its members. This association is dedicated to the improvement, by every possible means, of the entire California Fig Industry. This association does no processing, packing or distributing of the product but works closely with growers and processors in this connection. Marketing Order for dried figs, as amended (California Dried Fig Advisory Board) The Dried Fig Advisory Board, having been authorized by the California State Director ofAgriculture, upon the written assent of the legality prescribed majority of producers and processors of Dried Figs, was established for the purpose of assisting the Director of Agriculture in the administration of the provisions of the program. Provisions of this Marketing Order, which may be utilized to achieve the objectives for which it was organized, include: Grade Standards, Mandatory Inspection (both receipts and shipments of all Dried Pigs), Stabilization Pool, Substandard Pool into which off-grade figs are diverted to various by-product uses such as animal food and inedible syrup, Unfair Trade Practices, Advertising and Sales Promotion, Research and Market- ing. Although most of the provisions of the Marketing Order are currently in operation, several of these provisions should receive special attention: (1) The Industry has imposed upon itself rigid grade standards which require mandatory inspection by a third party on both incoming (deliveries from farmers to processors) and outgoing Figs and Fig Paste (from processor to wholesaler or cooky manufacturer) to enforce these grade standards. This rigid inspection assures the consumer that he will receive a product of extremely high quality. PAGENO="0628" 5068 (2) In addition to administrative assessments paid equally by producer and processor, the industry has imposed upon itself an additional assessment to provide for advertising and sales promotion. This promotional program is cur- rently under way and hopefully will be expanded in future years to stimulate additional demand in this country for Dried Figs and Fig Products. (3) For approximately 15 years the California Dried Fig Industry main- tained its own research department for the purpose of instructing and assisting growers in improving their cultural practices. The areas of research have now been expanded to also include new product development, packaging improve- ment, improving processing procedures, microbiology studies and plant sanita- tion. These programs are supported by Industry contributions to the University of California at Davis, U.S.D.A. Western Regional Research Laboratory, Albany, California and the U.S.D.A. Stored-Products Insects Laboratory, Fresno, California. DFA of California To maintain the highest quality, the Dried Fig Advisory Board has, for a num- ber of years, employed the services of the DFA of California to serve as an independent third party inspection agency. Operating under the rigid regula- tions of the California Marketing Order for Dried Figs, As Amended, representa- tives of the DFA of California thoroughly inspect each incoming and outgoing lot of Dried Figs. Each lot of Dried Figs is inspected by a means of a 4 power inspection glass and each lot of Fig Paste is also subject to laboratory analysis. Since inspection is mandatory, under the provisions of the Marketing Order, it applies to all Figs produced and processed in California. CONCLUSION It is the position of the California Fig Industry that any tariff reduction on Dried Figs or Fig Paste would only serve to encourage greater importation of these two products into this country and would not be in the best interest o~ the domestic industry and the American consumer. Our industry is not seeking a share in the export markets outside the Western Hemisphere. We fully recognize our economic thsadvantage outside this area. We believe the European Markets, with proper development, could adequately con- sume a great percentage of the entire production of figs produced in the Mediter- ranean Area. \Ve respectfully request that the Committee give serious consideration to the areas covered in this brief in the hope the Committee will find trade regulations are necessary if American Producers and Processors of Dried Figs and Fig Prod- ucts are to have the opportunity to compete in the U.S. Markets. SUMMARY (1) Any reduction in tariffs on either Dried Figs or Fig Paste would result in serious economic injury to a domestic industry which, at the present time, finds it extremely difficult to compete price-wise with the existing tariff. (2) The existing tariff of 5 cents per pound on Fig Paste has not been deterrent to foreign imports. This is illustrated by the fact that tariff has remained constant since 1930 and in recent years Fig Paste imports have been greater than `at any other time on record. (3) Any tariff reduction would immediately result in a disorderly market situation with the domestic industry being forced `to eventually go out of exist- ence, except as a very limited type of specialty crop. With an alternative source of supply closed to the American bakery trade, which utilizes the great percentage of the domestic output of Dried Figs and Paste, foreign exporting countries con- ceivably would be in a position to take full command of the U.S. Market and, thereby, create an unhealthy market situation as a result of higher prices. (4) Dried Figs are a deficit supply commodity. Practically any other crop, planted on fig land, would be a surplus effected crop and it is inconsistent to reason and economic sense to carry out trade policies which will result in the planting of a surplus crop in the place of a crop which can not now supply the domestic market. The potential market for Dried Figs in this country is growing and the existing tariff has not, in any way, prevented other fig producing coun- tries of the world from having their full share of this market. (5) The California Dried Fig Industry is solely dependent upon the domestic `~"a rket for its sales. PAGENO="0629" 5069 (6) Fig processing plants and fig processing equipment are specialized pieces of equipment and can not be converted to any other use. The equipment in a fig plant, if the industry can not survive, would only have scrap or junk value. (7) The production Of Dried Figs is the primary business venture for growers in the California Industry. This is not the case, however, in some foreign coun- tries where, according to reliable information, figs are considered to be a second- ary crop. This is illustrated by the fact that until a few years ago farmers in Spain did not realize Dried Figs had a cash value and they were used for animal feed. (8) Any tariff reduction on Dried Figs or Fig Paste would result in a substan- tial portion of the present California fig acreage being pulled out. The removal of this acreage would immediately reduce labor requirements in an area where the percentage of unemployment is already higher than the national average. (9) Per hour labor costs in California are as much as 14 times greater for field labor and 15 to 20 times greater in processing plants than comparable wages in foreign fig producing countries. (10) Through self-help programs, financed by producer and processor assess- ments, the California Dried Fig Industry supports Research, Advertising and Quality Control Programs. To the best of our knowledge no funds are being spent by foreign producers and processors to increase consumption or improve the Industry. RECOMMENDATIONS For the foregoing and other reasons, as outlined in this Brief, and in the files and publications of the U.S. Tariff Commission, the California Dried Fig Indus- try believes it has demonstrated the special circumstances surrounding the two- like commodities, Dried Figs and Fig Paste, and therefore makes the following recommendations: (1) That the California Dried Fig Industry be excluded from any legislative or other measures which may have a detrimental affect on an already depressed Specialty Crop Industry. (2) That in view of the wide variation between foreign and domestic produc- tion and processing costs as reflected in the low selling prices for foreign dried figs and fig paste, serious consideration should be given to an increased rate of duty on each item. (3) That, as a realistic means of developing an orderly market at a stabilized price, to protect domestic fig producers from ruinous flooding of their market with excessive imports, some type of quantitative import limitation or quota be established. Foreign Producers and Processors would still be assured of a com- petitive opportunity in the U.S. Market. (4) That it be clearly recognized that producers of a perennial tree crop, such as figs, cannot be "adjusted" to loss of imports protection through any form of "adjustment assistance" such as is incorporated in the Trade Expansion Act of 1962 or any conceivable version thereof. (5) That any policy for freer trade not disregard those industries such as the California Dried Fig Industry which unavoidably are dependent upon reason- able protection from ruinous and unfair import competition. BRIEF SUBMITTED BY COMMISSIONER DOYLE CONNER, FLORIDA DEPARTMENT OF AGRICULTURE THE FUTURE OF U.S. FOREIGN TRADE POLICY: THE PERSPECTIvE OF FLORIDA AGRICULTURE In setting forth the functions, powers and duties of the State Department of Agriculture as reorganized effective in 1961, The Florida Statutes State in part as follows: [in Sec. 570.07(7)] "Extend in every practicable way the distribu- tion and sale of Florida Agricultural products throughout the world," and Fin Sec. 570.07(17)] " . . . to do all that can be done to bring relief and aid in the marketing and distribution of Florida's products." This brief is submitted in discharge of those responsibilities with due con- cern for both our export market opportunities and foreign competition in our domestic markets. Testimony was presented on my behalf at a hearing on export problems sched- uled by the Small Business Committee of the U.S. Senate at Miami, Florida, for PAGENO="0630" 5070 March 14 and 15, 1968. Later I submitted a brief of the substance that follows to the office of Special Representative for Trade Negotiations pursuant to Notice of Public Hearings, Docket No. 67-4 32 FR 17997. The testimony presented in general terms our activities, concerns and some of the problems encountered in helping to expand the export of Florida's farm products. A copy of that testimony is attached hereto as Appendix A for its pertinence to the issues raised in the Notice of Hearing to which this brief is addressed. It is directed primarily to non-tariff barriers to trade, and to Trade Promotion problems. Among the non-tariff barriers mentioned therein are: State trading and state monopolies, largely in transportation; documentation and cus- toms procedures; sanitary, safety, health and similar restrictions. Your attention is invited, also, to several additional documents appended, hereto, in which I concur: Appendix B, Senate Memorial No. 1094: A memorial to the Congress of the United States to provide for protective tariffs on imported agricultural products. Adopted by the Florida State Legislature and filed with the Secretary of State on June 21, 1967. Appendix C, Resolution of Southern Association of Commissioners of Agricul- ture: A resolution to the President of the United States, the Congress of the United States, the Secretary of State of the United States, and the Secretary of Agriculture of the United States. Adopted June 7, 1967. Appendix D, Resolution XIV, Foreign Trade, adopted by the National Associa- tion of State Departments of Agriculture at its October 1-5, 1967 meeting. Summarizing and supplementing the testimony, memorial and resolutions ap- pended hereto we hold to the following views with respect to the interest of Florida farmers in export markets: 1. The "Kennedy Round" produced benefits for Florida's major agricultural products. and we urge the continuation of such efforts to enlarge upon and ex- tend such gains to other commodities in which we have potentials. 2. We believe that non-tariff barriers especially in the fields of (a) documen- tation and customs procedures, (b) sanitary, safety, health and similar restric- tions, and (c) transportation route and rate regulations may be more important and fruitful objects of negotiation in the future than tariffs, as such. 3. More attention is needed to the interrelationshiP between (a) gains made or sought in the drive for generally freer trade and (b) aid extended to develop- ing countries. It appears that great care is needed to prevent AID activities from nullifying gains to Florida producers that would otherwise be inherent in well balanced results of negotiations toward freer trade. Some farm products of which Florida has been a major seasonal supplier of the domestic market recently have been confronted by sudden adjustment problems resulting from the spectacular rise of uncontrolled importations. To- matoes and strawberries dramatically illustrate the problem that affects other winter vegetables, as well. Both domestic niarketings and export markets, par- ticularly those previously developed in Canada, have been involved, effectively closing off the development of alternative markets. In terms of the outline of topics in the bearing notice, we are concerned, here, with problems of adjust- ment to widening disparities in costs per unit of labor, whether due to disparate labor standards, as such, or to basic labor supply and demand factors. Overall trade policy may continue to provide positive encouragement for increasing im- ports of high labor input commodities. To the extent that this may be unavoid- able, we think that an orderly process of change requires more consideration to tempering the adjustment problems of domestic producers. This should include application of qualitative and quantitative controls which will provide for shar- ing of our markets on a timely, predictable basis. Otherwise, chotic shifts occur in the short run while time consuming and generally unproductive procedures are pursued under existing judgment laden "escape clauses." We emphasize, here, the principles involved as they apply in varying degree to a considerable range of Florida farm products. The brief and testimony of the Florida Fruit and Vegetable Association will develop more detail with respect to individual commo1itiP~. Florida farmers also have a deep and legitimate concern about imports of beef and for a special reason. Our cattle producers have made great strides-expand- ing about four fold in twenty years and markedly increasing quality. Of the PAGENO="0631" 5071 slaughter cattle sold in our State auctions, 12.8 percent were good and choice in 1965 compared with only 2.2 percent in 1957, almost a sixfold increase. For feeders and stockers, 20.9 percent were good or better in 1965 compared with 1.7 percent in 1957. Our intrastate market has expanded, too, with increasing population. The in- crease in demand has been weighed heavily in favor of the higher grades of finished beef. Thus, we still find ourselves with a heavy inbound movement of finished beef along with heavy out-of-state movements of lean cattle and beef, the very grades in which imports are concentrated. Florida cattlemen are confronted with more direct and pointed price compe- tition from beef imports than are cattlemen generally and growers and feeders of prime and choice grade particularly. Our attitudes on imports are correspond- ingly emphatic, especially when they surge upward to an extent that drastically lowers prices for the grades we have to sell. Recently there has been growing concern among Florida dairymen about poten- tial imports of condensed and evaporated milk arising from the recent exemption of these products from the provisions of the Federal Import Milk Act administered by the Food & Drug Administration. Florida dairy production has outgrown our market for fresh milk and increasing quantities have become dependent on con- densed and evaporated milk as an outlet. There is general support for the passage of S612, Dairy Imports Act of 1967. The opportunity to submit this brief is appreciated and I commend other testi- mony from representatives of Florida agriculture to your careful study and all of the subjects raised to the fullest objective investigation by your committee. TESTIMONY FOR U.S. SENATE S~r~&ri~ BUSINESS COMMITTEE HEARING ON EXPORT PROBLEMS, MIAMI, FLA., MARCH 14-45, 1968 My name is John Stiles. I am Director of the Division of Marketing, State Department of Agriculture and appear on behalf of Doyle Conner, Commissioner of Agriculture who heads the Department. In setting forth the functions, pow-ers and duties of our Department, as reorganized effective in 1961, the Florida Stat- utes state in part as follows: [in Sec. 570.07 (7)1 "Extend in every practicable way the distribtution and sale of Florida Agricultural