Coming Attractions In Congress

IMG_0007Playing with numbers seems irresistible to most governments, but today I’m not talking about the sort of shenanigans that, say, Beijing plays with growth and trade figures. No, it is the peculiar way the United States has of designating which Congress did what. We can’t just say that Congress passed some bill in 2011. That may be accurate, but the official designation is that the bill was passed in the 112th Congress – which means nothing to most Americans, even less to those of you beyond our shores. You see, Congresses are numbered according to the 2-year terms of the House of Representatives. So if something happened during the 112th Congress, that could be in 2011 or it might be in 2012. That’s a long-winded introduction to a discussion of the trade issues likely to be taken up, for better or worse, by the 113th Congress that began earlier this year. That is, issues that could come up either in 2013 or 2014. Confused yet?

The Congressional Research Service (CRS), part of the Library of Congress, functions as an in-house consulting firm for Congress, responding to requests for information from any senator or member of the House. CRS reports may be indicative of the interests and bills likely to come up in the near future. The CRS website (www.crs.gov) was down when I worked on this post, but the Department of State provides a convenient list and copies of the CRS reports that impact international affairs, most of which concern international trade or investment. It is somewhat comforting that our Congressional leadership is asking about so many international issues.

CRS published a report a couple weeks back titled “International Trade and Finance: Key Policy Issues for the 113th Congress“, a forecast of what is coming in the next two years. It provides background material for Congressional staffers to use to educate their bosses and to draft bills, but also tells us which trade and investment issues are top-of-mind.

The 112th Congress (2011-2012), frankly, didn’t do much on trade. Sure, they passed the free trade agreements with South Korea, Colombia and Panama (leftover business from the Bush Administration) and finally authorized permanent normal trade relations (PNTR) with Russia, but most of their activity was simply maintenance issues for trade agencies and legislation. The CRS list for the new Congress is more ambitious. I am having a lazy morning with coffee on my lanai in the sun, so I will take the easy way out and quote the CRS’s own summary of the issues likely to grab Congress’ attention in the next couple years. Take a look at the full report for more details.

Among the more potentially prominent issues are:

1. Negotiations for comprehensive reciprocal trade agreements with major trading partners, including the Trans-Pacific Partnership (TPP) with 11 countries from the Western Hemisphere and Asia, and new negotiations with the European Union for the Transatlantic Trade and Investment Partnership (TTIP) Agreement;

2. Possible renewal of Trade Promotion Authority (TPA), allowing the President to enter into reciprocal trade agreements, and providing trade negotiating objectives and expedited legislative procedures to consider trade agreement implementing bills; …

3. U.S.-China trade relations including investment, intellectual property rights protection, currency reform, and market access liberalization;

4. International finance issues including implications of the ongoing Eurozone debt crisis for the U.S. economy, oversight of international financial institutions, and negotiations to conclude new bilateral investment treaties (BITs);

5. Oversight of the stalemated World Trade Organization (WTO) Doha Round negotiations and separate new trade negotiations (e.g. services) that some members of the WTO have undertaken;

6. Review of the President’s export control reform initiative and possible renewal of the Export Control Act (EAA), and review of trade sanctions;

7. Oversight of the President’s request for new authority to reorganize and consolidate the business- and trade-related functions of six federal entities; the Export-Import Bank, and the Administration’s National Export Initiative;

8. Reauthorization of U.S. Customs and Border Protection (CBP) and expiring trade preference programs (e.g., the GSP and the Andean Trade Preference Act).

Renewal of GSP and the Andean program needs to be done before July 31, 2013. Anybody’s guess as to when or in what form the others will come up.

Can You Hear Me Now?

Many Americans don’t travel outside their country and, thus, have the ignorance to assume that everything in the United States is the best in the world. We see that in our Congress almost daily in things such as the refusal to consider health practices in places that have better outcomes then we do. One area we like to assume we own is telecommunications equipment and services. A symptom of that attitude is the requirement, annually since 1988, for the Office of the U.S. Trade Representative (USTR) to prepare the so-called Section 1377 Review about barriers in other countries to our telecom services and gear. USTR is not required to consider U.S. restrictions. If you have lived or worked overseas, you know that the United States is neither the best nor the worst when it comes to telecoms.

