Policy and Legal

Washington, D.C. – Following the release of the Securities and Exchange Commission’s final rule instituting new climate disclosure requirements for public companies, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“Nearly two years ago, the SEC proposed an overreaching, unworkable climate disclosure mandate that would have curtailed manufacturers’ ability to invest in our communities and hire workers our sector desperately needs—by imposing tremendous compliance costs that would have spread beyond public companies to manufacturers of all sizes, especially small and family-owned businesses.

“The NAM demonstrated for the SEC the practical realities of such a sweeping proposed rule, encouraging the SEC to make significant changes to remove inflexible and infeasible mandates, require disclosure only of material information and protect small manufacturers from the impact of these requirements. Among other critical issues, the NAM called on the SEC to remove the rule’s onerous and unworkable Scope 3 supply chain emissions reporting mandate—which the SEC has now done.

“The NAM appreciates that the SEC listened to manufacturers across the country who raised their voices back at home, in the halls of Congress and directly with the SEC.

“Still, this rule remains imperfect, and it remains to be seen whether the rule in its entirety is workable for manufacturers. It will impose new burdens on publicly traded companies, at a time when manufacturers already face regulatory costs exceeding $350 billion every year, and it will take considerable time for manufacturers to understand the new reporting requirements and fully come into compliance.

“The NAM remains committed to ensuring the SEC acts within its statutory authority, prioritizes flexibility and provides much-needed guidance—just as we are committed to providing leadership in addressing environmental challenges. This is why the NAM is keeping all options on the table as we evaluate the rule’s potential impacts on the manufacturing sector.”

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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

Washington, D.C. – Today, the National Association of Manufacturers joined a coalition of other major business trade associations to file suit in the D.C. Circuit to challenge the Environmental Protection Agency’s misguided final rule lowering the National Ambient Air Quality Standards for fine particulate matter (PM2.5) to 9 micrograms per cubic meter.

The EPA finalized this provision—a 25% reduction from the current standard effective on a truncated timeline of 60 days—outside of the Clean Air Act’s normal five-year review cycle, becoming the first administration to redo a promulgated NAAQS.

“In pursuing this discretionary reconsideration rule, the EPA should have considered the tremendous costs and burdens of a lower PM2.5 standard,” said NAM Chief Legal Officer Linda Kelly. “Instead, by plowing ahead with a new standard that is vastly more restrictive than any other national standard, including that set by the EU, the agency not only departs significantly from the traditional NAAQS process, but also gravely undermines the Biden administration’s manufacturing agenda—stifling manufacturing investment, infrastructure development and job creation in communities across the country. The NAM Legal Center is filing suit to protect manufacturers’ ability to obtain permits, expand facilities and pursue long-term investment plans, and defend our country’s competitive advantage.”

Background:

• The Clean Air Act requires the EPA to review the NAAQS every five years to determine whether the PM2.5 standard should be retained or revised. The EPA’s revised standard was done in an out-of-cycle reconsideration.
• In December 2020, following a complete review of the PM NAAQS, the EPA decided to retain the PM2.5 standard of 12 micrograms per cubic meter. But in June 2021, the agency announced it would reconsider that decision.
• The NAM submitted comments urging the EPA to maintain the existing standard. The EPA recently reported that PM2.5 concentrations have declined by 42% since 2000, driven by major emissions reductions from both mobile sources and the power sector.
• Notably, the EU standard is currently 25, and a proposal there would be to reach 10 by 2030. The UK has a target of 10 by 2040.
• The EPA itself says that some 70% of particulate matter comes from nonmanufacturing sources, such as wildfires (29%), agriculture and prescribed fires (15%), crop and livestock dust (12%), unpaved road dust (10%), paved road dust (3%) and “dust” (2%).

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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

With President Biden set to deliver the State of the Union address Thursday, manufacturing is likely to be in the spotlight once again. At the NAM, we will be listening closely for our key priorities—those that have been achieved and those still in progress. 