products throughout the world." OUTLINE OF TESTIMONY I want, first, to commend your committee for providing this opportunity for presenting our problems to you. Secondly, I commend to the full consideration of the Committee the more detailed testimony presented at this hearing by agricul- tural exporters and their association representatives who are directly involved in the action, and to the representatives of the University of Florida and the U.S. Department of Agriculture. Finally, I will outline our activities in support of ex- ports of Florida farm products and highlight a few of the problems in which State services are directly involved. RECOGNITION OF COMMITTEE INTERESTS Almost all exportations of Florida agricultural products are appropriately within the concern of your committee. The individual exportations and the scale of operations at destination tend to be sn1all and in most cases the exporter or potential exporters are small businessmen. Indeed most of the problems in expanding our exports, of gaining participation by additional shippers, seem to lie in this area of scale that make them of interest and concern to the Small Business Committee. In fact our work with potential exporters suggests that firms of all sizes feel like "babes in the wood" when they confront the export market for the first time! Short of making specific recommendations on the way current and prospective legislation works, I w-ould like to encourage the applica- tion of the special perspective of your Committee to all matters of foreigmi trade legislation to simplify requirements and facilitate particularly, exportations that must inherently have small beginnings. These characteristics seem to us to dominate both our Latin American efforts that tend to be associated with agricultural development in the receiving countries and our European efforts where we deal more in fancy consumer goods. As our testimony develops, we beg your indulgence for the freedom we may take in talking about export problems w-ith little distinction between those that PAGENO="0632" 5072 may he administrative or procedural-the concern of one or more agencies in implementing legislation that may, itself, be adequate and sufficiently flexible- and clearly legislative concerns. Not only is it most difficult for us to draw the distinctions, but a rather free-wheeling disclosure of activities and problems may be more helpful to the committee in coming to their own conclusions than any presumption of greater legislative expertise on our part. FOREIGN TRADE ACTIVITIES OF FDA Florida's agricultural export history is, of course, heavily laden with citrus and citrus products. In the broad view, our fertilizer and timber industries are agricultural. Products of each of these industries along with citrus and citrus products rank as our really major export products of the soil. Our efforts have been to help develop markets for all Florida agricultural products as potentials for exports are recognized and to include many agri-business interests in our activities. In undertaking these activities, we have been aided by the Matching Funds Program of USDA under the Agricultural Marketing Act of 1946. Organized activities involving the Department in its worldwide distribution responsibility really got under way with the organization of the Florida Interna- tional Agricultural Trade Council in 1963. The Latin American market has been actively pursued through this organization with emphasis on livestock and poul- try breeding stock. To facilitate communications with our Latin American countries, the Department employs a bilingual marketing specialist who acts as Secretary of the FIATC and bilingual stenographic assistance. More recently we have collaborated with the Florida Fruit & Vegetable Association and the University of Florida in sponsoring seminars and workshops on export of fruits and vegetables, especially to Europe. We also work regularly with commodity organizations and individual exporters, actual and potential, and with trans- portation and service agencies. We assist in the flow of information and market contacts and in the organization of exhibits at Trade Fairs and Food Shows. The President of FIATC, Mr. B. Edmund David, and other members will pre- sent additional testimony on the work of the organization and its members and problems they encounter. I am taking the liberty, however, to introduce into tb~i record as an exhibit, the Council's Newsletter for February, 1968, Volume I, Number 21. (Exhibit A-Submit four copies.) This Newsletter summarizes some of the activities of the Council but, further, the statistics in it on exports of livestock and poultry items from Florida illustrate a problem that I wish to discuss. When we undertake to measure our exports, we turn to the most comprehen- sive source of data, the U.S. Department of Commerce Import-Export statistics. Our Department collaborates with the Florida Development Commission in spe- cial compilations of Commerce data to provide detailed figures for Florida ports. Such data include substantial volumes of products originating in other states and much of the volume Florida produces and exports shows up in the data for ports in other states. The economic activity added to Florida by the shipments originating in other states is a very valuable part of our total interest in pro- nioting Florida's role in international trade. The services rendered to Florida exporters through ports of other states are also important to us. But we need a simpler and more complete way to get at the volume and value of Florida prod- ucts that are exported both through Florida ports and others. A number of activities of the U.S. Department of Agriculture and other agencies along with several of our own fill in some of the gaps but others remain. The data in the FIATC Newsletter on livestock exports from Florida are from certificates issued by the Animal Health Unit of USDA, the poultry statistics from certificates issued by the Animal Industries Division, Poultry Services Section of our State Department of Agriculture. The Federal-State Fruit and Vegetable Inspection Service inspects all market- lags of fresh citrus and the Florida Citrus Commission compiles export data from inspection certificates. The Commission, also, compiles exports of processed citrus from Florida Canners Association reports. Florida's substantial truck movement of agricultural products to Canada is reported through the Road Guard Stations maintained by our Department. Some other shipments are re- ported by transportation firms. Shipment data from these sources are integrated and reported by our Market News Service. None of these tabulations provide quite the same "final word" that could be supplied by Commerce through Custom PAGENO="0633" 5073 surveillance because destinations are often determined or changed after leaving the production area. Florida exporters along with those of other states would be better served if the Commerce Department series could be modified to provide summaries of exports by state of production or final manufacture. OUR LATIN ORIENTATION Florida, of course, is the gateway to Latin America, culturally and in terms of transportation. As such it is the channel for agricultural trade of other states as well as our own. Our activities in the development of export markets have focused heavily on this area, too. They relate largely to livestock and poultry that will help further the development of these countries. A prominent feature of our outreach to the south was a conference with Agri- cultural Ministers of Latin American countries, organized by our Department, which was held in Miami in September, 1966. Twenty-one agri-business firms ranging from chemical and equipment companies that supply production factors, to farmers and breeders, to food distributors joined in sponsoring this event, and it has been a stimulus to later events to which many specific exportations can be traced. The ministers of ten Latin American countries participated in this conference which culminated in the "Agricultural Declaration of Miami," a Resolution and set of Recommendations. Four copies of each of these docu- ments are now submitted for the record. (Exhibits B, C and D.) Since that time the ministers of twelve countries have formally concurred in the Declaration including Chile, Dominican Republic, Panama, and Paraguay which were not represented at Miami and excepting Mexico and Venezuela which were repre- sented. The continuing organization for the promotion of trade with these coun- tries projected in the Declaration is developing slowly. A second conference to be held in one of the other countries is being planned. Beginning well before the Ministers Conference and continuing with increasing frequency and participation have been reciprocal attendance at auctions, agri- tours, and fairs in Florida and several Latin American countries. This chain of activities will be extended by the Second Annual Latin American Beef Cattle Conference at the University of Florida on May 1 leading into their 1'~th Annual Beef Cattle Short Course. These activities early led to an awareness that inadequate port facilities were limiting the export of live animals from Florida to Latin American countries. As a result major investments were made in new facilities by the Port Authori- ties at Tampa and Miami, the latter with Federal assistance. The facilities now are not only adequate in size but functionally among the best in the country. Tampa has the only facility at which cattle can ~walk directly aboard ship. The planning of these facilities was encouraged by a substantial flow of inquiries for specific purchases, much of it transmitted through Agricultural Attaches and the Foreign Agricultural Service. As noted earlier, the Florida Department of Agriculture is authorized by State Law to pursue world wide markets. Greater service could be given to producers and shippers if all export inquiries were supplied to State Departments of Agriculture on a continuing basis directly by the Foreign Agricultural Service at the same time that they are released to breed and commodity organizations. A critical factor in efficient handling of livestock for export is the number of times and manner in which they must be handled for certification of health status, making sure that the animals loaded are those certified and for various other purposes. The techniques probably are as simple as can be expected for single or a few animals per shipment. Now, however, we are moving into com- mercial scale shipments-single and multiple truckloads. The losses of time, weight and condition due to repeated handling of individual animals in such lots could be reduced by procedures that would maintain identity by lot, such as by sealed truckloads-to-locked pens-to-ships. A related problem is that present rules prevent the shipment of any animals in an associated lot if one of them reacts positive on the Brucellosis test. Timely availability of ship or air cargo space for shipments ranging from one animal to several hundred is a continuing problem. In many instances it is necessary to charter vessels three months before shipment. This further compli- cates some of the other problems such as cancellation of shipments due to health certification problems. PAGENO="0634" 5074 The air shipment problem traces in part to several countries restricting ar- rivals to one line each, excluding both competing scheduled service and charter flights. This sharply increases shipping costs compared to those to countries permitting alternatives. On many Latin American shipments other "margins" also appear excessive. On strictly commercial transactions this may be unavoid- able. However, the problem is believed to be big enough that demand for export of livestock would be increased significantly if margins between prices received by U.S. breeders and those paid by the ultimate Latin American purchasers were carefully kept within the limits of reasonable charges for services rendered on exports involving United States programs or international credit. PERISHABLES TO CANADA AND EUROPE Our principal problem-solving concerns for exports to Canada and Europe relate to fresh vegetables and cut flowers. To a large extent, the problems arise because the perishable nature of the products requires special facilities and frequent. small units of exportations. Access to Canada by rail or truck mini- mizes these problems. As a result, the trade with Canada is well established and of substantial volume. The problems facing vegetable producers in their Canadian sales efforts include competition from Mexican imports especially for tomatoes and strawberries and demand of Canadian greenhouse tomato growers for protection from both U.S. and l\Iexican imports. Most exports to Europe of Florida vegetables and fruits other than citrus are still experimental or pilot in nature. This intensifies the problems arising from perishability and small scale. The Florida Department of Agriculture has been working closely with the Florida Fresh Fruit and Vegetable Association in the sponsorship of Export Workshops for prospective exporters and have helped to organize and present exhibits at Trade Fairs and U.S. Perishable Food Products Shows in Europe. Department personnel and Florida exhibitors participated in Fairs at London, England, and Cologne, Germany, last fall and in a perishable products show in London within the past two weeks. Some of our commodity groups are working toward consolidated shipments or shipping schedules. To really open the European market potential to our producers requires the fullest development of such efforts, similar collaboration with Florida exporters of nonagricultural products, development of facilities and extension of representation and promotional activities in European market centers. Some of the specific needs are: 1. Air-cargo schedules from Florida ports direct to European destinations. 2. Scheduled ocean freight service from Florida East Coast ports, including refrigerated space. 3. Simplification of clearance procedures. This relates largely to the complica- tions of documentation both at U.S. "exit" ports and at entry ports in Europe. It extends in part to lack of coordination between the departure and arrival hours and the limited office hours of clearance officers. 4. More efficient handling facilities at air and seaports in Florida and at destinations. 5. New packaging and handling methods to minimize shipping damage, time from field to consumer and costs. Such innovations that are adapted to domestic marketings, as well, will do most to encourage exports. The Marketing Research divisions of the Agricultural Research Service, USDA, the Florida Agricultural Experiment Station and a wide assortment of trade groups are at work on these problems. The adoption of the innovations they develop need to be accompanied by policy and procedural changes by public agencies "clearing" shipmentshere and abroad and by transportation firms. 