Trade Flows and Washington Updates

Making Antidumping and Subsidy Orders More Effective: Lessons from Recent Appellate Court Decisions
July 18, 2019 by Geert De Prest

Attorneys drafting a petition's product scope face a trade-off. Broadly-worded scope descriptions are helpful to preserve an effective remedy that is resistant to circumvention efforts. Such broad descriptions, however, may also complicate obtaining affirmative injury determinations and may continue to generate product scope issues the outcome of which may be difficult to predict.  

The WTO’s Appellate Body - R.I.P.
July 18, 2019 by Terence P. Stewart

For the last two years, the United States has gone to great lengths to catalog its concerns with the WTO’s Appellate Body (AB) and the need to address how the Appellate Body had gone off the tracks (in the U.S.’s view) and how to ensure that the Dispute Settlement Understanding (DSU) as negotiated and agreed by WTO Members is followed absent Member agreement to the contrary.

The U.S.-China Trade Dispute: What Are the Possible Options Going Forward After the Missed Opportunity of May?

China has been a rapidly growing economy for several decades. The challenges for the United States and many other trading partners is that China has moved away from a path of adopting market economy principles and has instead reverted to a state-directed economic model – a model not adequately addressed by current WTO rules with the result that there are longstanding grievances for the U.S. and other trading partners that are not addressable within the WTO, at least at the present time.

President Trump Declares a National Emergency Regarding Threats Against Information and Communications Technology and Services in the United States; Commerce’s Bureau of Industry and Security (BIS) Adds Huawei to its Entity List
May 17, 2019 by Terence P. Stewart

On May 15, 2019, President Trump signed an Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain.” The Executive Order is numbered 13873, and was published in the Federal Register on May 17, 2019. 84 FR 22,689-22,692.

USTR Proposes to Impose Additional Duties of 25% on $300 Billion of Chinese Products, Seeks Public Comments, and Will Hold a Hearing
May 15, 2019 by

On May 13, 2019, the Office of the U.S. Trade Representative (USTR) posted a notice of a proposed modification to the actions it has previously taken in the Section 301 investigation of the acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation.

China Increases Retaliatory Tariffs on U.S. Goods
May 13, 2019 by Rui Fan

The Chinese government has announced today (May 13, 2019) that it is revising upward some of the tariffs on selected U.S. goods that went into effect on September 18, 2018.

Blockchains and Customs: Prospects and Possibilities
April 26, 2019 by Nicholas J. Birch

One of the cutting-edge technologies currently generating much excitement and commentary in many fields is “blockchain.” Blockchains are finding use in systems as varied as banking, healthcare, and voting.

WTO Reform of the Dispute Settlement System - A New Proposal from Japan and Australia is a Step in the Right Direction
April 22, 2019 by Terence P. Stewart

During the last two years, the WTO has been wrestling with concerns outlined by the United States over the last nearly two decades on the operation of the dispute settlement system, most particularly the actions of the Appellate Body.

WTO Panel Upholds the Use of “Zeroing” in a Targeted Dumping Analysis
April 15, 2019 by Terence P. Stewart

On April 9, 2019, a WTO panel in an antidumping dispute between the United States and Canada concerning softwood lumber approved the use of “zeroing” by the United States in calculating dumping margins for export transactions found to be targeted to certain purchasers, regions, or time periods.

The WTO Panel Report on Article XXI and its Impact on Section 232 Actions

On Friday, April 5, 2019, a World Trade Organization (“WTO”) panel issued its report interpreting Article XXI of the 1994 General Agreement on Tariffs and Trade (“GATT 1994”) —the so-called “essential security exception”—in a dispute between Russia and Ukraine.

The United States To Terminate GSP Designation of India and Turkey
March 6, 2019 by Terence P. Stewart and Lane S. Hurewitz

As instructed by President Trump, on March 4, 2019 the U.S. Trade Representative announced that the United States intends to terminate India and Turkey’s designations as beneficiary developing countries under the Generalized Systems of Preferences program.

2019 - A High Stakes Year for U.S. Trade Policy and the Future of U.S. Trade Relations
February 19, 2019 by Terence P. Stewart

When President Trump became President in 2017, one of his first acts was to withdraw from the Trans-Pacific Partnership Agreement (TPP) that had been negotiated and signed by the Obama Administration.

The 2018 USTR Report to Congress on China’s WTO Compliance - A Strong Message That Change is Needed
February 5, 2019 by Terence P. Stewart

On February 4, 2019, the U.S. Trade Representative’s Office (USTR) released its 2018 Report to Congress on China’s WTO Compliance, the 17th such report but perhaps the most insightful.   Media reports have focused on the report’s advocacy of reform at the WTO to address the very different economic system that China continues to pursue, noting that that effort is not likely to succeed.

China Update: Four Big Issues Impacting U.S. China Relations and China’s Economic Future
January 25, 2019 by Rui Fan

This trade flow provides updates on four critically important issues for U.S.-China economic relations and the Chinese economy: the U.S.-China trade dispute, China’s industrial excess capacity, the “Made in China 2025” initiative, and the Belt and Road Initiative.

Statutory Changes Enable the Commerce Department to Determine More Accurate Foreign Producer Costs in Antidumping Investigations
January 9, 2019 by Shahrzad Noorbaloochi and William A. Fennell

The Trade Preferences Extension Act of 2015 has granted the Department of Commerce (“Commerce”) increased authority to make adjustments to a foreign producer’s reported home market sales prices or production costs as “outside the ordinary course of trade” in determining whether the producer has been dumping such exports in the United States.

Proposals For WTO Dispute Settlement Reform - A First Step But Not Enough
November 29, 2018 by Terence P. Stewart

On November 23, 2018, two documents were circulated to WTO members for consideration at the December 12, 2018 General Council meeting proposing amendments to the WTO’s Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) with the intention of addressing the concerns raised by other WTO members about the functioning of the WTO’s dispute settlement system.

Update on the Chinese Economy and China’s Role in the WTO
November 19, 2018 by Rui Fan

There is significant current interest in possible WTO reform among a number of important WTO members. There is also significant concern about the Chinese economic model and whether it comports with or is subject to trading rules designed by market economy countries like the U.S. and the EU.

The U.S.-Mexico-Canada Agreement - An Important Updated FTA for North America
November 14, 2018 by Terence P. Stewart

On November 14, 2018, I participated in a program put on by the U.S.-Canada Law Institute and prepared a paper entitled “The USMCA & United States-Canada Trade Relations: The Perspective of a U.S. Trade Practitioner”.

Data Privacy Protection in the EU, the U.S., and Around the World: Does the EU's GDPR Provide a Guide Path?
November 13, 2018 by William A. Fennell and Stephanie T. Rosenberg

The European Union’s General Data Protection Regulation (“GDPR”) establishes a clear vision for the level of data privacy protection that it believes is appropriate for developed countries, and, indeed, the world-wide web, at this point in the 21st century. It could become the default standard for all countries that wish to protect their citizens from unwarranted electronic intrusion.

The Future of the WTO - Will Reform Happen in a Timely Manner?
November 8, 2018 by Terence P. Stewart

In a world of rapid technological change, the WTO can be characterized as operating on rules developed in the last century where the ability to change has proven very elusive with an ever expanding membership of countries and territories with very different economic systems and various levels of development and a decision system premised on consensus.

