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More on Article III:2, first sentence discrimination in Philippines - Spirits

Recall this post on the EU position in the Philippines - Distilled Spirits (DS396,403) case in relation to Article III:2, first sentence, where I characterized the EU argument on the discrimination aspect of this standard as follows:  "the discriminatory effect (or disparate impact or disproportionate disadvantage or
Simon Lester 30 Dec 2010 1 min read

Infant Industry Protection in 19th Century America

It has been argued -- for example, here -- that today's industrialized countries got that way (that is, industrialized) by using a tariff to protect their infant industries from foreign competition, and that by using trade agreements to prevent developing countries from doing the same, the industrialized countries
Simon Lester 30 Dec 2010 2 min read

A DOC Proposal to Stop Zeroing

From today's Federal Register (PDF version here), a proposed rule by the U.S. Department of Commerce to stop zeroing in administrative reviews: Proposal for Calculating the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings and Request for CommentPursuant to section 123(g)(1)
Simon Lester 28 Dec 2010 4 min read

The India Visa Fee Issue is Back

Recall the issue with a U.S. law that imposed a fee on visa applications where the companies involved have a high percentage of workers who use the special visas given to skilled foreign workers, discussed here and here.  There seemed to be a disparate impact on India, and hence
Simon Lester 27 Dec 2010 3 min read

Offshoring Lawyers

From The Economist: Some legal tasks cannot be done cheaply. If the fate of your company hinges on the verdict, you will want a brilliant lawyer to argue your case. But plenty of legal jobs are routine. American law firms typically get fresh law graduates to do such grunt work
Simon Lester 27 Dec 2010 1 min read

A Discussion of Remand in EC - Aircraft

I just noticed the EU's brief discussion of remand in its closing memorandum following the first hearing in the EC - Aircraft appeal: E. Completion of the Analysis and Remand 50. As the European Union stated in its Opening Statement, as a result of the Panel’s erroneous
Simon Lester 23 Dec 2010 2 min read

Reporting on the GATT Negotiations

It's pretty well established that trade agreements today are controversial.  But how does the situation compare to the past?  I was recently digging around the NY Times archives for something non-trade related, and I thought I'd see what was being said about the original GATT negotiations.
Simon Lester 23 Dec 2010 4 min read

Public Opinion on Investor-State

From a New Zealand publication: Concerns that the Trans Pacific Partnership (TPP) will result in the New Zealand Government being successfully sued by international corporations are unfounded and incorrect, says the NZ US Council. "It is absurd to suggest that the New Zealand Government would be so naive to
Simon Lester 23 Dec 2010 1 min read

Cato Goes after Anti-Dumping

From Cato's Dan Ikenson, writing in Forbes: The U.S.antidumping law still enjoys broad bipartisan support in Congress and within pockets of the executive branch. Although some of that support can be chalked up to politicians representing the narrow interests of influential constituencies that have mastered the
Simon Lester 21 Dec 2010 2 min read

GSP and the U.S. Sleeping Bag Industry

Reuters reports: Valuable U.S. trade benefits for about 130 developing countries could expire at  the end of the year because of a Republican senator's objection to duty-free  treatment for sleeping bags from Bangladesh.    With Congress hoping to finish its work this week, Alabama Senator Jeff  Sessions is
Simon Lester 21 Dec 2010 7 min read

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Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

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