The 1377 Review is still a useful look at places that manage the industry worse than we do. But it is too bad that the Congress doesn’t require that the review look at best practices around the world, but only at the negative stuff. You can read the latest full review here, but I’ll give you some teasers.

Recent years have witnessed a growing trend among our trading partners to impose localization barriers to trade designed to protect, favor, or stimulate domestic industries, service providers, or intellectual property (IP) at the expense of imported goods, services, or foreign-owned or developed IP – and this trend is evident in the telecommunications sector. This year’s 1377 Review highlights the concern that U.S. equipment manufacturers may be disadvantaged by the growing use of local content requirements in countries such as Brazil, India, and Indonesia. It also outlines a range of other telecom barriers that USTR has spotted and intends to tackle with increased monitoring and enforcement in the coming year.
~ Acting U.S. Trade Representative Demetrios Marantis, 4/3/2013

Among the measures that USTR is concerned about, in no particular order:

* Local content requirements in Brazil as a condition for winning new mobile telecom licenses.

* International termination rates for long-distance calls. This means that foreign telecom operators charge an inflated rate to the U.S. supplier for calls to their country. Of course, those added charges get passed on to American consumers. The review lays into Pakistan for this, but also names El Salvador, Ghana and Jamaica.

* Worldwide concerns about restrictions on cross-border data flows and Internet-enabled trade in services.

* China may be the most egregious example, but USTR is concerned that too many countries do not have effective telecom regulators that are fully separated from the interests of their telecom operating entities.

* Many countries impose limits on the percentage of equity in local operators that can be owned by a foreign company. The 2013 review emphasizes China in this respect. Canada and Mexico get kudos for progress on their foreign investment rules.

* State-owned or state-favored competition is always a concern. This year’s review focuses on China, Colombia and Mexico.

* China and India are particular concerns for U.S. satellite operators trying to sell in their markets. A common complaint is that governments force foreign satellite companies to sell capacity only through their state-owned telecom companies, not directly to the private sector.

* India gets mixed reviews for its handling of submarine cable landings. Access for users has been greatly improved, but there are still questions about fees levied on foreign telecom companies using the cables.

* Trade in telecommunications equipment has long been plagued by differing product standards which, when combined with testing and certification regimes, can slow down market entry or simply make it not worth the cost of entering some markets.

* Brazil, India and Indonesia each maintain local content requirements for telecom equipment.

* China has extreme security requirements (including incorporation of a Chinese encryption algorithm in some equipment), and redundant and less-than-transparent testing rules and product standards. India, though not as bad, is right behind the Chinese.

* Mandatory certification and local testing requirements are problems in China, Brazil, Costa Rica and India.

All this gives USTR’s trade negotiators plenty to do and think about during the coming year.

Of course, USTR’s mandate is to look at restrictions that other countries impose on trade and investment – not at U.S. practices. That falls to the Federal Communications Commission, which may or may not have any interest in liberalizing U.S. regulations. Things have loosened on possibilities for foreign companies to buy a controlling interest in American telecom companies, but foreign investors must be vetted by the FCC. I am not sure what other U.S. practices might attract the ire of foreign suppliers. It is up to them to figure that out and then try to open negotiations with Washington.

Sampling Bias

I reported in March on the latest annual survey of U.S. business in China by the American Chamber of Commerce in Shanghai. There is also an annual business climate survey released by the AmCham in Beijing last month. The AmChams have been doing these surveys for years and they have been extraordinarily useful in working with officialdom in Beijing and in briefing Washington’s politicians about what is happening in China. There is some sampling bias, however, that you need to take into account.

Is there a bias?

Is there a bias?

