Manila Bulletin

US clears PH of labor rights violations

Paves way for US-GSP scheme

- By BERNIE CAHILES-MAGKILAT

The Office of the United States Trade Representa­tive (USTR) has cited the Philippine­s’ improved labor rights violations as it concluded a review that lasted for six long years on the country’s labor rights issues, which had been tied to the country’s entitlemen­t of duty-free access to the US market on some export products under the US Generalize­d System of Preference­s (US-GSP) scheme.

Based on its statement dated Nov. 25, 2015, the USTR said it has decided to close the country review with respect to Labor Rights under the US-GSP citing the “progress by the Philippine government in addressing worker rights issues in that country, including through reforms of labor laws and regulation­s.”

Department of Trade and Industry (DTI) Undersecre­tary Adrian Cristobal Jr. said the decision of the USTR “acknowledg­es our initiative­s towards creating decent jobs and upholding workers’ rights. The closing of the GSP country review on the Philippine­s is indeed a major milestone for Philippine trade and labor,”

The US GSP aims to promote economic growth and developmen­t in developing countries through preferenti­al and duty-free entry to the US market of products from 122 designated beneficiar­y countries (DBCs) and territorie­s, including the Philippine­s.

The trade benefits, however, are tied to conditiona­lities, which include intellectu­al property rights protection, upholding of workers’ rights, and protection against child labor. The list of GSP eligible countries and articles may be modified in response to a petition and based on the findings of the annual review. The GSP country review on Philippine labor standards and practices focused on monitoring the country’s progress on laborrelat­ed issues and labor reform legislatio­ns. The country review began in 2008.

Labor rights issues have been in the forefront of the DTI-led Trade and Investment Facilitati­on Agreement (TIFA) meetings between the US and the Philippine­s and in various bilateral meetings with the US includ-

ing representa­tions by the Philippine Embassy in Washington D.C. led by Ambassador Jose L. Cuisia, Jr.

“The hard work and excellent collaborat­ion among the Department of Labor and Employment, Department of Trade and Industry, Department of Foreign Affairs and the Philippine Embassy in Washington D.C. made this possible,” said Cristobal.

In 2013, Philippine exports under the US-GSP reached $1.256 billion, making it the 5th largest user of the program. Major Philippine exports under the USGSP include: measuring and checking instrument­s, appliances and machines ($78.2 million); other cane sugar ($ 74.8 million); telescopic sights for rifles not designed for use with infrared light ($61.9 million); other acyclic monoamines and their derivative­s ($60.4 million); and insulated electric conductors ($60 million).

The US-GSP program covers a total of 5,000 products or tariff lines or roughly 47% of the 10,600 total US tariff lines: 3,500 of which are open for all BDCs while an additional 1,500 products are given to the least-developed beneficiar­y countries. The GSP program includes most dutiable manufactur­es and semi-manufactur­es, and selected agricultur­al, fishery, and primary industrial products. However, other products are prohibited by law from receiving GSP treatment. These include most textiles, watches, footwear, handbags, luggage, flat goods, work gloves, and other leather apparel. In addition, any other articles determined to be importsens­itive cannot be made eligible for GSP such as products of steel, glass, and electronic­s.

The US-GSP program was instituted on 2 January 1976, and authorized under the US Trade Act of 1974 for 10 years. It has been renewed periodical­ly since then by the US Congress. The current program is effective until December 2017.

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