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The AD/CVD Overlap for NMEs: From the Courts to Congress

Recall that the U.S. Court of Appeals for the Federal Circuit recently decided that the Department of Commerce (DOC) may not apply countervailing duties to non-market economy countries.  The FT reports that the effort to amend U.S. law so as to overrule this decision has begun: This
Simon Lester 23 Jan 2012 1 min read

Time to Crack Down on Anti-Dumping Abuses?

In a recent Harvard International Law Journal article, law prof Mark Wu argues that now is the time for the U.S. and EU to start reining in anti-dumping: For the United States and EU, if the current rules remain unchanged, then one day in the not-too-distant
Simon Lester 23 Jan 2012 1 min read

Florida Grapefruits and the SPS Agreement

My local paper reports that there may be an SPS case originating not too far from me: Florida's war against canker ended in 2006, but six years later a battle is still being waged on the international front. Florida, specifically the Indian River region, is the world'
Simon Lester 20 Jan 2012 1 min read

Keystone and NAFTA Chapter 11

Todd Tucker of Global Trade Watch explains how President Obama's decision to stop the Canadian-owned Keystone oil pipeline could lead to a NAFTA Chapter 11 claim: ... TransCanada could point to a long string of overtures by the U.S. government that led it to develop "legitimate
Simon Lester 20 Jan 2012 1 min read

China vs. Brazil at the WTO?

To date, China has brought 8 complaints at the WTO, six against the U.S. and two against the EU. China also has 23 complaints against it.  Again, the U.S. and EU dominate, with 12 complaints by the U.S. and five by the EU.  There is a little
Simon Lester 18 Jan 2012 2 min read

Submissions for the European Yearbook of International Economic Law

From the editors of the European Yearbook of International Economic Law (EYIEL): The editors of European Yearbook of International Economic Law (EYIEL) invite contributions from prospective authors with unpublished articles or working papers for EYIEL Volume 5 (2014) to be published at the end of 2013. The contributions should discuss
Simon Lester 18 Jan 2012 1 min read

And Yet More on the End of China's NME Status

Back in November, I mentioned a blog post by trade lawyer Bernard O'Connor arguing that the end of China's NME status might be further off than many people think.  There was some good discussion of these issues in the comments to that post.  Then in December,
Simon Lester 16 Jan 2012 2 min read

More on the Reorganization of U.S. Trade Agencies

First up, the White House press briefing, with some more details on the plan, is here: http://www.whitehouse.gov/the-press-office/2012/01/13/press-gaggle-press-secretary-jay-carney-and-omb-deputy-director-manageme Second, here are some links to what others have been saying: Dan Drezner:
Simon Lester 16 Jan 2012 3 min read

No Appeal under TBT 2.2 in the Clove Cigarettes Case

The Jakarta Post reports: Indonesia will not lodge an appeal against a WTO ruling on the import ban of flavored tobacco by the US, citing satisfaction despite losing its argument on the efficacy of the ban in reducing the number of young smokers. Director general for international trade Gusmardi Bustami
Simon Lester 14 Jan 2012 1 min read

Reorganizing U.S. Trade Governance

From the AP: President Barack Obama will ask Congress on Friday for greater power to shrink the federal government, and his first idea is merging six sprawling trade and commerce agencies whose overlapping programs can be baffling to businesses, a senior administration official told The Associated Press. Obama will call
Simon Lester 13 Jan 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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