6. Measures to limit delays inherent in misunderstandings about the grade and condition on arrival in foreign ports. Ideas that have been suggested include stationing U.S. inspectors at major European ports or conducting training schools for foreign inspectors in the requirements and techniques of U.S. inspection. There may be a need for special grades to satisfy foreign governments and buyers. PAGENO="0635" 5075 For the most part this list is a call to increased creative action and coopera- tion by potential exporters, shipping companies and the service agencies. Full contributions by the State and federal service agencies, of course, depend upon a favorable legislative climate especially toward funding needed service activities. I appreciate greatly the opportunity to appear before this committee and, again, commend to you the full consideration of problems and possible solutions detailed in the testimony of other witnesses for Florida agriculture. (Exhibit A) STATEMENT OF FLORIDA INTERNATIONAL AGRICULTURAL TRADE CoUNcIL, INC. We are told that Art Calver handled the Yucatan tour beautifully, that the group was received with the greatest hospitality and had a most interesting time over the weekend of January 6th. Commissioner Conner was on hand, and so were a goodly number of FIATC members. Quite a few AgriTours folders were distributed en route and much interest in the event was indicated. The wrap-up meeting for the 1968 AgriTours was held at the State Fair Con- ference Room, Tampa, on January 17th, and almost everyone involved was present. Charles Lykes presided. David, Feijoo, Twedell, Hammond, Jeter, Beatty, Stack, Martin and others gave reports on the activities of their com- mittees. Each item was thoroughly discussed to make sure that nothing had been overlooked. The feeling after the meeting was that we had learned a lot from last year's AgriTour and that this year's is better organized as a result. Ed David was asked again to act as coordinator during the event. A fruitful meeting was held at Gainesville on January 22nd on the subject of future short courses for Latin Americans with associated tours. Dr. Cunha had assembled a group of top University people representing Beef Cattle, Swine, Horses, Dairy, Poultry, and the Center for Tropical Agriculture. Representing FIATC were Ahlstrom, Stack, Gatrell, Lyons, Parajon, and David. This year's Latin American Beef Cattle Conference will be held at Gainesville on May 21st in connection with the 17th Annual Beef Cattle Short Course which will follow it on May 2nd, 3rd, and 4th. As this program has been completely developed, it was decided to make no changes this year. A meeting of the full committee will be held on June 5th at Gainesville to make plans for 1969. The general idea will be to hold the Latin American Beef Cattle Conference in June of 1969, instead of in connection with the regular May Florida Beef Cattle Short Course. All the other Departments, dairy, horses, swine, poultry and Tropical Agriculture, will hold special Latin American short courses at that time too, all in about three days. All this will be under the aegis of the Center for Tropical Agri- culture. We'll then have farm tours, run by PlATO, on the way back to Miami, covering areas of the State not included in the winter AgriTours program. Uni- versity personnel will be at the different farms to answer questions. After the tours, the guests will have time for a Miami holiday, during the lower-rate period there. Of course, none of the above is final or definite. It is the general idea, subject to many changes, but those present seemed to consider it most favorably. The Dade County Port Authority dedicated its new Animal and Plant In- spection and Quaratine Facilities at Miami International Airport on January 30th. Dr. Parajon was one of the main speakers at the dedication and did a very impressive job. These further should prove of tremendous value in expand- ing our Florida International agricultural business. The Florida State Chamber of Commerce has advised its members and "all concerned" that the 7th Annual Florida World Trade Conference will be held in Jacksonville, Hotel Roosevelt, on April 4th and 5th. The theme will be "Bridging the Oceans for Profit." For reservations write "Seventh Florida World Trade Conference," P.O. Box 8046, Jacksonville, Florida. 32211. Our thanks to all those who have responded so well to our request to mail in current PlATO dues. The response has been most gratifying. PAGENO="0636" 5076 U.S. EXPORTS OF SPECIFIED LIVESTOCK THROUGH FLORIDA PORTS, 1967 Country Cattle Horses Swine Goats Argentina 1 13 Bahamas 1 41 Bermuda 6 Brazil 225 43 12 Canada 255 6 Chile 2 Colombia 29 261 Costa Rica 166 2 Dominican Republic 148 5 4 Curacao 6 Ecuador 119 1 El Salvador 10 England France 1 Guatemala 125 1 44 Haiti 1 Honduras 1 1 17 Ireland 2 Jamaica 1,036 8 Mexico 18 Nicaragua 1 Panama 87 24 Peru 3 18 10 Philippine, Republic of 36 Spain 30 South Africa 2 Surinam 17 Tobago 10 Trinidad 41 26 Venezuela 3, 555 72 22 Total 6,013 248 416 18 6,695 Source: Reports of USDA Animal Health Division, Florida branch. SHIPMENTS OF CHICKS, POULTS, AND HATCHING EGGS, BY FLORIDA BREEDERS, HATCHERIES, AND DEALERS DESTINED OVERSEAS Country Chicks Eggs (dozens) Poults Ducks Other Bahamas 2,376,779 300 1,402 52 Bermuda 6, 900 200 50 Bolivia 61,385 50 Brazil 20,500 30 British Honduras 54,743 2,500 231 175 Chile 18,425 Columbia 8,725 20 Costa Rica 3,330 15,090 200 100 Dominican Republic 210,480 603,909 250 El Salvador 199, 980 34, 440 2, 050 3, 440 Ecuador 286,695 66,720 7,100 100 Guadalupe 43,290 20 Guatemala 26, 860 33, 300 3, 500 4, 800 Guyana 20, 200 23, 730 170 Haiti 196,863 200 Honduras 747,064 3,870 900 335 Jamaica 20,245 458,346 150 357 Leeward Islands 1,500 Mexicn 278, 550 3, 000 1,450 1,720 Netherlands Antilles 8, 000 Nicaragua 1,690,435 5,000 300 350 Panama 8,250 84,475 2,750 Peru 82,493 34,519 22,950 Puerto Rico 672,571 47,310 10,855 2,992 Surinam 495,680 1,500 7,055 Trinidad 158,387 585,108 1,430 1,950 Venezuela 88, 730 292, 012 10,368 41, 835 Virgin Islands 15,744 100 200 Windward Islands 22,720 5,970 Lesser Antilles 163, 273 54, 660 3, 210 969 Argentina 31,880 Paraguay British Guiana 444,650 120,310 1,434 4,950 Netherlands West Indies 224,128 3,290 201 240 Portugal 1,700 Italy 1,100 Spain 1,700 Total 8, 662,630 2, 520, 009 68, 151 75, 420 1 44,912 a A variety of pheasants, started pullets, turkey eggs, duck eggs, geese, guineas, quail, partridges, peacocks. Source: Certificate issued by Florida Department of Agriculture, Animal Industries Division, Poultry Services Section. PAGENO="0637" 5077 (Exhibit B) AGRICULTURAL DECLARATION OF MIAMI The Ministers of Agriculture of the following countries, to wit: Honorable Hugo Bozo, Bolivia; Honorable Guillermo Yglesias Pacheco, Costa Rica; Honor- able Rene David Escalante Orozco, El Salvador; Honorable Francisco Montenegro Giron, Guatemala; Honorable Victor Nevers Constant, Haiti; Honorable Julio C. Pineda, Honduras; Honorable Alberto Reyes Riguero, Nicaragua; Honorable Rafael Cubas Vinatea, Peru; Honorable Alejandro M. Osorio, Venezuela; Hon- orable Ricardo Acosta, Undersecretary of Mexico; and the Honorable Doyle Conner, State of Florida Commissioner of Agriculture, on occasion of the first Latin America-Florida Conference of Agriculture held in Miami, Florida, for the purpose of sharing experiences, promoting a closer relationship, and unifying criteria on the great agricultural problems of the Americas, Do hereby 4eclare- First: Unshakable faith in a democratic organization as the most workable means for the betterment of their people, and to safeguard the essence of human dignity; Second: Firm determination to take the necessary steps, jointly, toward the achievement of a just social order, having appropriate concern for the man who works the land; Third: Conviction that these objectives will be achieved with the necessary dispatch and within the scope desired and permitted by law, through an authentic spirit of cooperation among the peoples of the Americas; Fourth: Belief that those highly developed nations should suitably contribute, with their technical and financial support, to the common goal of the betterment of mankind in the Americas; and to urge those countries undergoing develop- ment to make the greatest possible effort of their own to take advantage of such support; and to undertake the necessary improvement in the economic, social and agricultural fields, so that the betterment and modernization of their economies becomes a reality; Fifth: Intention to meet periodically for the purpose of sharing their experi- ences, promoting a better understanding, and arriving at definite solutions; Sixth: Their pledge to work together so that these solutions, recommendations and resolutions, mutually agreed upon, are carried out without fail; Seventh: Their decision to work toward Latin American integration, a better understanding, and the closest friendship and cooperation with the United States, availing themselves of the opportunity offered by the kind invitation of the State of Florida through its Commissioner of Agriculture, Doyle Conner; Eighth: Their pledge to conduct investigations and put into effect specific meas- ures for the control of plagues, and to undertake phytosanitary campaigns or programs in order to avoid the inherent risks of epidemics; Ninth: Their conviction that many of the problems facing the marketing of agricultural commodities of this hemisphere are, because of their technical nature, common to the countries of Latin America and the State of Florida, and can be better solved through the joint efforts of the interested parties because sufficient scientific information, personnel and assistance are available in these countries; Tenth: Their intention to extend a formal invitation to the governments of the sister nations not represented at the Conference, to adhere to the principles set forth in this Declaration; to urge and encourage each one of our governments and private institutions to equally participate in the agricultural development of the American nations; and to work towards achieving a free exchange of tech- nical information, personnel and assistance between the countries of this hemi- sphere; and to combine the mutual efforts of the member countries, and to co- ordinate the exchange of technical information through the facilities of a central office of the newly created organization to be established; Eleventh: Their earnest desire that this Latin American-Florida Conference of Agriculture become a permanent Agricultural Forum of this hemisphere, and since the Commissioner of Agriculture of the State of Florida has offered the services of his staff to that end, it is hereby unanimously agreed that a per- manent organization be and it is hereby created. The basis under which said organization is to be chartered is to be submitted to the attending Ministers PAGENO="0638" 5078 of Agriculture before December 1, 1966, for their consideration, additions, sug- gestions, and corrections. The proposal, duly revised by the Ministers of Agricul- ture, shall be returned no later than February 7, 1967, so that the Charter of the organization may be finalized and executed by all parties. The permanent head- quarters of the organization shall be in the State of Florida, but the site of the Annual Conference shall be rotated between the different countries. The organization shall be known at Latin America-Florida Agricultural Organization. (Exhibit C) REsoLUTIoN We, the undersigned Ministers of Agriculture of Latin America, convened in the City of Miami, State of Florida, have unanimously agreed to give the Honor- able Doyle Conner, Commissioner of Agriculture of the State of Florida, our vote of confidence for his initiative and foresight in convoking the first Con- ference of Latin American Ministers of Agriculture, which climaxed in. the signing of a document entitled, "AGRICULTURAL DECLARATION OF MIAMI". This document is a significant step toward strengthening friendship and cooperation between the countries of Latin America and the United States in general, and the State of Florida in particular. The results of our meeting will have beneficial repercussions in the American Continents. THEREFORE, we, the Ministers of Agriculture of Latin America attending the Conference, have unanimously approved the foregoing resolution and in witness thereof set our hands and seals this 14th day of September, of the year 1966, at Miami, Florida. Hugo Bozo, Minister of Agriculture, Bolivia; David Escalante Orozco, Minister of Agriculture, El Salvador; Victor Nevers Constant, Minister of Agriculture, Haiti; Recardo Acosta, Minister of Agri- culture, Mexico; Rafael Cubas Vinatea, Minister of Agriculture, Peru; Guillermo Yglesias Pacheco, Minister of Agriculture, Costa Rica; Francisco Montenegro Giron, Minister of Agriculture, Guatemala; Julio C. Pineda, Minister of Agriculture, Honduras; Alberto Reyes Riguero, Minister of Agriculture, Nicaragua; Alejandro M. Osorio, Minister of Agriculture, Venezuela. RECoMMENDATIoNS The Ministers of Agriculture of the following countries, to wit: Bolivia, Costa Rica, El Salvador. Guatemala, Haiti, Honduras, Mexico, Nicaragua, Peru and Venezuela: and the Commissioner of Agriculture of the State of Florida; have agreed on the following recommendations: All of the Latin American Governments, the State of Florida and the United States should give their full cooperation to: 1. Motivate, actuate, support and promote the agriculture of this hemisphere; 2. Cooperate and support development projects, including concrete action in the fields of: Technical Training, Research, Extension and credit, among others, enlisting for this purposes all financial and technical assistance available; 3. Support and carry out appropriate programs in those countries where eco- nomic and social planification dictate the need and urgency to encourage and promote the broadened individual ownership of agricultural land. 4. Study and adopt, with due diligency, measures and actions which tend to improve and organize the commercialization and industrialization of agriculture in Latin America. SENATE MEMORIAL No. 1094.-A MEMORIAL TO THE CONGRESS OF THE UNITED STATES To PROVIDE FOR PROTECTIVE TARIFFS ON IMPORTED AGRICULTURAL PRODUCTS Whereas the government of the United States has established as national policy that poverty within this nation shall be elminated, that every citizen is entitled to a decent and respectable standard of living and each worker entitled to a minimum wage in excess of that earned by the citizens of any other nation; and Whereas the United States, the world's greatest agricultural nation, depends heavily upon agricultural laborers to produce the necessary food and fiber for PAGENO="0639" 5079 the sustenai~ce and clothing of our people and of other friendly peoples through- out the world; and Whereas no other nation on earth pays its agricultural workers as well or maintains such a high standard of living and healthful environment for her people as does the United States and that as a result thereof, the cost of labor for food production in the United States greatly exceeds the cost of labor in any other nation; and Whereas in our determination to provide only the most wholesome foods of the highest qualities possible for our citizens we have added to the cost of food production expensive inspection and grading services for the benefit of our consumers; and Whereas the preceding factors have resulted in an unavoidable increase in the prices of home grown agricultural products; and Whereas foreign agricultural products do not have to contend with comparable cost increasing factors and therefore are economically sold for a price lower than that of the home grown agricultural products, causing the American product to have an unfavorable competitive position; and Whereas the disparity in prices between home grown and foreign grown agricultural products induced by governmental action can only be removed by governmental action; and Whereas if remedial action is not forthcoming the American agricultural industry will expire and the American consumer, though initially paying a lower price, would eventually be at the mercy of prices set solely by foreign producers and food quotas authorized by foreign governments; and Whereas the lack of remedial action will result in American investment in foreign agricultural industries with a consequential additional depletion of the gold supply; and Whereas food has been recognized by the federal government as our most powerful weapon in the fight for peace; and Whereas the collapse of the American agricultural industry or a reduction in the productive capacity of such industry would detrimentally affect the civil defense posture of the country as the survivors of a civil defense emergency would be solely dependent upon American agricultural products for continued existence: Be it Resolved by the Legislature of the ~S'tate of Florida: That the Congress of the United States be and is hereby requested to maintain those protective agri- cultural import tariffs which currently exist, and be it further Resolved, That the Congress of the United States make a detailed determina- tion of what additional agricultural tariffs and quantitative limitations of im- ports is needed to perpetuate the American agricultural industry and that the Congress expeditiously enact such import controls, and be it further Resolved, That copies of this memorial be dispatched to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of the Florida delegation to the United States Congress. Effective June 21, 1967. STATEMENT OF SOUTHERN ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE, MORGANTOWN, W. VA. RESOLUTION NO. 1 A resolution to the President of the United States, the Congress of the United States, the Secretary of State of the United States, and the Secretary of Agriculture of the United States. Whereas the government of the United States has established as national policy that poverty within this nation shall be eliminated, that every citizen is entitled to a decent and respectable standard of living and each worker entitled to a minimum wage in excess of that earned by the citizens of any other nation; and Whereas the United States, the world's greatest agricultural nation, depends heavily upon agricultural laborers to produce the necessary food and fiber for the sustenance and clothing of our people and of other friendly peoples through- out the world; and PAGENO="0640" 5080 Whereas no other nation on earth pays its agricultural workers as well or maintains such a high standard of living and healthful environment for her people as does the united States and that as a result