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China-Japan Trade Tensions

From the NY Times: Sharply raising the stakes in a dispute over Japan’s detention of a Chinese fishing trawler captain, the Chinese government has blocked exports to Japan of a crucial category of minerals used in products like hybrid cars, wind turbines and guided missiles. Chinese customs officials are
Simon Lester 23 Sep 2010 1 min read

The Two U.S. Complaints Against China

The two recent U.S. WTO complaints against China are here: China - Electronic Payment Services (DS413)China - AD/CVDs on Electrical Steel (DS414)President Obama had this to say on the issue of trade complaints against China in reponse to a question yesterday at a town hall: MR. HARWOOD: China.
Simon Lester 21 Sep 2010 2 min read

U.S. Labeling of Genetically Modified Salmon

First liquor labeling, now salmon labeling (and next up, cigarette labeling).  This is from Jonathan Adler at the Volokh Conspiracy: The Food and Drug Administration is considering whether to approve genetically modified salmon for human consumption. Aquabounty Technologies has submitted its “AquAdvantage” salmon, an Atlantic salmon genetically engineered to mature
Simon Lester 21 Sep 2010 3 min read

Environmental Taxes on Long Haul Airline Travel

In the comments, graduate student Kimani Goddard asks: I am interested in the issue of green taxes on long haul travel being instituted by the British Gov't. It will disproportionately affect the Caribbean islands. I would like to ask what do your readers think of what amounts to
Simon Lester 21 Sep 2010 1 min read

DS412: Local Content Requirements for Renewable Energy

Here's the latest WTO complaint, Canada - Certain Measures Affecting the Renewable Energy Generation Sector (DS412).  It is yet another trade and clean energy dispute, which seem to be proliferating these days. From the consultations request: The measures that are the subject of this request are those taken by
Simon Lester 17 Sep 2010 1 min read

Thai Liquor Labeling and Trade Rules

From the W$J: Alcohol companies world-wide are lining up to fight a Thai plan to require graphic warning labels about alcohol on the country's domestic and imported beer, wine and liquor bottles. The proposed labels—which would cover 30% of the bottles' surface area—include
Simon Lester 17 Sep 2010 2 min read

GATT Article XX and Non-Violation

Wrapping up the series of posts on GATT Article XX, let me ask this:  Can GATT Article XX be a defense to an Article XXIII:1(b) non-violation claim? The "exception" language in Article XX is pretty broad:  "nothing in this Agreement shall be construed to
Simon Lester 17 Sep 2010 1 min read

GATT Article XX(b) - Export Restrictions vs. Production Restrictions

More on GATT Article XX from the complainants' oral statement in the China - Exportation of Raw Materials case: 96. China’s export duties and export quotas on these products are not necessary to protect human, animal, or plant life or health. According to China, the production of coke, magnesium
Simon Lester 16 Sep 2010 1 min read

U.S. Files Case Against Chinese AD/CVD Measures

From USTR: China’s Imposition of Antidumping Duties and Countervailing Duties on U.S. Steel Imports Grain-oriented flat-rolled electrical steel (GOES) is used by the power-generating industry in transformers, reactors, and other large electric machines. The two largest U.S. manufacturers of GOES are AK Steel Corporation,
Simon Lester 15 Sep 2010 2 min read

The Aircraft Dispute: The Boeing Decision

The leaking begins.  From Reuters: An interim report released to the parties on Wednesday backed European complaints over some $17 billion of research contracts from NASA and the Pentagon and approximately $4 billion of tax breaks from Washington state, the source said. The WTO found the aid "actionable"
Simon Lester 15 Sep 2010 2 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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