Obama Jobs Bill: Buy American Provisions Dismay Canadian Exporters

Obama Jobs Canada Trade

First Posted: 09/13/11 07:12 PM ET Updated: 11/13/11 05:12 AM ET

WASHINGTON - Call it Buy American, The Sequel.

U.S. President Barack Obama's proposed new $447 billion American Jobs Act is aimed at creating much-needed jobs in the United States, but it's also reigniting trade tensions between the country and Canada, its biggest trading partner.

The act, released in full by the White House this week, contains yet another protectionist Buy American provision of the type that strained the Canada-U.S. relationship for much of 2009.

Those who closely watch the Canada-U.S. trade relationship were crestfallen to see Section 4, with its heading "Buy American -- Use of American Iron, Steel and Manufactured Goods."

The section contains a directive that none of the funds made available by the American Jobs Act may be used for "the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States."

The bill would commit more than $100 billion towards the renovation of schools, the construction of roads and bridges and improving transit.

There are some exceptions to the Buy American provisions, however. The act states that if using all-American products increases the cost of the project by more than 25 per cent, the requirement will be waived. So too if the goods needed for the project aren't manufactured or available in the U.S.

But a fair amount of time-consuming red tape must be hacked through in order to receive such a waiver.

"If the head of a federal department or agency determines that it is necessary to waive the application ... the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived," the act reads.

Section 4 concludes by insisting it "shall be applied in a manner consistent with United States obligations under international agreements."

At an event in Montreal on Tuesday, Gary Doer, Canada's U.S. envoy, and David Jacobson, the U.S. ambassador to Canada, faced questions about the new provisions at a two-day Canada-U.S. manufacturing summit.

"We obviously believe in maintaining trade between our two countries .... and that's the position we'll take again in Washington if we need to," Doer said.

Jacobson said he hadn't seen the language in the American Jobs Act. But he said such legislation is "intricately complicated" and depending on the wording of the bill, it might not be something Canada needs to worry about.

At the summit, Jacobson called the Canada-U.S. trade relationship the top item of international business in the American capital, saying "a huge amount of time" is being spent on easing trade between the two countries at the highest levels of government — including the White House.

Jacobson was referring to the long-awaited perimeter security deal, billed as an effort to boost cross-border trade and reduce congestion without compromising security.

"Particularly in my country, people understand that if we're going to move the needle on exports and on trade, and on jobs that are dependent on export and trade, we're going to have a lot more bang for our buck by focusing on Canada," he said.

In Ottawa, the prime minister's office wouldn't comment on the Obama administration's new Buy American provisions in detail except to stay the Canadian government will "continue to oppose protectionism and defend Canadian interest."

"History has shown protectionist measures stall growth and kill jobs," a Harper spokesman said.

Birgit Matthiesen, the U.S. representative of the CME, expressed her dismay about the provisions given how hard Canadian officials worked two years ago to convince their American counterparts of the dangers inherent in hindering trade and commerce between two economies so closely linked.

"It's this de facto Buy American sentiment now that is so disappointing and frustrating," she said in an interview from Montreal.

"It's really disconcerting that this administration and the U.S. Senate seem to have decided that Buy America had to be inserted into this bill, ignoring our concerns that we've expressed so strongly previously and the reasons why we expressed those concerns."

Maryscott Greenwood, an international trade specialist at the McKenna, Long law firm in D.C., predicted the bill will likely pass U.S. Congress in some form given the urgency of the job situation in the United States right now.

She added there's no guarantee Section 4 will be removed by either Republicans or Democrats with a presidential election a little more than a year away.

"I think some version of it will get through, and Canada will have to press for a waiver," she said.

"It means that Canadian business interests must remain vigilant in continually explaining to U.S. policy-makers the interconnectedness of our two economies," she added. "Canada needs to constantly point to the futility of measures that don't take the special bilateral relationship into consideration."

The Buy American dispute consumed the Canada-U.S. relationship for much of 2009 until Canada finally earned an 11th hour waiver from the Buy American provisions contained in Obama's $787 billion stimulus act.

The deal allowed the use of Canadian products in many local U.S. projects funded by the stimulus program. In return, Canadian provinces agreed to sign the World Trade Organization's government procurement agreement, something they'd refused to do when the WTO was established in 1995.

That's the only bright spot, Matthiesen said _ Canadian provinces won't be excluded this time around from bidding on projects at the state and federal level in the United States.

"But if these monies get funnelled down to the municipalities and counties, then we have no protection, and the vast majority of money was spent at that level under the recovery bill," she said.

"Our work is really cut out for us."

Obama is on a tour of the United States this week, touting the American Jobs Act.

"Everything in the American Jobs Act is the kind of thing that in the past has been supported by Democrats and Republicans, everything in it will be paid for, and every one of you can make it happen by sending a message to Congress that says pass this bill," Obama said in a speech at a high school in Columbus, OH.

"Pass this bill, pass this bill, pass this jobs bill and there will be funding to save of up to 14,000 Ohio teachers, cops and firefighters."

