NMPF and USDEC Advocate for Enhanced Dairy Trade Opportunities at USTR Hearing

Tony Rice, Trade Policy Director for the National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC), will testify this afternoon before the U.S. Trade Representative (USTR) on how U.S. trade policy can strengthen supply chain resiliency and ensure that U.S. dairy continues to grow as a global leader.

The U.S. dairy industry exported more than $8 billion worth of products in 2023, supporting thousands of jobs and contributing significantly to the national economy. Rice in his testimony will highlight the need for a more proactive U.S. trade policy agenda that aggressively tackles global trade barriers and enhances market access to key partners.

“An inclusive, worker-centered trade policy should reflect the central role that comprehensive trade agreements and American exports play for the agricultural economy and the many farmers and workers throughout the supply chain who rely on it,” Rice says in his prepared statement. “Expanding export sales does not only support America’s farms, but also traditionally underserved workers in rural communities and in companies supplying inputs and services, in downstream food manufacturing plant jobs, and in cities with large port facilities heavily dependent on trade.”

Rice also recommends that USTR incorporate dairy-specific elements in trade negotiations, drawing on the precedent set by annexes for wine in various agreements, or the broad recognition of the U.S. regulatory system for processed foods including dairy in the U.S.-Panama Trade Promotion Agreement.

“Such steps would facilitate smooth, more reliable and robust dairy supply chains with our trading partners,” Rice says in his statement.

Find NMPF and USDEC’s full testimony here.

NMPF Communicates Dairy Priorities to New Ag Trade Representatives, Congratulates Hill Leaders

NMPF and USDEC sent a letter on Jan. 23 to the U.S. Trade Representative’s Chief Agricultural Negotiator Doug McKalip and USDA Under Secretary of Trade and Foreign Agricultural Affairs Alexis Taylor congratulating them on their confirmations and detailing the market access and trade priorities that NMPF is looking to advance in 2023 and beyond.

After many months of delay, Congress finally confirmed McKalip and Taylor at the end of 2022. NMPF and USDEC strongly supported both McKalip and Taylor’s nominations and called on Congress to quickly confirm both nominees throughout the delay. NMPF looks forward to working with Taylor and McKalip to expand market access and push for other dairy priorities.

NMPF and USDEC also sent letters congratulating the new leadership of the House committees responsible for agricultural export promotion efforts and trade policy. The letters to Agriculture Committee Chairman Glenn “GT” Thompson (R-PA) and Ranking Member David Scott (D-GA), and Ways and Means Committee Chairman Jason Smith (R-MO) and Ranking Member Richard Neal (D-MA) relayed NMPF and USDEC’s dairy trade priorities, including increased funding for the Foreign Market Development and Market Access Programs, stronger protections for common names like “parmesan” and “feta,” and a more ambitious approach to tacking barriers to U.S. dairy exports.

NMPF will work closely with both committees to heighten the Congressional focus on agricultural trade issues in the coming year.

U.S. Dairy Praises USTR Move to Hold Canada Responsible for USMCA Violations

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) commended today’s announcement that the U.S. Trade Representative has formally moved to advance a U.S.-Mexico-Canada Agreement (USMCA) dispute settlement proceeding and establish a second panel to determine whether Canada has been in violation of its market access obligations under the agreement.

Canada’s unwillingness to abide by the tariff-rate quota provisions of USMCA has been an issue since the agreement’s implementation began. The United States won its first dispute panel on the matter in Dec. 2021, which found that Canada was reserving most of its preferential dairy TRQs for Canadian processors that have little incentive to import product. Canada’s revised approach to USMCA TRQs, released in May, also provided inequitable advantages to Canadian processors.

“Canada’s TRQ allocation system is not only a violation of USMCA — it directly harms American dairy farmers, processors, and other workers by unfairly restricting access to their market,” said Jim Mulhern, president and CEO of NMPF. “USTR’s action is an important step in righting this wrong and sending a message that the U.S. will fight violations of trade deals in Canada and wherever else they may be committed.”

“The U.S. dairy community greatly appreciates the Biden Administration’s decision to prioritize steps to address Canada’s USMCA violations,” said Krysta Harden, president and CEO of USDEC. “Unfortunately, Canada has shown a pattern of not living up to the dairy commitments it has made in trade agreements. As long as they continue to drag their feet, we’ll continue to work with USTR and USDA to fight back, and propose retaliatory action if necessary.”

If the panel ultimately confirms that Canada has been violating its obligations under USMCA, the U.S. would be granted the right to impose retaliatory duties should Canada fail to fix its unfair TRQ administrative practices.

