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Rep. Ellmers letter to USTR Kirk on TPP
Story Date: 5/24/2012
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Source: U.S. Rep. Renee Ellmers (N.C.-2), 5/24/12
The Honorable Ron Kirk
United States Trade Representative
600 17th Street, N.W.
Washington, D.C. 20508
Dear Ambassador Kirk:
Tobacco farmers deserve the same recognition and consideration as any other legal agricultural commodity. In any discussion of trade partnerships going forward, I would ask that you not subject an entire industry to prejudicial treatment when their economic well being depends on the progress of these discussions. I am greatly concerned that there is an ideological intolerance leading to a penchant for centralized control that destroys a vital source of livelihood in my state.
As you proceed with tariff elimination for many products, USTR seems intent on imposing uniquely intolerant treatment for tobacco, with little legal analysis or justification for it. I have concerns that the Administration is rushing to propose the creation of a tobacco safe harbor with the potential to impose regulatory barriers without insisting on safeguards that have been standard for 65 years – e.g., requirements that regulatory measures not be applied in an arbitrary or discriminatory manner and not constitute disguised restrictions on international trade – safeguards that mirror requirements of U.S. administrative law. I am concerned by the door that these actions open for other products that the administration may deem to be unpopular in the future such as sugar, food additives, and carbon emitting products. Furthermore, it provides justification for our trading partner to discriminate against our products with impunity; agricultural products specifically that have been treated with certain chemicals, hormones, or genetically altered.
I was recently told that as a member of Congress I am allowed to request the language on tobacco within the TPP agreement. However, I am not allowed to share any of this language with my staff or any of my very concerned constituents. As a member from the great state of North Carolina who represents many tobacco growers, I am concerned over the lack of transparency coming out of USTR. I understand the need for discretion when it comes to negotiating trade deals; however the members of the US House that will be voting on said trade deals need to be able to see the legal documents that accompany these negotiations in order to be fully aware of the possible outcomes for the citizens they represent. I would ask that USTR relinquish the legal briefs/memos explaining the need to treat tobacco differently during these ongoing negotiations.
The bottom line is that I am a proponent of free and fair trade, but not at the expense of one or two commodities. I ask that you defend and promote U.S. jobs and exports to our TPP countries by treating tobacco leaf and tobacco products the same as any of our other legal industries and commodities.
Sincerely,
Rep. Renee L. Ellmers
Member of Congress
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