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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

The First Trump Trade Deal: The KORUS Renegotiation May Be Complete

Unlike NAFTA, the KORUS FTA renegotiation was not a complete overhaul, but more of a "refurbishing" of the agreement (as Ambassador Lighthizer put it the other day), one that was designed to avoid Congressional oversight. There are reports out now that the KORUS talks are complete, with what
Simon Lester 26 Mar 2018 2 min read

The Section 232 Tariffs in U.S. Court

The first challenge to the Section 232 steel/aluminum tariffs has been filed (thanks to Larry Friedman for the tip). This is an excerpt from the complaint: Accordingly, Plaintiffs Severstal Export GmbH ("SSE") and Severstal Export Miami Corporation ("SSE M ") (collectively, "Plaintiffs"), by and
Simon Lester 25 Mar 2018 2 min read

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International Economic Law and Policy Blog

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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