thereof, the cost of labor for food production in the United States greatly exceeds the cost of labor in any other nation; and Whereas in our determination to provide only the most wholesome foods of the highest qualities possible for our citizens we have added to the cost of food production expensive inspection and grading services for the benefit of our consumers; and Whereas the preceding factors have resulted in an unavoidable increase in the prices of home grown agricultural products; and Whereas foreign agricultural products do not have to contend with comparable cost increasing factors and therefore are economically sold for a price lower than that of the home grown agricultural products, causing the American prod- uct to have an unfavorable competitive position; and Whereas the disparity in prices between home grown and foreign grown agri- cultural products induced by governmental action can only be removed by governmental action; and Whereas if remedial action is not forthcoming the American agricultural industry will expire and the American consumer, though initially paying a lower price, would eventually be at the mercy of prices set solely by foreign governments; and Whereas the lack of remedial action will result in American investment in foreign agricultural industries with a consequential additional depletion of the gold supply; and Whereas food has been recognized by the federal goveri~ment as our most powerful weapon in the fight for peace; and Whereas the collapse of the American agricultural industry or a reduction in the productive capacity of such industry would detrimentally affect the civil de- fense posture of the country as the survivors of a civil defense emergency would be solely dependent upon American agricultural products for continued existence, Therefore, the Southern Association of Commissioners of Agriculture resolve that they do support those protective import tariffs which currently exist; and Be it further Resolved. That the Southern Association of Commissioners of Agriculture urges the Congress of the United States to make a detailed study and determina- tion of what additional agricultural tariffs and quantitative limitations on im- ports are needed to perpetuate the American agricultural industry and ex- peditiously enact such import controls; and be it further Resoive(l, That copies of this resolution of the Southern Association of Com- missioners of Agriculture be dispatched to the President of the United States, to the President of the United States Senate, to the Speaker of the United States Flouse of Representatives, and to each member of the Congressional delegations to the United States Congress of each state represented in the Southern As- sociation of Commissioners of Agriculture. Adopted June 7, 1967. REsoLwrIoN XXI MARKETING, TRANSPORTATION, AND WEIGHTS AND MEASURES, FOREIGN TRADE Whereas the United States has established a national policy of eliminating poverty and providing a minimum wage in excess of that paid to workers in any other country of the world; and Whereas agricultural producers in other countries do not have to meet high and ever increasing cost factors comparable to those facing United States producers; and Whereas it is the establishment policy of all other countries of the world to protect their domestic agricultural industries, importing products in relation to their wants and needs, while the American farmers is expected to compete with unlimited imports of many agricultural commodities in excessive volume for these importing countries; and Whereas in accomplishing the long-range goal of increased world trade, the American farmer is caught in an untenable position of non-reciprocal treatment for his products by other countries; and Whereas failure to maintain a vigorous and expanding domestic agricultural food industry will be seriously detrimental `to the civil defense posture of this PAGENO="0641" 5081 nation; and furthermore, leave the United States consumer at the mercy of supply and price policies set by foreign governments for substantial parts of their food needs: Therefore be it Resolved, That The National Association of State Departments of Agricul- ture in convention assembled at Atlanta, Georgia, October 1-5, 1967, (1) sup- ports domestic agricultural industries in their position of maintaining present levels of import tariffs for agricultural products; (2) urges the Congress of the United States to determine with advice and guidance of the States and representatives of domestic agricultural producers, what additional protec- tion and limitations are needed in light of import discrimination on the part of other nations and their ability to "over supply" the United States market; and (3) urges the Congress of the United States to expeditiously initiate legislation based on said findings. STATEMENT OF M. F. Fnosr, VICE-PRESIDENT, TEXAS FARM BUREAU We thank you for the opportunity to present TFB's ideas regarding future U.S. trade policy. Texas Farm Bureau is a general farm organization with a membership of more than 105,000 member families in our state, representing every commodity produced in our great state. Texas Farm Bureau is a voluntary, non-governmental organization and is affiliated with the American Farm Bureau Federation. The Texas Farm Bureau supports the statement presented by AFBF on June 13, 1968. Our statement today is not to duplicate their remarks but to add to them and relate more specifically some of the problems faced by our state in world trade. Imports We are in favor of expanded world trade and believe in reduced restrictions to increase the flow of products between countries. But our membership is becom- ing increasingly concerned with restrictions placed on our agricultural products by other countries and the increased flow into the United States of agricultural products from other countries. Since Mexico is on our Southern border, we are particularly concerned with the dramatic rise in imports from that country. As our costs of production have increased, the increase in agricultural imports from Mexico has been even greater. An excellent example of the effect of this combination (increased production costs and Mexican imports) is strawberry production in Texas. I live in McAllen in the lower Rio Grande Valley and am quite familiar with the situation. In 1946, Orval Stites of Donna, Texas, was shipping strawberries all over the United States. During this same year, he shipped the first plane load of strawberries to Canada. In 1960 he employed 2,000 people and harvested approximately 225 acres with gross sales of $700,000 for that year. In April of 1967, Mr. Stites, after gradually reducing his strawberry acreage to 40 acres and selling his final crop at a heavy loss, closed his strawberry business. All the other straw- berry producers in Texas had quite before he had, but the announcement that Mr. Stities had to give up was the most stunning. Here was an individual who had come to the Valley in 1931, worked hard, experimented, innovated, pro- moted his product vigorously, and had built a business of which not only Mr. Stities, but the entire area, was quite proud. We thought it rather ironic that at the same time Mr. Stites announced he had to quit his strawberry business, Senator Wayne Morse of Oregon was introducing a bill in the Senate to restrict Mexican strawberry imports to protect the Oregon strawberry growers! Mr. Stites did not quit farming. He and his son are growing cotton, grain, and tomatoes. He didn't quit. But in the last seven years over 300 growers in this four-county area have gone out of business, and unless conditions change in the near future, experts predict another 35% of the present growers will go out of business. In 1945-46 the Valley shipped 75,000 carloads of fruits and vegetables. In the 1965-66 season, total shipments were down to 26,000 carloads. Mr. Stites and we others who grow and ship tomatoes are now facing the situa- tion that he faced in strawberries. In 1943, the Valley area shipped 10,142 car- loads of tomatoes-in 1965, 1201 carloads. In 1945, approximately 40,000 acres were planted in tomatoes, this spring less than 2,000 acres. True, part of the reduction this year was because of soil conditions caused by Hurricane Beulah last fall, but under normal conditions, the tomato acreage would have been less 95-159-68-pt. 1O-41 PAGENO="0642" 5082 than 4,000 acres, or less than one-tenth of that planted in 1945. The tomato imports have become so serious that growers from other tomato producing states, such as Florida and California, are feeling the impact. On June 22, 1968, less than two weeks ago, a man from the USDA visited my packing shed where we pack and ship tomatoes, gathering information as to packing selling costs of tomatoes. He also wanted to know if we felt Mexican imports were hurting our markets. I related to him how our tomato deal bad started on an optimistic note in May, that even with our short acreage, Florida's volume was decreasing, and the market demand was strong. Yet, when we started shipping, we found that in San Antonio, only 240 miles from the Valley and usually an excellent nearby market, there were eight cars of pink Mexican toma- toes on consi9nment! Naturally, the market fell dramatically overnight. The same situation exists for many other crops, citrus, cantaloupes and other melons, onions, etc. But since we have an overall surplus in trade with Mexico, we suppose that agriculture will continue to be discriminated against. For this is not a two-way street in agricultural trade. In the 1966-67 citrus season, when the United States had the largest crop in its history and Mexico had a tre- mendous increase in its crop, the Mexican government simply placed an embargo on all citrus imports into Mexico that season. Yet the U.S., which has a one- cent per pound import duty, allowed Mexico to continue exporting into this coun- try until the'market dropped so low that exen Mexico bad to quit our markets. I say again to you that it is not a `two-way street when we are not allowed to ship chickens into Mexico because its government protects its growers. One of the largest broiler producers in Mexico told me that he averaged around 17-18~ per pound for his broilers. It has been a long, long time since American pro- ducers `have received this high a price and we could compete quite effectively in this market `but we are barred from doing so. This year the border was closed to American turkeys. We once had the privilege of participating in probably the finest foreign aid program in the United States. The money went to the very people `that needed it most-the poorest of the poor-and it wasn't given to them; they worked for it at wages fixed by the U.S. government. And they weren't paid by the U.S. govern- ment either; they were paid by American farmers. Perhaps most important of all, they learned how to farm, they learned the meaning of sanitary conditions, what education would do, and were given a ray of hope in an otherwise hopeless life. Many of them took this back home and are now using it in their daily life. This program was the Bracero program. But this program was ended. And now the farmer is faced with a labor short- age and higher production costs, and competition with goods produced by this same worker who is getting about one-eighth of what he received for working in the United States. In 1965, Mexican imports of fruits and vegetables were 400% of their 1955 imports. Evpansion of world lnarlcet8 Faced with rising imports of not only fruits and vegetables, but also of red meats; dairy products and other agricultural products, the Texas Farm Bureau several years ago began exploring the possibilities of developing foreign markets for our membership. While our progress has been slow and the problems often frustrating, we believe that the potential is great and that agricultural exports can be expanded and continue to play a most important part in our balance of payments trade surplus. In 1966 the Texas Farm Bureau was the first to successfully ship fresh chilled beef by ship overseas. This was chilled beef, not frozen beef, and it was an achievement of which we were quite proud. The beef was shipped in a controlled- atmosphere container to Germany and was the result of a lot of hard work and cooperation by interested individuals and the Texas Farm Bureau. The beef was well received and sold out in a fraction of the time that had been estimated by the receiving store. But, before this program got off the ground, the levy was raised to such a high level by the Common Market that we were priced out of the market. The Common Market has a variable levy on beef which can be changed weekly and works very effectively in stopping imports. The levy can be raised while the beef is enroute. Transportation has been a major problem in exporting agricultural products from Texas, particularly the more perishable commodities, and the rates from the U.S. are not always competitive with those from other countries. At one time the freight rate on beef was considerably lower from Argentina to Europe than from New York to Europe. The Viet Nam war has caused the U.S. gov- PAGENO="0643" 5083 ernment to take many ships, particularly those with refrigerated space, from the normal U.S.-Europe routes to service carrying goods to Viet Nam, even using some for warehouses there. The market for perishable commodities overseas often fluctuates rapidly as it does in the U.S., and if adequate transportation were available, we would move much more when the market overseas made it feasible. TFB is continuing efforts to find markets overseas for agricultural products. In each of the past three years, we have conducted market-builder tours to Europe, taking farmers, shippers, and other interested agribusiness people over- seas to meet with potential buyers and gain a better understanding of each other's problems and needs. We have developed markets for our grapefruit, onions, and to a lesser extent, many other products. We continue to explore the market for beef and variety meats, turkeys and turkey parts, pecans, hides, flax, grain, and a variety of vegetables. This year TFB's market builder tour will go to Japan, Asia and the Middle East in an effort to develop markets in coun- tries in those areas. We find restrictions in Japan on our citrus through the use of quotas. Grapefruit sometimes costs as high as $1.00 apiece in Japan, even though they do not raise this fruit in their country. The Texas Farm Bureau has participated in several trade fairs in Europe, the latest in April in London, and also visited with buyers in Stockholm and Bonn. We are also going to participate in a trade fair in London this fall. These fairs and meetings have been arranged by the U.S. Foreign Agricultural Service and have been most helpful in arousing the interest of European buyers in agri- cultural products. We do feel the FAS could keep us better posted on changes in market conditions, but we feel that we are establishing better coordination with them in our marketing efforts. We have been puzzled by the attitude of the U.S. military in our efforts to sell overseas. In the fall of 1966, we visited the military purchasing office which was then located in Orleans, France. We were given a lukewarm reception and no enthusiasm was shown towards our efforts to sell them Texas and American products, this in spite of other military people telling us they would be delighted to be able to purchase more products from home, particularly fresh beef and fresh fruits and vegetables. Some Texas agricultural products are purchased by the military on a bid basis, but apparently all of these shipments are made from the East Coast or the West Coast, and the rail freight substantially in- creases the cost of the product. There are excellent port facilities in Texas and we feel that some of the military shipments overseas could be made from these ports, resulting in substantial savings to the military and the taxpayer. Conclusions We believe that our agricultural exports can be substantially increased, but to do so the United States must be aggressive in pursuing this endeavor. Greater cooperation between government and private industry is necessary. The problems of transportation and restrictions of foreign countries must be overcome. We must be competitive in price in the world market and yet give our farmer a fair return for his product. The impact of imports of agricultural products on the American farmer is becoming greater every day. Imports of cotton textiles, beef, citrus, tomato paste, dairy products and other fruits and vegetables, seem to increase every year. We feel that administrative procedures should be improved so that quick relief can be given to protect the American farmer and also farm labor from being further placed at a disadvantage by such imports, particularly when