Promises kept: President Biden has been a partner on a range of issues that are key to manufacturers across the United States. We hope he will outline how pro-growth legislation has helped set the stage for manufacturing growth, with industry employment reaching a 15-year high.

• CHIPS Act: The CHIPS and Science Act marked a major push to boost manufacturers’ competitiveness, supporting large and small businesses up and down the supply chain by investing in domestic semiconductor production and funding programs to support the STEM workforce, advanced technology development, excavation of critical minerals, clean energy and more.

• Bipartisan Infrastructure Bill: President Biden secured a bipartisan $1.2 trillion infrastructure bill, a long-sought, major achievement for manufacturers throughout the country, offering transformational upgrades and significant investments in America’s manufacturing capabilities.

• Inflation Reduction Act: Some of the provisions in the Inflation Reduction Act supported manufacturers across the United States, with direct investments and tax credits generating a major increase in manufacturing construction and jobs.

• Ukraine: The Biden administration has been unwavering in its support of Ukraine. The NAM—which in March 2022 passed a unanimous resolution denouncing Russia’s invasion of the country—has kept the pressure on Congress to pass the stalled Ukraine aid bill.

Progress to come: But this progress will be undermined if the Biden administration continues to issue onerous regulations and call for policies that make it harder to innovate, invest and expand in America. The NAM is working hard to push back against items that would harm manufacturers and encourage the president to refrain from pursuing policies that will make us less competitive.

• Taxes: The NAM is pushing back against any new taxes or attempts to increase tax rates on manufacturers, and we are pressing for tax policies that will make it easier to invest in the future—including the “tax trifecta” found in the recently House-passed Tax Relief for American Families and Workers Act. The NAM urges the Senate to approve these business tax provisions quickly.

• Protecting intellectual property: Late last year the administration proposed invoking “march-in” rights to seize the patents of any products it deems too costly—if those innovations were developed in any part with federal dollars. This move, which would open the door to similar actions in other sectors of manufacturing, would undermine manufacturers’ IP rights, disincentivize early-stage entrepreneurship and dissuade capital investment, all of which could jeopardize our ability to develop future cures. This is just one example of how actions that undermine manufacturers’ IP can have dangerous unintended consequences.

• Regulations: Burdensome rules—such as the tighter National Ambient Air Quality Standards from the Environmental Protection Agency and the Department of Energy’s recent freeze of liquefied natural gas export permits—are preventing manufacturers from creating jobs and harming U.S. competitiveness. We need to end the regulatory onslaught and give manufacturers the chance to grow.

• Energy: Manufacturers in America are at the forefront of the planet’s work to reduce emissions and promote sustainable energy. But to be effective, we need to embrace an all-of-the-above energy strategy that uses the fuel we have while developing the tools we need.

• Immigration: Immigration and border security reforms must be a priority for the administration and Congress. Inaction poses significant economic risks—especially at a time when manufacturers have 600,000 open jobs. Manufacturers are leading on bipartisan solutions, like those found in our A Way Forward plan.

The last word: “Our commitment is to work with anyone, and I truly mean anyone, who will put policy—policy that supports people—ahead of politics, personality or process,” said NAM President and CEO Jay Timmons. “Because here’s what I know: Manufacturers are building an incredible future for our country and our world. And we need partners in the federal government who will work with us to reduce burdens on manufacturers and manufacturing workers, rather than creating barriers to our success.”

Learn more: For more information on the state of manufacturing, check out the 2024 NAM State of Manufacturing Address here.

For the past two years, the U.S. Securities and Exchange Commission has been considering a rule that would require businesses to report huge amounts of information about companies’ climate-related risks, strategies and impacts. As the SEC prepares to release its final version of the rule this Wednesday, we spoke with NAM Vice President of Domestic Policy Charles Crain about what manufacturers should expect.

The background: In March 2022, the SEC proposed what the NAM has called an overreaching, unworkable and burdensome climate disclosure rule. According to Crain, the initial proposal would have required extensive disclosures as well as invasive tracking procedures to gauge climate impact and emissions throughout companies’ supply chains—significantly increasing costs and liability for manufacturers.

