Congress Passes Bill Ending WTO Export Tax Break Dispute with EU
Pending EU sanctions against United States expected to be withdrawn
By Bruce Odessey
Washington File Staff Writer
Washington -- The Senate has given final passage to a tax-cut bill that includes repeal of corporate tax breaks that the World Trade Organization (WTO) has ruled are illegal export subsidies.
Passage of the provision ends a long-standing trade dispute, and a European Union (EU) official has indicated pending retaliatory trade sanctions against the United States would be suspended.
The Senate passed the five-year, $70 billion tax bill 54-44 late May 11, a day after the House of Representatives passed it 244-185. President Bush has indicated he will sign the bill, which includes tax cuts he long has sought.
At issue are remnant tax breaks from the Foreign Sales Corporation (FSC) and the successor Extraterritorial Income Exclusion Act (ETI). After the WTO ruled in cases brought by the EU that those credits violated a subsidies agreement, Congress repealed nearly all of them over a two-year transition ending in 2006.
Congress left in place, however, a few tax breaks that were included in binding contracts made before September 17, 2003, including contracts made by U.S. aircraft manufacturer Boeing.
In yet another challenge brought by the EU, the WTO ruled that both the two-year transition and the excluded credits were not in compliance with the earlier dispute-settlement decisions. The provision in the tax bill would not alter the two-year transition but would repeal the exclusions for the binding contracts.
"I want to thank lawmakers in the House and Senate for their work on this legislation, and especially for including the repeal of the grandfathering provisions on the foreign sales corporation/extraterritorial income regimes," U.S. Trade Representative Rob Portman said. "It means the U.S. has taken the steps necessary to comply with its WTO obligations in this matter."
According to published reports, EU Trade Commissioner Peter Mandelson announced May 11 that the EU would suspend the sanctions, $2.4 billion additional duties on U.S. exports, that were scheduled to take effect May 16.