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                                                                                               February 23, 2018

NAFTA Motor Vehicle Talks Reopen Old Trade Debate


Automotive trade is among the most sensitive issues in
negotiations with Mexico and Canada over revisions to the
North American Free Trade Agreement (NAFTA). The
United States has proposed major changes in the rules of
origin that determine which vehicles and parts qualify for
tariff-free treatment when traded among the three countries.

The proposal has reopened a decades-old debate about
regulating the content of vehicles sold in the United States.
If some variant of the proposed changes is accepted by
Canada and Mexico and then ratified by all three countries,
it would make the fifth time since 1965 that Congress has
sought to encourage greater use of domestic content in cars
and light trucks.


Motor vehicle content rules were originally a response to
rising imports of passenger vehicles, primarily from Japan.
Such rules were included in the Automotive Products Trade
Agreement of 1965, better known as the U.S.-Canada Auto
Pact, which was designed to integrate U.S. and Canadian
vehicle manufacturing. Vehicles covered had to have 50%
U.S. or Canadian content for free entry into the United
States, and separate provisions required Canadian content
for vehicles sold and parts used in Canada. (The Auto Pact
was terminated in 2001 after the World Trade Organization
found that some provisions violated its trade rules.)

In 1975, the Energy Policy and Conservation Act (EPCA;
P.L. 94-163) established the corporate average fuel
economy standards for light vehicles sold in the United
States. To prevent U.S. automakers from importing fuel-
efficient vehicles to meet fleet-wide efficiency standards,
the law set one standard for domestic vehicles and a stricter
standard for imports. For a vehicle to be considered
domestic, at least 75% of its content had to be
manufactured in the United States or Canada. (After
NAFTA went into effect in 1996, EPCA was amended to
count Mexican content as domestic.) EPCA states that
the value added from parts manufacturing and final
assembly is the basis of determining whether a vehicle
meets the 75% domestic value standard. For components
assembled outside the NAFTA region, only the value of
parts produced in a NAFTA country counts as domestic
content. Unlike with other content provisions in later laws,
transportation and insurance costs within the NAFTA area
are included as domestic costs.

A third attempt at mandating vehicle content came during
the Reagan Administration, at a time when recession
reduced U.S. vehicle sales and Japanese automakers were
increasing their U.S. market share. The proposed 1982 Fair
Practices in Automotive Products Act would have
eventually required vehicles sold in the United States to
have 90% U.S. content (including parts and labor). Seen as


targeting imports from Japan, the bill passed the House
twice, but was not voted on in the Senate amid concerns
that it violated international agreements and faced a pledge
by President Reagan to veto it.

Congress revisited the domestic content of vehicles again in
1992, when the American Automobile Labeling Act
(AALA; P.L. 102-388) required a label on all new vehicles
showing domestic and foreign content of parts and the final
assembly location. Parts content does not include final
assembly, distribution, or other non-parts costs.

AALA specifies that only U.S. and Canadian content is
domestic; Mexican content does not qualify. If imported
parts count for no more than 30% of the value of a vehicle
component made in the United States or Canada, 100% of
the value of the component is counted as domestic. For
engines and transmissions, however, a broader category of
assembly and labor costs is also included in the domestic
content calculation. The country that contributes the most
value to the engine or transmission is considered the
country of origin, even if some parts are imported.

Table I.Top 10 Domestic Content Vehicles in 2007

                                        U.S./Canada
   Automaker            Vehicle           Content

Ford                  Lincoln MKX           95%
Ford                   Expedition           95%
Ford                     Edge               95%
General Motors     Pontiac Grand Prix       90%
General Motors        GMC Sierra            90%
General Motors     Chevrolet Silverado      90%
                      Pickup Truck
General Motors      Chevrolet Monte         90%
                         Carlo
General Motors      Chevrolet Impala        90%
General Motors       Buick LaCrosse         90%
Ford                Mercury Mariner         90%


Source: American Automobile Labeling Act, 2007 Report, by
percentage, https://www.nhtsa.gov/part-583-american-automobile-
labeling-act-reports.

The overall domestic content of many vehicles sold in the
United States, as measured under AALA, has declined over
the past decade as the vehicle supply chain has globalized.
AALA reports show that many motor vehicle parts
manufactured in 2007 contained well over 75% domestic
content. Table 1 shows the 10 models with the greatest
domestic content in 2007. In contrast, only a few vehicles


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