• “The proposal would have had major implications for the entire manufacturing sector, including both large and small public companies—and even privately held businesses throughout manufacturing supply chains,” said Crain. “As proposed, the rule represents a significant threat to manufacturing competitiveness.”

The pushback: In the two years since the rule was first proposed, the NAM has pressed for significant changes—in detailed letters to the SEC, in congressional testimony and in meetings with SEC commissioners and staff.

• “Manufacturers have made it a top priority over the past two years to convince the SEC that they need to change their approach,” said Crain. “The NAM has spent significant time and effort explaining to the SEC why its proposal was unworkable and likely unlawful and illustrating the impact of the rule’s overwhelming cost burden on manufacturers.”
• “But we also offered specific and actionable suggestions to help the agency tailor the rule, make it more workable to manufacturers and bring it back within the SEC’s statutory authority.”

The preview: With the SEC set to publish its final rule tomorrow, Crain says the NAM is keeping an eye on key inflection points, including the following:

• Scope 3 emissions reporting: The proposal’s Scope 3 mandate would require public companies to disclose the emissions of their supply chain partners—including small and family-owned businesses. If Scope 3 is curtailed or absent, that would represent significant progress for manufacturers.
• Financial statement reporting requirements: The NAM will be tracking the degree to which companies are required to incorporate climate information into their financial statements. The NAM called the proposal’s approach to financial statement reporting “unworkable [and] highly burdensome.”
• Materiality: The SEC is only allowed by law to require “material” disclosures—i.e., financial information that allows investors to make informed decisions. Mandates in the final rule that require immaterial disclosures or seek to redefine materiality could exceed the SEC’s legal authority.
• Implementation: The NAM will consider when and how the rule takes effect, and whether the SEC has provided scaled requirements for smaller companies or tailored implementation plans for certain provisions within the rule.
• Small-business impact: The proposal would have harmed small and privately held businesses disproportionately. The SEC must do a better job at protecting these companies in the final rule.

The expectation: Crain says the NAM’s advocacy appears to have made a difference.

• “Recent news reports suggested that some provisions in the rule may have been modified in alignment with the NAM’s suggested changes,” said Crain. “But it remains to be seen whether the final rule, taken as a whole, is actually workable for manufacturers.”

The next step: The NAM’s next moves will depend on the specifics of the final rule—but the conversation is unlikely to end there.

• “The NAM has been clear that a failure to bring the rule back within the agency’s statutory authority could invite legal action. On the other hand, a balanced, workable rule could obviate the need for litigation,” said Crain.
• “Regardless of the exact content of the rule, the NAM is committed to providing resources to our members to help companies understand and comply with any new requirements. We will also continue to engage with the SEC and Congress to address any implementation issues, seek guidance on any unclear provisions and, if necessary, push for changes to the final rule.”
• “As we have for the past two years, the NAM will continue to advocate on manufacturers’ behalf.” 

Washington, D.C. – Following the completion of the 13th World Trade Organization ministerial meeting in Abu Dhabi, at which WTO members chose not to expand the agreement on the Trade-Related Aspects of Intellectual Property Rights waiver to include diagnostics and therapeutics, National Association of Manufacturers President and CEO Jay Timmons released the following statement:

“Global leaders at the WTO heard manufacturers’ stark warnings that an expansion of the TRIPS waiver would have endangered manufacturers’ fundamental ability to fight global crises, including COVID-19. Granting this waiver also would have emboldened our global competitors, chipped away at American innovation and jeopardized our ability to fight future diseases. After years of NAM advocacy, this decision represents a major victory for manufacturers—particularly those hard at work developing lifesaving cures and treatments. We appreciate President Biden and Ambassador Tai’s leadership to secure this outcome.”

The NAM led advocacy efforts to alert policymakers to the danger of an expanded TRIPS waiver, weighing in directly with the Biden administration, members of Congress, foreign governments and business organizations and urging Washington to stand with manufacturers. Timmons also took this message directly to WTO Director-General Ngozi Okonjo-Iweala during a March 2023 meeting in Geneva, Switzerland.

