ictsd - implications of the proposed mod ali ties for the special safeguard mechanism (ssm)

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  • 8/9/2019 ICTSD - Implications of the Proposed Mod Ali Ties for the Special Safeguard Mechanism (SSM)

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    ICTSD Programme onAgricultural Trade andSustainable Development

    promoting food security, equity and environmentalsustainability in agricultural trade

    1

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    IMPLICATIONS OF THEPROPOSED MODALITIES FOR THE

    SPECIAL SAFEGUARD MECHANISM (SSM)

    (Based on TN/AG/W/4/Rev.4 andTN/AG/W/7 Issued in December 2008)

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    Background

    Rev 4 issued on 8 December 2008 as mostrecent negotiating text on agricultural traderules, including SSM

    SSM text copied en toto from Rev 3

    Paragraph 142 of Rev 4 provided that SSMremedies plus current bound tariffs could notexceed Doha starting bound rates

    Bracketed Paragraphs 144-145 allowed forover the bound rate application of volume

    SSM under certain conditions W7 issued on 6 December 2008 as possible

    replacement for Paragraphs 144-145 of Rev 4

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    Objectives of the Study

    Assess the impact of proposedmodalities and parametersettings indicated in Rev 4 andW7 on the SSM

    Determine areas or modes ofcompromise that could lead to amutually acceptable agreementon SSM provisions

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    SSM Simulation Model

    Will the SSM be accessible? Accessibility measured as frequency (in %

    of total months) by which SSM can be invoked

    Will the SSM be effective?

    Problematic month - month during whichimport price (CIF+MFN tariffs) falls belowdomestic wholesale price by more than 10%

    Effectiveness measured as frequency (in %

    of problematic months) by which SSM isinvokable and is able to bring import prices(CIF+MFN tariff+SSM duty) to within 10% ofdomestic wholesale prices

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    0

    1,000

    2,000

    3,000

    4,000

    5,000

    6,000

    7,000

    2000 A J O

    2001 A J O

    2002 A J O

    2003 A J O

    2004 A J O

    YEAR/MONTH

    METRIC

    TON

    0

    10

    20

    30

    40

    50

    60

    70

    80

    90

    2000 J

    2001 J

    2002 J

    2003 J

    2004 J

    YEAR/MONTH

    PricePerKil

    Rates

    Frequency Plot of Price SSM Access Rates

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    Frequency Plot of SSM Effectiveness Rates

    0

    20

    40

    60

    80

    100

    120

    2000 J

    2001 J

    2002 J

    2003 J

    2004 J

    YEAR/MONTH

    PricePerK

    ilo

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    Scope and Limitations ofStudy

    27 agricultural products fromPhilippines, Indonesia, Ecuador,China (RAM), Fiji (SVE), and

    Senegal (LDC) Data mostly for 2000 to 2005 (2002

    to 2007 for Philippines)

    Monthly import data used asproxies for individual shipments

    Results should be treated as

    indicative, not conclusive

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    VOLUME SSM

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    VOLUME SSM

    Product Scope All products

    But only 2 to 6 products in any given period(Rev 4) or 2.5% of tariff lines in any 12-monthperiod (W7) for above the bound applications

    The Volume Trigger Trigger is average annual import volume in

    preceding 3 years

    If SSM was imposed in preceding 3 years,previous year trigger will be carried over if

    current year trigger is lower W7 introduced new pro-rating modality for

    computing triggers to preserve normal tradeaccess notwithstanding SSM application

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    VOLUME SSM:

    Remedies and Remedy Caps

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    VOLUME SSM

    Cross-Check Domestic price must at the same

    time be declining (W7)

    Imposition Period [4/8] months imposition

    Equivalent period as holiday period

    [2/4] months spillover to next year

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    BASELINE SETTINGS-Rev 4

    Carryover of previous year trigger

    Para 133 remedy matrix applied

    No caps on allowable SSM duties

    12 month imposition period, no holidayand spillover constraints

    Products classified as SPs with 111%tariff reduction

    No cross-checks

    All imports taken into account

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    Bas eline R ev 4 Rev 4 Ca ps W7 Caps

    COU N- Acces s E ffec tiveness Rate Ac ce ss Effe ct ivenes sAccess E ffec tivene sT RY Ra te Prob l A va il Effe ct R ate Av ai l E ffec t Ra te Ava il Effe ct