Determining a Product’s Country of Origin after Further Manufacture or Assembly in a Third Country for Purposes of Section 301 Tariffs
November 5, 2018 by Shahrzad Noorbaloochi and Jennifer M. Smith

In a recent ruling, United States Customs and Border Protection has determined that Chinese-origin goods that are assembled in and exported from a third country remain subject to Section 301 tariffs unless they have been “substantially transformed” in the third country.

Imports and National Security - An Update
October 24, 2018 by Terence P. Stewart and Shahrzad Noorbaloochi

Governments have many tools that they use to protect a nation’s security. In the United States, one can think of the traditional military action, diplomacy, export controls, sanctions, immigration controls, and border controls as among the tools that can be used to protect the homeland from various types of threats.

The United States-Mexico-Canada Agreement (USMCA) - An Upgrade of the Trade Relationship Among North American Neighbors
October 11, 2018 by Terence P. Stewart

The United States-Mexico-Canada Agreement (USMCA) is a trilateral trade agreement between the United States and its two neighbors, Canada and Mexico.  The three countries announced the new free trade agreement (FTA) on September 30, 2018.

Reform at the WTO - Will It Happen?
August 21, 2018 by Terence P. Stewart

The World Trade Organization came into existence in January 1995 amidst much hope with a greatly broadened membership, a significantly broadened mandate, including services, trade-related aspects of intellectual property, the reintegration of textiles, and the start of reform in the agricultural sector, and a more binding dispute settlement system.

Will 2018 Go Down as the Year that Key WTO Members Abandoned Basic Commitments to WTO Obligations?
June 29, 2018 by Terence P. Stewart

The World Trade Organization (WTO) is in crisis in 2018, due to Member country discord. The various agreements that make up the WTO are mostly 25 years old and reform is needed. The negotiating function at the WTO, which requires consensus on major issues by 164 Member countries for progress, has proven incapable of addressing most of the issues confronting the system.

China, 301, and the Search for Reciprocity
April 25, 2018 by Terence P. Stewart

On April 25, 2018, the Global Business Dialogue held an event at the National Press Club titled, “Searching for Reciprocity: Section 301 and the Future of U.S.-China Trade”. In a paper prepared for the event, the author reviews the serious and longstanding U.S. concerns in areas such as forced technology transfer, discriminatory licensing restrictions on U.S. companies, outbound investments in strategic industries and cyberattacks, theft of intellectual property, and the Trump Administration’s investigation under section 301 of the Trade Act of 1974, as amended, of these practices and its conclusions on the same.

Can the WTO Be Saved From Itself? - Not without a major crisis, and probably not even then
April 13, 2018 by Terence P. Stewart

On April 13, 2018, the Washington International Trade Association held an event looking at the question, “Is the Multilateral Trade Dispute Settlement System Broken?” As a panelist, I prepared a paper that was focused on the U.S. government’s stated concerns and carried the title noted above.

No Term Limits for the Chinese President
March 14, 2018 by Terence P. Stewart

On Sunday, February 25, China’s state-run Xinhua News Agency published a twenty-one point proposal by the Chinese Communist Party (“CCP”) Central Committee for amending the Constitution. Among them, point 14 proposed that under Article 79, “The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms” be changed into “The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress,” effectively abolishing the traditional 10-year limit.

Findings by Commerce Secretary Ross That Imports of Steel and Aluminum Threaten National Security and Recommendations to the President to Address
February 20, 2018 by Terence P. Stewart

In a trade flow in April of last year, I reviewed the structure and process under Section 232 of the Trade Expansion Act of 1962, as amended, based on the Commerce Department’s initiation on April 19, 2017 of an investigation into imports of steel into the U.S. and their effect on national security. See A second 232 investigation was initiated one week later on April 26, 2017, on imports of aluminum into the U.S.

Storm Clouds in Geneva - The Building Crisis Over the WTO Dispute Settlement System
February 7, 2018 by Terence P. Stewart

Since last summer, the WTO’s Dispute Settlement Body has been considering whether to set in motion a process for identifying, vetting and appointing one to three Appellate Body members based on (originally) expiring terms and now three vacancies.

Safeguard Relief – An Integral Part of the Global Trading System
January 29, 2018 by Terence P. Stewart

At the beginning of the week, the President issued two Proclamations providing safeguard relief to the domestic solar cell industry and to the large residential washing machine industry. These Proclamations followed investigations by the U.S. International Trade Commission pursuant to section 201 of the Trade Act of 1974, as amended (19 U.S.C. 2251 et seq.), and subsequent interagency review of potential remedies and other issues.

WTO Dispute Settlement – Two Decades of Issues Reach a Tipping Point for the United States
December 20, 2017 by Terence P. Stewart

In a paper provided to participants at a Global Business Dialogue event on December 20th, Terence Stewart, Managing Partner of Stewart and Stewart, reviewed the areas of concern to this and prior Administrations in the functioning of the Dispute Settlement system at the World Trade Organization.

China’s WTO Challenge to its Treatment as a Non-Market Economy under Antidumping Laws – Briefing Underway Paints a Much Different Picture than the Claims Made by China
November 30, 2017 by Terence P. Stewart

When China joined the World Trade Organization at the end of 2001, its Protocol of Accession was the longest ever submitted to the WTO (or the GATT before it). China has long complained about being “discriminated” against by the terms it accepted as part of its accession.

Updated USTR NAFTA 2.0 Negotiating Objectives Released November 17, 2017 -- What’s New?
November 21, 2017 by Terence P. Stewart

The United States is conducting trade negotiations with Canada and Mexico to update and modify the North American Free Trade Agreement under trade promotion authority authorized pursuant to the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.

China is not a market economy; the implications for the trading system are many
November 8, 2017 by Terence P. Stewart

The Chinese government does not pretend to operate a market economy and in fact maintains extensive controls over many aspects of the economy. China has been promoting the position that it is entitled to be treated as a market economy simply because of the passage of time since its accession to the World Trade Organization (“WTO”) and is pursuing WTO disputes on this premise.

Third Round of NAFTA Negotiations Conclude in Ottawa, Canada; Fourth Round Scheduled for October 11-15 in Washington, D.C.
September 28, 2017 by Terence P. Stewart

Canada, Mexico and the United States continued their intense series of negotiations on modernizing/modifying NAFTA in Ottawa during September 23-27 and will have a fourth formal session in Washington on October 11-15. Some of the easier chapters are making god progress according to reports from the negotiators. In a new trade flow, Stewart and Stewart Managing Partner Terence Stewart reviews progress reportedly being made to date, reviews some of the more contentious issues that await negotiations. Stewart and Stewart also completed its comparison texts between the original NAFTA chapters and annexes and those included in the Trans-Pacific Partnership Agreement (“TPP”) to which the United States, Canada and Mexico were parties prior to the U.S. withdrawal earlier this year. The TPP texts are expected to serve as a template for updating a number of the topics under review by the three countries. The comparison texts can be found here.

Safeguard Petition from Solar Cell and Module Producers Comes Up for a Vote at the U.S. International Trade Commission on September 22
September 14, 2017 by Terence P. Stewart

The Section 201 safeguard provision of U.S. trade remedy law has been rarely used over the last decades. After roughly fifteen years, new matters are before the U.S. International Trade Commission. A case on Crystalline Silicon Photovoltaic Cells and Panels is up first, with a vote on injury on September 22. Global excess production capacity of these solar products has led to a collapse in global prices and the elimination of a large part of the U.S. industry In a new Trade Flow article, Managing Partner Terence Stewart discusses safeguards, this case and possible remedies that may result from an affirmative determination.

