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Copyright 2000 Federal News Service, Inc.  
Federal News Service

March 30, 2000, Thursday

SECTION: PREPARED TESTIMONY

LENGTH: 2840 words

HEADLINE: PREPARED STATEMENT OF DALE GROGAN PRESIDENT, LEAPFROG SMART PRODUCTS, INC. ON BEHALF OF THE U.S. CHAMBER OF COMMERCE
 
BEFORE THE HOUSE COMMITTEE ON WAYS AND MEANS
 
SUBJECT - THE FUTURE OF THE WORLD TRADE ORGANIZATION

BODY:
 I am Dale Grogan, President of Leapfrog Smart Products, from Orlando, Florida and a new member of the US Chamber of Commerce. Thank you for the opportunity to express the viewpoint of small business as it relates to U.S. membership in the WTO and the implications of U.S. membership on trade with China, particularly in light of the expected accession of China and Taiwan into the WTO this year.

Leapfrog Smart Products is a software application development firm that creates solutions for Smart cards. Smart cards are mini-computers embedded in plastic the size and shape of a credit card. Just like Microsoft creates software for personal computers, Leapfrog creates software for computers called Smart cards.

We are proud to testify on behalf of the U.S. Chamber of Commerce and likewise believe the Chamber speaks on our behalf on this and other issues. The U.S. Chamber is the world's largest business federation, representing more than three million businesses and professional organizations of every size, sector and region in the country. In keeping with the Committee's March 20 hearing advisory, my comments today will focus on four topics: (1) the importance of PNTR status and WTO membership for China as it benefits our technology-based business, (2) the overall results of U.S. membership in the WTO and the General Agreement on Tariffs and Trade (GATT), (3) whether future participation of the United States in the WTO and the multilateral trading system can be expected to benefit Americans, and (4) prospects for increased economic opportunities for U.S. businesses and workers associated with Chinese membership in the WTO and the normalization of trade relations between the United States and China.

Point 1: "PNTR status and WTO membership for China as it benefits our business:"

From a technology perspective, China is no longer the sleeping giant she is awake. The time gap between the Industrial Revolution and the Technology Revolution in the U.S. was about 80 years; in China, it is about 8 years. Infrastructure is being built faster than you can possibly imagine and the marketplace is ready for Western goods and services, in particular, technology - any kind of consumer-based technology. Whatever the "western consumer" has, the Chinese want and need.

China's greatest resource today is its collective buying power. China recognizes this and rightfully protects that resource. To effectively do business in China, having a strong in-country partner is absolutely elemental. Without a partner who is motivated by profits, you're dead. Fortunately the business climate in China has changed over the past decade. It used to be that a Chinese joint venture meant that the Chinese would "contribute" land (or a factory) and labor. That was easy to do for the Chinese, because both were, and are, abundant. The joint venture that Leapfrog just completed with our Chinese partners is the new model (we think) for Sino-American business. The objective of the joint venture is to manufacture a Smart card reader for worldwide distribution, including China. Also, we expect to sell our software solutions into China - soon to be the world's largest purchaser of Smart card technology.

Under the parameters of our joint venture, our Chinese partners not only contribute the factory and skilled labor force required to manufacture our new fingerprint reader, they also are bona fide investors into the deal with capital of their own at risk. Not only that, our partners will be responsible for business development within China. An American company without a Chinese partner is a rudderless boat. The third leg of the stool is that we have a local Chinese businessman as an investor. Because our joint venture is privately owned, we all share the same capitalistic goal of profits.

The key to making deals like we have with our Chinese partners is having PNTR and WTO membership for China. The Chinese business people want this. Normalization and WTO status only re-affirms the rules of the game. For us, WTO status in effect forces Chinese businesses to "play by the rules." The WTO protections, specifically of intellectual property, give hi-tech companies such as Leapfrog the comfort and ability to extend our business reach into the global market, a necessary ingredient in the Internet-driven information age.

For a small company like Leapfrog (we have about 50 employees now), having the ability to sell our software into China is critical to our success. The fact of the matter is that the U.S. market lags Asia dramatically. For example, over the next five years, U.S. market for Smart card software will be about $200 million. China alone will be over $2.0 billion. Companies in our industry simply cannot ignore the Chinese market. The harsh reality of business is that isolationism would simply kill our company.