these imports are subsidized or are a result of dumping practices. We do not believe that international commodity agreements such as the International Wheat Trade Convention can do anything except hurt the American farmer and stop us from expanding our foreign markets in these commodities. Agriculture is the largest industry in the United States and the greatest user of labor. One out of every four acres is exported, and in 1966-67 these exports were worth $6.8 billion, 22 percent of total U.S. exports. Farm Bureau believes we can raise the level of agricultural exports to $10 billions if we are permitted to compete efficiently and effectively in the world market with a minimum of restrictions. STATEMENT OF WILLIAM W. CULL, PRESIDENT OF T1~xAs CITRUs MUTUAL My name is William W. Curl and my address is Post Office Box 372, Edinburg, Texas, 78539. I am presently serving as President of Texas Citrus Mutual, a non-profit corporation organized in 1958. Texas Citrus Mutual neither produces PAGENO="0644" 5084 nor sells citrus fruit. Its principal objective is to supply its members, who are citrus producers, with information relating to all phases of the production and marketing of citrus fruit in order that they may receive their fair and proper share of the consumer's citrus dollar. Its finances are obtained from a 25 cent per ton assessment paid by members on the fruit marketed by them. It is my purpose to speak for the Texas citrus producer who for the past twenty years has been beset by killing freezes, prolonged drought and destructive hurricanes and who now faces an even greater threat-the loss of his domestic markets to citrus imported from foreign areas where costs of labor and production are far below those prevailing in the United States. IMPACT OF IMPORTS OF CITRUS FRUIT The Texas citrus grower is vitally concerned with the importation of citrus fruit from foreign areas and particularly from Mexico. The production of citrus in Mexico, principally oranges, is rapidly increasing and it is evident from the experience during the past citrus season that it will have an increasingly adverse effect upon the marketing of domestically produced oranges in the United States. The costs of producing citrus in the United States are increasing at a rate far exceeding that prevailing in Mexico and in the other citrus producing countries of the world. Over the past few years, action has been taken on the Federal level which has increased and will continue to Increase the domestic costs of produc- tion. To mention a few-the bracero program has been terminated; most farm, packing house and processing employees are now included under the federal wage and hour legislation which establishes an approximately thirty per cent wage increase for these employees between February 1, 1967, and February 1, 1969; increasing costs are being encountered by the producer in his purchase of supplies and equipment and taxes at the local, state and federal levels are ~:~~istantly rising. There is no indication that foreign costs of production have increased or will increase comparatively and, in fact, the termination of the bracero program resulted in lower wages in Mexico. Over the years, the citrus producers in Texas, California, Florida and Arizona have substantially contributed to the advertising and promotion of citrus fruits. As a result of this effort, a good demand for citrus has been developed. These same producers are paying the highest wages applicable to any commercial citrus producing area in the world and they are also paying their fair share of the taxes necessary to support our higher standard of living. The domestic citrus grower does not receive long term low interest government loans for the purpose of planting citrus orchards and financing such orchards until they be- come commercially productive, nor does the domestic citrus producer receive any government subsidy on exported citrus, citrus by-products or concentrate as is the case in many foreign countries. As a result of these actions on the part of foreign governments, the planting of citrus groves, principally oranges, has been encouraged to the point where large surpluses must inevitably occur. These countries are looking to the United States to dispose of their excess production during peak crop years and because of their much smaller costs of production, the dumping of this foreign citrus in the United States can have a catastrophic effect on the domestic citrus producer. The maintenance of a sound domestic citrus industry and the guarantee of steady employment to those who labor in the production and processing of citrus should be a paramount national objective. EXISTING TARIFF ON CITRUS FRUIT Exports of citrus fruits from Mexico have consisted mostly exclusively of fresh oranges. For customs purposes, citrus fruits were made dutiable by the Tariff Act of 1930 at the rate of one cent per pound which might be increased or decreased by Executive action under Sec. 336 of the Tariff Act of 1930 in cases where the Tariff Commission, after investigation, finds that the rate of duty fixed by statute is higher or lower than necessary to equalize the differences in the cost of production in the United States and in the principal competing countries. For all practical purposes, the duty has remained at approximately the rate of one cent per pound since 1930, although prior to January 1, 1968, the rate on grapefruit was 1.2 cents per pound for grapefruit entering between the dates of August 1, and September 30; 0.9 cents per pound for grapefruit entering during October: 1.5 cents per pound for grapefruit entering November 1, to July 31, and the duty on oranges prior to January 1, 1968, for the entire season PAGENO="0645" 5085 was 1~ cents per pound. Effective January 1, 1968, the rates of duty on grape- fruit and oranges were lowered in accordance with the Kennedy Round on the General Agreement on Tariff and Trade. Although Mexico is not a member of the G.A.T.T., the new rates for grapefruit and oranges applied to all imports except those from communist countries. According to a letter received from the United States Department of Commerce dated February 29, 1968, the rate on oranges was reduced from 1J4 cents per pound to 1 cent per pound effective January 1, 1968, and will be further reduced to 0.8 cent per pound January 1, 1970; 0.7 cent per pound January 1, 1971, and 0.6 cent per pound January 1, 1972. It is submitted that assuming the one cent per pound duty on citrus fruit fixed in 1930 represented at that time the differential in the cost of produc- ing citrus in a foreign country as compared to the United States, it no longer does. What might have been a realistic approach in 1930 has, with the pas- sage of almost forty years, become outdated. Despite the constant inflation in the United States and the decline in the purchasing power of the dollar, the domestic citrus producer is confronted with a progressive lowering of the present tariff on oranges, set in 1930, to a figure which on January 1, 1972, will be less than one-half of that existing prior to January 1, 1968. Unless the tariff is substantially increased over one cent per pound or an adequate quota system established the domestic orange producer will be unable to recover his bare costs of production and will be forced out of business as many already have been. BALANCE OF PAYMENTS With the present emphasis on balance of payments, it is evident that Mexico with its increasing citrus production coupled with its lower costs of production will increasingly drain dollars from the United States. There is now no pos- sibility of offsets by way of exports of citrus fruit from the United States to Mexico because Mexico has closed her borders to importation by that country of citrus fruit produced in the United States. This season through May 20, 1968, Mexico alone has crossed into the United States 2,261 carlot equivalents of oranges, 428 carlot equivalents of tangerines, 6 carlot equivalents of mixed citrus and 19 carlot equivalents of limes for a total of 2,714 carlot equivalents of citrus fruit. These imports represent approximately nine million dollars that have flowed from the United States into Mexico (USDA, State Market News Service, Weslaco, Texas). In addition to the large volume of citrus which has been entered into the United States from Mexico, there has been additional citrus entered from other citrus producing countries. How does the 2,714 carlot equivalents mentioned above imported from Mexico during this season compare with shipments of Texas citrus fruit? During the 1966-67 citrus season, the largest Texas shipper of fresh fruit was Edinburg Citrus Ass'n of Edinburg, Texas. This association, operating two packing houses, shipped 2,133 carlots of citrus fruit-almost 600 less than Mexico shipped to the United States this season. The 2,714 carlots of Mexican citrus that have entered the United States this season were produced, harvested and packed in Mexico, depriving from gainful employment a domestic work force in num- bers approaching the total number employed by three of Texas' highest ca- pacity packing houses. The impact of imported citrus fruit on our domestic labor force is more substantial than many realize. PERCENTAGES OF PARITY BEING RECEIVED ON DOMESTIC CITRUS FRUIT The 1966-67 citrus season, which was a disastrous one for orange growers in the United States due to the large crop, resulted in the Texas producer receiv- ing 29 percent of parity for oranges (USDA C&MS-F & V Citrus Fruits: Estimated Equivalent On-Tree Returns and Parity Prices 10-2-67). As a re- suit of Texas' much small crop than Florida's and the fact that it can be sold much closer to the producing area with a consequent savings in freight, Texas should always receive a higher percentage of parity then Florida; how- ever, such has not been the case. This season to date, Mexico crossed, as stated above, 2,261 carlots of oranges compared with only 255 carlots last season. Ex- cept for 124 cars that crossed at Nogales, all of such citrus fruit crossed the border here in Texas and sold in Texas' traditional marketing area. As a re- sult, during the present season the Texas orange producer has received only 4 PAGENO="0646" 5086 percent of parity to date while Florida growers have received 66 percent of parity (USDA C&MS-P & V Citrus Fruits: Estimated Equivalent On-Tree Re- turns and Parity Prices 3-29-68). Last season, Texas had an orange crop of 2.8 million boxes and marketed through fresh fruit channels 2,986 cars (500 boxes per car). Mexico imported through the Rio Grande Valley of Texas, 256 cars for a combined total of 3,242 cars oranges shipped from the Rio Grande Valley of Texas into its marketing area. Hurricane Beulah, which occurred in September, 1967, reduced the Texas orange crop this season to 1.9 million boxes but there has been shipped from the Rio Grande Valley of Texas 4,580 cars of oranges of which 2,319 cars originated in Texas and 2,261 in Mexico, or about 40 percent more than the total shipments last season. Were it not for the December, 1967, freeze in California which re- duced its crop and the much smaller crop occurring in Florida this season, the percentage of parity received by Texas growers would have been much lower. SuMMARY AND RECOMMENDATIONS The domestic producers of citrus fruit, faced with constantly increasing costs, cannot successfully compete with the foreign producers due to the vast differ- ential in costs of production and a wholly inadequate tariff. Larger plantings of citrus are occurring in foreign countries each year and production will vastly exceed their ability to market in their own countries this increase. The domestic producer of Texas citrus fruit is and has been receiving far below parity for his fruit. Mexico has closed its borders to citrus fruit produced in the United States while increasing its exports of citrus fruit to the United States. This action will continue to drain dollars from the United States and force the domestic producer of citrus fruit from his traditional markets. It is recommended that action be taken to establish a tariff which will fairly represent the difference in costs of production experienced in the United States and in foreign countries or a quota system instituted of the type embraced in H.R. 16416 referred to as the Fresh Fruit and Vegetable Market Sharing Act of 1968 which has been referred to this Committee. Unless such action is taken immediately, the domestic market for citrus fruit will be disrupted by constantly increasing citrus imports from foreign areas whose wage scale, costs of produc- tion and standard of living are far below those existing in the United States. STATEMENT or ALBERT E. MERCKER, ExEcuTIvE SECRETARY, VEGETABLE GROWERS ASSOCIATION or AMERICA The Vegetable Growers Association of America was founded in 1908 and has a membership of approximately 3,000 small vegetable growers in 35 States and 32 affiliate Associations in 30 States. We wish to bring to the attention of the Committee the impact that the im- port of vegetables and strawberries makes upon the United States producer and the labor used to produce those crops. We can not cite all of the impact of these imports on all vegetables but this statement relates to specific informa- tion we do have with respect to imports of fresh tomatoes and fresh and proc- essed strawberries. These producers feel the impact because of their curtailed market outlets and the effect that the competition has upon their prices. The importation of tomatoes is felt very seriously by the producers of green- house, winter, early spring and late spring seasonal tomato crops. Therefore, we support H. R. 16416, The Fresh Fruit and Vegetable Marketing Act of 1068. This bill would permit the market sharing arrangements with other countries as was pointed out in the statement by the Honorable Orville L. Freeman, Secre- tary of Agriculture, with respect to an arrangement made by the Department of Agriculture in supporting "the enactment of a meat import law of 1964 (Public Law 88-482)". This law does not impose quotas but it sets a target which imports can not exceed in any year without "triggering" quotas. Strawberries-In 1963 we imported 3,794,000 lbs. of fresh strawberries and 34,550,000 lbs. of processed strawberries, making a total of 38,344,000 lbs. In 1967 we imported a total of 21,736,000 lbs. of fresh strawberries or 570% of the fresh strawberry imports of 1963. Imports of processed strawberries amounted to 74,659,000 or 201% of the imports of 1963. PAGENO="0647" 5087 The impact on the American producers of strawberries is tremendous but there is also a considerable impact on the labor used in harvesting the straw- berries. The increased imports have reduced the acreage planted to straw- berries in the United States from 80,070 to 67,020 acres planted in 1967, a reduc- tion of 13,050 acres. The background material for U. S. Department of Agriculture Statistical Bul- letin No. 233, "Changes in Farm Production and Efficiency" states that in the United States an average of 703 man hour per acre were used annually for the production, harvesting and the processing of strawberries in 1954. It is estimated that 670 man hours per acre were used in 1959. Applying the 670 man hours per acre data to the 13,050 acre reduction, we have a loss of 8,743,500 man hours of employment by the strawberry industry, due to the reduction in acreage planted in the United States because of the impact of imports. This is only a partial picture for one must take into consideration the effect of these imports on the lessened use of the packaging, packaging materials manu- factured and other allied industries concerned with this industry. Tornatoes.