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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,
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

Lighthizer on a Sunset Clause in NAFTA

Here is another interesting issue that came up at last week's House Ways and Means Committee hearing with U.S. Trade Representative Robert Lighthizer: Congressman Johnson: Can you tell me what the sunset clause is and what they are trying to accomplish with it? Ambassador Lighthizer: Absolutely, Congressman.
Simon Lester 25 Mar 2018 2 min read

Do investment treaties de-politicize investment disputes?

When I hear people claim that ISDS/investment protection "de-politicizes" investment disputes, in the sense that governments can avoid the unpleasant task of espousing diplomatic claims against other governments, I usually respond by pointing out that ISDS claims create political controversy of another kind, so at best
Simon Lester 25 Mar 2018 3 min read

Are the Section 232 Steel Tariffs Unconstitutional?

Here is the link to the March 15 podcast by Tim Meyer, Jeff Rosen, and discussing the issue of whether Section 232 violates the US Constitution. https://constitutioncenter.org/debate/podcasts/trump-tariffs-and-trade
Charnovitz 22 Mar 2018 1 min read

Brady-Lighthizer ISDS Exchange

Congressman Kevin Brady and U.S. Trade Rep. Robert Lighthizer had a good exchange today on ISDS at a House Ways and Means hearing. Here is a messy transcript (hopefully it is mostly accurate): Brady: You know I'm confident you and your team are going to negotiate a
Simon Lester 21 Mar 2018 5 min read

"Regulatory Chill" in NAFTA

This is from the NY Times: The contentious negotiations over the fate of the North American Free Trade Agreement have veered into one of the world’s most pressing health issues: fighting obesity. Urged on by big American food and soft-drink companies, the Trump administration is using the trade
Simon Lester 21 Mar 2018 2 min read

Litigating GATT Article XXI: The U.S. View of the Scope of the Exception

The U.S. submissions in the Russia - Traffic in Transit case are now available here. Here's an excerpt from the third party oral statement: III. The Text of Article XXI, in its Context, Establishes That the Exception Is Self-Judging 11. Article XXI of the GATT 1994, in
Simon Lester 19 Mar 2018 2 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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