Who Sets the Rules for Who Can Serve on the Appellate Body of the World Trade Organization?
September 1, 2017 by Terence P. Stewart

When the World Trade Organization was created nearly twenty-three years ago, a new feature of the global trading system was a dispute settlement system that both had the opportunity for appeals from panel decisions and made the final decisions (whether panel or Appellate Body) “binding”, i.e., the decision could not be blocked by the losing party.

NAFTA 2.0, an update and additional comparisons of existing NAFTA texts and TPP texts
August 24, 2017 by Terence P. Stewart

The U.S., Canada, and Mexico met in Washington, D.C. last week, from August 16-20, for the initial round of renegotiations/modernization of the NAFTA.

The NAFTA Renegotiation is the Logical First Place to Address the Needs of Perishable, Seasonal, and Cyclical Agricultural Products
August 23, 2017 by Terence P. Stewart

The Trump Administration has been reportedly planning to introduce proposals within the NAFTA negotiations started last week to address the special needs of perishable, seasonal, and cyclical agricultural products within the trade remedy area.

USTR’s 301 Investigation on China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation – An Important Opportunity to Address Long-Standing Distortions in our Bilateral Relationship
August 21, 2017 by Terence P. Stewart

President Trump signed a Presidential Memorandum to the U.S. Trade Representative on August 14, 2017 directing the USTR to determine “whether to investigate any of China’s laws, policies, practices or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology developments.” 82 FR 39,007 (August 17, 2017).

Terence P. Stewart files comments to USTR responding to the Executive Order regarding trade agreements violations and abuses
July 28, 2017 by Terence P. Stewart

President Trump has issued a series of Executive Orders in the trade area, some of which require studies to facilitate a consideration of issues to be addressed in U.S. trade policy in his Administration.

NAFTA Negotiations Start Late Summer – An Opportunity Not Only to Update But to Address Underlying Causes of Continuing Distortions
June 6, 2017 by Terence P. Stewart

The Trump Administration on May 18th notified Congress of its intent to enter into trade negotiations with Canada and Mexico to update (“modernize”) the 1990s agreement and to address issues of interest consistent with the 2015 Trade Promotion Authority Act.

Imports of Steel into the United States and their Effect on National Security (Updated)
April 20, 2017 by Terence P. Stewart

The U.S. steel industry has been hard pressed by dumped and subsidized imports for many decades causing the closure of many plants and the loss of thousands of good paying jobs.

Moving Our Trading Relationship with Japan Forward
April 19, 2017 by Terence P. Stewart

In the first few months of President Trump’s tenure, the President has had the U.S. withdraw from the Trans Pacific Partnership Agreement, which both the U.S. and Japan had signed in 2016, and which Japan was focused on bringing into effect; met with Prime Minister Abe in Florida where bilateral relations and expanding trade were discussed; and had Vice President Pence travel to Asia for a series of meetings, including with Deputy Prime Minister Aso where the Japan-U.S. Economic Dialogue was kicked off.

The WTO’s Trade Facilitation Agreement Entered Into Force on February 22 – Full Implementation Is Now The Focus

The WTO Trade Facilitation Agreement (“TFA”) was agreed to by the WTO membership in December 2013 at the Bali Ministerial. On November 27, 2014, the General Council adopted the Protocol of Amendment which inserts the WTO Trade Facilitation Agreement into Annex 1A of the WTO Agreement and opened it for ratification by members. It is the first multilateral trade agreement achieved by the WTO since its inception in 1995.

China’s Threat to the Competitiveness and Security of the U.S. Semiconductor Industry; Tools Available for the U.S. Government and Industry to Respond
February 17, 2017 by Terence P. Stewart and Sahar J. Hafeez

Progress in semiconductors has been the key driver of innovation and growth in a variety of areas, including aerospace, consumer electronics, energy, medicine, and defense systems. As the leading provider of semiconductors, the strength of the U.S. semiconductor industry has helped paved the way for global advancement in these areas and for economic development in the United States.

Issues for Businesses to Consider Should the Incoming Administration Choose to Address the Trade Deficit in Part Through Trade or Tax Actions
December 29, 2016 by Terence P. Stewart

During the campaign, now President-elect Trump identified a variety of actions that might be taken if he were President to address the nation’s trade deficit and hence restore manufacturing jobs at home. These include various actions (renegotiation, withdrawal) with regard to existing or negotiated but not yet implemented trade agreements, additional duties on imports from certain countries, increased pursuit of disputes with trading partners who are not fulfilling existing obligations, addressing currency manipulation, and strong enforcement of existing laws providing individual industries and their workers remedies for unfair trade practices.

A Major Test for the Global Trading System – Today China Challenges at the WTO the Continued Treatment of That Nation as a Non-Market Economy by the U.S. and the EU
December 12, 2016 by Terence P. Stewart

Sunday, December 11, 2016 marked fifteen years since China became a member of the World Trade Organization. The last fifteen years have been good years for China in many ways, although the push for economic reform has trailed off significantly and, in some ways backtracked, since WTO accession.

Leveling the Playing Field for American Companies and Workers - Ensuring that Goods Made with Forced Labor are Identified and Banned Pursuant to US Law
November 15, 2016 by Terence P. Stewart and Sahar J. Hafeez

Section 307 of the Tariff Act of 1930 ("Section 307") prohibits the importation of "{a}ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor."  The section of US law has held out the promise that American companies and their workers should not have to compete with goods made abroad with such labor.

U.S.-Cuba Related Sanctions Update and Overview: Obama Administration Further Eases Cuba Sanctions Against the Backdrop of Strict Statutory Restrictions
October 24, 2016 by Alan M. Dunn and Sahar J. Hafeez

On October 14, 2016, the Departments of Treasury and Commerce announced amendments to the Cuban Assets Control Regulations (“CACR”) and the Export Administration Regulations (“EAR”) to further the Obama Administration’s Cuba policy goals.

A Missed Opportunity: WTO Director General Azevêdo’s October 7 Speech at the National Press Club on Trade
October 11, 2016 by Terence P. Stewart

On October 7, 2016, the World Trade Organization’s Director General Roberto Azevêdo spoke at the National Press Club as part of his outreach to support continued trade liberalization and to counter what he describes as the anti-trade rhetoric building in various parts of the world including in the United States.

U.S. Customs and Border Protection’s New EAPA Investigations into Evasion of U.S. Antidumping and Countervailing Duty Orders
October 6, 2016 by Nicholas J. Birch

Domestic producers and importers in the United States have had concerns for many years that some importers have gained an unfair advantage in the market by illegally evading U.S. antidumping and countervailing duty orders on certain imported products.

The WTO Needs to Focus on the Underlying Causes of Unfair Trade Rather Than Undermine Legitimate Trade Remedy Laws
August 9, 2016 by Terence P. Stewart

In a rules-based system, the rules are developed to permit the smooth functioning of the members within the system by identifying what can and cannot be done.

Comparison of Persons Designated for Economic Sanctions Imposed by the United States, EU, Canada, Australia, and Japan Regarding Ukraine and Russia
August 8, 2016 by Alan M. Dunn and Jennifer M. Smith

Notes: This list is limited to Ukraine-/Russia-related sanctions regimes imposed by selected countries since 2014. Other countries are following the EU sanctions, at least in some respects. The sanctions also apply to certain entities owned by designated persons. The list does not include entities designated on the U.S. Entity List. See our Trade Flow articles for more information.