By sampling bias, I mean that such surveys are naturally focused on the AmCham’s members – who are likely to be companies well-established in the market. These members probably have a well-staffed office and may even be among the host country’s major manufacturers. These are companies with a lot of skin in the game, not so much the small newcomer to the market. I have served on the boards of five AmChams (or equivalent business organizations) and it is the larger, more influential member firms who get the attention. It is to be expected that AmCham surveys will be biased towards the views of their larger, older members. The questionnaire for the most recent survey was sent to about 1,100 AmCham members and 325 responses were received, a pretty good response rate. We can assume, however, that the responses will be biased in favor of companies with staff large enough to take the time to fill out the questionnaire. That means a bias towards companies with something to lose in China and incentive not to rock the boat.

I have been corresponding with a couple of friends with long business experience in China. One of them has filled out the survey questionnaire several times in the past; the other isn’t American. They say that when businesspeople get together over a couple beers in China, they will tell you that the AmCham surveys have a positive bias. That they tend to emphasize the good stuff and minimize the bad about doing business in China. To the extent the surveys criticize Chinese practices, the situation for smaller firms, new to the market, is likely to be worse than the surveys might lead one to expect.

There is another reason for the positive bias. If you are an executive for a publicly-held U.S. company and your company has been touting the magic of the China market to its shareholders, you want no part of creating negative publicity for operations in China. That risks taking your share price down and may even jeopardize your job. Thus we can assume a positive bias in AmCham surveys. That doesn’t make such surveys any less useful. In fact, given the sampling bias, any bad news that is found in such surveys should raise red flags for anybody thinking about going into the market.

This may explain why Beijing rarely, if ever, criticizes the annual survey findings in public. It is close to sensational that a spokesperson for China’s Ministry of Commerce commented publicly last week that the AmCham Beijing survey results are “debatable” because the AmCham under-represents foreign firms doing business in China. The argument is disingenuous because an American Chamber of Commerce is composed of American firms or companies closely tied to the United States, and does not pretend to represent all foreign firms in the market. It also ignores the positive sampling bias of the surveys.

The proximate cause of the Ministry’s reaction is that, even with the positive bias, the latest survey reports that only 28% of participating U.S. companies think that China’s investment environment is improving, a precipitous drop from the 43% who thought the same that last year. The Ministry is also unhappy that more than 25% of the respondents said they have had data breaches or theft in their China operations, hardly a confidence builder.

Such results will mislead the decision-making process of international investors considering China’s market conditions and investment opportunities, the official said, adding that some foreign media have already sent false signals to the business community by citing the conclusions of the survey.
~ Xinhua

Xinhua and the Ministry of Commerce inadvertently hit the nail on the head – though what is debatable is whether the AmCham findings are misleading “false signals“. Given their positive sampling bias, these are red flags that any company should pay attention to. I read the Ministry’s bleat as a confirmation that American companies, and probably others, are seriously looking at putting new investment in the United States, Mexico and elsewhere – not in China. The positive sampling bias of AmCham surveys almost guarantees it.

Chinese Buyers Coming To Hawaii & Idaho

The Western United States Agricultural Trade Association (WUSATA) has announced that it will bring a foreign buyers mission from China to the United States this summer. The Chinese buyers will be pre-screened by WUSATA, with help from the U.S. embassy and consulates in China, so you have a reasonable assumption that they are the real thing. U.S. agricultural products suppliers can sign up to meet with the Chinese buyers during stops in Boise, ID (August 5) and Honolulu, HI (August 7-8). Go to the WUSATA website to find out more and to register for meetings. Registration is free.

Will China buy these?

Will China buy these?

WUSATA advises that the buyers will be looking for suppliers and new products in the following categories: foodservice products, natural/health, nutraceutical, organic, produce, and retail products. Examples might be fresh fruit, specialty foods, natural, organic and healthy foods, wine, dairy products, fortified beverages, nuts, oils, spices, sauces, dressings, coffee and snacks. To be eligible to meet the Chinese buyers, your product must be at least 50% of U.S. agricultural origin by weight, exclusive of added water and packaging. Ingredients must be farmed, fished and/or forested in the United States.

