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trade

Demon rum, demented tax code

by Jacob Grier on February 24, 2010

I get a lot of liquor press releases every day. Usually they’re about new products or horrible, horrible cocktails designed for marketing efforts. Today’s batch includes a release that’s all about trade and taxes:

MERCEDITA, Puerto Rico–Destilería Serrallés released the following statement from Roberto Serralles, Vice President, in response to a 13-page invective issued by Diageo yesterday claiming a conspiracy to “kill” the Captain Morgan Rum production deal between Diageo/U.S.V.I.

“Destilería Serrallés has consistently highlighted the dangers of permitting that unreasonable and excessive rum subsidies be given to any corporation. Our main focus has been, and continues to be, for Congress to hold hearings and to study the merits of HR 2122. This legislation seeks to responsibly regulate the rum cover-over program by placing an-across-the-board 10% cap on subsidies to the rum industry. This is exactly how Puerto Rico has self-regulated itself for over 40 years. All we are asking is that the playing field is kept level, that fair competition prevails, and quite simply, that everyone plays by the same rules,” said Roberto Serralles, on behalf of Destilería Serrallés. “Assertions to the contrary are just delusional conspiracy theories.”

This is the latest salvo in a long-running battle between industry giants Bacardi and Diageo and by extension Puerto Rico and the US Virgin Islands. Understanding the conflict requires delving into some bizarre aspects of the tax code, so let’s break it down. (And if you want to read Diageo’s lengthy statement, click here.)

For background, there are three main spirits industry players involved in this dispute. Destilería Serrallés is a Puerto Rican distillery owned by Bermuda-based Bacardi and best known for its DonQ rum line. Diageo is a British-based spirits company whose many brands include Captain Morgan spiced rum. Diageo contracts with Serrallés to distill the base spirit for Captain Morgan. The contract expires at the end of 2011 and Diageo announced three years in advance that it would not renew the contract. [Correction 2/25/10: Serrallés is independent, not owned by Bacardi. Bacardi's involvement is alleged by Diageo.]

Virgin Islands Governor John deJongh, Jr. successfully courted Diageo to open its own distillery on St. Croix. Among the incentives offered by the USVI are a brand new distillery funded by public bonds and marketing money to promote Captain Morgan; in exchange, Diageo promises to stay in the territory for 30 years and hire local workers. The Wall Street Journal places the value of these subsidies at $2.7 billion over the 30-year deal.

So far this sounds like fairly standard competition between jurisdictions to offer sweetheart deals to corporations, but it gets more complicated. At issue is a strange US tax provision called the rum cover over. This law requires that most of the rum excise taxes collected in the US be remitted to the governments of US rum-producing territories. They receive the funds in proportion to how much rum they produce. Importantly, it doesn’t matter what countries the taxed rum comes from. If you buy Puerto Rican rum, the revenue goes back to US territories. If you buy Jamaican rum, the tax money still goes to US territories. Territories benefit no matter where rum sold in the United States originates.

This is what has created such perverse competition between Puerto Rico and the Virgin Islands. Puerto Rico knows it’s not going to be distilling Captain Morgan much longer, but where Captain Morgan ends up is of huge importance to Puerto Rico. If Captain Morgan goes to a foreign country PR will still reap the benefits of the rum cover over. But if Captain Morgan goes to the Virgin Islands, USVI will become a proportionally larger distiller and get a correspondingly greater share of excise tax revenues; this is the money USVI is counting on to pay back the public bonds it issued for Diageo.

According to the Miami Herald, the loss to Puerto Rico could be as high as $6 billion over three decades. Thus the territory has enlisted legislators to block the Virgin Islands deal, resulting in a heated battle between the territories and the liquor giants.

It’s hard to put any of the parties involved on a pedestal. Serrallés itself receives significant subsidies from the rum cover over program, about 6% of Puerto Rico’s take (again according to the Herald). Nor is it really fair for Puerto Rico to begrudge the Virgin Islands greater allocation of excise tax revenues, given that the alternative is Puerto Rico taking lots of money for rum it doesn’t even produce if Diageo moves to a foreign country.

The real problem is our insane tax code that sends revenue to territories for rum they may not produce and with no strings attached. Thanks to the rum cover over provision, US taxpayers may soon be funneling their money through the Virgin Islands government directly to Diageo. If you’re Diageo you call that a “historic and innovative public-private initiative.” If you’re a libertarian you call it corporate welfare.