Ukraine-/Russia-Related Sanctions Update and Overview: U.S. and EU Reaffirm Sanctions
August 8, 2016 by Jennifer M. Smith

In July 2016, President Obama and Secretary of State John Kerry reaffirmed that the U.S.’s Ukraine-/Russia-related economic sanctions will remain in effect unless Russia fulfils its obligations under an agreement reached in February 2015 in Minsk.

The Obama Administration’s Proposal to Change the MPF, the Main Customs User Fee, to Comply with TPP: Some Importers Will Pay More, Others Will Pay Less
August 1, 2016 by Jennifer M. Smith

The Obama Administration is currently seeking informal input from and consulting with importers regarding a recent proposal to change the structure and amount of the Merchandise Processing Fee (“MPF”) to bring it into compliance with the terms of the Trans-Pacific Partnership (“TPP”).

Global Excess Capacity and Chinese Policies - A Heavy Weight on the Global Economy
July 19, 2016 by Terence P. Stewart

The WTO doesn’t have specific rules in place to help members deal with global excess capacity. Generally, for market economies, while excess capacity can occur by actions of private players overinvesting or because of economic downturns, the situation is normally self-correcting in a relatively short period of time.

Implications of a U.S. WTO Challenge to China’s Continuing Use of Export Duties
July 14, 2016 by Terence P. Stewart

On July 13th, the United States requested consultations with China at the WTO on China’s application of export duties on a range of raw material products where such application is inconsistent with China’s Protocol of Accession to the WTO.

Improving the Functioning of the World Trade Organization Appellate Body - the United States makes an important contribution by taking a stand on when reappointment of an AB member is inappropriate
May 27, 2016 by Terence P. Stewart

Events in May: The terms of two of the seven WTO Appellate Body (“AB”) members expire at the end of May. For one member, a replacement must be found as the existing member has served the maximum time permitted by the rules (two four-year terms). For the second, the AB member has sought reappointment to a second four-year term.

American Manufacturing Competitiveness Act of 2016 – New Law Provides Opportunity for Producers to Seek Duty Suspension/Reductions for Inputs Not Produced Domestically
May 23, 2016 by Terence P. Stewart

For many years, producers of products in the United States have sought tariff suspensions on input products not produced in the United States through a process known as miscellaneous tariff bills (although other actions were also possible through such bills).

Elimination of a Loophole Exempting Investigation of Certain Goods Alleged to Be Derived From Forced Labor – Greater Enforcement in the Offing?
May 17, 2016 by Sahar J. Hafeez and Elizabeth J. Drake

U.S. law prohibits the importation of “{a}ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor.”

Dispute Settlement at the World Trade Organization – Holding Appellate Body Members Accountable When They Address Issues Not Raised in Disputes or Exceed Their Authority By Adding to or Diminishing Rights or Obligations
May 13, 2016 by Terence P. Stewart

The Appellate Body of the World Trade Organization consists of seven members serving staggered four year terms. Appointees to the Appellate Body can be reappointed once, should be representative of the WTO membership, and are appointed by the Dispute Settlement Body on a consensus basis.

The Dispute Settlement System at the World Trade Organization - Is The Current Approach to Settling Disputes Contributing to the Inability to Conclude Broad Multilateral Trade Negotiations?
April 25, 2016 by Terence P. Stewart

Over the first twenty-one years of the World Trade Organization’s {WTO’s} existence, I have written extensively about the dispute settlement system, about challenges faced and perceived problems in the functioning of the system.

Four Years After the U.S.-Korea FTA – Trade Myths vs. Trade Facts
March 16, 2016 by Terence P. Stewart

March 15th marked the fourth anniversary of the U.S.-Korea Free Trade Agreement (“KORUS”). The agreement has been the object of concern in some corners for failing to open the Korean market sufficiently and not adequately addressing various non-tariff barriers, particularly in the automotive sector.

Rethinking U.S. Trade Policy – Lessons From the Current Presidential Campaigns
March 14, 2016 by Terence P. Stewart

The appeal to voters of both Democratic and Republican candidates in the Presidential primary races to date who believe past trade deals have not been well crafted and have served workers poorly has surprised many pundits.

Success or Failure at the WTO’s 10th Ministerial in Nairobi, Kenya?
December 22, 2015 by Terence P. Stewart

The 10th Ministerial meeting of the WTO, which was held in Nairobi, Kenya from December 15-19, produced a mixed bag of results.

Comparison of Financial Services, Telecommunications and Electronic Commerce chapters from the Trans-Pacific Partnership Agreement with earlier US FTA’s with Peru, Korea and Colombia
December 10, 2015 by Terence P. Stewart

Stewart and Stewart today released the 13th, 14th, and 15th comparison texts of chapters from the Trans-Pacific Partnership Agreement (“TPP”) with chapters (where they exist) in the earlier U.S. Free Trade Agreements with Peru, the Republic of Korea and Colombia.

The Recent WTO Appellate Body Decision on Tuna: A Microcosm of the Problems with Present Day WTO Dispute Settlement Proceedings
December 2, 2015 by Terence P. Stewart

On November 20, 2015, the WTO’s Appellate Body released its decision in United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, Recourse to Article 21.5 of the DSU by Mexico, DS381/AB/RW.

Release of Comparison Documents for Chapters 7 and 8 of the Trans-Pacific Partnership on Sanitary and Phytosanitary Measures and Technical Barriers to Trade with earlier US Free Trade Agreements with Peru, Korea and Colombia
December 2, 2015 by Terence P. Stewart

As part of a continuing series of releases, today Stewart and Stewart released two documents that compare the text of the Trans-Pacific Partnership Agreement (“TPP”) chapters on Sanitary and Phytosanitary Measures (“SPS”, Chapter 7) and Technical Barriers to Trade (“TBT”, Chapter 8) with chapters on such topics in earlier US Free Trade Agreements with Peru, the Republic of Korea and Colombia.

The WTO’s 10th Ministerial Meeting in Nairobi, Kenya; What to Expect?
December 1, 2015 by Terence P. Stewart

When the Uruguay Round was completed, members included a requirement for ministerial meetings every two years. So every other December, Ministerials are held in a location agreed well in advance, usually following an offer to host by a WTO member.

The Start of the Twenty-First Conference of the Parties to the UN Framework Conference on Climate Change (UNFCCC COP21) in Paris, November 30, 2015 – What World Will We Leave Our Children and Grandchildren
November 30, 2015 by Terence P. Stewart

Any student of modern times cannot but notice the changes in our environment. While weather cycles certainly can be unpredictable and there continues to be debate in some circles as to the causes, the evidence behind a warming globe is hard to dispute and is widely accepted as is the degradation of the environment in many parts of the world.

Trans-Pacific Partnership Agreement Chapter 4 on Textiles and Apparel Compared to Textile and Apparel Chapters in the US Free-Trade Agreements with Peru, Korea and Colombia
November 25, 2015 by Terence P. Stewart

US Free Trade Agreements have historically had a chapter that addresses how trade in textile and apparel products is handled.

Customs Administration and Trade Facilitation, Trans-Pacific Partnership Chapter 5 and its counterparts in earlier US FTAs with Peru, Korea and Colombia
November 24, 2015 by Terence P. Stewart

The latest document in Stewart and Stewart’s series comparing chapters of the Trans-Pacific Partnership Agreement with earlier US Free Trade Agreements with Peru, the Republic of Korea and Colombia looks at Customs Administration and Trade Facilitation.

