SIAM Society of Indian Automobile Manufacturers

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1 Non Tariff Barriers in Automotive Industry by Sugato Sen Senior Director SIAM Society of Indian Automobile Manufacturers February 26, 2009 Chennai

2 Society of Indian Automobile Manufacturers Non-profit organization representing 44 vehicle & vehicular engine manufacturers Advocacy: Economic Policy, Technical Policy & Public Policy Networking Stakeholders National / International Seminars / Conferences Technical, Trade & Economic, Road Safety Statistical services Production, Sales and Exports Auto Expo Promotes sustainable development of Indian automobile industry 2 SIAM

3 Manufacturers in India SIAM Members 3 SIAM

4 Auto Industry Today Turnover ( ) ~ $ billion Exports ( ) ~ $ 2.47 billion Employment (direct & indirect) ~ 10.5 million GDP Contribution ~ 5% Sales growth (5 yr-cagr) ~ 10% Exports growth (5 yr-cagr) ~ 32% New investments ~ $ 19 billion Indian Automobile Industry 4 SIAM

5 Automotive Investments New Hub : Uttaranchal NORTH USD WEST EAST Segments Passenger Vehicles Billion 11.3 Commercial Vehicles 6.8 Two & Three Wheelers 1.4 SOUTH Total 19.6 Indian Automobile Industry 5 SIAM

6 Exports Growth year CAGR - 32% High potential - Industry is creating opportunities Currently around 10% of production is exported Indian Automobile Industry 6 SIAM

7 Removal of NTBs are Important Non-Tariff Barriers (NTBs) are extensively used to restrict trade and investment opportunities in the automotive industry today. They include an extensive range of measures to protect domestic auto industries and restrict market access. NTBs are major impediments to enhancing the participation of developing countries in the growing global economy. NTBs can be more important than tariffs in their adverse impact on auto companies trade and investment opportunities. 7 SIAM

8 GAID - A Working Group On Automotive Non-Tariff Barriers Composed of seven major national auto & auto parts manufacturing associations that jointly represent three-fourth of global motor vehicle production. Brazil: Associaçao Nacional dos Fabricantes de Veiculos Automotores (ANFAVEA) Canada: Canadian Vehicle Manufacturers Association (CVMA) European Union: Association of European Motor Vehicle Manufacturers (ACEA) India: Society of Indian Automobile Manufacturers (SIAM) Japan: Japan Automobile Manufacturers Association (JAMA) Korea: Korean Automobile Manufacturers Association (KAMA) United States: Automotive Trade Policy Council (ATPC) 8 SIAM

9 GAID - Objective Meaningful NAMA negotiation needs resolution of NTBs that are replacing tariff barriers and restricting market access. WTO negotiators should be creative and ambitious and comprehensively address automotive NTBs in NAMA. 9 SIAM

10 GAID - Recommendations GAID has recommended for a comprehensive package of remedies be developed to address NTBs. Although a broad range of NTBs has been identified, the group has agreed to focus on the following categories. Customs and Trade Facilitation Performance & Operational Restrictions TRIMS Compliance Import Licensing and Quotas Auto Standards and Technical Regulations Discriminatory Taxes That Act as Trade Barriers and Investment in the Auto Sector Services Intellectual Property Rights Mediation & Expedited Dispute Process 10 SIAM

11 GAID - Recommendations Customs and Trade Facilitation In view of the widespread use of inconsistently applied valuation methods, we recommend that customs valuation of automotive products be based on transaction value in full compliance with the WTO Agreement on Customs Valuation. Allow legal recourse for the importer to dispute values assigned by countries; To streamline and automate customs processes, adopt the use of electronic reporting, periodic entry, and expedited clearance procedures (max. 48 hours) for low-risk automotive importers (e.g., conditional clearance prior to arrival); Any regulatory changes should allow industry input and provide public announcement as early as possible with adequate time for industry implementation. Performance & Operational Restrictions Restrictions and limitations on the percentage of ownership allowed in automotive industry, as well as the type of investments, including joint ventures, are a form of a performance/local content requirement that should be addressed by the WTO. GAID recommends Members seek ways to eliminate restrictions on foreign equity participation in the automotive sector of any Member (by date certain), and to prohibit imposing any new such restrictions. [Note: SIAM reserves on this issue] 11 SIAM

