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National Treatment in the Renco Investor-State Complaint

And here's the final non-discrimination post of the day.  U.S. company Renco Group, on its own behalf and on behalf of its affiliate Doe Run Peru (DRP), has brought an investor-state claim against Peru under the U.S.-Peru Trade Promotion Agreement.  The Notice of Intent to
Simon Lester 27 Jan 2011 2 min read

Non-Discrimination under GATT Article III:2, first sentence

Here's the third non-discrimination post of the day.  Looking over the U.S. responses to the Panel's questions in Philippines - Spirits (DS396/403), it was striking how little discussion of intent/effect issues there was, in comparison with Clove Cigarettes and Tuna, the subject of
Simon Lester 27 Jan 2011 1 min read

National Treatment: Imports from Complainant versus All Imports

For today's non-discrimination post number 2, here's something from the U.S. - Tuna II (DS381) panel's questions to the U.S.: 149. To the United States: You have referred to the treatment afforded to “imported products” under the measures in the context of
Simon Lester 27 Jan 2011 1 min read

The Role of Effect in Non-Discrimination: The Clove Cigarettes Case

There's so much to say about the non-discrimination issue right now that I'm not quite sure where to begin.  I've got four posts here today, and for DSC subscribers I also did one on the DSC blog for the Tuna case.  To start things
Simon Lester 27 Jan 2011 2 min read

Obama's State of the Union Speech: Free Trade and Competition

Here's the speech.  I saw a tension between two parts of it. First, Obama makes the point that it's a competitive world out there: Many people watching tonight can probably remember a time when finding a good job meant showing up at a nearby factory or
Simon Lester 26 Jan 2011 3 min read

U.S. NAFTA Secretariat Job

There's an opening for the head of the U.S. NAFTA Secretariat: Are you interested in assisting U.S. businesses compete globally? The International Trade Administration is the largest federal agency helping U.S. firms to succeed in the world economy.  You can help us create opportunities for
Simon Lester 26 Jan 2011 1 min read

Are We Living Under a "Pro-Corporate Global Governance System"?

Todd Tucker refers to the current trade regime as a "pro-corporate global governance system."  Is that a fair characterization?  Aren't just as many corporations opposed to the system as are for it?  There are winners and losers from every policy -- some corporations are hurt and
Simon Lester 26 Jan 2011 1 min read

Intra-National Free Trade: Super Bowl Edition

This story has a similar feel to the concerns about producing the U.S. flag abroad: A Wisconsin towel maker is smack-dab in the middle of the Green Bay Packer-Pittsburgh Steeler Super Bowl matchup. McArthur Towel and Sports, a WinCraft company, has been producing officially licensed sports towels for years,
Simon Lester 26 Jan 2011 1 min read

Legal Protectionism: Tariffs vs. Other Measures

Todd Tucker of Global Trade Watch recently complained that the WTO Government Procurement Agreement restricts the ability of the U.S. government to favor domestic solar panel producers through its Buy America procurement policies: ... dig a bit deeper into the NYT story to understand what the phrase "subject to
Simon Lester 25 Jan 2011 3 min read

Korea FTA Hearing Going on Now

The House Ways and Means Committee is holding a hearing on the Korea FTA.  Todd Tucker is live blogging it here.  You can view the live stream here.
Simon Lester 25 Jan 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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