    C hina 1 4% 47 % 21 % 21 % 10% 1 0% 0% 6 % 11 % 11 %

    E cuador 3 7% 21 % 33 % 21 % 37% 3 3% 2% 1 9% 19 % 8 %

    Fiji 3 3% 68 % 28 % 14 % 33% 2 8% 2% 1 6% 12 % 3 %

    Indone sia 4 1% 41 % 27 % 15 % 41% 2 7% 2% 1 0% 8 % 7 %

    P hi lipp ine s 3 7% 48 % 43 % 17 % 37% 4 3% 1% 1 8% 24 % 4 %

    S enega l 4 3% 65 % 46 % 35 % 43% 4 6% 3 5% 2 4% 26 % 20 %

    Tota l 3 3% 49 % 34 % 21 % 32% 3 2% 8% 1 6% 17 % 9 %

    Baseline Volume SSM Access

    and Effectiveness Ratesunder Rev 4 and W7

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    BASELINE SETTINGS-W7

    Carryover of previous year trigger

    Para 133 remedy matrix applied

    W7 caps on allowable SSM duties

    4month imposition period, no holidayand spillover constraints

    Products classified as SPs with 111%tariff reduction

    No cross-checks

    All imports taken into account

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    Sample Pro-Rating Simulation(Annual Pro-Rating)

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    Sample Pro-Rating Simulation(36-Month Proxy)

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    Volume SSM Access RatesUnder Various Trigger

    Modalities

    15.9% 16.2%

    14.4%15.2%

    0%

    2%

    4%

    6%

    8%

    10%

    12%

    14%

    16%

    18%

    20%

    Baseline No Carryover Pro-rating (annual

    proxy)

    Pro-rating(36-

    month proxy)

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    Volume SSM Access RatesUnder Various Cross-Check

    Modalities

    16% 16% 16%

    1%0%

    5%

    4%

    7%

    4%3%

    6%

    7%

    0%

    2%

    4%

    6%

    8%

    10%

    12%14%

    16%

    18%

    20%

    0% (Threshold) 10% 20%

    Baseline (No Cross-Check)Domestic Price (YTD vs. 3-Yr Average)Import Price (YTD vs. 3-Year Average)Import Price (YTD vs. Same Period Last Year)

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    Volume SSM Access Rates UnderVarious Imposition and Holiday

    Periods

    16%

    19%

    21%

    29%

    11%

    15%

    20%

    16%

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    x=4 x=6 x=8 x=12

    Imposition/Holiday/Spill-Over Period (Months)

    X/0/12 X/X/12

    Volume SSM Access Rates

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    Volume SSM Access RatesUnder

    Various Imposition, Holidayand Spillover Periods

    16%

    19%

    21%

    29%

    15%16%

    16%16%

    12%12%13%

    11%

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    x=4 X=6 X=8 X=12

    Imposition/Holiday/Spill-Over Period (Months)

    X/0/12

    X/0/2

    X/X/2

    V l SSM A d

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    Volume SSM Access andEffectiveness Rates under

    Various Remedy Cap ThresholdSettings17%

    16%

    14%

    12%

    16%15%

    13%12%

    10%9%

    7%

    6%

    9%8%

    7%

    6%

    0%

    2%

    4%6%

    8%

    10%

    12%

    14%

    16%

    18%

    20%

    115/135 Baseline 130/150 140/160 115/135 Baseline 130/150 140/160

    Remedy Cap Thresholds (% Of Trigger)

    Access

    Effectiveness

    Volume SSM Effectiveness

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    Volume SSM EffectivenessRates Under Various

    Percentage Point Remedy CapSettings

    7.5%

    8.9%

    9.9%

    10.7%11.1%

    11.4% 11.5%

    0%

    2%

    4%

    6%

    8%

    10%

    12%

    4/6 8/12 12/18 16/24 20/30 24/36 40/50

    Percentage Point Remedy Cap Per Tier

    Volume SSM Effectiveness

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    Volume SSM EffectivenessRates Under Various Percent

    of Bound Tariff Remedy CapSettings

    5.3%5.7%

    6.6%

    7.7%

    10.0%10.4%

    0%

    2%

    4%

    6%

    8%

    10%

    12%

    25/33 33/50

    (Baseline)

    50/75 75/100 200/200 250/250

    Percent of Bound Tariff Remedy Cap per Tier

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    MAXIMUM REMEDIES FOR

    VARIOUS BOUND TARIFFS

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    SUMMARY OF MAJOR FINDINGS

    Rev 4 remedy caps effectively rendervolume SSM inutile (except for LDCs)

    W7 above the bound caps producebetter, but still low, effectiveness rates

    Pro-rating does not significantly affectaccess rates

    Cross-checks more than halve accessrates; using domestic price

    comparisons particularly deleterious

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    SUMMARY OF MAJOR FINDINGS

    Strong correlation between accessrates and imposition periods

    Holiday period significantly reducesaccess rates

    Spillover limit evens out access rates

    SSM conspicuously affected byremedy cap threshold settings

    Remedy caps in percentage pointsyield better results than caps inpercent of bound tariffs

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    PRICE SSM

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    PRICE SSM

    Cross-Check Volume of imports must be

    manifestly declining in the

    current year Imposition Period

    Shipment-by-shipment

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    WHY PRICE SSM?

