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The End of Zeroing and the Doha Round

A friend of mine and I were just talking about what impact the DOC's proposal to end zeroing in administrative reviews would have on the Doha negotiations.  In this regard, a recent FT article notes: The US trade representative’s office said it would seek to negotiate a
Simon Lester 05 Jan 2011 1 min read

The Bahamas WTO Accession

WTO accessions are often hard to see from the outside.  You only get tiny hints of what's going on.  So, I've been very interested to read what the Bahamians have had to say publicly in relation to how they are thinking about their accession process, which
Simon Lester 05 Jan 2011 6 min read

Report on the Second Oral Hearing in the WTO Airbus Dispute

Here's more reporting on the WTO Appellate Body oral hearings in the Airbus dispute, by Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva.  This is their report of the participants' and third participants'
Simon Lester 02 Jan 2011 1 min read

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

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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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