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W.T.O. Rules Against U.S. on Cotton Subsidies
By Elizabeth Becker  

WASHINGTON: Brazil won a preliminary ruling at the World Trade Organization on Monday night that could force the United States to lower the subsidies it pays farmers to grow cotton and, eventually, most subsidized crops.

W.T.O. Rules Against U.S. on Cotton SubsidiesThe decision supports Brazil's contention that the subsidies paid to American cotton farmers violate international trade rules. A final ruling against the United States could lead to stiff penalties if it fails to change its practices. In another recent case involving steel, President Bush chose to remove subsidies and therefore did not have to face the penalties.

The ruling also puts the Bush administration in a tight bind in an election year, when Republicans are counting on support from the Farm Belt. The largest American farmers have grown dependent on the $19 billion they receive in annual subsidies.

If the final decision in June goes against the United States, the administration is expected to appeal, if for no other reason than to delay action until after the election. Nearly all preliminary opinions are eventually upheld by the W.T.O.

As the first successful challenge of a wealthy nation's domestic agricultural subsidies, the Brazilian case could also force the United States, the countries of Europe and other well-to-do nations to act this summer and offer new compromises at global trade talks that have been blocked over this agriculture issue for more than a year.

The $300 billion in annual farm subsidies and supports paid by the world's wealthiest nations have been the bane of Third World farmers. The United Nations, the World Bank and charities like Oxfam have said their elimination or reduction would provide the single biggest possible benefit for the economies of poor countries with many subsistence farmers.

Brazilian officials said they brought the case against the United States out of frustration, saying that all attempts by poorer nations to negotiate a reduction of the subsidies had failed.

W.T.O. Rules Against U.S. on Cotton SubsidiesThe ruling Monday night was not publicly disclosed, and the United States and Brazil have agreed not to discuss the findings in detail until the final decision is made in June. At a news conference in Brasília, however, top government officials said they were pleased and gratified with the ruling.

"This is a precedent; this is a war that must continue," said Roberto Azevedo, the top legal adviser to Brazil's Foreign Ministry.

The Brazilians accused the United States of breaking trade rules that limit to $1.6 billion the amount of subsidies it can pay American cotton growers every year. The United States defended the additional financing as domestic subsidies that do no harm to global markets.

But using data from the United States Department of Agriculture, Brazil argued that the programs led to increased American cotton production that destroyed Brazil's export markets and undermined the livelihoods of its farmers.

Without the subsidies, Brazil estimated that United States cotton production would have fallen 29 percent and that American cotton exports would have dropped 41 percent. That would have led to a rise in international cotton prices of 12.6 percent, which would have helped Brazil's cotton farmers.

Brazil also said that the United States was providing illegal export subsidies to American agribusinesses and manufacturers, who were given $1.7 billion to buy American cotton.

W.T.O. Rules Against U.S. on Cotton SubsidiesKen Cook, the president of the Environmental Working Group, a nonprofit organization that posted a database of subsidies on its Web site that was used by Brazil, said that the ruling was putting into question how the government would pay subsidies in the future.

"This could mean problems for all domestic subsidy programs, for corn, wheat, rice, everything that receives big direct payments from the United States Treasury," he said.

A United States trade official said Monday night that the administration would appeal the decision if the final report remained unchanged.

"United States farm programs were designed to be and are fully consistent with our W.T.O. obligations," said the official, who spoke on condition of anonymity because of the confidential nature of the ruling. "We have serious concerns with aspects of the panel report."


American farmers have benefited handsomely from the expansion in world trade, and their exports have exploded over the last years. One out of every three acres in the United States are now planted for exports.

The cotton subsidies have helped make the United States the world's top cotton exporter, with more than 40 percent of the world market.

Poor nations have long contended that this expansion is based unfairly on subsidies that fuel overproduction and drive down world prices. Those prices do not harm the big farmers in the United States because they are subsidized by American taxpayers.

W.T.O. Rules Against U.S. on Cotton SubsidiesThe United States argued in its submission that its subsidies were not linked directly to the production of cotton and, therefore, did not distort trade. But the Monday night ruling threw that argument into doubt, thereby calling into question the basis of much of the domestic agricultural subsidy system.

In its complaint, Brazil also accused the United States of additional unfair subsidies — including the federal farm program that pays American agribusinesses and manufacturers $1.7 billion to buy the American cotton that is already subsidized.

Brazil was joined in the W.T.O. case as third parties by Argentina, Australia, Benin, Canada, Chad, China, the European Community, India, New Zealand, Pakistan, Paraguay, Taiwan and Venezuela.

The existing subsidies for American cotton farmers — $10 billion over seven years — were partly responsible for the breakdown in global trade talks in Cancún, Mexico, in September.

West African countries, some of the poorest in the world, made cotton a test case of the W.T.O.'s commitment to remove barriers to poor nations' ability to trade their agricultural products. But the United States offered, instead, to study the cotton issue and consider reducing subsidies as well as removing nontariff and other trading barriers on cotton, synthetic fibers, textiles and clothing.

With the United States and Europe vowing to revive those stalled trade talks over the summer, the question of agricultural subsidies and supports, especially now for cotton, will be back on the agenda. A compromise reached in trade talks could be less painful than penalties from the cotton case.

NY Times

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