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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,
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

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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