WTO Sets Up Panels To Resolve Foreign Sales Corporation Spat
Jason Gorringe, Tax-news.com, London
30 November 2000
Following a meeting
of its dispute settlement forum this week, the WTO (World Trade
Organisation) has set up an arbitration panel to consider the
EU's claim for permission to impose $4bn worth of trade sanctions
on the US in the long-running FSC (Foreign Sales Corporation)
imbroglio. However the panel will be suspended pending a decision
from the WTO compliance panel which will consider whether the
new version of the disputed legislation which was rushed through
Congress last week is legal under WTO trading rules or not.
This latter compliance
panel has yet to be set up, and its pronouncement when it comes
is fairly certain to be appealed, either by the EU or the US depending
on who wins. Therefore the arbitration panel, which won't sit
until the compliance ruling is settled one way or the other, is
unlikely to meet before the summer of 2001. The EU made its claim
for damages as a precautionary move on the last permitted day,
and has not done more than indicate the broad tariff headings
under which it would impose sanctions.
If the US side hoped
that its new legislation would placate the Europeans, it was disappointed
last week when Pascal Lamy, EU Trade Commissioner, said that the
new version of the disputed law was even worse than the previous
attempt.
This correspondent,
as weary of writing about the endless FSC saga as you probably
are weary of reading about it, can't understand why these two
superpowers are squabbling like two fractious children. All countries
subsidise exports in one way or another. In the EU, exports are
exempt from VAT, which is worth between 12% and 28% depending
on the country, while the FSC tax rebate is worth about 5% (15%
of income tax of 30%). OK, VAT is not exactly 'saved' in the same
way, but it's still an economic advantage to the exporter in competitive
terms, whereas a US exporter will have stumped up import duties
or sales taxes at various stages of the production process which
the EU exporter probably hasn't faced. Please can some economically
literate reader explain to this ignorant hack what is going on?
If we receive a good answer, we'll publish it!
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