Structure of the Automotive Industry

Structure of the Automotive Industry

1. Japan's arguments on the structure of the motor vehicles industry

   1. 
      Regarding the structure of the motor vehicles industry, Japan argues as follows:
      

1. The integration of the global automobile industry and its implications for the structure of the Canadian industry

   1. 
      The global automobile industry is dominated by a limited number of transnational automobile manufacturers. These manufacturers include: (i) Japanese companies such as Honda Motor Co. Ltd. (Honda) and Toyota Motor Corporation (Toyota); (ii) North American companies such as Ford Motor Company (Ford) and General Motors Corporation (General Motors); (iii) European companies such as Bayerische Motor Werke AG (BMW); Volkswagen AG (Volkswagen); and Volvo AB (Volvo); and (iv) a new transcontinental company, DaimlerChrysler AG (DaimlerChrysler), formed by the merger of Chrysler Corporation and Daimler Benz AG.
      
   2. 
      These transnational companies have integrated their production and distribution operations over several different countries to increase their efficiency and rationalize their production. In particular, they control subsidiaries that have been mandated to manufacture specific models at specific plants located in various countries. The models produced at these plants can be shipped to domestic and export markets. As a result, motor vehicles produced at each plant are destined for many different markets. This permits the manufacturers to offer a broad range of models to consumers located in many different markets while maintaining economies of scale. The complex corporate relationships and the resulting patterns of sourcing in the Canadian market are documented in Exhibits JPN-10 and JPN-11.
      
   3. 
      To complete their product lines, some manufacturers also have contracted with non‑subsidiaries or have acquired equity interests in other manufacturers for the purpose of selling specific models. For example, as documented in Exhibit JPN-10, General Motors has a 50 per cent equity stake in Saab (Sweden), a 37.5 per cent stake in Isuzu (Japan), a 50 per cent stake in CAMI (the other 50 per cent is owned by Suzuki) and wholly owns Opel (Germany). Until recently Ford had a 10 per cent equity stake in Kia (South Korea), and wholly owns Jaguar. Commercial relationships such as these allow the leading manufacturers to distribute more models and occupy new market segments without having to build new production facilities.
      

2. Implications for the structure of the Canadian industry

   1. 
      This process of global integration has influenced the structure of the motor vehicle industry in Canada. Specifically, a number of these transnational manufacturers own Canadian subsidiaries that produce, distribute and sell their full range of products.
      
   2. 
      The Canadian light vehicle sector, which includes passenger cars and light-duty trucks, is dominated by a few foreign-owned subsidiaries that are fully integrated in the global operations of their parent corporations. The only Canadian-owned manufacturer of automobiles which is eligible for the Duty Waiver is Intermeccanica International Inc. (Intermeccanica), a small manufacturer of specialty automobiles.²⁶¹
      
   3. 
      There are two general categories of Canadian subsidiaries of transnational automobile manufacturers - those that manufacture and distribute motor vehicles in Canada and those that only distribute imported automobiles in Canada.
      
   4. 
      The following table lists the companies included in the first category:
      

5. 
   These subsidiaries produce particular models determined by their respective parent corporation(s). Such subsidiaries then distribute these automobiles in the Canadian domestic and export markets. With the exception of Toyota Manufacturing Canada, such subsidiaries also distribute imported models in Canada.
   
6. 
   The following table lists certain companies included in the second category of subsidiaries – i.e. those companies that only distribute imported automobiles in Canada with the exception of Toyota Canada Inc. which distribute imported as well as domestic automobiles manufactured by Toyota Manufacturing Canada:
   

3. Production and importation of like motor vehicles

   1. Canadian production of automobiles

      1. 
         The companies that manufacture automobiles in Canada are identified above in Japan's Table 1. Exhibit JPN-13 identifies the Canadian manufacturing facilities of these companies and the automobile models produced at each facility.
         
      2. 
         Competition in the Canadian automobile market takes place within specific market segments which are comprised of competing models of automobiles. Exhibit JPN-11 outlines the market segments relevant to the Canadian market.
         