“Another welcome action was WTO members’ decision to expand the moratorium on e-commerce tariffs,” Timmons added. “The e-commerce moratorium has enabled the digital economy to flourish, and the NAM urges U.S. trade officials to push for permanently instituting the moratorium at the WTO, so that this critical element of digital commerce doesn’t come with an expiration date.”

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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.

The Department of Energy is urging Treasury to loosen proposed rules for the Inflation Reduction Act’s first tax credit—the 45V, or clean hydrogen tax credit, POLITICO Pro (subscription) reports.

• The request is in line with suggestions the NAM made to the Internal Revenue Service—which, with Treasury, set forth the guidance for claiming the credit—earlier this week.

What’s going on: “The Department of Energy is pushing Treasury to relax the rules to give the industry time to embark on a massive expansion, according to three people familiar with the discussions.”

• The 45V was intended as a longer-term accompaniment to the DoE’s $7 billion regional hydrogen hubs program, which agency officials are concerned will be hamstrung if the tax guidance is too stringent, according to the article.
• The credit “will directly impact how much hydrogen the U.S. produces and the financial bottom line for many companies.”

Why it’s important: The 45V is a major pillar of the Biden administration’s climate agenda, which seeks to make low-carbon hydrogen cost-effective enough to help decarbonize various industries, according to E&E News’ ENERGYWIRE (subscription).

The NAM’s view: “If implemented properly, the 45V credit would provide the certainty needed for manufacturers to make investment decisions that encourage further production, transportation and use of clean hydrogen,” NAM Vice President of Domestic Policy Brandon Farris said.

• “However, the NAM is concerned Treasury is considering renewable sourcing provisions regarding incrementality, temporal-matching and deliverability requirements, which would limit the amount of energy sources available to power the hydrogen production process.”

What should be done: To create a workable, fair 45V framework, Treasury and the IRS should do the following:

• Lengthen the three-year time frame for incrementality, the time frame within which new electricity must be put into service.
• Push back to 2032 (at the earliest) the date by which energy projects must match clean electricity and hydrogen production at an hourly level.
• Recognize energy attribute certificates from outside manufacturers’ own regions as capable of delivering electricity or natural gas into the region where the clean hydrogen production is taking place.
• Follow congressional intent and provide a more reasonable process for taxpayers to prove their food stocks are lower in carbon intensity and therefore eligible for the maximum credit.

The Biden administration’s proposed “march-in” framework would be devastating for American innovation and competitiveness and must be withdrawn immediately, according to the NAM.

What’s going on: In December, the administration issued proposed guidelines to enable the government to “march in” and seize manufacturers’ patents if their products were developed in any part with federal dollars.

• But the move—which a bipartisan group of 28 legislators opposed in a letter to the White House last week—would be fundamentally ruinous to manufacturing in the U.S., according to the NAM.
• “Undermining America’s world-leading patent system is a recipe for reduced innovation and significant economic damage, with a disproportionate impact on small manufacturers,” said NAM Vice President of Domestic Policy Charles Crain.

Price controls: The proposal is tantamount to government price controls, the NAM said.

• “If finalized, this threat to innovation would for the first time enable the government to set price controls on products that incorporate [intellectual property] from early-stage federally funded research.”
• “Manufacturers that do not comply with the proposal’s arbitrary and uncertain pricing criteria could see the government march in, seize their IP and license it to a competitor.”

Undoing advancements: Prior to the 1980 enactment of the Bayh-Dole Act, which allowed for the commercialization of federally funded research, groundbreaking discoveries “often remained stuck in the lab, as private-sector entrepreneurs and investors were unwilling to license innovative technologies given the uncertain path to commercialization,” the NAM said.

• “Limiting manufacturers’ ability to commercialize groundbreaking innovation means that early-stage research will remain on the shelf in university labs.”

If implemented, a safety standard proposed by the Consumer Product Safety Commission for table saws will harm manufacturing in the U.S., the NAM told the CPSC this week.