Point 2: "Overall Results of U.S. Membership in the WTO and the GATT"

During the pre-World War II period, the United States and other nations learned the hard way that protectionism and other forms of isolationism were self-defeating. The collective destinies of all of the countries are inseparable and interlocked. As the notorious Smoot- Hawley tariffs in the U.S. and other mirror measures around the world aggravated an already severe depression, many nations eventually realized that protectionism could not be the answer. Thus a global trading system was conceived and eventually embodied in the GATT. Founded in 1947, the GATT system, had as its underlying premise that protectionist policies were inimical to nations' economic well-being. GATT established international ground rules for a process of economic integration that continues to this day. In sharp contrast to earlier practices, nations agreed to treat any one nation's commerce the same as that of (almost) all other nations ("most-favored-nation" treatment or, in U.S. law more recently, "normal trade relations"), as well as how they would treat their own commerce (national treatment).

Since that time, the world economy has evolved into a very different and much more complex state. As nations struggle to cope with these new realities, official efforts at economic integration are continuing around the world. The Uruguay Round Agreements represent by far the most ambitious of these efforts. Those agreements committed over 135 nations to adherence to the following principles: Trade without discrimination. This means WTO members agree to give equal treatment to commerce from other member countries ("most- favored-nation") as to domestic commerce ("national treatment"). Predictable and growing access to markets. This is of particular importance to our company and includes a continuing commitment by WTO members to reduction of tariff and nontariff barriers to trade, as well as transparency in domestic laws, regulations, and practices.

-- Fair competition. Where conditions and restrictions on free trade remain, applicable rules and procedures enforced by WTO members must be fair and, again, non-discriminatory. Economic development and reform.

Over three quarters of the 135-plus members of the WTO are developing countries, in the process of reform from non-market systems. Accelerated trade concessions and extra flexibility in required adherence to WTO rules are provided in a number of areas.

While the GATT Uruguay Round Agreements are historic for the ground and the number of signatory nations they cover, they also represent - through the WTO's dispute-settlement processes - an unprecedented application of a rule-enforcement mechanism to the conduct of trading nations. While the WTO is not in a position to directly force individual nations to change their trade laws, it can provide an international "stamp of approval" for other nations' responses to trade barriers and distortions that they and the WTO have deemed improper. As a result, under the WTO we have better enforcement of U.S. rights and greater assurances that our trading partners will abide by the rules and open their markets to American exports.

More broadly, participating in the WTO also permits us to advance our democratic values. Countries that subscribe to WTO rules - rules we had a disproportionate role in shaping - are obliged to adhere to these rules in commercial transactions. In short, the WTO reinforces the rule of law. As I mentioned earlier, this is critical for a software company where our intellectual property can be reverse engineered or pirated. WTO rules creates new barriers against piracy that benefit both small and large businesses.

Point 3: "Whether Future Participation of the US in The WTO and the Multilateral Trading System can benefit Americans"

Trade's importance to the U.S. economy has grown enormously over the past forty years. The share of U.S. exports purchased by foreigners has grown almost three-fold since then - as has the share of U.S. income used to purchase foreign goods and services. Over 95% of the world's population lives outside of the United States. It should make common sense not only to trade with them, but also to lead and work with other nations to solve international crises and promote expanding trade and sustained economic growth.

As the world changes, continuing U.S. engagement is becoming more important to the national interest, not less. The world is becoming more multipolar in political and economic terms. New players are emerging on economic and political fronts. Economic and trade "blocs"

such as the North American Free Trade Agreement (NAFTA), the European Union, the Asia-Pacific Economic Cooperation area (APEC), and others continue to gain prominence.

There is no question that, if the U.S. is to successfully reassert its leadership in world economic affairs, it must not only resume its place at the head of the trade negotiating table, but also demonstrate its willingness to lead at that table. Historically, such U.S. leadership has led to strengthened trade rules that have allowed American businesses, farmers and workers to find new opportunities, create new jobs, and raise living standards. In other words, to enjoy the benefits that increased trade has on our lives.

Notwithstanding the debacle of the WTO ministerial conference in Seattle, global trade continues to expand with attendant benefits for consumers, workers and business. Continued progress toward trade liberalization requires that we recognize the WTO's continuing value to U.S. interests. We must therefore continue efforts to build upon and improve upon the system as it now stands.

The structure of rules governing trade in goods and services remains in place within the WTO. We should work vigorously in the coming year to insure rapid and full implementation of all existing commitments by WTO members.

The WTO's less advanced members, especially the lesser developed countries, must obtain a deeper stake in the WTO system through additional trade liberalization initiatives and through understanding the benefits of global trade for their economies.