      3. 
         Based on the information in Exhibit JPN-11, the following table classifies the automobiles produced in Canada in 1996 by applicable Canadian market segment²⁶⁴:
         

2. Importation of automobiles

   1. 
      Broad ranges of models of automobiles are imported into Canada by manufacturer/distributors and distributors. Exhibit JPN-11 lists the automobiles imported into Canada and identifies these automobiles by importer. The following table classifies the imported automobiles from outside North America by importer in 1996 and by applicable Canadian market segment:
      

1. 
   Reading Japan's Table 4 in conjunction with Japan's Table 3, it is clear that imported automobiles compete in every market segment in which there is domestic automobile production in Canada.
   
2. 
   It is also clear from Japan's Table 4 that there are competitions among imported automobiles within each market segment.
   

1. Production and importation of like parts, components and materials used in the manufacture of automobiles

   1. Canadian production of parts, components and materials

      1. 
         Canada has a substantial automotive parts and components industry that produces a full range of parts and components. These products include body parts, stampings, trim, instrument panels, controls, engine components and drive train components. Exhibit JPN-15 provides a comprehensive description of the Canadian automotive parts and components industry.
         
      2. 
         Canada also produces a full range of materials used in automobile production, such as steel, plastics, glass, rubber and lubricants. Exhibits JPN-16 and JPN-17 document the producers of some of these materials.
         

   2. Like imported parts, components and materials

      1. 
         Most developed economies with automotive manufacturing industry have significant automotive parts, components and materials industries. Exhibit JPN-18 lists major companies in Japan that manufacture automotive parts and components. Exhibit JPN-19 lists some of Japan's industries that produce materials that can be used in the production of automobiles.
         
      2. 
         It is clear from a comparison of Exhibits JPN-15 through 19 that comparable and competitive automotive parts, components and materials are available from outside of Canada.
         

2. Supply and consumption of like services

   1. Wholesale trade services

      1. 
         As noted above, the transnational automobile manufacturers distribute imported automobiles in Canada through distribution streams established by their Canadian subsidiaries. Typically, the Canadian subsidiary is responsible for importing the automobile, complying with customs formalities including the payment of customs duties where applicable and distributing the automobiles to dealerships.
         
      2. 
         Each of the major global automobile manufacturers has its own distribution network in Canada. The respective numbers of dealers of such manufacturers are shown in the table in Exhibit JPN-20.
         
      3. 
         No substantial differences can be found in their business activities, irrespective of the nationality of the manufacturer.
         
      4. 
         Further, as documented in Exhibits JPN-10 and 11, each of the automobile distributors in Canada imports automobiles from foreign manufacturers with which it has an equity relationship or with which its parent company is in a contractual relationship such as a joint venture agreement.
         

   2. Services related to the production of automobiles

      1. 
         Broad ranges of services are used by motor vehicle manufacturers in the production of motor vehicles. These services include the following:
         

1. 
   These services are available from service suppliers located in Canada and around the world.
   

1. The bus and commercial motor vehicle industry in Canada

   1. 
      Most of the importers who qualify for the Duty Waiver are also manufacturers of buses or specified commercial vehicles. The Canadian production of buses and specified commercial motor vehicles is documented in Exhibits JPN-21 and 22.
      

1. The discriminatory effects of the Duty Waiver

   1. 
      As a result of the regulation of automotive trade in Canada, some imports enter Canada under the Duty Waiver while competing imports do not qualify for the Duty Waiver. Japan's Table 5 presents data on imports of these two categories of automobiles: (i) imports that enter Canada under the Duty Waiver; and (ii) competing imports that enter Canada but do not qualify for the Duty Waiver.
      

Japan's Table 5

2. 
   This table shows that the Duty Waiver discriminates between imported automobiles that are imported duty free under the Duty Waiver and their competing imported automobiles. This is most apparent in the case of Swedish, Belgian and Japanese imported automobiles. Almost all imported Swedish automobiles (i.e. Saab and Volvo) and Belgian automobiles (i.e. Volvo) benefited from the Duty Waiver while none of the competing imported Japanese automobiles (Acura, Infiniti and Lexus) were eligible for the Duty Waiver.
   
3. 
   Moreover, as a result of the global integration described above, imports of each manufacturer or distributor into Canada always will originate from a single, specific source and not from a variety of sources. This characteristic, which is documented in Exhibit JPN-11, has important implications for the effect of the Duty Waiver. First, the countries from which motor vehicles can be imported under the Duty Waiver are restricted: they are limited to countries where Auto Pact Manufacturers have affiliates or related companies. Second, the competitive balance is tilted in favour of motor vehicles originating in this restricted class of countries compared to competing motor vehicles originating in other countries.
   