12 GAID - Recommendations TRIMS Compliance WTO Members must confirm that pursuant to the WTO TRIMs Agreement all past or existing automotive TRIMs have been notified and eliminated; Requirement that Members expeditiously and fully respond to the requests of other Members asking for written documents relating to laws, rulings or regulations relating to investment policy, guidance, or agreements in the automotive sector; Illustrations of the type and scope of TRIMs in the auto sector that have been eliminated to date under the TRIMs Agreement to facilitate understanding of the intent of the Agreement; Expedited dispute/mediation process. Import Licensing and Quotas Seek compliance with WTO obligations where discriminatory licensing practices and quotas still exist in the automotive sector; Allow Members to seek and expeditiously receive access to all information regarding such policies and practices, including laws, rulings or regulations of another Member regarding relevant licensing or quota practices. 12 SIAM

13 GAID - Recommendations Auto Standards and Technical Regulations WTO recognize international automotive regulatory standards adopted by UN/ECE Working Party 29 for purposes of assessing compliance with the TBT Agreement; WP 29 experts assistance to work out globally accepted solutions to technical barriers; Expedited dispute/mediation process. Discriminatory Taxes That Act as Trade Barriers and Investment in the Auto Sector Seek a basis in the WTO for review and remedy of national taxes, charges and fees on motor vehicles by Member countries that intentionally or unintentionally violate National Treatment and discriminate against the auto imports or local production of another WTO member. Services As part of the DDA negotiations on services, seek commitment allowing global motor vehicle companies to provide financial services for wholesale, retail and consumer financing without any discriminatory equity or operating restrictions; Automotive manufacturers seek to establish, control and manage their distribution networks and GAID recommends establishment of rules to prevent discrimination between auto companies in their distribution system. 13 SIAM

14 GAID - Recommendations Intellectual Property Rights In light of the rampant spread of IPR violations in the global automotive sector, GAID recommends a commitment by all Member governments to accelerate full implementation, including enforcement obligations, of the TRIPS Agreement; The GAID is prepared to consult with Member governments to consider action under the TRIPS Agreement. Mediation & Expedited Dispute Process The GAID asks the WTO to explore and develop a system that will permit Members to bring issues related to NTBs within the auto industry to a binding mediation/arbitration process that will: 1) Avoid confrontational lengthy Dispute Resolution Process; 2) Reduce cost and time associated with existing DSU process; 3) Generate better decisions that are more reflective of the reality of the global automotive sector by drawing on automotive experts. The GAID asks the WTO to explore a self-policing mechanism (eg, compliance review within WTO Committees). 14 SIAM

15 GAID Support to WTO GAID has been willing to offer its services to a WTO Automotive Industry Advisory Board, composed of representatives of the auto and auto parts manufacturing industry To provide technical expertise, and To support the activities of the various WTO Working Groups and Standing Committees of jurisdiction. 15 SIAM

16 Current Developments Governments of some of the GAID member countries have come out with text-based proposals in WTO which necessarily do not fall in line with the understanding reached in GAID. US Paper Sought resolution of automotive NTBs but introduced concept of Remanufactured Goods EU Paper Sought resolution of automotive standards and technical barriers to trade but talked of signing 1958 Agreement of UNECE WP29 India and others Dispute Settlement paper opposed by a Government of GAID member 16 SIAM

