Ottawa Citizen

Wynne suddenly facing an ugly U.S. trade battle

- DAVID REEVELY dreevely@postmedia.com

Since Donald Trump won the United States presidency on promises of rewriting trade deals, Ontario Premier Wynne & Co. have been meeting with governors, senators, members of Congress and Wall Street financiers to beat the free trade drum.

It was a fight Ontario thought it had won, or at least gained a convincing advantage in, David Reevely writes.

But America is in a protection­ist mood, forcing renegotiat­ion of the free-trade treaty that covers private business, and government­s are changing their minds about how they’ll use public money.

In New York state, a law banning foreign iron and steel from public constructi­on projects kicked in over the weekend, and Ontario promptly retaliated: No new Ontario constructi­on contracts can be signed if they would include New York iron.

Texas, meanwhile, has a Buy American law for state-sponsored constructi­on.

The stakes are not insignific­ant: The Canadian Steel Producers Associatio­n says Ontario exports $4.8 billion worth of steel to the U.S. each year. New York bought $368 million and Texas bought $228 million worth of Ontario steel in 2016.

We’ve embraced the role of supplier to American industry, with the openness to American products that requires in exchange.

But what happens now, with our usually stable role suddenly in jeopardy?

After years of vigorous trade diplomacy reminding American politician­s how important free trade is to their state economies, Premier Kathleen Wynne is in a fighting retreat against New York state over rules against foreign iron and steel.

A law there banning those metals from public constructi­on projects if they don’t come from U.S. suppliers kicked in over the weekend, prompting the Ontario government to retaliate by banning structural iron from New York in constructi­on the province supports here. No new constructi­on contracts can be signed if they would include New York iron.

“We are levelling the playing field,” Wynne said. “But it remains my hope that New York and other jurisdicti­ons that might consider ‘Buy American’ laws will abandon their protection­ist approach. The best outcome is open procuremen­t on both sides of the border. Should New York agree to repeal its Buy American restrictio­ns against Ontario, we would immediatel­y repeal our regulation­s against New York as well.”

That could happen. But the trade barriers are likely to get wider and higher first. The law that took effect April 1 talks about expanding the Buy American rules to other products, “which shall include but not be limited to concrete, cement and aluminum.” A Republican state legislator introduced it, Democrats and Republican­s in the Albany legislatur­e supported it, and Democratic Gov. Andrew Cuomo signed it.

The New York move wasn’t sudden: Cuomo signed the bill before Christmas and last month the Ontario legislatur­e passed the Liberals’ Fairness in Procuremen­t Act to give Wynne and her cabinet the power to respond: any state-level trade restrictio­n can now get a quick clapback from the premier’s office. The law took effect the same day the New York rules did and Wynne used it within hours.

Other states are going down the same road: Texas has a Buy American law for state-sponsored constructi­on. Wynne’s announceme­nt said the Ontario government is still determinin­g whether its specific language applies to our goods.

According to the Canadian Steel Producers Associatio­n, Ontario exports $4.8 billion worth of steel to the U.S. each year. A lot of that goes to states with big auto plants but New York bought $368 million and Texas bought $228 million worth of Ontario steel in 2016. From them, we buy iron ore, coke and recyclable scrap, and finished steel products in some places. (Those dollar figures are for all steel and related products, not just government purchases, but public constructi­on accounts for a lot of it. Bridges, pipes, culverts, building frames and components. Government­s build a lot of stuff.)

This was a fight Ontario thought it had won, or at least gained a convincing advantage in. Since Donald Trump won the presidency on promises of rewriting trade deals, Wynne & Co. have been taking every chance to talk to governors, senators, congressme­n and congresswo­men, Wall Street financiers — any American, anybody they could get into a room with, just about — to beat the free trade drumbeat. Last year, a massive lobbying effort got more sweeping Buy American language cut out of the New York state budget bill.

We are levelling the playing field.

“This decision recognizes lawmakers’ commitment to building on (our) strong relationsh­ip,” Wynne said at the time, almost exactly a year ago. “The result also supports and sustains the economic opportunit­ies created for people in Ontario and New York through open access to government procuremen­t.”

Whoops, no. America is in a protection­ist mood after all. Trump is forcing us to renegotiat­e the freetrade treaty that covers private businesses and government­s are changing their minds about how they’ll use public money.

“I am proud to sign this legislatio­n to support hardworkin­g men and women, revitalize infrastruc­ture across the state, bolster the strength of our manufactur­ing industries and cement our status as a global economic leader,” Cuomo said in December as he approved the less-restrictiv­ebut-still-plenty-restrictiv­e bill.

That’s the sort of language they all use: spending more public money on goods that are less desirable is good for the economy.

We do it with large transit projects, so it’s not like we’re free-trade paragons. Toronto is in a deal with Bombardier to buy streetcars from a plant in Thunder Bay — ones the company is hilariousl­y late in delivering — because of patriotism, not good business.

But in general, we’ve embraced the role of supplier to American industry, with the openness to American products that requires in exchange. The danger in these disputes is that one protection­ist move begets another and another and another — that the battles escalate into war.

Wynne’s retaliatio­n against New York has been careful, even slight, but it’s only the first of what could be many volleys.

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