-In 1963 there was imported into the United States 249,216,000 lbs. of tomatoes which compare with 389,571,687 lbs. imported during the 1966- 67 season, an increase of 59,644,313 lbs. or 56% in this short period of time. The imports of these tomatoes during the winter and spring months had a terrific impact on the prices received for winter, early and late spring tomatoes produced in the United States. In fact, prices reached such a low level in December 1967 that the U. S. Department of Agriculture announced a plentiful food pro- gram for tomatoes in order to increase fresh tomato consumption. The importation of tomatoes also had an impact on our labor situation with respect to the number of persons employed in the production of and the market- ing of tomatoes, in that we had a reduction of 12,400 acres planted to tomatoes between 1963, when 62,850 acres were planted, and 1967 when 50,450 acres were planted. According to U.S. Department of Agriculture Statistical Bulletin No. 341, "Labor Used to Produce Vegetables", 186 man-hours were used to produce an acre of tomatoes in 1959. In other words, the reduction in man-hours employed amounted to 2,306,400 man-hours. Again, we want to emphasize that the importation of these strawberries, to- matoes, and other vegetables, not only creates a hardship for the American pro- ducer but it also is curtailing the employment of labor in connection with the production of these commodities and contributing to our unemployment situation. The vegetable industry does not have any price support programs nor has it ever asked for such and no requests for assistance are contemplated. However, the potential of increased production in Mexico of fruits and vegetables is so great that in years to come the producers of greenhouse products, winter, early and late spring vegetables and fruits, may find their competition from those low cost labor producing areas becoming extremely burdensome, resulting in greater losses to our producers. On behalf of the Vegetable Growers Association of America I want to take this opportunity to express to the Committee our appreciation to state our ease and we trust that you will seriously consider the plight of the fruit and vegetable growers of the United States of America. STATEMENT OF THE U.S. Da~ PEA AND LENTIL INDUSTRY RECOMMENDATIONS This industry recommends to the Committee that every effort be made to relax and eliminate trade barriers between the United States and all other countries wishing to enter into buying and selling relationships with the United States. This industry believes that freer trade, not more restrictive trade, is the cornerstone of our future well~being, both in the agricultural and industrial spheres. Believing this, the industry raises its voice as one to oppose those who would again build walls of protectionism, be they in the form of quotas, duties or any other special measures, labeled differently but just as negative. PAGENO="0648" 5088 VOICE OF THE DRY PEA AND LENTIL INDUSTRY The following organizations sponsor and support this statement. Thus joined, these six organizations speak for 100 per cent of the United States dry pea and lentil industry. Washington Association of Dry Pea and Lentil Producers, Inc. Idaho Association of Pea and Lentil Producers, Inc. Washington Dry Pea and Lentil Commission. Idaho Pea and Lentil Commission. USA Dry Pea and Lentil Council. Pacific Northwest Pea Growers and Dealers Association, Inc. IMPORTANCE OF THESE COMMODITIES TO WASHINGTON AND IDAHO More than 5000 producers and 40 companies are involved in the growing, proc- essing and selling of U.S. dry peas and lentils. Additionally, railroads, trucking firms, dock facilities and steamship companies also have a stake in the well-being of the industry, as they play an important role in movement of product from producer to ultimate consumer. At the country level these commodities are rated as having a gross value of between 25-30 million dollars. Processing, shipping and handling would increase this amount substantially. These commodities are significant additions to the agricultural well-being of both Idaho and Wash- ington. IMPORTANCE OF EXPORTS TO THIS INDUSTRY The key to success of this industry lies in exports. More than 65 per cent of all the dry peas and over 80 per cent of all the lentils produced in the United States are sold overseas. All sales are commercially made for dollars. Dry peas and lentils are a worthy plus factor in the U.S. balance of trade picture, and will continue to remain so unless buying countries are forced to initiate retaliatory measures to cope with the advent of new trade restrictions imposed by this country. AMERICAN MusHRooM INSTITUTE, Kennett square, Pa., June 26, 1968. Hon. WILBUR D. MILLs, Chairman, Committee on Ways and Means, House of Representatives, Washington, D.C. DEAR MR. MILLS: The American Mushroom Institute, representing mushroom growers and processors in the United States, urges you to favorably consider H.R. 16936-titled the Fair International Trade Act of 1068. Canned mushroom imports over the past six years have increased steadily to such a degree that now we feel the present domestic market is at its saturation point. This past season mushroom prices to the grower were at a low ebb and many are being forced to cease their growing operations. This undue increase of foreign canned mushrooms has and will continue to mutilate our price structure unless something is done about it. The per capita consumption of mushrooms in the U.S. (less than 1 lb.) has not increased sufficiently enough to warrant such an influx of this foreign product. We urge you and your Committee to look favorably upon H.R. 16936 and offer small industries such as the Mushroom Industry in the U.S., a chance to survive. Respectfully yours, RONALD B. HUNTE, Ecvecutive Director. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, D.C., July 1, 1968. Hon. WILBUR MILLS, Chairman, Ways and Means Committee, House Office Building, Washington, D.C. DEAlt MR. CHAIRMAN: The current hearings on tariff and trade proposals are producing much valuable information on the complex relationships between our country and other trading nations. I would like to call to the Committee's attention and make part of the official record a paper from the West Mexico Vegetable Distributors Association head- PAGENO="0649" 5089 quartered in Nogales, Arizona which is in the congressional district I represent. This is an association of 44 fruit and vegetable importers. The association study is impressive. It strongly contradicts the argument that domestic produce growers face cheaper costs than do their Mexican counterparts. This Mexican-grown produce is of great importance to our friendly neighbor, to the businessmen of the Southwest and to the housewives all over America. I hope the committee members will give this document careful consideration as it sheds considerable light on the importance of maintaining a relatively free flow of fresh fruits and vegetables across our border with Mexico. Sincerely, MORRIS K. UDALL. STATEMENT OF WEST MEXICO VEGETABLE DIsTRIBUToRs AssOCIATION, A. B. CONARD, SEcRETARY-MANAGER FACTORS TO BE CONSIDERED IN MOVES TO RESTRICT THE IMPORTATION OF PRODUCE FROM MEXICO The West Mexico Vegetable Distributors Association of Nogales, Arizona, com- prised of 44 member distributors, engaged in marketing and nationwide distribu- tion of fresh fruit and vegetables in the United States and Canada all of which are imported from the West Coast of Mexico, in an effort to clarify our position with regard to moves on protectionist type legislation and bills pending in the Congress and foreign trade policies in general, wish to present the following views and facts for consideration and for the record. It has become quite evident to us that the principal objection offered and con- tinually brought out by domestic producers in the United States is the statement that goods or products produced in foreign countries, where the cost of labor is admittedly less than wages paid in our country, are being imported in increasing quantities and that domestic industries and workers are being injured by what they term unfair competition and the claim that foreign products can be im- ported at a fraction of the costs they are faced with. We believe it is important to recognize that there are more considerations in- volved in our trade policy and in the objections being raised by American pro- ducers than the relative wages paid workers in a particular industry here and in other countries. We, therefore, will undertake to not only clarify labor cost factors in our particular industry but also discuss some of the other considera- tions that must be included to round out the total picture of what is involved in the importation of our products and the cost of delivering these products to the American markets. Labor Costs: As for the question of just how cheap labor really is in Mexico, it might be well first to cover some of the fringe benefits and other programs which are related to labor and the overall costs beside the salaries themselves. The Growers Associations are taking an enlightened outlook toward the labor force through two separate programs. One, run in conjunction with the experi- mental farm system, is designed to produce skilled workers to handle increas- ingly complex farming methods. They maintain a special school and share costs half and half with the government at the Cullican valley's experimental station. It is a special six months course to train foremen and field supervisors, tractor and machinery operators, and other skilled people they need. The people who come out of these classes are assured of permanent jobs at much higher wages, 40 pesos or more, compared with the prevailing of 25 pesos, on the bigger farms. Since the large vegetable farms need workers all year round the Associations have also undertaken a basic farm housing program. The vegetable exporters ~pay a special assessment on each box shipped and put aside a special parcel of land on their property. The landis used for housing and the fund pays half of the cost of construction; the worker pays the other half and owns his own home. These projects create a family type permanent labor force such as the California vegetable shippers are trying to establish with their individual housing programs. The adults-men and women alike-work in the fields thrOugh the growing season and then a part of them move to the packing houses while the remainder handle the harvest. The work in the packing houses is easier and better paying than the field work. The packers, nearly all of them women in the Cullican area, are paid on a piece rate of 45 to 50 centavos per box of tomatoes while the other shed workers are paid an hourly rate of three to four pesos. Good packers earn wages, which by Mexixtn standards are fantastic-12 to 20 pesos per hour with the 95-159-OS--pt. 1O-42 PAGENO="0650" 5090 possibility of even higher earnings on double pay overtime. Based upon this it can be seen that beside the actual cost of labor the cost of housing and training of the workers is considerable. Beside this there is a cost for schools, not only for the training of labor, but the cost of education for the children of the workers as well. The cost of building and maintaining these schools is borne by the growers with teachers furnished by the government. Added~ to this is the cost of land~for housing plus half the cost of the actual house and the fact that some personnel are paid on a yearly basis even though the season is of six months duration. During the peak of the season many of the workers are brought in each morning from as far away as thirty to fifty miles and returned to their homes each evening, which is expensive as many of the growers in the United States who have to haul their workers for these distances very well know. It should be pointed out that from the standpoint of output the Mexican worker is inferior to the farm labor in use in the United States and that it takes several of the Mexi- cans to equal one of the workers normally employed in the U.S. Equipment costs: Another very important cost factor to be considered is the cost of the equipment required in the growing of a crop in Mexico. These costs are exorbitantly high. This is an area where the U.S. grower enjoys a tremend- ous advantage. The government program on machinery and auto imports puts purchase prices for trucks, tractors, and parts 60-100 per cent higher than the U.S. prices. For a pick-up truck the U.S. farmer can buy in the U.S. for $1,800.00 to $2,000.00 the cost in Mexico may run $3,200.00 Dls. and added to this the approxi- mately 40 per cent higher cost for autos, cultivating equipment and tractors plus the 30-40 per cent additional cost for parts and the fact that each grower has to practically carry his own inventory of spare parts for repair and maintenance, because there is no telephone to reach to call the non-existent dealer a few blocks away as is enjoyed by the American farmer. Packing materials: The American farmer has another distinct advantage when the packing material factor is considered. In the U.S. the material, or shook handlers, set up their own box making machinery, or independent opera- tors make contracts for making up the boxes at the shippers shed, and the sup- pliers call on the shippers every day or so to see what materials will be required, with the shipper being billed at the end of the month for the supplies he has al- ready used. In Mexico, this is not possible and the grower has to purchase at least half or at times his entire requirements for the season even before the crop has been fully planted. In the case where a Mexican shipper who ships half a million or more packages during the season, and most of the large operators gen- erally have all needed materials on hand before the season starts for which their costs are the same as in the U.S. and in Mexico, the terms are cash on delivery. This involves a large investment plus extra warehouse space for storage. Production and packout: In this area we will endeavor to point out some of the factors involved as to the reason for less production and packout than can be realized by a grower in the U.S. In the case of Tomatoes, which is the principal vegetable produced for export, the average production on the West Coast of Mexico is 1,500 boxes per hectare which at 24 pounds per box results in 14,400 kilos or 36,000 pounds per hectare or 14,400 pounds per acre of exportable toma- toes; While the production could reach as high as 25,000 kilos it would have to be with the addition of the culls. However, Mexico does not have the market for second grade tomatoes or culls that prevails in the U.S. due to the fact that~ex- port and import duties, freight and other charges make it prohibitive. For this reason the growers associations in Mexico establish and maintain a strict quality control which permits only shipment of first quality fruit resulting in the pack~ ing of only 30-45 per cent of the fruit picked, which in some cases may only be 25 per cent but perhaps will average 40 or less. The balance of 60 per cent or more, classified as culls or No. 2's are sold on the domestic market at from 8.00 to 12.50 pesos (.64~ to $1.00 U.S. Cy.) for a 65 to 70 pound crate. This price includes the cost of the crate which is a very crude container costing around 4.00 pesos (.32~ Ti'S. Cy.). It can readily be seen that this is far from being a profit- able operation. The growers associations in Mexico have placed a great deal of emphasis on high quality and as a matter of fact the export quality and grade restrictions are higher than those specified by the U.S. Department of Agricul~ ture in their import requirements. Penalties are imposed on the growers for vio- lations which are enforced by the representatives of the Associations at U.S. ports of entry. The growers in the U.S., if one considers the factors mentioned, can realize a far greater production and resulting packout and are in a position to find a m~trket for their No. 2's in far greater returns. PAGENO="0651" 5091 Duties: One very important cost factor is the matter of American import duties, which on tomatoes ranges from 1.5~b per lb. during December, January and February to 2.1~ per lb. during the heavy shipping season. On the basis of 22 to 24 lbs. per two layer flats this amounts to approximately .46~ per flat or approximately .70~ per three layer lug of 33 lbs. Statistics show that Mexico ships more or less half each two layer flats and three layer lugs which will aver- age roughly .580 per container for American duty. This is in addition to approxi- mately 5~ per lug for Mexican Export Tax. This of course is a cost that Ameri- can growers do.not have. Freight costs: A most important cost factor which should not be overlooked is the transportation freight costs from the shipping point in Mexico to the U.S. border. From the Culiacan area which is 600 miles south of Nogales, Arizona the freight amounts to $520.00 U.S. Cy. per trailer, which on a load of half each flats and three layer lugs will average around .430 per package U.S. Cy. As freight to the middle West and eastern destinations in the U.S. is the same from either Nogales, Arizona or California, the California farmer would have another .43~b per lug advantage. From the standpoint of a shipper in the State of Florida, he would likewise have an advantage due to the shorter distance and less freight costs to the large metropolitan cities and distribution outlets in the U.S. It has been estimated by many that the American farmer can grow an acre of tomatoes for what it costs the Mexican farmer in American duties, Mexican duties and freight from growing areas to the border alone. Border crossing and handling charges: In this area we again have costs which the U.S. grower does not have. The handling of the crossing of a shipment of vegetables from Mexico requires the services of both a Mexican Customs House Broker and an American Customs House firm. They naturally charge a commission and take care of all the necessary paperwork and labor involved in getting a load cleared through the various inspections they must undergo. Some of the expenses covered by the Mexican Customs broker for the shippers account are Mexican Federal Export Taxes, Confederation charges, Production Taxes, Association fees, truck compound parking fees in addition to their commission. As for the American Custom House Broker who takes over the task at the point of entry as far as clearance through the U.S. Customs is concerned he of course makes a charge for commission and in addition pays the U.S. Import duties for the shippers account along with labor charges for Inspection in Nogales, Mexico and in Nogales, Arizona, plus a charge for entry documents and certificates of inspection. Marketing and distribution: During the primary shipping season from the West Coast of Mexico (November-June) the only large source of fresh tomatoes for the U.S. and Canada are Mexico or Florida. Each year the USDA Con- sumer and Marketing Service publishes a report which shows totals of fresh fruit and vegetables unloaded in 41 key cities of the U.S. These figures do not show total movements from origins shown however, they do provide the best nationwide information that is available which indicates sources of supply for the various commodities. These cities represent over 60% of the total popula- tion living in urban areas. It was found that 71.1% of the population of these 41 cities lives east of the Mississippi River. 