The rapid pace of global economic integration will insure that continuing delays in further trade liberalization pose serious risks and burdens for global trade. Every attempt should be made to move forward as much as feasible in the already mandated negotiations on agriculture and services. Opportunities for limited progress, such as sectoral initiatives, should be pursued wherever feasible.

There are those who, during the struggle to implement the North American Free Trade Agreement (NAFTA), argued that NAFTA's implementation would be followed by the "giant sucking sound" of U.S. jobs heading south to Mexico. But what has really happened? Since NAFTA's implementation - and also since the subsequent implementation of the Uruguay Round Agreements - the U.S. economy has enjoyed record employment. It is clearly in our national interest to replicate this success wherever and whenever possible.

Point 4: "Prospects for increased opportunities for the U.S. associated with Chinese membership in the WTO and the PNTR between the United States and China"

In its single most important vote this session, Congress will soon decide whether to extend permanent normal trade relations (PNTR) status to China as part of the recently-negotiated China-U.S.

agreement on China's pending WTO accession. Once China concludes the requisite additional agreements with the European Union and others, it will enter the WTO - whether or not Congress grants PNTR. If Congress votes not to grant PNTR, we will forfeit to our competitors in Asia, Europe and elsewhere the benefits of improved access to China's market that we negotiated for ourselves last year - with the big losers being American farmers, American manufacturers, American technology firms like Leapfrog, American service providers, and American workers.

China has some of the most restrictive trade barriers in the world. But in stark contrast to the Chinese market, the U.S. market is wide open to imports. U.S. families already benefit from increased choices and price competition brought about by Chinese imports. By tearing down thousands of Chinese trade barriers, the US-China WTO agreement will help level the playing field between our two countries and give U.S. companies an opportunity to increase their share of the Chinese market.

U.S. exporters will not be the sole beneficiaries of the U.S.-China WTO agreement. More business for U.S. exporters means more business for their vendors and suppliers. Thus, even companies with no international sales will be able to attribute some increase in business to the agreement by virtue of their supplier relationship with companies that sell to China.

In short, the agreement is one-sided in our favor. In exchange for Chinese concessions, the United States is not required to open its markets wider to Chinese imports. These concessions are the price of admission China must pay to become a WTO member. With the exception of the annual "normal trade relations" (NTR) renewal process, the United States in effect already treats China as if it was a WTO member. We must end the annual NTR renewal process and grant China permanent status in order to insure that we receive the benefits of this landmark agreement.

The U.S has an historic opportunity to secure broader and more consistent access to China's markets. While China must still complete its WTO negotiations with other nations, the U.S. should not delay its final approval. The US-China WTO agreement contains most of the major components that will be in China's final access protocol. Any additional market-opening measures negotiated by these other countries must be extended to the United States as well. Thus, the final terms of China's accession to the WTO can only be improved over the already impressive US-China agreement.

In conclusion:

The China WTO Agreement will: Eliminate import duties on high-technology goods by 2005. Permit foreign investment in the Chinese Internet, and liberalize Internet services.

-- Permit provision of telecommunications services via satellite. Allow foreign investment in all types of telecom services and phase out most geographic restrictions. Protect intellectual property rights through adherence to the WTO TRIPS Agreement.

We have just become a public company, and so we are scrutinized by Wall Street every day. I can tell you that when we announced our Chinese joint venture, our stock jumped 28%. The market recognizes business opportunities and responds accordingly. We believe that what we are doing is right and benefits our shareholders, our employees, and their families. The positive fall-out from doing business with China is simple: jobs. High-tech engineering jobs, service jobs, support jobs, production jobs, the list goes on. In the hi-tech business we provide full solutions. This means that we buy component goods, such as Smart cards, computers, and readers. Additionally, there is a host of support services that are provided from back-office processing to infrastructure support to telecommunications efforts. The point is for every solution sold in China, bunches of jobs are created here in the US. The jobs fuel the economy.

On a personal level, in my many trips to China, I have found the people interesting, humble, honest, and hard working. The business issues they face on a daily basis are the same as we have here in the U.S.: soaring costs, shrinking margins and global competition. Like it or not, China is on the way to becoming a capitalist juggernaut. We have a simple choice to make in business. We can either embrace and profit from China as a trading partner or stick our heads in the sand and hope they go away. I am responsible for the livelihood of fifty families now; the choice is simple for me. We need PNTR and WTO for China. On behalf of the U.S. Chamber of Commerce and its members, I urge you to follow our lead.

This concludes my testimony. I will be glad to answer any questions.

END

LOAD-DATE: March 31, 2000




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