    Price SSM an integral part of Dohamandate

    Prices of imports have more direct

    effect on domestic markets Price SSM remedy more precise

    Price SSM application may not be

    unnecessarily prolonged Price SSM affects only cheap

    (subsidized) imports

    B li A d

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    Baseline Access andEffectiveness Rates for Price

    SSMBaseline Rev 4 Rev 4 CapsCOUN- Access Effectiveness Rate Access Effectiveness

    TRY Rate Probl Avail Effect Rate Avail Effect

    China 1% 47% 1% 0% 0% 0% 0%

    Ecuador 20% 21% 47% 19% 20% 47% 1%

    Fiji 24% 68% 35% 6% 24% 35% 1%

    Indonesia 41% 41% 23% 11% 41% 23% 0%

    Philippines 14% 48% 24% 4% 14% 24% 0%

    Senegal 24% 65% 33% 6% 24% 33% 5%

    Total 18% 49% 27% 6% 18% 27% 1%

    P i SSM A R

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    Price SSM Access Ratesunder Various Trigger

    Threshold Settings30.1%

    21.5%

    18.1%

    15.5%

    13.0%

    0%

    5%

    10%

    15%

    20%

    25%

    30%

    35%

    100% 90% 85% (Base) 80% 75%

    Trigger Thresholds (as % of 36-Month Price Average)

    r ce ec veness

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    r ce ec venessRates under Various RemedyLevel and Trigger Threshold

    Settings

    6.4% 6.1% 6.0%5.3%

    11.8%11.1%

    10.0%9.5%

    0%

    2%

    4%

    6%

    8%

    10%

    12%

    14%

    100% 90% 85% 80%

    Remedy Levels (as % of Difference Between CIF Price and Price Trigger)

    85% Trigger Threshold 100% Threshold

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    Price SSM Access RatesUsing Cross-Check Modalities

    18.1%

    12.1%

    10.4%

    9.0%

    0%

    2%

    4%

    6%

    8%

    10%

    12%

    14%

    16%

    18%

    20%

    Base 0% 10% 20%

    Cross-Check Thresholds (YTD Volume X% More Than YTD Volume in Previous Year))

    r ce ec veness

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    r ce ec venessunder Various Percentage

    PointRemedy Cap Settings

    1.5%

    2.9%

    4.7%5.4%

    5.7% 5.8% 5.8% 5.8%

    0%

    1%

    2%

    3%

    4%

    5%

    6%

    7%

    8%

    No Breach 4/6 8/12 12/18 16/24 20/30 24/36 40/50

    Remedy Caps per Tier in Percentage Points

    r ce ec veness

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    r ce ec venessRates Under Various Percentof Bound Rates Remedy Cap

    Settings

    1.5%

    2.6%

    3.2%

    4.0%

    4.5%

    5.5%

    5.6%

    0%

    1%

    2%

    3%

    4%

    5%

    6%

    7%

    8%

    No Breach 25/33 33/50 50/75 75/100 200/200 250/250

    Remedy Caps per Tier as a Percent of Bound Tariffs

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    SUMMARY OF MAJOR FINDINGS

    Rev 4 caps also effectivelyrender price SSM worthless

    Trigger thresholds more crucial

    than remedy settings indetermining SSM effectiveness

    Cross-checks significantlyreduce access to price SSM

    Remedy caps in percentagepoints more useful in enhancingprice SSM effectiveness

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    COMBINED VOLUME

    AND PRICE SSM

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    RECOMMENDATIONS

    Pro-rating may be win-win: nomajor loss in access to SSMwhile exporters retain normal

    trade access and growth SSM shows limited

    effectiveness; hence, imports

    could continue despite SSMapplication

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    RECOMMENDATIONS Hence, unduly restrictive provisions may

    not be necessary Impose simple cross-checks only for re-

    imposition of volume SSM; cross-checks forprice SSM not necessary

    Shorten imposition period for volume SSM butallow for re-imposition based on simpleconditions (i.e., if surge aggravates)

    Apply holiday period only if imposition spillsover to next year

    Adjust Rev 4 remedies instead of imposing anadditional layer of remedy caps under W7

    Adjust price trigger thresholds and remedycaps

    Increase percentage point remedies providedthey do not exceed x% of bound tariffs

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    RECOMMENDATIONS

    Clarify en route shipmentrules for price SSM

    Include all imports (MFN and

    non-MFN) in SSM application Consider special flexibilities for

    SVEs