17 TBT Notification NOTIFICATION The following notification is being circulated in accordance with Article Member to Agreement notifying: BRAZIL If applicable, name of local government involved (Article 3.2 and 7.2): Agency responsible: National Institute of Metrology, Standardization and Industrial Quality Inmetro Tel: +(55) Fax: +(55) Website: Name and address (including telephone and fax numbers, and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: Notified under Article [ ], [ ], [ X ], [ ], other: Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Tyres (HS 4011). Title, number of pages and language(s) of the notified document: Draft Ministerial Act for tyres (25 pages, in Portuguese). Description of content: Draft Ministerial Act on conformity assessment procedure for tyres. Objective and rationale, including the nature of urgent problems where applicable: Consumer safety. Relevant documents: (1) Brazilian Official Journal (Diário Oficial da União), section 1, 17 October 2008; (2) Ministerial Act number 361, 16 October 2008 (Portaria No 361, de 16 de Outubro de 2008), issued by Inmetro, (3) Brazilian Official Journal (Diário Oficial da União) (4) Not stated. Proposed date of adoption: Proposed date of entry into force: Not stated Final date for comments: 60 days after the publication of this notice. } Text available from: National enquiry point [ X], or address, telephone and fax numbers, and web-site addresses, if available of the other body: 17 SIAM

18 TBT Notification 18 SIAM

19 TBT Notification 19 SIAM

20 TBT Notification Member to Agreement notifying: CHINA If applicable, name of local government involved (Articles 3.2 and 7.2): Agency responsible: Standardization Administration of China (SAC) Name and address (including telephone and fax numbers, and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: Notified under Article [ X ], [ ], [ ], [ ], other: Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Automotive V-ribbed belts (ICS: ; HS: ) Title, number of pages and language(s) of the notified document: National Standard of the P.R.C., Automotive V-Ribbed Belts (17 pages, in Chinese) Description of content: This standard specifies the product classifications, technical requirements, test methods, inspection rules and relevant requirements of marking, package, store and transport of ribbed belt for automobiles. Objective and rationale, including the nature of urgent problems where applicable: To protect personal safety Relevant documents: - Proposed date of adoption: Proposed date of entry into force: Final date for comments: 60 days after circulation by the WTO Secretariat 90 days after circulation by the WTO Secretariat 6 months after adoption Texts available from: National enquiry point [ X ] or address, telephone and fax numbers, and web-site addresses, if available of the other body: WTO/TBT National Notification and Enquiry Center of the People s Republic of China Tel: Fax: And at: 20 SIAM

21 TBT Notification 21 SIAM

22 TBT Notification Member to Agreement notifying: JAPAN If applicable, name of local government involved (Article 3.2 and 7.2): Agency responsible: Ministry of Land, Infrastructure, Transport and Tourism Name and address (including telephone and fax numbers, and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above: Notified under Article [ X ], [ ], [X], [ ], other: Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Motor vehicles (HS: , 87.11, and 87.14) Title, number of pages and language(s) of the notified document: Partial Amendment to the Announcement that Prescribes Details of Safety Regulations for Road Vehicles (1 page, in English). Description of content: Amendments to the relevant regulations concerning safety-belt anchorages, safety-belts, motorcycle braking, etc. in order to harmonize them with Nos. 14, 16, 78 and 123 of regulations based on "UN/ECE 1958 Agreement", and amendments to relevant regulations on digital tachograph. Objective and rationale, including the nature of urgent problems where applicable: The objective of amending the regulations is to improve safety of vehicles and to harmonize with relevant international standards. Relevant documents: Road Vehicles Act (1951 Law No.185), Safety Regulations for Road Vehicles (1951 Ministry of Transport Ordinance No. 67), etc. The amendments will appear in "KAMPO" (Official Government Gazette) when promulgated. Proposed date of adoption: Proposed date of entry into force: Final date for comments: 23 January 2009 } February 2009 Text available from: National enquiry point [ X], or address, telephone and fax numbers, and web-site addresses, if available of the other body: 22 SIAM

23 TBT Notification Need centralized processing of notifications, including collection and translation of details 23 SIAM

24 Way Forward Need to take own Governments in confidence and bring them on board Need to identify NTBs being faced by our companies abroad Need to put in place WTO compatible measures as is being done by the others Work closely with Government 24 SIAM

25 Thank you! Society of Indian Automobile Manufacturers (SIAM) Core 4B, 5th Floor India Habitat Centre, Lodi Road, New Delhi, India Phone: , Fax: Website:

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