What’s going on: “The Commission’s proposed rule itself outlines that, if implemented, the cost of table saws would more than double, small manufacturers may be forced to exit the market, businesses may be unable to operate and sales of table saws will decrease,” NAM Senior Director of Tax Policy Alex Monié said during testimony at a hearing Wednesday.

• The rule would require table saws—those motor-driven, wood-mounted, circular saw blades used daily in multiple industries to cut wood, plastic and other materials—to come equipped with patented active injury mitigation technology.
• Bringing currently on-the-market table saws into compliance could cost manufacturers from $100,000 to $700,000 per model and take up to three years, Monié said.

The background: In October 2023, the CPSC voted to issue a Supplemental Notice of Proposed Rulemaking promulgating the table saw safety guideline, in response to the petition of a company that holds more than 100 patents “related to the AIM technology the Commission would mandate,” Commissioner Peter A. Feldman told fellow commissioners that month.

• There are voluntary safety standards in place for table saws, requiring modular blade-guard systems, and these “are working as the market demands,” Monié told the commissioners.

Instituting a monopoly: In addition to costing manufacturers huge sums, the proposed standard “would have the effect of instituting a monopoly, as the proposed rule is the latest in a series of Commission actions to impose a standard that could be achieved only through the use of one claimed patented technology,” Monié continued.

Unjustifiable rulemaking: Under the Consumer Product Safety Act, the CPSC cannot issue a mandatory standard unless it has found that an existing voluntary standard fails to or does not adequately prevent or reduce the risk of injury.

• “The CPSC admits that it does not have adequate data to determine that the current voluntary standard will not reduce the risk of injury,” Monié went on.

What should be done: The CPSC should withdraw the proposed standard, he said, and “readdress the cost and burden analysis in the proposed rule, with a more tailored focus on small manufacturers.”

The NAM isn’t playing favorites in an election year. Instead, it’s redoubling its post-partisan approach to advocacy. NAM President and CEO Jay Timmons’ message to manufacturers: the association will leverage its hard-won, bipartisan influence to advance manufacturers’ priorities, no matter who’s in charge.

• “That’s what we’re about. Policy that helps people. Policy—not politics, personality or process. That’s what will guide us in 2024 and beyond,” Timmons said in a speech that helped kick off the NAM board meeting this week, before more than 200 of manufacturing’s leading executives in Phoenix, Arizona.

Why it’s important: “Both sides want us on their side,” Timmons emphasized while recounting a recent legislative debate. That trust and respect, he said, translates into wins: agencies modifying rules to avoid lawsuits and high-level White House officials acknowledging the impact of NAM campaigns.

Battles loom: But the very system enabling these victories is under threat, Timmons warned, placing the onus on manufacturers to not just build products, but to empower the NAM to utilize their voices and stories to advance policies that strengthen the economy and underpin democracy and free enterprise.

• Tax showdown: Any new taxes on manufacturers are a nonstarter, Timmons vowed, staking a claim in the looming 2025 tax fight and reiterating manufacturers’ call for immediate passage in the Senate of full capital expensing, R&D expensing and interest deductibility.
• Regulatory onslaught: From new Environmental Protection Agency air standards to the broader regulatory agenda, Timmons argued that overzealous rules impede manufacturing competitiveness. He specifically criticized the new PM2.5 standards, saying the EPA “set them at a level that is lower than the EU or the UK, and imposed a compliance timeline that is far more aggressive.”
• LNG halt: Timmons blasted the Biden administration’s liquefied natural gas export permit freeze, calling it shortsighted and detrimental to both manufacturers and broader U.S. energy and climate goals. “They want to address climate change?” he asked. “So they’re going to have other countries buying and burning dirtier energy? They want to support our allies around the world? So they’re going to force Europe and Japan and others to get their fuel from the likes of Russia?”
• Immigration deadlock: He criticized inaction on both sides of the aisle, saying border security and workforce solutions can—and must—coexist.