Global Crisis in Steel and Aluminum Flowing from Chinese Excess Capacity; More to Come
November 23, 2015 by Terence P. Stewart

In the United States, the domestic steel industry is in the midst of a major crisis as they try to deal with waves of imports that seem to flow directly (i.e., imports from China) and indirectly (i.e., from other countries facing import challenges from China in their home markets and hence expanding their exports) from massive excess capacity in China and in other countries.

Release of Document Comparing Trans-Pacific Partnership Agreement Chapter 3, Rules of Origin and Origin Procedures, with texts of earlier US FTAs with Peru, Korea and Colombia
November 23, 2015 by Terence P. Stewart

At the heart of every Free Trade Agreement is both the tariff liberalization that will occur and how goods will be evaluated as qualifying for the preferential rates that have been negotiated. In today’s release of another TPP chapter, Stewart and Stewart presents the rules of origin and origin procedures that are included in Chapter 3 of the Trans-Pacific Partnership and how those provisions compare to provisions in earlier US Free Trade Agreements, with Peru, the Republic of Korea and Colombia.

Release of Comparison Document of Trade Remedy Chapter of TPP with similar chapters in US FTAs with Peru, Korea and Colombia
November 20, 2015 by Terence P. Stewart

Stewart and Stewart today released the latest comparison text of topics covered in the Trans-Pacific Partnership Agreement and such topics from earlier US Free Trade Agreements with Peru, the Republic of Korea and Colombia.

Two comparison documents for Chapters 15 and 17 of the Trans-Pacific Partnership released
November 19, 2015 by Terence P. Stewart

Stewart and Stewart released the sixth and seventh comparison documents today comparing The TPP Chapter on Government Procurement (Chapter 15) with chapters on government procurement contained in earlier US Free Trade Agreements with Peru, Korea and Colombia.

Release of Text Comparing TPP Chapter 20 on Environment with Earlier U.S. FTAs with Peru, the Republic of Korea and Colombia
November 18, 2015 by Terence P. Stewart

The relationship between trade agreements and environmental agreements has been of significant importance since before the founding of the World Trade Organization (WTO). There is a permanent committee at the WTO looking at issues pertaining to Trade and the Environment and a variety of environmental topics was part of the Doha Development Agenda issues that have been negotiated since late 2001, including on fishery subsidies, tariff treatment on environmental goods and other matters.

Comparison of Trans-Pacific Partnership Chapter 19 on Labor with similar chapters from US FTAs with Peru, Korea and Colombia
November 17, 2015 by Terence P. Stewart

In the fourth release, Stewart and Stewart today provides a comparison document of the provisions within the Trans-Pacific Partnership dealing with labor (Chapter 19) and the provisions on labor contained in some earlier US Free Trade Agreements with Peru, the Republic of Korea and Colombia.

The Intellectual Property Chapter of the Trans-Pacific Partnership compared to earlier agreements is now available.
November 16, 2015 by Terence P. Stewart

Stewart and Stewart released today a comparison volume of the Intellectual Property chapter of the Trans-Pacific Partnership (Chapter 18) with the IP chapters of the Peru, Korea and Colombia FTAs.

Stewart and Stewart posts second comparison of a Trans-Pacific Partnership Agreement chapter - Investment - with earlier US FTAs involving Peru, Korea and Colombia
November 12, 2015 by Terence P. Stewart

In the firm’s ongoing program to compare all chapters of the recently concluded Trans-Pacific Partnership Agreement (“TPP”) with earlier free trade agreements the United States has entered, today’s posting looks at the investment chapter of TPP.

Trans-Pacific Partnership - Comparison texts with earlier FTAs with Peru, South Korea and Colombia
November 10, 2015 by Terence P. Stewart

On November 5, 2015, the Obama Administration released the text of the Trans-Pacific Partnership (TPP) along with various side letters that had been negotiated.

How to Think About and Measure the Success of the Summit with Chinese President Xi Jinping
September 24, 2015 by Terence P. Stewart

Since joining the WTO at the end of 2001, China has become the world’s largest exporter and is, or is very near to being, the world’s largest economy. To join, China had agreed and had undertaken a very large number of modifications to its laws, regulations, and policies. It also agreed to do many other things over a period of years.

Breakthrough in Efforts to Expand Information Technology Agreement – Some Good News for the WTO
July 20, 2015 by Terence P. Stewart

Tariff reductions on groups of goods were the original main focus of negotiations between member nations of the General Agreement on Tariffs and Trade (“GATT”). When the World Trade Organization (“WTO”) came into existence at the beginning of 1995 following the conclusion of the Uruguay Round of negotiations in 1994, it was anticipated that trade liberalization through multilateral talks that would include additional tariff reductions or eliminations would continue to be an important part of the WTO’s function.

Lessons from the Antidumping and Countervailing Duty Investigations on Passenger Vehicle and Light Truck Tires from China
July 16, 2015 by Terence P. Stewart

The United Steelworkers (“USW”) recently petitioned for relief under U.S. antidumping and countervailing duty laws on imports of passenger vehicle and light truck tires from China. It was the first antidumping and countervailing duty case that had been brought in a very long time by workers without co-petitioner support by one or more of the managements of the domestic producers.

Trade Promotion Authority and the Trans-Pacific Partnership – How Much of the Congressional Objectives Will Be Achieved?
July 10, 2015 by Terence P. Stewart

The twelve governments involved in the ongoing Trans-Pacific Partnership (“TPP”) negotiations (United States, Japan, Malaysia, Vietnam, New Zealand, Brunei, Australia, Singapore, Canada, Mexico, Chile, and Peru) will meet at ministerial level in Maui, Hawaii from July 28-31, 2015, with their chief TPP negotiators meeting from July 24-27. Expectations of the participants are running high that the end game is in sight and that the ministerial will provide the setting for the resolution of major outstanding issues.

U.S. Trade Policy Continues Its Move to Agreements Among the Willing – What’s Ahead in the Remainder of 2015 and 2016?
July 9, 2015 by Terence P. Stewart

The World Trade Organization (“WTO”), aside from dispute settlement and last year’s adoption of the Protocol for the Trade Facilitation Agreement (an agreement which requires 108 Members to file acceptances before it takes effect), has struggled for most of the twenty years of its existence for relevance in the historic role of its predecessor, the General Agreement on Tariffs and Trade, of being a negotiating forum for global trade liberalization and global trade rules.

U.S. Trade Legislation Enacted in June 2015 and Remaining Pending Bill (H.R. 664) – What Do Companies Need to Be Aware of?
July 6, 2015 by Terence P. Stewart

June 2015 ended with the passage of two trade bills and with a third awaiting conference between the House and Senate. Despite the importance of trade to the U.S. economy and to communities, businesses, and workers, in recent decades there has been very limited review of U.S. trade policy, including whether past and current policy and agreements are achieving the objectives Congress and various Administrations have articulated.

Chinese Export Restraints – How Many More WTO Cases Before China Is Compliant With Its Accession Commitments?
May 6, 2015 by Terence P. Stewart

After losing disputes at the World Trade Organization (“WTO”) in 2014, China has taken steps to bring itself into compliance on a case involving rare earth, tungsten, and molybdenum products.

Trade Legislation – What Is in the Current Trade Promotion Authority Bill and How Does It Differ from the 2002 TPA Legislation?
April 21, 2015 by Terence P. Stewart

On April 16 and 17, S.995 and H.R.1890 were introduced in the Senate and House of Representatives and entitled “Bipartisan Congressional Trade Priorities and Accountability Act of 2015.”

