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Will the WTO Tyres Decision Help Free Trade?

On its face, today's panel report finding that U.S. tariffs on Chinese tires do not violate WTO rules could be seen as a victory for protectionism.  But looking at the larger picture, will allowing these tariffs help to promote free trade?  This is from the FT: The
Simon Lester 13 Dec 2010 1 min read

"Outsourcing" and "Globalization" in Today's U.S - Tyre's Report

This is from the the Panel's "preliminary observations" in today's U.S. - Tyres WTO panel report: 7.6 ... the investigation that led to the imposition of a safeguard measure in this case against the importation of tyres from China was initiated, unusually, as
Simon Lester 13 Dec 2010 1 min read

Investor-State in Australian Trade Agreements

Some in Australia are still skeptical of investor-state dispute settlement.  This is from Chapter 14 of today's Productivity Commission report on bilateral and regional trade agreements: It is the Commission’s assessment that although some of the risks and problems associated with ISDS can be ameliorated through the
Simon Lester 13 Dec 2010 3 min read

Less Favorable Treatment in the Clove Cigarettes Case

There are some good non-discrimination cases going on right now in WTO dispute settlement (including the Philippines - Spirits case mentioned here).  For DSC subscribers, here is a run-down we did of the U.S. position on GATT Article III:4 less favorable treatment issues in the U.S. -
Simon Lester 12 Dec 2010 2 min read

Investor-State in the CETA

Including investor-state in the Comprehensive Economic and Trade Agreement between Canada and the EU would, in my view, be a big deal in a number of ways (including the number of investments covered): A controversial NAFTA provision that allows corporations to seek compensation from governments is likely to be included
Simon Lester 12 Dec 2010 1 min read

The KORUS FTA U.S. Auto Quota and GATT Article XXIV

This is from the White House fact sheet on the KORUS FTA: Automotive Safety Standards:  Safety standards have effectively operated as a non-tariff barrier to U.S. auto exports.  The 2010 supplemental agreement announced today allows for 25,000 cars per U.S. automaker – or almost four times the number
Simon Lester 10 Dec 2010 5 min read

Investor-State, the TPP, and the Philip Morris BIT Claim

Is the BIT investment claim by Philip Morris against Uruguay going to make it difficult to get investor-state in the TPP? From an NZ online publication: The Greens have stepped up their attack on a planned trans-Pacific free trade zone after tobacco giant Philip Morris called for the right to
Simon Lester 10 Dec 2010 2 min read

Could an FTA Hurt Imports?

I'm not sure I understand this article from the Philadelphia Inquirer: The 150,000 shiny new Hyundai and Kia cars expected to arrive annually through the Port of Philadelphia will not be hurt by a proposed free-trade agreement between the Obama administration and South Korea, officials said. Since
Simon Lester 10 Dec 2010 1 min read

Expanding Investor-State?

Investor-state dispute settlement has been heavily criticized by many people who are opposed to international trade and investment rules generally.  Would making this kind of dispute settlement available to entities other than "investors" make it more palatable to the critics?  This is from an article in Slate: One
Simon Lester 09 Dec 2010 1 min read

House Ways and Meaning Hearing on Investment Protection

Congressional committee hearings are often interesting, but they are difficult to blog about.  The Q & A is the best part, but an official transcript -- which is much more blog-friendly than typing things up as they go along -- doesn't come out for a while.  So, that&
Simon Lester 09 Dec 2010 6 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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