Opportunity ahead: Despite considerable challenges, Timmons sees an opportunity for manufacturers to take the lead in promoting American values and sound policies that fuel the industry’s strength.

• “This election year, manufacturers can help renew a shared sense of purpose,” Timmons told executives. “Remind Americans why our country—our system rooted in God-given human rights and fundamental freedom—is worth celebrating and defending.” At stake is not just the next regulatory win, but the very system that made U.S. manufacturing a global powerhouse, he said.
• America’s bicentennial celebration helped us see beyond the divisions of the day, Timmons observed. As we approach the 250th anniversary of the signing of the Declaration of Independence, “it’s manufacturers who are positioned to cultivate that patriotic spirit,” Timmons said. It’s more than just bottom lines. “We can help mend the divides—so that we can promote policy that will strengthen manufacturing in America.”

With economic challenges and “geopolitical tensions” threatening international commerce, the World Trade Organization faces a difficult job at the 13th Ministerial Conference, according to AFP.

What’s going on: At the meeting, which began Monday in Abu Dhabi and is expected to conclude on Thursday, “[t]he WTO is hoping for progress, particularly on fishing, agriculture and electronic commerce. But big deals are unlikely as the body’s rules require full consensus among all 164 member states—a tall order in the current climate.”

• The organization could also decide on whether to expand a 2022 TRIPS waiver to include COVID-19 therapies—a move that would be damaging to manufacturing in the U.S.
• “The WTO committee in charge of discussing intellectual property rights recently told the WTO General Council that it had been unable to reach agreement on the issue after more than 18 months of discussion,” POLITICO reports. “That could signal the end of the road for efforts to expand the waiver, but [there is] fear it could still be approved by ministers at MC13 as part of the final horse-trading that occurs to reach some deal.”

Reform needed: “Speaking on the first day of MC13, WTO Director-General said that ‘multilateralism is under attack,’ highlighting a need to ‘reform the multilateral trading system’ and boost international cooperation,” according to AFP.

• European Trade Commissioner Valdis Dombrovskis echoed the call for reform, saying, “The world has changed. And institutions like the WTO need to evolve too. We are faced with crises wherever we look.” 

No waiver expansion: One change that should not take place, however, is the TRIPS waiver expansion, the NAM told U.S. lawmakers ahead of the WTO meeting. NAM President and CEO Jay Timmons met with Okonjo-Iweala and WTO Deputy Director General Angela Ellard in Geneva last March to discuss the waiver.

• “The proposed expansion of the TRIPS waiver to include diagnostics and therapeutics would jeopardize American innovation, endanger U.S. jobs, undermine future investment and research and development for lifesaving products that are fundamental to fighting global crises, including many diseases and health conditions other than COVID-19, and pose serious safety concerns,” the NAM and six association partners told Secretary of State Antony Blinken, Commerce Secretary Gina Raimondo, U.S. Trade Representative Katherine Tai and White House Chief of Staff Jeffrey Zients last week.

Digital commerce: There are some concrete actions that should be taken regarding the WTO, the NAM told the House Ways and Means Subcommittee on Trade this month.

• The USTR should reverse a decision it made in October 2023 to “drop the longstanding digital trade position of the U.S. at the WTO. This longstanding position, which has clear bipartisan support from the U.S. Congress, seeks to protect cross-border data flows, prohibit costly data localization requirements abroad, defend American digital products from discrimination and protect American IP.”
• And the U.S. should urge the WTO to institute a permanent e-commerce moratorium. Allowing the current “moratorium on customs duties for electronic transmissions … to expire would inject uncertainty and impose unfair burdens on manufacturers in the U.S.”

The last word: “The WTO remains a critical forum to advance free and fair trade globally,” said NAM Director of International Policy Dylan Clement.

• “The outcome of the 13th WTO Ministerial Conference is important because an expansion to the TRIPS waiver or letting the e-commerce moratorium expire could significantly harm manufacturers in the United States. As such, manufacturers will be watching the WTO Ministerial this week very closely.”