Should WTO Members Consider Permitting Sectoral FTAs That Are Open to Membership?
April 16, 2015 by Terence P. Stewart

One of the cornerstone principles of the World Trade Organization (“WTO”) (and the General Agreement on Tariffs and Trade (“GATT”) before it) is application of tariff bindings on a most-favored nation (“MFN”) basis. Indeed, while the WTO permits modifications to most provisions of the WTO agreements by three-fourths of the membership, to change national treatment requires the consent of all Members.

Cuban Trade Flows – What Opportunities Exist If U.S. Sanctions Are Eventually Lifted?
April 7, 2015 by Terence P. Stewart

On December 17, 2014, President Obama announced changes the Administration was taking on U.S. policies toward Cuba that were within the Executive Branch’s authority.

Making Trade Remedies More Effective Within the World Trade Organization and Domestically
March 30, 2015 by Terence P. Stewart

It has been a little more than twenty years since the World Trade Organization (“WTO”) came into existence. While global trade has increased significantly in that time, the growing membership of the WTO and changing power structure within the organization reflecting changing roles in the trading systems have contributed to a situation where it has been essentially impossible to forge consensus on the road forward or to meet built-in timelines within the agreements or Ministerial Understandings that constituted the original structure of the WTO.

Article by Stewart and Stewart Attorneys Examines the Role of the WTO in Addressing Global Food Security
February 19, 2015 by Terence P. Stewart and Stephanie Manaker Bell

The interplay of the World Trade Organization and global hunger was thrust on to the international stage in December 2013 during the Bali Ministerial and again in July 2014 when Members were supposed to adopt part of the package agreed to at Bali.

Will the WTO Get a Second First this Month by Achieving an Expanded Information Technology Agreement?
December 2, 2014 by Terence P. Stewart

Sixteen days ago in Brisbane, Australia, the WTO’s Director-General had received strong support from the G-20 countries for efforts of the WTO membership to reengage in trade negotiations following two major bilateral agreements – US and India on resolving the impasse on implementing the Bali package (including the first new trade agreement since the WTO’s founding, the Trade Facilitation Agreement) and the US – China agreement on an expanded Information Technology Agreement (ITA) product list, the first tariff reduction agreement since the ITA was agreed to in Singapore in 1996.

A One Day Delay in Geneva – Technical Issue or Continuing Problems within the Membership on Moving Forward?
November 26, 2014 by Terence P. Stewart

In an article yesterday, I reviewed the special General Council meeting that was set to occur today (November 26) at 3 p.m. in Geneva. While most WTO members seemed satisfied with the documents that had been presented on Monday to resolve the impasse, objections were raised by Argentina and others about the specificity of commitments being undertaken on the remaining items addressed in the draft statement of the Chairman of the General Council.

Moving the WTO’s Negotiating Agenda Forward – the November 26, 2014 General Council Meeting
November 25, 2014 by Terence P. Stewart

When the U.S. and India announced earlier this month an agreement on how to move the Trade Facilitation Agreement forward while addressing India’s concerns on public stockholding for food security purposes, hope was restored that the package of measures agreed to by trade ministers in Bali, Indonesia in December 2013 could move forward and that the WTO would maintain a role in advancing trade liberalization through being, in part, a negotiating forum where results could actually be achieved.

Will Congress Address Antidumping and Countervailing Duty Evasion Problems as Part of Any Trade Promotion Authority Legislative Package?
November 25, 2014 by Terence P. Stewart

During 2014, much of the business community sought, and continues to seek, enactment of Trade Promotion Authority (“TPA”) to permit the Administration to obtain the best market opening commitments from trade partners in the ongoing Trans-Pacific Partnership (“TPP”) talks with eleven trading partners (Australia, New Zealand, Brunei Darussalam, Malaysia, Vietnam, Japan, Singapore, Peru, Chile, Canada, Mexico) and with the European Union in the ongoing Transatlantic Trade and Investment Partnership talks.

Two Deals This Week May Provide a Reprieve for the WTO as a Negotiating Forum: Deals Occur Between the United States and India on the Bali Package and the United States and China on the Expansion of the Information Technology Agreement
November 13, 2014 by Terence P. Stewart

While much has been written about the demise of the World Trade Organization (WTO) as a negotiating forum, two announcements over the last several days may indicate forward momentum, which may establish a new relevance for the organization.

Which Value of an Investment Will Be Awarded in Investor-State Arbitration?
November 10, 2014 by Nicholas J. Birch

One of the evolving issues in investor-state arbitration is the question of which value of an investment can be recovered by an investor following a government taking. In areas where the expected value of a project can evolve rapidly due to sudden changes in information or market prices, such as in oil and gas exploration, whether the value of the project is taken on one certain date or another can have dramatic effects on the compensation received by an investor in an international arbitration.

Stewart and Stewart Releases Report on China’s Support Policies for its Chemicals and Plastics Industries
October 30, 2014 by Terence P. Stewart, Elizabeth J. Drake and Jennifer M. Smith

In a new report released today, Stewart and Stewart provides a detailed look at the vast range of Chinese government policies supporting its chemical and plastics industries.

Crisis at the WTO - What Options Exist?
October 16, 2014 by Terence P. Stewart

The World Trade Organization ("WTO"), which came into existence in 1995 with great expectations, has been adrift for years and has failed to make progress in its Doha Round multilateral negotiations to liberalize trade and establish updated multilateral rules for trade.

WTO Rules Against Argentina’s Measures to Restrict Imports
August 29, 2014 by Stephanie Manaker Bell and Philip A. Butler

Last Friday, the World Trade Organization (“WTO”) released a panel report finding that certain import requirements imposed by Argentina violated the General Agreement on Tariffs and Trade (“GATT 1994”). The decision results from challenges brought by the United States, the European Union, and Japan in 2012 regarding certain import licensing requirements and restrictive trade-related requirements used by Argentina.  

The Missed Trade Facilitation Deadline of July 31, 2014 – Where Does the WTO Go from Here?
August 15, 2014 by Terence P. Stewart

The World Trade Organization (“WTO”) has existed for almost nineteen years, replacing the former General Agreement on Tariffs and Trade (“GATT”) in 1995.  There are now 160 Members, and another 23 countries or customs territories are in the accession process. The current Members account for 97% of global trade.

WTO Appellate Body Affirms Panel Report that China’s Export Restraints on Rare Earths, Tungsten and Molybdenum Violate WTO Obligations
August 7, 2014 by Terence P. Stewart

Today, the World Trade Organization (“WTO”) Appellate Body confirmed the panel report issued in March of this year regarding export restraints on raw materials.

India’s Actions in the WTO General Council on July 24-25 Once Again Send the WTO to the Precipice of Irrelevance for Trade Negotiations
July 28, 2014 by Terence P. Stewart

On July 24 and 25, the General Council of the World Trade Organization ("WTO") held a meeting, at which adoption of the Protocol of Amendment to add the Trade Facilitation Agreement ("TFA") to the WTO agreements was supposed to occur.

Shifting Trade Patterns on Non-Agricultural Goods – What Does It Say About the New Power Balance in the WTO?
July 24, 2014 by Terence P. Stewart

When the World Trade Organization (“WTO”) started the Doha Development Agenda at the end of 2001, China was just becoming a Member and implementing the obligations it had undertaken as an acceding Member.

