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Business, Agriculture Associations Voice Opposition to U.S. TPP Proposal on General Exceptions Language

A U.S. Trans-Pacific Partnership proposal for language specifically targeting tobacco as a justification for trade restrictions that protect human health faces opposition from 16 business and agriculture associations, according to a press release from the Emergency Committee for American Trade (ECAT). The U.S. is advocating the "product-specific reference" for tobacco and tobacco products in TPP language on application of the General Exceptions article of the General Agreement on Tariffs and Trade (Article XX(b) of GATT).

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According to the letter, the associations believe that the text proposal “will undercut longstanding U.S. insistence that regulatory measures be based on evidence, including sound science,” and would encourage other countries to add even more product-specific references. The associations reasoned that new language was unnecessary because existing exception language in trade agreements “already provides an exception for measures that are necessary to protect human, animal or plant life or health.” Further qualifications or clarifications for tobacco and/or tobacco products under the TPP could have adverse implications, their letter said.

Calman Cohen, President of ECAT, said that an additional line specifically naming tobacco as being covered by General Exceptions would “undermine the basic provision” of the article, which covers all products. “For half a century, we’ve had a provision that we’ve used in all our trade agreements that covers all sectors,” Cohen said. “But once you start singling out one product, proposals will be made to reference other individual products, and there’s nothing stopping other governments from specifying products they want to reference as well.”

The letter was signed by the Grocery Manufacturers Association, the National Association of Manufactures, the National Foreign Trade Council, the U.S. Chamber of Commerce, and the United States Council for International Business, among others.

Email ITTNews@warren-news.com for a copy of the press release or the letter.