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The Upcoming TBT Decisions

Here are some dates for those waiting for the Appellate Body to explain key provisions of the TBT Agreement: - The Clove Cigarettes report will be circulated on schedule by April 4. - The Appellate Body will need a little more than the usual 90 days in the Tuna-Dolphin case, with
Simon Lester 25 Mar 2012 1 min read

The Scope of TBT Agreement Article 2.2

From paras. 117-118 of the the U.S. appellant submission in U.S. - COOL, here are two views of the scope of TBT 2.2.  First, the view the U.S. doesn't like: ... In other words, the Panel finds that because the COOL measure does not contribute
Simon Lester 23 Mar 2012 1 min read

Mexico-Brazil Auto Dispute

Long-time reader Daniel Vazquez offers some insights on the Mexico-Brazil auto trade dispute discussed by the WSJ a little while back: After reading this article there are several issues that come to mind. First, why did Mexico give up the fight in the first round? It is understood
Simon Lester 23 Mar 2012 2 min read

Anti-Dumping Duties on Photo Film?

I feel like I'm in a mid-1990s time warp.  From Xinhua: China's Ministry of Commerce imposed five-year anti-dumping duties of 16.2 to 28.8 percent on photographic paper and paperboard from the United States, the European Union and Japan in a final
Simon Lester 23 Mar 2012 1 min read

Prestowitz on Two Trade Games

Here's former U.S. trade negotiator Clyde Prestowitz writing in the FT: As the director of President Reagan’s strike force against unfair trade, I targeted Airbus subsidies and a variety of Japanese trade barriers. Although we achieved positive results in specific cases, in a broader sense we
Simon Lester 20 Mar 2012 3 min read

Further Thoughts on Plain Packaging

Two further thoughts on Australia's plain packaging legislation occurred to me. First, what if Australia had simply banned cigarettes?  Are there differences in relation to trademark protection between (1) a product ban and (2) a narrower ban on using trademarks on the product? Second, let's say
Simon Lester 20 Mar 2012 1 min read

Cigarette Packaging Regulation: The Intersection of Free Speech, Free Trade, Due Process, Property and Intellectual Property

There are at least five legal proceedings going on right now related to government regulation of cigarette packaging.  They are based on a variety of different, but sometimes overlapping, legal claims.  It's difficult to characterize some of these claims, but I am going to give it a shot:
Simon Lester 18 Mar 2012 2 min read

The Plain Packaging WTO Complaint

... is here: http://www.worldtradelaw.net/cr/ds434-1(cr).pdf Here are the legal claims: Australia's measures, especially viewed in the context of Australia's comprehensive tobacco regulatory regime, appear to be inconsistent with a number of Australia's obligations under the TRIPS Agreement, the
Simon Lester 15 Mar 2012 1 min read

More USTR Positions

Presumably this is part of the recent push for more trade enforcement: Job Title:Director of Trade Research Department:Executive Office Of The President ... Serves as the Director of Trade Research responsible for developing plans and strategies in support of litigation before the World Trade Organization (WTO) and in support
Simon Lester 15 Mar 2012 1 min read

Who "Won" the Beef Hormones Dispute?

The BBC reports: The European Parliament has backed a deal that will increase EU imports of beef from the US and Canada and help European food exporters. A row over growth hormones used on North American cattle ranches led to a trade war lasting more than 20 years. The new
Simon Lester 14 Mar 2012 1 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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