Implementation of the Trade Facilitation Agreement at the WTO in Jeopardy as a July 31st Deadline Approaches
July 15, 2014 by Terence P. Stewart

In Bali last December, there was a collective sigh of relief when the Members of the World Trade Organization (“WTO”) were able to cobble together agreement on a package of measures including the first multilateral agreement since the WTO’s launch in 1995, the Trade Facilitation Agreement (“TFA”).

Testimony of Terence P. Stewart - House Ways Means Trade Subcommittee
June 11, 2014 by Terence P. Stewart

Mr. Chairman and members of the Subcommittee: My name is Terence Stewart, a trade lawyer here in Washington, D.C. Over the years our firm has represented various agricultural and fishing interests in the United States. The views expressed today are my personal views and do not reflect the views of any of our current or prior clients.

Surging Steel Imports Put Jobs at Risk
May 13, 2014 by Terence P. Stewart and Elizabeth J. Drake

In a new report released today, Stewart and Stewart and the Economic Policy Institute reveal how a growing glut of worldwide steel production is plunging the U.S. steel industry into crisis.

Two Developments on Russia: U.S. Withdraws Russia’s Eligibility Designation for GSP, and Canada Increases Sanctions on Russia
May 8, 2014 by Alan M. Dunn and Jennifer M. Smith

Yesterday, May 7, 2014, President Obama notified Congress of his intent to withdraw the designation of Russia as a beneficiary developing country under the Generalized System of Preferences (GSP) program “because Russia is sufficiently advanced in economic development and improved in trade competitiveness that continued preferential treatment under the GSP is not warranted.”

U.S. Added 17 Companies and 7 Individuals, Including Rosneft CEO Sechin, to Russia Sanctions List and Further Restricted Exports to Certain Russian Entities; EU, Canada, and Japan Also Stepped Up Sanctions
May 1, 2014 by Alan M. Dunn and Jennifer M. Smith

On April 25, 2014, the G-7 (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States) announced that they would “move swiftly to impose additional sanctions on Russia” due to Russia’s failure to deescalate the ongoing situation in eastern Ukraine and contrary to Russia’s commitments in an April 17 agreement reached in Geneva.

RUSSIA AND UKRAINE UPDATE: The U.S. Has Stopped Issuing of Export Licenses to Russia and the U.S., Canada, and the EU Have Expanded Sanctions, But Loan Guarantees to Ukraine Provide Opportunities for U.S. Businesses
April 16, 2014 by Alan M. Dunn and Jennifer M. Smith

In the recent days and weeks, the United States, Canada, and the European Union (EU) have expanded economic sanctions and taken other trade-related measures in response to the developments in Ukraine and Russia’s actions with respect to Crimea.

Failure to Pass IMF Reforms Undermines America’s Global Leadership and Limits Overall IMF Flexibility to Address Challenges in Ukraine and Elsewhere
April 10, 2014 by Bill Frymoyer

Tomorrow the IMF Annual Meetings begin in Washington, DC, and a major issue discussed will be the failure of the U.S. Congress to pass quota reforms that America actually suggested in 2010. We are the only major country not to pass these noncontroversial changes, but because of our veto ability, the implementation of the reform overall remains delayed.

Government Procurement Agreement Amendments Take Effect for Selected WTO Members as of April 6, 2014
April 7, 2014 by Terence P. Stewart

Nearly eighteen years after the World Trade Organization (“WTO”) Members who were party to the 1994 plurilateral Government Procurement Agreement (“GPA”) agreed to start the review process called for by Article XXIV:7(b) of the Agreement, an amended agreement and annexes finally came into effect on April 6, 2014.

How Russian Judo Could Flip the Hockey World: KHL Board Chairman Timchenko and Dynamo Moscow President Rotenberg, Former Putin Judo Partners, Subject to U.S. Sanctions, Update - Sanctions May Also Affect Upcoming Miley Cyrus and Justin Timberlake Concerts
April 3, 2014 by Alan M. Dunn and Jennifer M. Smith

Watch out, hockey world -- Judo may flip the KHL off its skates. On March 20, the United States imposed sanctions on three Russian billionaires, all of whom are reportedly former judo partners of Vladimir Putin. But it is their leadership positions in major hockey organizations that threaten to flip the hockey world upside down.

Environmental Goods Trade Talks – The Challenges and the Opportunities
April 2, 2014 by Terence P. Stewart

On March 28, the Office of the United States Trade Representative (“USTR”) published in the Federal Register a notice requesting public comments on a possible sectoral environmental goods agreement.

Presentation by Managing Partner Terence Stewart at the March 28, 2014 Global Business Dialogue Member’s Lunch on “The Urgent Riddle: Trade & the Crisis in the Ukraine”
March 28, 2014 by Terence P. Stewart

At today’s Global Business Dialogue luncheon entitled “The Urgent Riddle: Trade & the Crisis in the Ukraine,” Terence Stewart, Managing Partner, provided an overview of the trade issues arising from the crisis.

WTO Rules against China’s Export Restraints on Rare Earths: A Step Forward in Leveling the Playing Field
March 26, 2014 by Terence P. Stewart, Ping Gong and Elizabeth J. Drake

Today the WTO announced an important victory in the continued struggle to bring China into compliance with its international obligations regarding export restraints on raw materials. The WTO panel ruled that China’s export duties and quotas on rare earths, molybdenum, and tungsten violate China’s WTO obligations.

A Comparison of Current Sanctions Imposed by the United States, EU, Canada, and Australia Regarding Ukraine and Russia
March 25, 2014 by Alan M. Dunn and Jennifer M. Smith

The United States, European Union (“EU”), Canada, and Australia all have recently issued sanctions in response to the developments in Ukraine and Russia’s actions with respect to Crimea. While the United States is coordinating with the EU, the U.S. list of sanctioned persons overlaps with, but does not match, the lists of persons sanctioned by those other countries.

U.S. Sanctions Additional Russian Individuals, Including Officials and Businessmen, and Bank Rossiya Over Crimea
March 21, 2014 by Alan M. Dunn and Jennifer M. Smith

Yesterday, the United States imposed additional sanctions on 20 Russian individuals, including high-level Russian officials and prominent Russian businessmen considered part of President Putin’s “inner circle,” and on one financial institution, Bank Rossiya (A.K.A. Aktsionerny Bank Russian Federation) in response to Russia’s purported annexation of Crimea.

U.S. Imposes Sanctions on Ukrainians and Russian Officials Over Crimea
March 17, 2014 by Alan M. Dunn and Jennifer M. Smith

By a new Executive Order issued today, the United States imposed sanctions on four Ukrainians, including former Ukrainian President Viktor Yanukovych and Crimean separatist leaders, and seven high-level Russian officials, including Russian Deputy Prime Minister Dmitry Rogozin.

No One Yet Subject to New Ukraine-Related Sanctions Authorized by President Obama in Executive Order 13660
March 10, 2014 by Alan M. Dunn and Jennifer M. Smith

On Thursday, March 6th, President Barack Obama signed Executive Order No. 13660 authorizing economic sanctions related to the ongoing situation in Ukraine under the International Emergency Economic Powers Act (IEEPA) and other statutes.

The Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership Negotiations – Why Getting the Rules of the Game Right in These Negotiations is Critical for the United States
February 14, 2014 by Terence P. Stewart

The Obama Administration is pushing hard to bring the Trans-Pacific Partnership (“TPP”) negotiations to a conclusion, holding a day-long briefing of cleared advisors in Washington on February 11th and with TPP ministers meeting in two weeks following various intersessional meetings next week.