My inclination is to side with Bacardi/Serrallés on this one and support a 10% cap on rum subsidies. Or better yet, we could eliminate rum subsidies entirely, a proposition neither Bacardi nor Diageo is likely to support.

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If you’re into food policy you’ve certainly heard by now about the Bush Administration’s last minute decision to slap a punitive 300% tariff on Roquefort cheese. Because it’s, uh, French and stuff. Still, I thought this email from the owner of Cheesetique in Alexandria, VA was worth reprinting (the whole thing’s at Crispy):

I was shocked and awed not by that cavalier attack on our broad free-trade liberties, but by the specific violation featured prominently on the front page (albeit below the fold): little old Roquefort is under attack! That sublime product of lactation, coagulation, and fermentation has always held a special place in my heart, despite its high price tag and limited availability. Not only do I have a particular affection for Roquefort, but so do Cheesetique’s discerning customers, who marvel at its romantic story of creation, rustic approach to production even today, and exclusive availability. Your love of raw milk Roquefort has made it a staple in many of my cheese classes and one of the most popular and consistent sellers at Cheesetique. Since opening our doors more than four years ago, we have never been without Roquefort Papillon (I prefer this brand above others, though we have also carried Carles, which is outstanding). We have sold hundreds of pounds of Roquefort despite its title as the most expensive cheese consistently carried at Cheesetique. [...]

Why do I focus today on this seemingly insignificant example of protectionism at it worst when there are such large-scale issues to consider in our tumultuous time? For that reason exactly. There are so many huge examples of economic policies gone awry, totaling billions and trillions of dollars, and for that very reason, I point out this easily identifiable, but no less extreme violation of the American ways of free choice and trade.

As our own form of culinary protest, Cheesetique will continue to carry Roquefort until it is no longer available, which I assure you, will only be a matter of time. Not only will we continue to carry it, but its price will never exceed that which we pay for it. We encourage those of you that might have shied away from this pricey perfection in the past to come in and pick up a piece of one of the most historically significant and perfectly created foods in the world – at $20.00 per pound. Yes, you read correctly. $20 per pound.

Remember: Protectionism is bad. Roquefort is good. Long live the latter!

It’s a good thing our new cosmopolitan rulers are above such petty anti-foreign sentiment. Oh, wait:

Washington souvenirs worth $100,000 — including images of the Capitol dome and printings of the U.S. Constitution — are locked in storage, blocked from sale in the new U.S. Capitol Visitors Center because the items are made in China.

Rep. Bob Brady, D-Pennsylvania, chairman of the House Administration Committee, said he warned operators of the visitors center not to purchase merchandise made outside the United States, but they did it anyway.

Although the center has the goods in hand, Brady said, “I’m not allowing them to sell those products.”

His Administration Committee oversees operations in the House of Representatives, including the House restaurant, parking facilities and the Capitol Visitors Center. A spokesman for the committee said other House gift shops also are under restrictions on items made outside the United States.

Brady, whose district includes Philadelphia, insists that it’s wrong for tourists to return home with a souvenir from the nation’s capital that bears a “‘Made in China’ sticker.”

And it’s not just the little stuff, either:

The stimulus bill passed by the House last night contains a controversial provision that would mostly bar foreign steel and iron from the infrastructure projects laid out by the $819 billion economic package.

A Senate version, yet to be acted upon, goes further, requiring, with few exceptions, that all stimulus-funded projects use only American-made equipment and goods.

Proponents of expanding the “Buy American” provisions enacted during the Great Depression, including steel and iron manufacturers and labor unions, argue that it is the only way to ensure that the stimulus creates jobs at home and not overseas.

Stimulus advocates are fond of comparing our current situation to the Great Depression. Though the scale of the recession and the trade restrictions are nothing compared to that period yet, the comparison should give them pause. Dan Ikenson writes:

For all practical purposes there is no difference between the Smoot-Hawley tariff bill of 1930 and the “Buy American” provisions in the $819 billion spending bill that passed the House Wednesday.

Smoot-Hawley was the catalyst for a pandemic of tit-for-tat protectionism around the world, which helped deepen and prolong the global depression in the 1930s. “Buy American” provisions will no doubt inspire similar trade barriers abroad and will have the same effect of reducing global trade—and therefore prospects for economic recovery. It is not unreasonable to say that U.S. policymakers are on the verge of taking us down that same disastrous path.

The first acts of Obama’s presidency impressed even skeptics like me, but if we continue down this path McCain’s principled free trade policies are going to be sorely missed.

