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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? The Appellate
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
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
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
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
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
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
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
Simon Lester 05 May 2011 1 min read

Barriers to Trade in Legal Services

From today's Federal Register, here is a recent Section 302 petition to USTR: On March 14, 2011, Mr. Peter M. Haver filed a petition on his own behalf pursuant to Section 302 of the Trade Act addressed to acts, policies, and practices of the Government of Germany regarding
Simon Lester 04 May 2011 3 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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