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Extinguishment of Subsidies: Three Members, Three Opinions

In case there was any doubt that the issue of whether subsidies can be "extinguished" through privatizations or other sales of a company, the three members of the Appellate Body Division in EC - Aircraft set out three separate opinions on the issue: 726. Although the Members of
Simon Lester 19 May 2011 4 min read

The EC - Aircraft Appellate Body Report: The New Export Subsidy Standard

From the report: 1044. Because anticipated exportation "alone is not proof that the granting of the subsidy is tied tothe anticipation of exportation"2342, the legal standard for  de facto  export contingency under Article 3.1(a) and footnote 4 of the SCM Agreement further requires that there
Simon Lester 18 May 2011 3 min read

The EC - Aircraft Appellate Body Report

Here it is on our web site.  The big issues I was looking at are: -- Is launch aid a program? -- Can certain launch aid contracts at issue be considered "export subsidies"? Here's what the Appellate Body said on each: Is launch aid a program?
Simon Lester 18 May 2011 3 min read

Even More Double Remedies

AFP reports: China said Monday it would levy anti-subsidy duties of up to 11.19 percent on imports of EU potato starch, in apparent retaliation over Brussels' decision to slap taxes on Chinese fine art paper. The commerce ministry said in a statement that importers of potato starch will
Simon Lester 16 May 2011 4 min read

More Double Remedies

From the WSJ, this time it's the EU imposing both anti-dumping and countervailing duties: China said Saturday the European Union's move to slap tariffs on imports of Chinese coated fine paper is against the world trade organization principle and it will take measures to protect local
Simon Lester 15 May 2011 1 min read

The Tuna-Dolphin Interim Panel Report

The interim panel report in the Tuna-Dolphin case (DS381) is out.  Here's Washington Trade Daily: A World Trade Organization dispute settlement panel on Friday issued a mixed ruling concurring with Mexico that US “dolphin-safe” labeling rules cause more restrictions than necessary under global trade rules, WTD has learned
Simon Lester 13 May 2011 1 min read

Which "Developing" Countries Should Benefit from Tariff Preferences?

The EU is rethinking things: The European Union intends to increase tariffs on developing countries including China, India and Brazil under a plan to give only the neediest nations preferential access to the world’s biggest market. The European Commission proposed to deny faster-growing emerging economies tariff reductions granted through
Simon Lester 10 May 2011 1 min read

USCIB on Investor-State in the TPP

I've always had doubts about certain aspects of substantive international investment law and the investor-state dispute mechanism.  I know it has strong support in the business community, but in terms of free market/trade liberalization type policies, I'm not sure how it fits in.  Via Luke
Simon Lester 10 May 2011 2 min read

More from Todd Tucker on Prudential Regulation

Todd Tucker has more to say on prudential regulation: Say a policy is non-prudential, like banning Internet gambling. In a WTO challenge of that ban, the first part of the dispute settlement hearing would be dedicated to figuring whether a country violated its GATS Article XVI commitments. (This article sets
Simon Lester 06 May 2011 3 min read

More Jobs: Assistant USTR for Trade Policy & Economics

Job Title: ASSISTANT U.S. TRADE REPRESENTATIVE FOR TRADE POLICY AND ECONOMICS The incumbent serves as the Assistant U.S. Trade Representative for Trade Policy and Economics. The Office is responsible for managing a staff of professionals engaged in the intra-agency and interagency trade policy coordination.  The Office also provides
Simon Lester 05 May 2011 1 min read

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The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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

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