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I’m not going to endorse anyone in this election. As with the previous two presidential races in which I’ve been eligible to vote, I’ll be throwing my ballot to the Libertarians on the theory that my vote has a vanishingly small chance of affecting the outcome and its marginal value is greater for a small third party than for the Big Two. I’m also glad to have a respectable candidate on the LP ticket this year; I won’t have to hold my nose voting for Bob Barr as I did voting for the insane Michael Badnarik. I expect McCain and Obama both have the potential to be disastrously bad presidents and I won’t take an affirmative act in favor of either of them. The question then isn’t so much which of them I’d rather see in office as it is whose victory will drive me to the fewest shots of bourbon on election night and beyond.

One of my friends recently pointed out that this site has an anti-Obama bias. He’s right, but it’s not because I think Obama is substantially worse than McCain. It’s because so many intelligent people seem to be under Obama’s spell, taking it on faith that he’s going to be a fantastically transformational president. The few McCain supporters I know are more grounded. They don’t particularly like the guy or what he stands for, but they soberly think him the lesser of two evils, especially given Democrats’ control of Congress. (There are plenty of stupidly enthusiastic McCain supporters as well, but I don’t think they read this blog.)

Throughout this campaign I’ve wavered about which of the two I think would be least destructive in office. I initially favored Obama, if for no other reason than to kick the reigning bastards out. I later drifted toward McCain based on the superiority of many of his policy ideas. Then he nominated Palin for VP and it got really hard to be a self-respecting McCain defender. Ever since the convention the McCain campaign has been an intellectual disaster. Perhaps there is no way McCain could have won this election, but he could have at least forced Obama into a more substantive discussion. If he had, he could have made a respectable play for the politically secular, socially tolerant, economically literate voter. It’s extremely disappointing that he didn’t, because he could have made a good case for himself on a number of issues:

Trade: McCain boasts an admirably long career of promoting free trade. According to Cato’s trade vote tracker, since 1997 he’s voted 88% of the time against trade barriers (35 of 40 votes) and against subsidies 80% (8 out of 10 votes). Obama has a thinner record, but it’s consistently anti-trade: Out of 18 opportunities to vote in favor of free trade, he did so only 4 times. This matches his rhetoric on the campaign trail, where he stokes resentment toward foreign trade by blaming outsourcing for our economic woes. McCain’s the clear favorite here.

The popular line among Obama-leaning libertarians right now is that Obama is only appearing anti-trade to get elected and that he’s clever enough to implement better policies once he’s in office. Maybe, but that’s not the way his record points. It strikes me as equally likely that he’ll be true to his word on restricting trade and waver in his support of civil liberties, as he in fact has a record of doing. Counting on Obama to stand up against his own rhetoric, Democratic interest groups, and an anti-trade, pro-regulation Congress is a thin reed on which to place one’s hopes.

Climate change: The best way to cut carbon emissions is to tax them directly or institute a system of cap-and-trade. Ideally no candidate would propose anything besides these ideas and some highly targeted grants to basic research. In the real world politicians invariably support handouts to special interests, too.

Obama and McCain both support cap-and-trade, though Obama’s targets are slightly more ambitious and therefore more costly. They both support subsidies to coal and renewable power. Obama has his own grab bag of other subsidies and handouts to promote. Though you won’t hear them say much about it now, Obama and Biden both have a long history of boosting ethanol, subsidies McCain has had the guts to call out as wasteful sops to farm states that don’t actually help the environment. McCain would advocate subsidies for the construction of nuclear plants and offer prizes for research; there are reasons to be dubious of the nuclear idea and thankfully he may not be able to win support for it.

On an issue where both candidates spout a lot of nonsense, McCain’s plan has an edge for likely being less expensive. If you’re against throwing money at reducing carbon emissions, McCain’s your man. If you’re in favor of doing that, he’s still your man because he’ll waste less money in the process. A major obstacle to addressing climate change is getting the system of cap-and-trade instituted in the first place; if McCain doesn’t reduce emissions to the degree you prefer you can tighten the restrictions four years later. Whatever reasonable position you may have on climate change, there’s a good argument for McCain being the smarter pick.

Subsidies and spending: Speaking of subsidies, remember that $300 billion farm bill from this past spring? McCain has consistently opposed farm subsidies, preferring to defend the interests of US farmers by opening foreign markets to trade. Obama staunchly supports the handouts, with the exception of opposing our notorious sugar protectionism. Until he had to win the Florida vote, that is. Now he supports that too.

