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Another Candidate for U.S. Trade Rep.?

From Doug Palmer at Reuters: NBC's local affiliate in the Dallas area reported on Sunday it had been told by an "extremely high level source" that [former Dallas Mayor Ron] Kirk was one of two finalists for two different administration jobs: U.S. trade representative and
Simon Lester 15 Dec 2008 1 min read

The AB Report on China-Auto Parts

This is a supplemental posting to Henry’s earlier posting on China-Auto Parts.   FACTS   Under a special regime (such as Decree 125), China imposed 25% duty on those imported auto parts, which meet certain criteria, as if they were “complete vehicles,” subject to the complicated post-importation verification and other administrative
Sungjoon Cho 15 Dec 2008 2 min read

Merry Christmas to China - from Geneva

The AB report for the Auto Parts case has just been released to the public. Not surprisingly, the AB affirmed the Panel on almost all accounts. However, by refusing to affirm the panel on the Art. II.1 claims, the AB has left a huge loophole in the future implementation
Henry Gao 15 Dec 2008 1 min read

The Bush-Schwab Policy on the Colombia FTA Has Failed

The recent adjournment of the 110th Congress provides the final verdict on the Bush Administration’s strategy for securing the enactment of the Colombia-US Free Trade Agreement.  The verdict is that the non-cooperative strategy of President Bush and U.S. Trade Representative Susan Schwab failed miserably. By way of background,
Charnovitz 14 Dec 2008 3 min read

Dani Rodrik on Policy Space

Dani Rodrik argues: Developing nations also need to enshrine the notion of "policy space" in the World Trade Organization. The goal would be to ensure that developing countries can employ the kind of trade and industrial policies needed to restructure and diversify their economies and set the stage
Simon Lester 14 Dec 2008 1 min read

Barcelo on Burdens

John Barcelo has posted an article on SSRN called "Burden of Proof, Prima Facie Case and Presumption into WTO Dispute Settlement."  The abstract: The essay maintains that the WTO Appellate Body's concepts and terminology concerning a claimant's burden of proof-the concepts of prima facie
Simon Lester 12 Dec 2008 2 min read

More Muddling of "Interpret" and "Clarify"

In the recent decision in Bananas, the AB had this to say about "interpretations" under WTO Agreement Article IX:2: 383. Multilateral interpretations of provisions of WTO law are the next method identified above. Article IX:2 of the WTO Agreement sets out specific requirements for decisions that
Simon Lester 12 Dec 2008 1 min read

Trade in Everything: Hooter's Restaurants

From the Palm Beach Post: The American Owl — the Chinese name for Hooters — has capitalized on such trademarks of American culture to prosper in China.  Since opening the first American Owl in 2004, owner Jim Li has expanded the chain to five restaurants in three cities. "Hooters has a
Simon Lester 12 Dec 2008 1 min read

Eric Posner Imagines a Non-Discriminatory Auto Bailout

From the Volokh Conspiracy: The government would offer cheap loans to foreign automakers as well as domestic automakers, for example. The stimulus would benefit the Japanese and German economies as well as the American economy, but it would not give any advantage to American automakers unless their problem is really
Simon Lester 11 Dec 2008 1 min read

A (Limited) Obama NAFTA Update

From an interview with the LA Times: Q: ... Also, on NAFTA, we've heard that you might support maybe a study and then a report, instead of a wholesale reworking of the agreement right away? [Obama]: Well look, my economic team is reviewing these issues. You know, I'
Simon Lester 10 Dec 2008 1 min read

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Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

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

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