4. 
   Canadian import statistics on the percentage of motor vehicles that benefit from the Duty Waiver for each country of origin clearly illustrate the discrimination that is inherent in the Duty Waiver. Depending on the country of origin, the volume of imports that benefit from the Duty Waiver ranges from close to 100 per cent to zero per cent, as is illustrated in the following table:
   

Japan's Table 6

1. 
   The competitive advantage that accrues from the Duty Waiver is clearly significant. It can affect all aspects of an importer's and wholesale trade services supplier's operations including pricing, marketing, earnings and the establishment of distribution networks.
   
2. 
   The discriminatory effects of the Duty Waiver on trade in goods (motor vehicles, parts and components, materials) and services (wholesale trade services and other services related to the production of motor vehicles) are discussed in detail in the arguments presented.
   

1. Canada's response to certain arguments regarding the structure of the motor vehicles industry

   1. 
      With respect to information presented in Japan's Table 5, Canada responds as follows (with additional arguments contained in sections relating to specific claims):
      
   2. 
      Japan's Table 5, according to Japan, is intended to demonstrate "that the Duty Waiver discriminates between imported automobiles that are imported duty free under the Duty Waiver [i.e. those from Sweden and Belgium] and their competing imported automobiles that are not imported duty free [i.e. those from Japan]". The Panel should note that Table 5 uses only 1996 data, and features a number of models that are either no longer produced or no longer available in Canada.²⁶⁵ In addition, some models listed in the source document cited by Japan (Exhibit JPN-11) are not included in Table 5, presumably because if they had been, Japan would have had to acknowledge several competing Japanese-origin automobiles that enter duty free. ²⁶⁶
      
   3. 
      As the facts before this Panel demonstrate, Canada’s measures do not restrict benefits to any particular vehicle, and beneficiary manufacturers may import from anywhere in the world. Which Member’s products benefit at any given time depends entirely on the commercial decisions made by the manufacturers. The tariff regime, however, is completely neutral as to nationality.
      

2. Japan's rebuttal to Canada's response

   1. 
      As a rebuttal to Canada's comments in response to Japan's Table 5, Japan argues as follows (with additional arguments contained in sections relating to specific claims):
      
   2. 
      With respect to Japan's Table 5, the Government of Canada argues that the Table includes models of automobiles that are no longer manufactured and, therefore, no longer imported into Canada. However, it is industry practice for automobile manufacturers to regularly renew their line of car models and change model names in certain market segments. In the case of Japanese cars, models are renewed approximately every four years. As examples of such practices, the names of the Audi 90 and Hyundai Excel were changed to Audi A4 and Hyundai Accent, respectively, when recent model changes occurred. Both automobiles continue to be imported into Canada under their new names.
      
   3. 
      Notwithstanding the above-noted qualification to Table 5, the Table provides concrete examples of imports and sales in Canada in the 1996 model year, and can be relied on to illustrate the discrimination that is inherent in the Duty Waiver. The Table documents the "less favourable" treatment that was accorded to certain automobiles imported from certain countries as a result of the application of the Duty Waiver in the past. Irrespective of the fact that certain models listed in the Table might no longer be imported and sold in Canada, the inherent discrimination still exists.
      
   4. 
      At the present time, automobiles originating in the territories of certain WTO Members are imported into Canada duty free while like automobiles originating in the territories of other WTO Members, including Japan, do not benefit from this advantage when imported into the Canadian marketplace. These discriminatory effects are also confirmed by the evidence submitted by the Government of Canada. Exhibit CDA-6 demonstrates that, in 1998, the following automobiles listed under the small luxury and luxury car market segment were imported duty free under the Duty Waiver and sold in Canada:
      

Saab 9-3 Sweden

Saab 9-6 Sweden

Saab 900 Sweden

Saab 9000 Sweden

Volvo 90 Sweden

Volvo S70 V70 Sweden

Jaguar XJ6 United Kingdom

Jaguar XJ5 United Kingdom

Catera Germany

5. 
   All like automobiles imported from Japan and sold in Canada in 1998 were subject to the applicable MFN duty. According to Exhibit JPN-37, these are:
   

Acura TL, Legend Japan (Honda)

Lexus ES300, LS400, GS300/400 Japan (Toyota)

Infiniti G20, I30, Q45, J30 Japan (Nissan)

6. 
   Thus, imports of automobiles from Japan and from other countries continue and will continue to be subject to the 6.1 per cent MFN duty while like automobiles originating in the territories of other WTO Members continue and will continue to be imported duty free. This is due to the fact that, as Canada admitted, Auto Pact Manufacturers only import and distribute automobiles from certain specific sources.
   