28.9% live between the Mississippi River and the West Coast. This same report showed that of the total of 37,729 tomato unloads in 1966, 11,436 or 30% came from Florida, 11,329 or 30% came from California, 6,259 or 16.5% came from Mexico and the rest, 23.5% came from many other areas of the U.S. When this is further reduced to a seasonal study and we take into consideration only the period of November to June, Florida and Mexico are the only important sources of tomatoes. During 1966, 82% of all l~fexican tomato unloads went to cities west of the Mississippi. Only 18% went east of the Mississippi. That same year, 90% of all Florida tomatoes went east of the Mississippi River with. 10% shipped to areas in the West. In view of these facts it becomes clear and apparent that we are not in competition with Florida shippers. Simply, Mexican tomatoes supply the west. Florida tomatoes supply the east. Summary and conclusions: It cannot be denied that statistics show a sizable increase in the last ten years of imports of fresh fruits and vegetables from Mexico for consumption in the U.S. and Canada, however, it is a well known and established fact by those in the industry that the production of fresh fruits and vegetables in the U.S. during the winter months, when West Mexico is in production, will not begin to supply the domestic needs and were it not for PAGENO="0652" 5092 imports from other sources outside U.S. the American public would be subjected to either the choice of paying exhorbitant prices or going without fresh produce. It is important to note and we well knw that when producing areas in the U.S. are in heavy supplies, imports are prohibitive and West Mexico cannot compete. We have found from many years experience that it would be useless to try and impose quotas or limit imports of fresh fruit and produce because in the case of Mexico, the law of supply and demand in the U.S. automatically regulates the volume that can be shipped from Mexico and still show any kind of a profit. At times of the year when fresh produce is plentiful in the U.S. we automatically remain out of the picture and can only market our products during periods when domestic production in the U.S. is low. It is at these times we can come in and fill the gap. An important controlling factor contributing to the supply and demand is weather conditions both in the growing areas and in areas of distribu- tion as well. We would like to make a point which relates to all the attempts to restrict the importation of foreign goods and particularly those aimed at curbs to reduce the importation of fresh fruit and vegetables from Mexico. It is true that labor in Mexico is paid considerably less than labor in this country. But with tariffs and all of the other charges and factors we have mentioned the delivered price of Mexican produce is actually higher than that of the produce grown in the State of Florida and it is important to consider that it is only in Florida that this produce finds any competition during the winter months when it is put on the market. Why, then, should there be any objection to the importation of this produce? The answer lies, not in the cheap foreign labor, but in the additional competition provided by abundance. If the housewives of America had fewer tomatoes, cucumbers, stringbeans, peppers, peas, eggplant and other fresh vege- tables to choose from, they perhaps would be willing to pay more for them which is perhaps what the only state in America producing when we are in production would like to see happen. If this is what they are seeking and pushing for, then it becomes evident that their motives are selfish and what they really want is a greater profit with utter disregard for the consumer. We never have had a commodity control program in fresh produce and we sincerely hope we never do get into that. We also hope that the U.S. Government will not attempt to re- duce production by the arbitrary cutting off of Mexican produce particularly through a wholly false appear to the impact of "cheap foreign labor" on our domestic economy. Finally, we believe it should be brought out that domestic producers have claimed that foreign imports and competition is causing unemployment in some industries and areas and with respect to this we might mention that while Mexi- cans grow, pick and pack our produce in Sonora and Sinaloa, Mexico, American workers are provided jobs in Arizona and throughout the U.S. and Canada and many are dependent on these jobs during our shipping season. Jobs are provided in the U.S. through the sale of farm equipment, fertilizer, insecticides, pesti- cides, seed and other American products used in the growing of this produce. Many other Americans are employed in allied industries in the shipping and handling of the produce on its way to the markets, such as rail and truck trans~ portation lines, in the terminal markets, brokers, commission merchants, chain stores and markets. We should not lose sight of the relative advantages enjoyed by the jobs we gain in turn. The U.S. Government is also realizing a revenue as a result of these importations and the Arizona Customs District, the records show, collected during the fiscal year ending in June of 1967 $12,399,123.81. Grow- ing and prosperous America sorely needs this offseason supply of foodstuff, especially during the winter season when domestic production is insufficient in quantity. The Mexican crop fills a vital need. VINYL MAID, INC., West Springfield, Mass., June 17, 1968. Hon. WILBUR D. MILLS, Longworth House Office Building, Washington, D.C. DEAR SIR: This letter is in support of the following bills soon to be considered by the House Ways and Means Committee: H.R. 11247; H.R. 11286; and H.R. 11743. These bills concern the import and tariff of packed olives. I am a small businessman supplying containers to the olive packers on the East Coast. My business is in jeopardy due to the present unfair tari~ schedules on PAGENO="0653" 5093 packed olives. I strongly urge you to take positive action with respect to correct- ing the unfair tariff schedules which allow Spanish olive cartels to package, label, and ship to the United States, and sell the packed olives for less than they can be packed here at home. This is grossly unfair to the American businessmen and to the American con- sumer. In addition, in the area of consumer protection, the U.S. standards for quality are something of which we can be justly proud. We have inspectors and established packaging procedures~ to protect the American consumer; we have little or no control over packaging procedures used outside of this country. WTould you please vote in favor of these Bills and correct this unfair tariff schedule. Thank you very much. Very truly yours, WENDELL B. SHEARER, President. STATEMENT OF ROBERT C. LIEBENOW, PRESIDENT, CORN REFINERS ASSOCIATION, INC. The Corn Refiners Association ~is a national organization of the American wet corn milling industry. Members of the Association operate 12 plants in Illinois, Indiana, Iowa and Missouri. Our industry is the Nation's largest food and indus- trial user of corn, America's most important single crop. Its purchases of corn throughout the year are a major factor in maintaining farmers' prices in the cash corn market. Our members' products-principally corn oil, starch, corn syrup, corn sugar (dextrose) and other starch derivatives-are used throughout American indus- try, particularly in the manufacture of paper, textile, food, drugs, and adhesives. They are also essential to national defense. They are used in the manufacture of explosives,~ airplane engines, tanks, shells, and hand grenade casings. They are used in missiles, uniforms and mess kits and are a part of every meal a serviceman eats from the barracks to combat rations in the field. The Association supports expanded trade among all nations on a fair and equitable basis. It would point out, however, that a serious imbalance of trade can result where Our efforts to free trade are met with the barriers to trade erected by other industrialized nations. Exactly this situation now exists with regard to tapioca starch. We are the only major industrial nation that does not have a duty on the import of tapioca starch. This fact, coupled with the variable levy trade barriers of the European Common Market, creates here in the United States a kind of vacuum into which the world's output of tapioca starch has flowed in ever- increasing quantities. The tapioca starch thus imported competes directly with our domestic production of corn starch. This competition means that our trade with the few nations which produce tapioca is being financed through the profits and jobs of the American industrial firms affected. The duty free status of tapioca, tapioca flour and cassava (from which the tapioca starch is made) was bound into our tariff schedules by the GATT nego- tiations of 1047. Since that time imports of tapioca starch have increased by 300 percent from around 100,000,000 pounds in 1948 to over 300,000,000 pounds in 1967. The ten-year average of tapioca imports from 1958-1967 is more than two and one-half times the average of the previous ten-year period, and imports have exceeded 300,000,000 pounds in each of the last three complete years. The United States Tariff Commission investigation of the starch industry in 1959 demonstrated that the increased imports of tapioca starch had a telling effect on customers of the American corn refining industry. Open market sales of domestic corn starch to adhesive and dextrine manufacturers, for example, amounted to only about 20 million pounds in 1958. This was just slightly more than the amount of imported starch sold to such manufacturers.1 These losses occurred despite the fact that the American wet corn milling industry had achieved a high degree of efficiency and ability to compete. Thailand is currently the principal exporter of tapioca starch. (U.S. Tariff. Commission Summaries of Trade and Tariff Information, Schedule 1, Vol. 6, 1966, p. 139.) Brazil is the second niajor supplier of the product, but many less- developed nations have the potential to produce tapioca starch-notably 1 United States Tariff Commission Report on Starch, Investigation No. 332-37, March 1960, p. 38. PAGENO="0654" 5094 Indonesia and several countries in Africa. Prior to World War II, Indonesia was the world's major tapioca starch exporter and with the return to political and economic stability, Indonesia could export even more tapioca starch than Thai- land does now. Because domestic starch industries in Europe are sheltered by high tariffs and variable levies, any increase in tapioca exports from these coun- tries must inevitably flow to the United States. European protectionism has become an even greater obstacle in recent years because of the movement to a Common Agricultural Policy (CAP) within the European Oommon Market. The CAP has significantly stiffened barriers to tapioca starch imports throughout this six-nation area. It provides nearly com- plete protection for farmers in the EEC by using a variable levy system to elimi- nate the competitive price advantage of imported agricultural products. The levy system even applies to products the EEC does not produce, if they compete in any way with domestic production. All tapioca products, therefore, are sub- ject to the levy system, some-notably tapioca starch-receive higher levies than others. These levies contain a variable component that is calculated to offset the dif- ference between the price of the imported product and the price of the competing Common Market product. (Regulation No. 160/66, Trading System for Certain Goods from the Processing Agricultural Products, Official Journal No. 195, Oct. 28, 1966, p. 3361, as subsequently amended.) As a result of this new EEC- wide system, some member countries have recently raised their duties on tapioca and tapioca starch. As of February, 1968, the total EEC levy on tapioca starch was equivalent to 58 percent ad valorem 2-a striking contrast to the duty-free treatment accorded tapioca starch imports into the United States. Also the EEC levy can be raised still further, if necessary, to continue to keep out Thai and Brazilian exports of tapioca starch; The member countries can raise the tapioca starch levy if the c.i.f. price of tapioca starch declines, or if internal grain prices are increased. In Japan, also, a potential market for tapioca `starch is `blocked because the gov- ernment strictly controls tapioca starch imports through the device of import licenses. Japanese imports of tapioca starch were negligible until the past few years, and even now they are a small fraction of the volume of U.S. tapioca imports. The remedy which the United States `should pursue in this and similar cases seems clear enough. Its negotiators should have the authority and responsibility to negotiate the removal of unreasonable foreign tariff barriers, and this au- thority should be strongly backed up in our tariff laws. Considerations of basic fairness dictate that American industries which have absolutely no tariff protection against imports should have the assistance of the United States Gov- ernment in seeing that other countries are not able to take unfair advantage of us. In addition, and equally important, this approach is consonant with two funda- mental goals of the United States: expansion of free world trade, and greater access to foreign markets for products of less-developed countries. The United States has long maintained that the welfare of the less-developed countries de- mands a universal reduction in tariff barriers blocking their exports, rather than in preferential trade arrangements and reduction in duties by only some coun- tries. This policy should be applied here. The American corn refining industry has been seriously disadvantaged by the flood of tapioca starch imports. Our industry has borne the brunt of a unilateral free trade policy in the face of contrived protectionist trade barriers abroad. We are hopeful that this situation can be relieved by reducing other countries' duties. If it cannot, and if tapioca starch imports into the United States continue to rise, the only fair solution would be to either impose a duty on tapioca imports as we have done on all other major competitive starch imports or to adopt a quota for such imports. 