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The Dog that Didn't Bark in the US IP Claim Against China

One of the most significant complaints made by the US in its Section 301 investigation of China's IP practices is the claim that China conditions permission for foreign investment on transfer of technology.  However, in the US' recent WTO complaint against China's IP practices, the
Trachtman 10 Apr 2018 1 min read

ASIL Annual Meeting Videos

This is from Kathleen Claussen: Select videos from the 112th Annual Meeting of the American Society of International Law (ASIL) held last week in Washington, DC are now available on the ASIL website (https://www.asil.org/resources/video/2018-annual-meeting).  These include video from a session on the future of
Simon Lester 10 Apr 2018 1 min read

How can China respond to the Trump tariffs in a WTO-consistent manner?

The $50 billion tariffs proposed by the Trump Administration put China into a “Catch-22” position. If China doesn’t retaliate and only follows the proper dispute settlement procedure to challenge them in the WTO, then it has to wait at least 2 years before the US measures are finally ruled
Henry Gao 07 Apr 2018 2 min read

China's WTO Complaint on the Section 301 Tariffs

China's consultations request on the U.S. Section 301 tariffs is here. This is the key part: On 22 March 2018, the United States published related documents of the Section 301 investigations against China. On 3 April, the United State published a list of products of Chinese origin,
Simon Lester 05 Apr 2018 3 min read

The U.S. Response to China's Retaliation: What Role for the DSU?

Here is the U.S. response to China's decision to deem the Section 232 tariffs a safeguard measure and to impose tariffs pursuant to provisions of the Safeguards Agreement: The United States has received China's requests for consultations under Article 12.3 of the Agreement on
Simon Lester 04 Apr 2018 2 min read

Justifications in the U.S.-China National Security/Safeguards/Section 301 Tariff Fight

I have been puzzling over what is happening with the safeguards issues related to the U.S. steel/aluminum "national security" tariffs (and as I was drafting this post, Brett Williams raised the same issue in a comment here). This is what I see so far. Safeguards Agreement
Simon Lester 04 Apr 2018 3 min read

China Retaliates Against the U.S. Steel/Aluminum Tariffs

This is from the Financial Times: China has unveiled retaliatory duties on US food imports including pork, fruit, nuts and wine of up to 25 per cent as a response to the Trump administration’s new tariffs on steel and aluminium imports. Beijing said the additional duties on 128 kinds
Simon Lester 01 Apr 2018 2 min read

Forced Technology Transfer and the WTO

This is from the U.S. statements at the DSB meeting on March 27: The United States would be pleased to discuss at length the seriously trade distorting policies adopted by China that are the subject of the ongoing Section 301 investigation mentioned in China’s statement. It is these
Simon Lester 29 Mar 2018 3 min read

Operative Time Frames for the Imposition of the China Section 301 Tariffs

Jennifer Hillman asked me to post the following: Does anyone know what the operative time frames are for the imposition of the China 301 tariffs? The President’s memorandum of March 22, in using the language “unreasonable or discriminatory and that burdens or restricts U.S. commerce,” has made it
Simon Lester 28 Mar 2018 2 min read

Will Anyone File a WTO Complaint Against the KORUS Steel Quotas?

Inside US Trade describes the steel quotas agreed to as part of the KORUS modifications as follows: Korea’s trade minister Kim Hyun-chong announced at a press briefing Monday that Korea would receive a quota of about 2.68 million tons of steel exports to the U.S. annually, which
Simon Lester 28 Mar 2018 1 min read

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Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

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