7. 
   In fact, the evidence on the record demonstrates that capital relationships between Auto Pact Manufacturers and other entities are decisive in the determination of the country of origin of duty-free imports. For example, automobiles listed in Exhibit CDA-6 that have been imported by Chrysler Canada and GM Canada were manufactured by the following foreign manufacturers:
   

8. 
   It is a well-known fact that Chrysler held a 24 per cent (maximum) stake in Mitsubishi Motors from 1971 to July 1993. Further, GM is a stakeholder of both Suzuki and Isuzu. GM also owned a 50 per cent equity interest in Daewoo until October 1992.
   
9. 
   As appears from Exhibit CDA-6, Chrysler continued to import and sell Mitsubishi automobiles until mid-1996 and GM ceased to import and sell Daewoo automobiles in 1992. The phasing-out of imports by Chrysler after the termination of the capital relationship and the immediate close of imports of Daewoo automobiles after the termination of the capital relationships indicate that such relationships determine the Auto Pact Manufacturers' source of imports. Although Chrysler continued to sell imported Mitsubishi cars, the number of which had been decreasing during such a phase-out period, this period should be considered as the transition period which Chrysler needs to gradually change its line of products by maintaining its dealers networks.
   
10. 
    Hence, contrary to the allegations of the Government of Canada, the evidence before this Panel makes it clear that, at any given time, the benefits of the Duty Waiver are restricted to particular imported automobiles originating from particular countries. Such benefits are not granted to all like automobiles originating in the territories of all WTO Members.
    
11. 
    The Government of Canada also argues that some models listed in the source document cited by Japan are not included in Japan's Table 5. However, the Government of Japan wants to point out to the Panel that the CAJAD report (Exhibit JPN-11) that was used to construct Table 5 is not completely accurate.²⁶⁷
    
12. 
    In the light of the above, Canada's statement that an "examination of the complete data leads to a result that stands in marked contrast to the theory espoused by the Japanese" is not supported by the facts. Automobiles of Japanese origin are clearly denied an advantage that is granted to like automobiles originating in the territories of other WTO Members.
    
13. 
    The Government of Canada stated that over 82 per cent of imports subject to the minimum 6.1 per cent MFN duty came from Japan. This consideration is irrelevant. What is relevant is the fact that more than 97 per cent of imports of Japanese cars to Canada have been subject to the MFN duty and are being forced to compete with cars imported duty free from a few other WTO Members. The 181,000 motor vehicles referred to by the Government of Canada are motor vehicles imported from countries located outside of North America. However, 540,000 additional motor vehicles a year have been imported duty free from the US and Mexico under the Duty Waiver regime. As admitted by Canada, imports from Mexico are subject to certain reduced duties under the NAFTA but those duties have been fully exempted, as a consequence of the Duty Waiver. The argument of the Government of Canada in this respect in no way justifies the inconsistency of the Duty Waiver with the WTO Agreements. (Exhibit JPN-37.)
    
14. 
    Further, Canada's Figure 4 does not contain data regarding duty-free imports from Mexico and the United States. If the Government of Canada refers to the aggregate volume of duty-free imports under the MVTO 1998 and the SROs, it should also refer to the imports from Mexico and the United States thereunder and Figure 4 should be revised accordingly. Of course, since 1998, the majority of imports of automobiles from the US are no longer subject to any customs duty under NAFTA; thus, they should be deleted from Figure 4 beginning with the 1998 year only when they meet strict NAFTA origin rules and importers declares the satisfaction with such rules at the customs office by submitting certifications. The figure, revised to include the data of the duty-free imports from the United States and Mexico, is as follows:
    

Others; Ward's Autoinfo Bank

1. Imports from the United States and Mexico only includes the automobiles imported by Big 3.

2. Imports from Mexico in 1991-1993 includes the commercial vehicles.

15. 
    (Additional arguments relating to the structure of the industry are found in Section VI, Legal Arguments of the Parties.)
    

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