Predictably neither candidate is addressing the true causes of uncontrolled government spending: entitlements and the military budget. They both want to expand the military and neither is likely to meaningfully reform entitlements, though McCain does have a decent fiscal record. McCain at least will be better at resisting new government largesse. I worry about the new entitlements a liberal Democratic supermajority will put into place — spending programs that will be practically impossible to reverse once they’ve been implemented.

Health care: I don’t pretend to know how to “fix” the US health care system. I am convinced that decoupling health insurance from employment and bringing more market pressures to bear on health care costs would be worthwhile approaches to reform. McCain’s plan would transfer the tax credit from employers to individuals, free up the insurance market by allowing plans to compete across state lines, and open group plans to new kinds of associations. These all strike me as steps in the right direction.

Taxes: Making sense of tax policies is a struggle even for experts and I don’t pretend to be one. Neither candidate is pushing comprehensive reform. Clive Crook argues that McCain has undersold his plan since after accounting for his refundable health insurance credit it will arguably make middle class Americans better off than they’d be under Obama’s. This issue, along with long-term deficits, has received too little attention in the campaign.

Foreign policy: No, McCain doesn’t have an advantage here, but Obama’s not as superior as people think. He is not principally opposed to committing US troops to foreign intervention; he’ll just commit troops to presumably nicer, smarter wars than McCain would. He may prove dangerously hawkish on Iran if diplomacy fails to prevent it from moving forward with nuclear projects. He and McCain seem equally reckless regarding Georgia. But a key difference is this: When a President McCain proposes sending our troops into a new arena, he’ll face skepticism from the media and a Democratic Congress who will accuse him of continuing failed policies from the Bush years. President Obama will get a free pass since he’s by definition smart and nice and doesn’t fight stupid wars like Bush did. When Obama proposes deploying US troops, who will step up to counter his ambitions? And why does he want to add 90,000 troops to the military unless he foresees a use for them?

Divided government: The most compelling reason to vote for McCain is that he’ll face a Democratic Congress. Though it’s hard to run a pro-gridlock campaign, for advocates of limited government it’s the best thing McCain’s got going for him. If we have learned one thing from the post-9/11 Bush Administration, it is that we should be wary of trusting a charismatic president whose party controls both houses of Congress in time of perceived crisis. This year the crisis is financial rather than military, the presumptive president even more charismatic than before, and Congress potentially even beyond the reach of filibuster by the minority party. That’s a hell of a lot power to trust in one man. Would President McCain, or even President Palin, be so terrible as to make this the preferred alternative?

A counter to this argument is that Republicans need to spend some time in the wilderness to renew their small government credentials. I agree, and for that reason I’m glad to see that they’ll lose even more seats in Congress and that they’re sweeping George Bush under the rug as thoroughly as possible. But I’m not sure that handing the levers of power entirely to the Democrats is worth the long-term cost or that exiled Republicans wouldn’t look instead to culture warriors like Palin to redefine the GOP. Hoping they’ll return with a new Goldwater or Reagan or Gingrich is taking a big risk for a very uncertain payoff.

On a related note, a last argument in McCain’s favor is that there’s a decent chance he’d be a one-term man. He even flirted with the idea of making a one-term pledge. Obama will likely enjoy two. Except in the unlikely event that there’s been no economic recovery or a foreign policy disaster four years from now, he’ll be in a position to win re-election. So what’s worse, eight years of Obama, or four of McCain followed by a potentially open contest?

That’s the best case I can make for McCain. I don’t find it compelling; the specter of McCain-Palin foreign policy looms too large over any prospect of them assuming office, especially in the worst possible scenarios. If McCain hadn’t chosen such an obscenely unqualified vice presidential nominee I could feel more confident in preferring him. If Republicans could maintain control over just one house of Congress I could rest easier about Obama’s big government ambitions. We’re left instead with two atrocious choices. For all the reasons given above, I can’t join in the chorus of libertarians half-heartedly rooting for Obama. I can’t root for McCain either, but I confess I’ll feel more relief than I perhaps should if by some miracle he wins on Tuesday. Luckily, it appears there’s little chance he’ll have the opportunity to prove me wrong.

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Tear down these walls

by Jacob Grier on June 18, 2008

In today’s edition of Dust-Up, Paul Roberts predicts the end of food and I call for tearing down export restrictions. Read it here.

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