China is the top agricultural export market for the western United States and is likely to retain that title for years to come. Not only is the Chinese consumer economy growing, but recent scares about the safety of China’s own food products has led to a scramble to find reliable overseas sources of supply. American products are trusted and are highly sought after by Chinese consumers. While I am normally quite cautious about advising small companies to go into China, food product sales – requiring no investment in China – seem a tempting way to enter the market. The major problem to be faced by small producers is likely to have sufficient supply to satisfy Chinese buyers.

Customs Can Ruin Your Day

How long will this shipment take?

How long will this shipment take?

Every company encounters them. Even many individuals. Sometimes there are good reasons for customs delays, but they are always irritating – and sometimes they can kill a deal or even a whole line of business. While preparing the World Economic Forum/World Bank/Bain & Co. study on shipping logistics, the researchers interviewed a semiconductor manufacturer (unidentified, though I have my guess). They had other problems (e.g., export controls), but the conversation dwelt on customs delays and where they are worst. The company often sells to buyers who demand just-in-time delivery – and those deliveries can be defeated by a dilatory customs office somewhere. The company’s shipments are generally sent by air, but can end up sitting for several days in a customs shed.

The semiconductor company and its clients use bonded zones in China and often need to move product between those zones. Each time goods move in or out of a bonded zone, similar in concept to foreign trade zones elsewhere, they come under the purview of Chinese customs officials. China’s rules for shifting items from one zone to another are unclear and tracking of products is inconsistent. The company reports that each move in or out of the zone (import or export) typically requires half a day for clearance, but it is not unusual for clearance to take a full day or longer. The issue is usually how tolerant a customs officer may be when there are mismatches between shipping documents. Some see that a mistake is merely a typo and let the goods pass. Others are sticklers for perfection. This is the sort of thing that could be remedied by electronic customs documentation, eliminating much of the human error that has always plagued international shipments. There are also issues with the opening hours of the customs offices, apparently not long, despite the fact that the firms using the bonded zones are working 24/7. Sometimes it is quicker to export a shipment to Hong Kong and then to immediately re-import it to China.

Our semiconductor company has to cope with exceptionally long customs delays in Russia, where clearance can take from two to three weeks. The company sends its products first to Finland where they can be safely stored while deals are done with Russian distributors. The distributor gets caught in the middle when arguments erupt, due to unclear and fluctuating rules, between Russian customs agents, the company’s clients and the distributors themselves. Thus, the company’s Russian distributors have to maintain higher than normal inventories to please the customers. Customs hassles also lead more clients to reject shipments. Russia, however, applies an export tax that is costly enough for our company to tell the distributors to destroy 98% of the rejected goods rather than go through the hassle of shipping them back.

The company also puts Brazil, Argentina and India on its naughty list for customs clearance issues. Security and corruption are endemic in these countries and all feature uncertain rules that are “flexibly” applied at the border. Customs clearance in India, for instance, is supposed to take no longer than 48 hours, but customers usually allow for a week to actually get their goods.

India is also one of the most risky destinations from a security perspective, with the most theft in Asia. The main point of risk is at the warehouse monitored by customs. The forwarder or importer cannot see the cargo when it arrives. The consignee (customer) often receives paperwork indicating the shipment is there, but when it gets through customs it may be in bad shape or partly stolen.

It doesn’t have to be this way. Our semiconductor manufacturer praised Vietnam, where great strides have been made in building an electronic customs clearance system. Still being put into place, the automated system has sped up most clearances to only two hours. Some shipments are cleared in only 20 minutes! The system has been designed by the Vietnamese, the semiconductor company and some of its suppliers. Now, Japan is joining the effort, making grants of $40 million to Vietnam to extend the system and have it fully operational by this time next year.

Is there a message in Vietnam’s experience for China, Russia, Brazil, Argentina and India?

[The photo is actually of Indonesian customs officers intercepting an illegal shipment.]

How’s Business In China?

Perhaps a little shaky, as I read the 2012-2013 China Business Report released last week by the American Chamber of Commerce in Shanghai. It isn’t that business is bad in China, it’s just not as good as it once was, according to the AmCham’s 2012 survey of its members. (Bear in mind that the members of an AmCham are mostly companies that have set up operations in the country, sometimes substantial investments, not the trader who goes in and out. So the AmCham Shanghai report is based on the views of firms that have already invested in China.) The survey found that profitability, revenue and operating margins of American companies in China have fallen for two years in a row.

