UPDATED — USMCA Panel Rules Against Mexico’s GM Corn Ban

Major victory for U.S. corn growers in USMCA trade dispute

Policy Updates
Policy Updates
(Farm Journal)

In a significant development for the U.S. agricultural sector, a dispute panel has ruled that Mexico violated its commitments under the United States-Mexico-Canada Agreement (USMCA) by issuing a decree banning genetically modified (GM) corn imports in early 2023. This decision marks a crucial win for American corn growers and has been met with enthusiasm from industry advocates.

The National Corn Growers Association (NCGA) and other agricultural organizations have praised the ruling, viewing it as a vindication of their persistent advocacy efforts. NCGA President Kenneth Hartman Jr. hailed the decision as “an incredible development for the nation’s corn growers and rural communities,” attributing the outcome to the collective voice of corn grower leaders across the country.

The dispute traces back to December 2020, when Mexican President Andrés Manuel López Obrador first announced plans to ban GM corn by the end of 2024. This move immediately raised concerns in the U.S. Corn Belt, prompting the NCGA to initiate outreach to both the Trump and Biden administrations.
The Dispute arose in Feb. 2023 after Mexico put an immediate ban on using GE corn in dough and tortillas and instructed its agencies to gradually eliminate GE corn for other food uses and in animal feed. The USMCA panel ruled in favor of all seven US legal claims, the U.S. Trade Representative Office said. Mexico has 45 days to comply with the USMCA panel’s findings.

When Mexico’s position intensified in early 2023 with the issuance of a decree banning GM white corn, effective immediately. This action spurred the NCGA and state corn grower groups to push for a formal dispute settlement under the USMCA, which the U.S. Trade Representative ultimately pursued.

The dispute traces back to December 2020, when Mexican President Andrés Manuel López Obrador first announced plans to ban GM corn by the end of 2024. This move immediately raised concerns in the U.S. Corn Belt, prompting the NCGA to initiate outreach to both the Trump and Biden administrations.

Mexico’s position intensified in early 2023 with the issuance of a decree banning GM white corn, effective immediately. This action spurred the NCGA and state corn grower groups to push for a formal dispute settlement under the USMCA, which the U.S. Trade Representative ultimately pursued.

The ruling carries substantial economic implications, given that Mexico is the largest export market for U.S. corn. Over 90% of corn planted in the United States is biotech, and between January and September 2024, the U.S. exported $4.25 billion worth of corn to Mexico. The ban threatened to disrupt this crucial trade relationship and potentially cause significant losses for U.S. farmers.

Next steps. With this favorable ruling, NCGA leaders have indicated they will work closely with the U.S. Trade Representative and the incoming administration to ensure the decision is enforced.

Of note: Mexico’s economy ministry on Dec. 20 said that while it disagreed with the decision, the country would respect the decision as the dispute resolution system is a key component of the trade deal.

If Mexico does not follow the USMCA panel decision regarding its ban on genetically modified (GM) corn imports, it could face several significant consequences:

Trade retaliation. The United States would be allowed to suspend trade benefits with Mexico equivalent to the damage caused by Mexico’s GM corn measures. This could potentially involve:

  • Imposing punitive tariffs on specific Mexican products
  • Restricting imports from Mexico in other sectors

Mexico could experience substantial economic repercussions:

  • Increased costs for corn imports, as non-GM corn from alternative sources like Argentina and Brazil could cost an additional $571 million
  • Potential job losses, with estimates suggesting 56,958 annual job losses in Mexico
  • Higher food prices, particularly affecting the 55.7 million Mexicans living in poverty

Mexico’s agricultural sector may face challenges:

  • Decreased agricultural productivity if non-GM corn cannot meet demand
  • Higher costs for farmers and consumers
  • Potential threats to food security in Mexico

The ban could lead to significant disruptions in the corn market:

  • Shortages of yellow corn in Mexico
  • Price increases for non-GM corn, potentially by 19% over a 10-year period

Strained U.S./Mexico relations. Failure to comply with the USMCA ruling could lead to:

  • Increased trade tensions between the United States and Mexico
  • Potential damage to diplomatic relations
  • Mexico’s decision could impact its attractiveness for foreign investment