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Today's DSB Meeting

A quick run-down, with links: -- Panel requested by Canada and Mexico on U.S. country of origin labeling (DS384 and 386): established. -- Panel requested by the U.S. on EC restrictions on poultry imports (DS389): established. -- Panel requested by the EC, Mexico and the U.S. on Chinese export
Simon Lester 19 Nov 2009 1 min read

Eligibility Criteria for U.S. Trade Preference Programs

From a statement by USTR General Counsel Tim Reif to the House Committee on Ways and Means Subcommittee on Trade, related to the eligibility criteria for U.S. trade preference programs: First, the criteria were intended to and have achieved four core goals: (1) strengthened the rule of law in
Simon Lester 19 Nov 2009 2 min read

Concurrent AD/CVD Investigations by DOC in the NME Context

Yes, I know, that's a lot of acronyms in the post title! Those who read my previous post on this topic may have noticed that I buried the NME issues towards the end.  You may have suspected that was because I wasn't quite sure what to
Simon Lester 18 Nov 2009 4 min read

Old Hawaiian Case Applying GATT (Articles III and XX) Law

I've often seen references to the 1957 Hawaiian court case Territory v. Ho, in which a Hawaiian law requiring those selling foreign eggs to display a "WE SELL FOREIGN EGGS" sign was struck down as a violation of the GATT (via Article VI, clause 2 of
Simon Lester 17 Nov 2009 7 min read

More Krugman on China's Currency Value

I'm beginning to think that Paul Krugman is the only one more obsessed with the Chinese currency value issue than I am (not that I agree with all of his views of the issue, but I do share his interest).  As Dan Drezner notes, here is yet another
Simon Lester 16 Nov 2009 2 min read

The Burley Tobacco Producers Make Their Case

From an op-ed by the president of the Burley Tobacco Growers Cooperative Association, in The Hill: Less than a month after Prime Minister Stephen Harper visited Washington to lecture President Obama about the dangers of “Buy American” laws, his government passed a “Buy Canada” tobacco ban that violates Canada’
Simon Lester 16 Nov 2009 1 min read

Staiger and Sykes on Trade Agreements and Domestic Regulation

Robert Staiger and Alan Sykes have posted "International Trade and Domestic Regulation" on SSRN.  From the abstract: Employing the terms-of-trade framework for the modeling of trade agreements, we show how  "large" nations may have an incentive to impose discriminatory product standards against imported goods
Simon Lester 15 Nov 2009 5 min read

IEL Lectureship at University of Edinburgh

Here: Applications are invited for a Lectureship (UE08) in the School of Law from candidates with research interests in either or both of international commercial arbitration and international trade law. Applications would also be welcome from candidates with an interest in international investment law. Candidates may have either a private
Simon Lester 15 Nov 2009 1 min read

Laura Tyson on Foreign TRIMs

Writing in the Harvard Business Review, Laura D'Andrea Tyson is concerned about trade related investment measures (TRIMs) in the high-tech sector: Too often foreign governments committed to building their own high-tech economies pressure American companies to outsource their activities. They do this in two ways: by
Simon Lester 12 Nov 2009 2 min read

Mercurio and Leung: "Is China a 'Currency Manipulator'?"

Bryan Mercurio and Celine Sze Ning Leung have posted "Is China a 'Currency Manipulator'?: The Legitimacy of China’s Exchange Regime Under the Current International Legal Framework" on SSRN.  Here's the abstract: While most economists are in agreement that China’s currency is undervalued,
Simon Lester 12 Nov 2009 2 min read

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Featured

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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