We are not likely to see the gaudy growth rates of the past (especially if China’s economic statistics ever become reliable), and the focus of the Chinese economy is shifting from exports and large-scale investment to more of a consumer-oriented society. For those manufacturing in China, they can expect steadily rising costs, decreased availability of low-priced labor, and increased competition from domestic companies aiming at the Chinese consumer. This trend will accelerate if Chinese manufacturers can ever win a decent reputation for quality in the mind of the Chinese consumer. American companies in China are responding to these changes to position themselves to supply Chinese consumers rather than just export products from China.

… China’s new normal offers tremendous opportunity for American business. Survey results indicate that U.S. companies are adjusting to this new business environment and have largely moved away from the low-cost export model that once drove U.S. business strategies in China. Nearly two-thirds of companies surveyed said they were “in China for China.” They are here to compete in the growing domestic market driven by steadily increasing household income and consumption. U.S. companies remain committed to the China market – a record 91 percent report an “optimistic” or “slightly optimistic” outlook for their 5-year business prospects in China.

2012 was a good year for U.S. personal technology products, automobiles and healthcare products, but AmCham Shanghai expects their growth rates may soon be eclipsed by U.S. firms that can provide an attractive retail presence and by service companies. Nor will it surprise that larger companies that have been in China longer generally perform better than newcomers and small businesses. (Which is among the reasons I have long advised SMEs to go to Hong Kong, Singapore or Taiwan before trying China. But who listens to silly me?)

American companies in China have seen three years of falling profit margins. That said, profit margins for China operations have generally been higher than what they can get in other countries. China has survived the global recession rather handily and investment plans of U.S. companies reflect that. About 20% of the companies surveyed by the AmCham say that China remains their company’s #1 investment priority. (Remember, this is from the China managers of companies already in China.) Nearly half the respondents said they plan additional investment in their China operations, while fewer than 15% say they plan to move production out of China as a result of rising costs. Most new U.S. investment in China will go to expanding existing operations and redirecting them towards China’s internal market. There is little interest in buying up Chinese companies or facilities.

Continued U.S. investment in China does not mean mean the market is getting any easier to work in. It is not.

U.S. companies continue to struggle with bureaucracy and an unclear regulatory environment … A majority of U.S. managers cited what they observe as uneven enforcement of laws and regulations that favor local Chinese companies in their industry as a hindrance to their business. Perhaps most concerning, in this year’s survey more than two thirds of companies said the regulatory environment was either “not improving” or “deteriorating,” a consistent trend over the previous three years. While these challenges may impact Chinese companies as well, anecdotal evidence suggests a lack of transparency is a competitive issue for U.S. companies.

A vague regulatory framework opens the door to selective enforcement of China’s laws by local regulators – sometimes to the benefit of domestic companies. U.S. companies operate in accordance with U.S. law, adhere to strict internal rules and take seriously their obligation to act in strict
compliance with local laws. In some cases, the same cannot be said of their domestic competitors. Reports from American managers competing in China indicate that some domestic firms take advantage of unclear rules, laws and regulations to give them a competitive leg up.

McKinsey & Company forecasts that China’s GDP will grow 9% annually through 2030. But before committing your company to China, find out what obstacles you will have to face. And remember that there is no stigma, and a lot less risk, for picking lower-hanging fruit elsewhere before you plunge into the Middle Kingdom.

China’s Amazing E-Commerce Buyers

This seemed an appropriate follow-up to yesterday’s post about using eBay for export. Alibaba published a wonderful infographic about the amazing growth of Internet purchases by Chinese consumers. In fact, Chinese buying through e-commerce is likely to eclipse our spendthrift Americans sometime this year, probably reaching $265 billion. Alibaba concludes that Chinese view the Internet as a “giant shopping mall“. Here’s their infographic:

china_online_consumer