Dairy Industry Applauds USTR Decision to Pursue USMCA Dispute Settlement Case Enforcing Dairy Market Access Obligations in Canada

The U.S. Dairy Export Council (USDEC) and the National Milk Producers Federation (NMPF) praised today’s announcement that U.S. Trade Representative Katherine Tai has initiated a U.S.-Mexico-Canada Agreement (USMCA) dispute settlement proceeding over Canada’s administration of dairy tariff rate quotas (TRQs).

USDEC and NMPF have been calling for full enforcement of Canada’s trade obligations given Canada’s ongoing refusal to change how it handles dairy market access under USMCA. Initiating an official dispute settlement will, under USMCA rules, establish a panel to determine whether Canada has been violating its trade obligations. If the panel determines a lack of compliance, the U.S. would then be granted the right to impose retaliatory duties if Canada fails to fix its problematic TRQ administrative practices.

“On behalf of America’s dairy farmers, we thank Ambassador Katherine Tai for initiating the USMCA dispute settlement process by requesting the formation of a panel to examine Canada’s failure to provide access to its dairy TRQs in accordance with USMCA,” said Jim Mulhern, NMPF President and CEO. “Canada has failed to take the necessary action to comply with its obligations under USMCA by inappropriately restricting access to its market. This needs to stop and we are thankful that USTR intends to make that happen.”

“Our appreciation goes to the Biden Administration for moving forward with a dispute settlement action against Canada’s administration of dairy TRQs,” said Krysta Harden, USDEC President and CEO. “We have had long-standing and well-founded concerns that Canada undermines its trade agreements when it comes to dairy. Our trading partners need to know that failure to meet their agricultural trade commitments with the United States will result in robust action to defend U.S. rights – today’s action demonstrates just that. The expansion of dairy market access opportunities is critical for our industry. Today’s action is a critical step toward maximizing current export opportunities while sending a strong message in defense against the erection of future barriers in Canada and other markets as well.”

USDEC and NMPF have carefully monitored Canada’s actions regarding its USMCA dairy commitments and have urged the administration and Congress to make this a priority as soon as USMCA entered into force. The organizations highlighted for USTR and the U.S. Department of Agriculture the inconsistencies between Canada’s dairy TRQ allocations and Canada’s USMCA obligations. In a detailed filing submitted to the administration, NMPF and USDEC provided the agencies with a specific review of the Canadian TRQ system and an explanation of the negative impacts resulting from them.

The concerns raised by USDEC and NMPF have been echoed by a broad bipartisan coalition of members of Congress. Most recently, several leading members of the House Ways and Means and Agriculture Committees joined together on a bipartisan message to USTR urging further enforcement action and multiple members of Congress shared a similar message during Amb. Tai’s trade oversight hearings in May. Prior to that, Senators broached the topic with USTR during Ambassador Tai’s confirmation hearing process. Last August, 104 Representatives sent a letter to USTR and USDA asking for Canada to be held accountable to its trade promises while a letter in the Senate was signed by 25 Senators. USDEC and NMPF commend the continued engagement of so many members of Congress on this important issue.

NMPF Offers Dairy Industry Support to Ambassador Tai on Expanding Agricultural Markets

In a meeting today with U.S. Trade Representative Katherine Tai, Jim Mulhern, President and CEO of the National Milk Producers Federation, and NMPF’s Chairman Randy Mooney offered to closely collaborate with Ambassador Tai and the entire Biden Administration on trade in order to strengthen the health of the U.S. dairy industry to allow for further expansion of the hundreds of thousands of dairy-reliant jobs across the country.

“From farmers to farm workers, dairy manufacturers, milk haulers, and port workers – all these are just some of the Americans that are increasingly reliant on dairy exports for their prosperity,” Mulhern said. “Expanding access for Made-In-America dairy products and eliminating the non-tariff trade barriers that impede them is fundamental to supporting the U.S. dairy industry and the millions more who depend on a robust dairy supply chain.”

In the meeting with Ambassador Tai, Mulhern emphasized the need for new market opportunities, noting in particular the importance of enforcement of existing trade agreements such as ensuring Canada meets its trade obligations; countering European Union attempts to misuse common food names through inappropriate geographical indication rules; engaging with Mexico to ensure a normal flow of trade; and concluding new market expanding trade agreements.

“We’re grateful to Ambassador Tai for taking the time to meet with us and discuss a few of the trade-related issues on the minds of America’s dairy farmers,” said Mulhern. “Our industry is an agricultural leader in improving sustainability, promoting high animal care standards, and providing high quality products. Together with the U.S. Dairy Export Council we’re eager to work closely with the Ambassador and her team to meet growing global dairy demand with sustainably produced American dairy products.”