2 Ci.f. prices European ports from Thai tapioca starch in February, 1968, was $136.40 per metric ton. The tapioca starch levy, which is based upon the corn levy, was $79.19 per metric ton. This levy as a percentage of the c.i.f. price is 58 percent. The tapioca starch levy is calculated as follows: First, there is a fixed element of $17.00 per metric ton. Second the variable element as required in the Common Agricultural Policy regulations is 1.61 times the corn levy for the particular month in question. In February the corn levy was $38.63 per metric ton. This times 1.61 yields a variable element of $62.19 per metric ton. The sum of these two elements-$62.19 and $17.00 per metric ton yields the total levy, of $79.19. ` PAGENO="0655" 5095 NIcHoLsoN & Co., INc., Cambridge, Mass., June 24, 1968. Mr. JOHN M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, Longworth House Office Building, Washington, D.C. GENTLEMEN: We are submitting our written views to be included as a part of the record of public hearings, which will be conducted by the Committee on Ways and Means on the general subject of tariffs and trade proposals. We are identifying ourselves as the largest United States importers of Glue, Inedible Gelatin, and Animal Glue ~valued under 40~ lb., Tariff Item 455.40. We are also importers of large quantities of the following dutiable items :-Dextrine, Vegetable Glue, Fish Glue, and Edible Gelatin. In previous hearings before the United States Tariff Commission and the Trade Informatien Committee, we have constantly asked for a reduction in the duty on Tariff Item 455.40. The simple fact is that the duty on this item, even after considering the full effect of a 50% reduction due to the Kennedy Round, which supposedly will be effected in 10% increment cuts per year over a 5 year period, is still too high. About 25 million pounds of Inedible Gelatin are imported into the United States each year, in relationship to a domestic production of approximately 90 million pounds. The fact is that the imported quantities in- volved do not impose any threat to domestic production, and that most of the qualities involved are not even produced in the United States due to insufficient production facilities and lack of raw materials. The imports of Item 455.40 are an augmentation to domestic supplies, and our records show that we sell approxi- mately 5 million pounds yearly to domestic glue manufacturers. It has always been our contention that the duty on this commodity should be abolished. We also recommend, and have recommended on several occasions, that the duty on Fish Glue valued ufider 40ç~ lb., Tariff Item 455.36, should be eliminated. This product is not even produced in the United States and is used as an additive in the manufacture of gummed sealing tape, a very basic industrial packaging product. The result of the duty on Fish Glue is that the increased cost is passed along to the manufacturer, and ultimately to the industrial user, and finally to the consumer. We think it is hardly fair for duties to be continued on a product which is not even produced in the United States. As regards Dextrine, Tariff Item 493.3000, the current specific duty is 3.0~ lb. This highly prohibitive rate was established as a result of the "Chicken Tariff War", and in spite of the settling of the Chicken Affair, and the beginning of duty cuts as a result of the Kennedy Round, this item was left unchanged. One of the primary sources of Dextrine is Holland, where special qualities of Potato Dextrine are manufactured and exported to the United States. These types of Potato Dextrines are not produced in the United States, and United States manufacturers of Starch and Dextrine are not even interested in manufacturing them. The amount of Dextrine coming into the United States is still increasing, in spite of the prohibitive duty, and it is being brought in by United States manu- facturers as well as converters like ourselves. The product is definitely needed here because of its special qualities, and again, the only result of the highly prohibitive tariff rate is that the ultimate consumer pays more for his product. Clearly the above examples show in effect, that once the United States Govern- ment establishes a duty, it is practically impossible to get the rate changed, and the Government seems to ignore the specifics of a given tariff item, plus the needs and problems of the importer and the ultimate user. There is no doubt that some systm of regular review should be established, and that interested parties should be allowed to present their views. Then the Tariff Commission, in the best interests of the United States, should be able to make the decision to modify or eliminate the duties where applicable. The Congress is generally concerned with Legislative matters of far greater importance, and should transfer the responsi- bility for tariffs to an Administrative Agency. Naturally, we must confine our comments only to products which we are~ intimately familiar with, and we hope you will see the parallel in other indus- tries when you consider all of the information which you receive. If there is any further specific information which you wish us to submit, we will be happy to provide it on your request. Very truly yours, JOHN E. MURRAY. Jr., Vice President. PAGENO="0656" 5096 CHURCH OF ST. TERESA, THE LiTTLE FLowEa, Munhail, Pa., June 3, 1968. WAYS AND MEANS COMMITTEE, House of Representatives, House Office Building, Washington, D.C. DEAR CONGRESSMEN: Regarding the discussion which you are or will be con- ducting regarding tariffs and import quotas, I would like to express my rather strong opinion against any imports or tariffs. This is no time for an isolationist policy or for self-seeking. This is no time for this, and I really thought that we had gotten beyond this stage where we iust think of ourselves. I would hope that you will act in accordance with these wishes. Sincerely yours, Fa. JOHN OESTERLE. SAN FRANcISCO, CALIF., May 22, 1968. WAYS AND MEANS COMMITTEE, House of Representati'ves, House Office Building, Washington, D.C. GENTLEMEN: According to press information, I understand that you will begin committee hearings on Tuesday, June 4th, relative to the Balance of Trade between the United States and foreign nations. As a citizen of the United States, I should like to go on record as favoring free trade and as low a schedule of tariffs on importations as possible. My understand- ing is that numerous groups and vested interests in the United States are actively furthering a movement to increase tariffs and thus discourage the import of products which they consider are in unfair competition. Such moves, in my esti- mation, could easily lead to a repetition of the injurious tariff conditions brought about in the United States by the passage of the Smoot-Hawley tariff act of 1930. We have been gradually approaching a state of freer trade throughout the world and I believe entirely to the benefit of world economic and political con- clitions. Let us not change this trend. Sincerely, GERRIT P. VANDER ENDE. STATEMENT OF OLIVER WILLIAMS, NEW YORK, N.Y., TRADE FOR A FREE WORLD SUMMARY OF RECOMMENDATIONS 1. Stop our Reverse Tariff Import Subsidy. Cease pegging the price of gold and foreign currency. This would make the Balance of Payments even. 2. Refresh our national thinking about trade by changing the official designa- tions "Favorable" and "Unfavorable" Balance of Trade to "Export" and "Im- port" Balance of Trade. 3. Proceed on a unilateral program of free trade. The best move for anti-com- niunism would be a doubling of American farm production in trade with our hungry potential customers around the world. COMMENT 1. Balance our international payments An influential opinion on trade is the statement of July 9, 1968 by the Senate Finance Conimittee that "the-growth in steel imports is-a threat to-our bal- ance of payments." Our international payments would balance promptly if we ceased controlling the .price of gold and the rates of foreign exchange. Milton Friedman has pub- lished a revealing analysis of this. We have not attempted to control prices within the country, by edict, and the average price level has more than doubled since 1934. In that year we arbitrarily set the gold value one dollar at one thirty- fifth of an ounce of gold. In 1944 foreign money rates were pegged on the same base. If we had let gold alone, a dollar would now buy much less gold, just as it buys less of other things. It would buy less foreign money and foreign goods. PAGENO="0657" 5097 The recent great outflow of our gold-not a loss but a sale-indicates that we are forcibly overvaluing the dollar abroad, in effect subsidizing imports of steel and other products in a "Reverse Tariff" process. This underpricing of imports is increasing the demands for quotas against goods from overseas. To give in to these voices would bring retaliation. This would hurt some of our most profitable industries, those which have the advan- tage of capital rather than handwork-machine aided production at a low cost- per-unit and with high wages-per-hour. Tractor harvested wheat is an example of such output. Karl Hobson of Washington State University spoke on the situation on Decem- ber 12, 1907, before the annual meeting of the American Farm Bureau Federa- tion. He said that foreign customers take more than half of our wheat, that we are in danger of losing most of this market and that this could spell financial ruin for most of our wheat farmers. It would be unwise in the extreme for the United States to further obstruct trade, to enact a travel tax which might ruin the hotel business of our European hosts, to deflate segments of our own economy by high interest burdens-to risk causing world-wide unemployment-just to postpone a crisis of truth about the value of the dollar. The dollar represents the strength of American productivity. It is worth a great deal. We do not need to pretend that it can buy as much gold as it could thirty-four years ago. 2. A new viewpoint for trade Foreign money is valueless to us if we do not use it. The benefit of exports is in the goods and services received in exchange for them. As Howard S. Piquet, Chief International Economist of the Library of Congress, pointed out on June 5, 1908 at a conference sponsored by the Committee for a National Trade Policy, every mature investing country will receive more merchandise than it sends away if it is to get returns from its overseas holdings. We mistake the benefit of trade if we reach for the yardsticks of foreign money while barring the yardage of tangible goods from abroad. Let us adopt a fresh attitude-that of the Yankee traders. It would help us succeed if we changed the official designations "Unfavorable" and `Favorable'~ Balance of Trade to simply "Export" and "Import" Balance of Trade. 3. Free trade for a free world Many thousands of Americans and countless Vietnamese have died in a war which is ostensibly being fought for freedom. Yet we will not accept things which the Vietnamese can make in free exchange for the American products which they need. We acquiesce in the economic defeat of curbing our wheat production. We are apathetic about our failure in world leadership to give undeveloped countries a chance to feed their starving peoples and work their way out of communism or dictatorship. Let us increase the parity price of a bushel of United States wheat by lowering the tariff-increased cost of the things from overseas which our farmers could buy. Instead of taxing ourselves to limit crops let us aim to double the number of bushels which we harvest. Our industries could supply the road-making machinery and the water-works for a self sustaining world with free trade to phase out aid. We must break the deadlock of fear of an unlimited wealth of imports by removing our trade barriers unilaterally, confident that others will follow our demonstration of the success of free enterprise. First, however, we must end our pegging of the rates of exchange of dollars and foreign money. Otherwise we would not be allowing a shortage of foreign money exchange to dampen two-way trade with countries keeping up barriers against our goods. We would be paying a subsidy to force trade over these barriers. As Henry C. Simons wrote, tariff legislation is politically the first step in the degeneration of popular government into the warfare of each group against all. Against the tariff, all other forms of "patronage" seem minor. American protec- tionism is the utterly unrealistic prescription for the future. If we try to main- tain it, it will drive other nations into wholly different schemes of commercial policy which in turn will produce radical changes here. The collectivist trading of national monopolies is essentially a power contest, imperialist in the worst sense, and conducive to lower real income and militarism everywhere. If we, as the leading power, let the world go that way, we must organize for global economic war. PAGENO="0658" 5098 MEMORANDUM FROM WALTER HARNISCHFEGER, MILWAUKEE, Wis. With reference to the hearings of the U.S. Senate Committee on Ways and Means on the matter of tariffs and quotas, I am pleased to submit my reactions based on over fifty years of experiencein themanufacturing industry. * It is my considered opinion that our entire Tariff Act should be revised and we should withdraw our membership in GATT as I believe that our membership in it is unconstitutional. Furthermore, our tariff administration should be taken out of the hands of the Executive who does not have the necessary time to do an effective job and should be taken out of the State and Commerce Departments. It should be supervised by a nonpartisan tariff commission who would have full power to act promptly on all fundamentals. Furthermore, all tariffs should be set industry by industry after hearings by experts who know costs and trading conditions. Any industry that wants and can live under free trade should have it. By the same token, particularly those industries which have a high labor content should have reasonable protection. One of the most serious matters in connection with GATT is that it is being administered by people who have had very little practical experience in the manufacturing industry, and secondly, they average commodities and manufac- tured goods which results in a dislocation of one industry after another. Further- more, most of the countries that are involved in GATT are setting up restric- tions in many areas against American exports. I believe in international trade. By the same token, there must be some re- strictions, recognizing our high labor costs. It is impossible to put everything in one pot-a selective analysis by experts in industry is the only practical solution. With our present imbalance of trade and flight of gold, this is one of the most important matters which should have our immediate attention. BUFFALO, N.Y., May 15, 1968. JOHN M. MARTIN, Jr., Chief Counsel, Committee on Ways and Means, Longworth Honse OjJZce Bvilding, Washington, D.C. SIR: Repeated here is merely the summary of the submission appearing in the Senate Finance Committee Compendium on U.S. trade policies (February 7, 1968). Below are further remarks relating to the Brussels Definition of Value. SUMMARY Valuation of imported goods subject to ad vahorem rates; the Brussels defini- tion of "value." Commodity classification systems and the collection of statistical data on im- ports and exports. One system for both imports and exports. Administering the U.S. system of duty assessment. Consolidation of valuation and classification proceedings. Statute of limitations. Rules of evidence: Burden of proof. A uniform rule for valuation and classification. A look at some provisions of H.R. 18533 (The Customs Administrative Act of 1966), 89th Congress, second session. A look at some provisions of the Tariff Act of 1930, as amended, which are not treated by H.R. 18533. Sources: "Customs Valuation," Doe. 7500 (1960), Customs Co-operation Council, 40 Rue Washington, Brussels 5, Belgium. Volume 31, Federal Register, page 2878, February 17, 1966. Volume 101, Treasury Decisions, No. 7, page 81, March 2, 1966 (unbound pamphlet). Volume 171, United Nations Treaty Series, page 322. A criticism of the Brussels Definition is that "place" is "the port or place of introduction into the country of importation." Valuation being on the basis of C.I.P. place of entry, freight and insurance would unduly increase customs values. F.O.B. port of shipment is advocated. The criticism is a cogent one, in view of the existence of the Atlantic and Pacific Oceans on either side of the United States. PAGENO="0659" 509*9 Hence, Article 1(2) (a) of the Brussels Definition, in the United States, would read, "(a) that the goods are treated as having been delivered to the buyer at the port or place of exportation to the United States." With this modification, adoption of the Brussels Definition of Value is hereby recommended for the reasons set forth in the Senate Compendium. Yours respectfully, BEDRO5 ODIAN. Mr. HERLONG. This completes the testimony to be received in this hearing. During the course of the hearing the committee has received extensive testimony from more than 300 witnesses covering some 35 major industry groups. The first two volumes will contain testimony of the administration witnesses presented during the first week of the hearing. Subsequent volumes will contain the record for the balance of the hearing. The record of the hearing will remain open until the close of business Friday, July 12, 1968 and any statements to be submitted for the record or any material requested for submission should be submitted not later than the close of business on that date. Thank you. The committee is adjourned. (Whereupon, at 1 :13 p.m., the committee was adjourned.) (~) PAGENO="0660"