FOLLOW HUFFPOST CANADA POLITICS

WASHINGTON - Call it Buy American, The Sequel.U.S. President Barack Obama's proposed new $447 billion American Jobs Act is aimed at creating much-needed jobs in the United States, but it's also reigni...
WASHINGTON - Call it Buy American, The Sequel.U.S. President Barack Obama's proposed new $447 billion American Jobs Act is aimed at creating much-needed jobs in the United States, but it's also reigni...
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04:06 PM on 09/19/2011
He should really stick to one idea because his last idea for health care isnt that great. The only one that I've seen something that works is the first lady michelle obama.
05:21 PM on 09/14/2011
Hmmmm ... Oil produced in Alberta and exported to, wait a minute "buy American"! Maybe time to focus on that pipeline to the west coast. Keystone what?
03:14 PM on 09/14/2011
Such a ridiculous article. Loosing so much respect for this website. Here in Ontario we block American goods from entry all the time. This is a case of the pot calling the kettle black big time..
02:36 PM on 09/14/2011
"Buy American -- Use of American Iron, Steel and Manufactured Goods."
But we still want your wood and petroleum products Canada.
HUFFPOST SUPER USER
Jesse P. Steinberg
est un habitant.
02:06 PM on 09/14/2011
If he wants Buy American to work. He better force WalMart to only buy / sell products that were made in the US.
12:45 PM on 09/14/2011
Obama says buy American but he buys a bus, for his campaign, that was made in Canada.He sure doesn`t preach by exemple.
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HUFFPOST SUPER USER
GeoffMorton
11:57 AM on 09/14/2011
I don't see what the big deal is. It's for spending of the stimulus dollars, not general purchasing. If you're spending the stimulus dollars, supplied by the government from the taxpayers, then that money has to be spent on materials in a way that keeps the money in the country.

I'm Canadian, and I don't see a big deal with that. It's their stimulus... why on earth should we be entitled to benefit from it? They're trying to kickstart THEIR economy, not ours.
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HUFFPOST SUPER USER
GeoffMorton
12:04 PM on 09/14/2011
Overall, if those dollars are kept in the USA, it has a multiplyin­g effect as it bounces around from sector to sector, PLUS it gets taxed at every level, from sales tax to payroll taxes of workers hired to supply them... which means the government gets a chunk of that stimulus money back again anyways.

But if you start buying stuff from China cause it's cheaper? All you've done is pour money into local projects which then gets siphoned off to help someone else's economy.
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pleblian
One smart as meɪtər futūtor
11:31 AM on 09/14/2011
Ok!

Close the boarder!
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HUFFPOST SUPER USER
Peacefrogg
11:23 AM on 09/14/2011
How has free-trade benefited the average Canadian, we still pay about 15 to 20% more for vehicles that are made in Canada and the US, we still pay more for books, magazines, clothes, computers, cell phones and much,much more. So please someone with their infinite amount of wisdom please tell me how Canadians have benefited from that scam free-trade.
HUFFPOST SUPER USER
Skookum1
truth can't be bought, but lies sure can be sold..
11:10 AM on 09/14/2011
Well, gee, despite all the talk of "deep integration" and their desire for free flow of our resources and what-not, it appears that doesn't extend to consideration given to Canadian workers as equal partners in the new North American Union that's being covertly imposed, does it? "Buy NAFTA" would make more sense; don't attack your neighbours or, maybe, just maybe, we'll decide that the tar sands and our hydro power and water and so much more is "made in Canada" and must therefore not fall under "buy American".

Of course, it would help if Canadian packaging laws were different. When something says "Made in Canada" it only means that so much percentage of it is made here; usually the final stage of packaging, as with canned goods. LOTS is made in China or elsewhere that carries the "Made in Canada" tag, though whether the same is true in the US I'm not sure.

It's not like Harper's gonna call up Obama, or come to Congress and appeal for the rights of Canadian workers, whose economy depends on supplying the US, all too often. We're just more furriners, especially to the Dixeicrats and the GOPpers.....Harper could care less. Even less than Obama does....
11:03 AM on 09/14/2011
We have similar programs in Canada (Ontario's Feed in Tariff Program for example) that require domestic product and labour to be used in order to receive tax breaks, premiums etc. I think we are being hypocritical if we slam them for 'Buy American'.
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HUFFPOST SUPER USER
GeoffMorton
12:03 PM on 09/14/2011
I said something similar in my post. They're trying to kickstart their economy with money from the government, and ultimately from the taxpayers. If they're spending that money on materials that come from China, Mexico or even up here in Canada, then those stimulus dollars are flying out the window to help someone else's economy. If those dollars are being spent on materials produced in the USA, then those dollars are not only helping the project being spent on, they're helping the suppliers and manufacturers that contribute.

Overall, if those dollars are kept in the USA, it has a multiplying effect as it bounces around from sector to sector, PLUS it gets taxed at every level, from sales tax to payroll taxes of workers hired to supply them... which means the government gets a chunk of that stimulus money back again anyways.

But if you start buying stuff from China cause it's cheaper? All you've done is pour money into local projects which then gets siphoned off to help someone else's economy.

I'm Canadian, and I have no issues with the Buy American stipulation.
10:04 AM on 09/14/2011
While it's easy to say "@#$% the US", we'll keep our petro products, timber, and automotive parts and sell them to the highest bidder. The reality of the situation is that with out the US buying these products, Canadian companies will scale back the number of workers to match supply and demand. Until Canada finds other buyers for these products, Canadians working in all export sectors will suffer as a result.
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Jesse P. Steinberg
est un habitant.
09:19 AM on 09/14/2011
Guess it is time to just start selling more and more stuff to China. Lets see where the US gets its oil from when we cut them off.
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HUFFPOST SUPER USER
rotary
canucklehead
10:47 AM on 09/14/2011
All oil that's internationally consumed is sold on an open market and then refined. The only way Canada could "cut them off" is if we stopped selling our oil to everybody. Oil isn't a product that can be treated like domestic maple syrup.