Will New WTO Environmental Goods Negotiations Increase U.S. Exports and Help Create a Greener Planet?
February 3, 2014 by Terence P. Stewart, Sandra K. Jorgensen and Jumana Madanat Misleh

Both developed and developing countries seek expanded opportunities for their people and businesses through increased availability of goods and increased availability of services. The generation of greater amounts of goods and services generates greater amounts of pollution, compounding existing global environmental challenges.

Trade Adjustment Assistance: Rapidly Increasing Use by Workers Whose Employers Are Moving Production Offshore in the Past Decade
January 21, 2014 by Terence P. Stewart

The Trade Adjustment Assistance (“TAA”) program has been part of the political compromise behind trade liberalization since the Trade Expansion Act of 1962. TAA is based on the concept that, while trade liberalization should be an economic benefit for the nation as a whole, there are workers, industries, and communities who will be adversely affected by trade liberalization and who would benefit from training and other benefits to help them adjust to the changing business environment in the United States.

Will the United States Pursue Trade Agreements in 2014 to Address Our Huge and Persistent Trade Deficit?
January 14, 2014 by Terence P. Stewart

As 2014 begins, the United States is involved in a variety of trade negotiations to try to liberalize trade in various sectors, with various countries, or within the World Trade Organization (“WTO”) more broadly. Economic theory typically applauds such negotiations and certainly much of the business community is supportive of trade liberalization.

New Year Brings New Export Control Reforms: Changes Announced on a Range of Materials, Equipment, Explosives, and Items for Missiles and Rockets; Some Reforms Take Effect Today; Other Changes Imminent
January 6, 2014 by Alan M. Dunn and Jennifer M. Smith

On January 2, 2014, the Federal Government announced a third wave of major reforms to U.S. export controls. These reforms change the existing controls on certain items.

Green Technology Trade Developments in 2013 – Success Or Failure?
December 17, 2013 by Terence P. Stewart, Nicholas J. Birch and Elizabeth J. Drake

In a world concerned with the effects of ongoing climate change, there has been a push by many countries to support green technologies. Technological and manufacturing leadership is important for job creation, trade flows, and lowering the cost of adopting green technologies for energy production and other uses. In 2013, trading nations continued to struggle to deal with the fallout of various governmental policies on trade flows.

U.S. Government Tightens Syrian Sanctions in Response to Use of Chemical Weapons: USG to Intensify Syria Sanctions Enforcement Efforts
December 12, 2013 by Alan M. Dunn and Jennifer M. Smith

On December 10, 2013, the U.S. Department of State published a notice indicating that additional sanctions are being imposed against Syria in response to the Syrian Government’s use of chemical weapons.

Saved at the Bell – The WTO Ministerial Provides Hope that Multilateralism Can Survive and Provides a Needed Boost to Global Economic Growth
December 7, 2013 by Terence P. Stewart

Coming into Bali, the relevance of the WTO as a multilateral trade negotiation forum was at risk simply because of the seemingly interminable process to secure agreement on liberalization, rule modifications, or addressing new issues. With today’s eleventh hour consensus to approve a group of ten texts covering trade facilitation, some agricultural issues, and some issues important to least developed countries (“LDCs”), the WTO’s Members pull the organization back from the precipice of irrelevance in a core function for the WTO – negotiating trade liberalization and new or updated rules for the multilateral trading system.

WTO Bali Ministerial:  Now a Push for Ministers to Conclude the Mini-Package in Bali; Why Is the Public Being Denied the Package of Texts?
December 3, 2013 by Terence P. Stewart

What a difference a week makes. Last Tuesday at the WTO’s General Council meeting, the WTO’s Director-General Roberto Azevêdo indicated that a deal had not been possible in Geneva, that the issues remaining were too many and too technical, and that the parties had agreed that it would not be appropriate to have Ministers need to negotiate significant remaining issues at the December 3-6 Bali trade ministerial.

Iran Nuclear Deal Is Changing Iran Sanctions
December 2, 2013 by Alan M. Dunn

As the Obama Administration continues its negotiations with Iran and P5+1 partners to work out the details and implementation of the interim agreement with Iran regarding its nuclear enrichment and bomb-making activities, U.S. and foreign companies that are dealing or want to deal with Iran are asking how the agreement will affect the current sanctions imposed against Iran by the U.S., EU, and others and when the changes will take effect.

Failure in Geneva at the WTO: Is There a Road Forward?
November 26, 2013 by Terence P. Stewart

Twelve years after the start of the Doha Development Agenda (“DDA”) negotiations and nearly three months after the new Director-General of the World Trade Organization (“WTO”) took up his responsibilities and prioritized completion of a minipackage of issues for the upcoming WTO Ministerial meeting in Bali on December 3-6, the negotiation process in Geneva has stalled out.

The Interface Between Limited Forward Movement on Multilateral Trade Negotiations and an Activist WTO Appellate Body
November 8, 2013 by Terence P. Stewart

Most WTO member states are generally pleased with the overall performance of the dispute settlement system. Yet, there is little doubt that the Appellate Body has, in areas, created obligations that were never agreed to by the WTO members.

Countdown to Bali – Will the WTO Remain a Negotiating Forum?
November 5, 2013 by Terence P. Stewart

During the last two months, the new Director-General of the WTO, his Secretariat team, and many of the WTO Members have engaged in significant new activity to see if agreement is possible on a seemingly small package of proposals from the original 2001 Doha Development Agenda (DDA) – trade facilitation, a few issues involving agriculture, and a number of issues of interest to least-developed countries.

China’s Export Restraints on Rare Earths and Other Raw Materials: New Developments in 2013
October 10, 2013 by Terence P. Stewart and Ping Gong

In June 2009, the United States, the European Union, and Mexico brought Dispute Settlement cases at the WTO regarding China’s export restraints on nine raw materials. In January 2012, the WTO Appellate Body (“AB”) issued its decision which found that China’s obligations under its Protocol of Accession limited the products to which it could apply export duties to the 84 items listed in Annex 6 of that document.

Manufacturers, Exporters, and Brokers Must Understand and Comply with Major Changes to the Export Control Laws Beginning October 15
October 8, 2013 by Alan M. Dunn and Jennifer M. Smith

Manufacturers, exporters, brokers, and other individuals involved in exporting must ensure that they understand the major changes that are coming to the U.S. export control laws starting October 15, 2013. Failure to comply with these can result in severe criminal and civil penalties, including imprisonment. Even a single inadvertent violation can result in hundreds of thousands of dollars in penalties.

Last Week the Cuban Government Allowed Its Citizens to Sign With Foreign Sports Teams But Under U.S. Sanctions Cuban Athletes Must Be Unblocked Before Any U.S. Transactions
October 1, 2013 by Alan M. Dunn and Jennifer M. Smith

Under U.S. law, all U.S. individuals and companies are prohibited from engaging in any transactions with any Cubans, including Cuban athletes such as baseball and soccer players, unless certain narrow exemptions apply. All assets, property, and bank accounts of Cuban nationals are blocked.

Is a Trade Facilitation Agreement Likely at the WTO Ministerial in December?
September 25, 2013 by Terence P. Stewart and Patrick J. McDonough

The World Trade Organization’s 9th Ministerial Conference will be held in Bali, Indonesia on December 3-6, 2013.

Additional Sanctions Imposed on Syria in Response to Chemical Weapons Use Require Caution by Businesses
September 20, 2013 by Alan M. Dunn and Jennifer M. Smith

Last week, in response to the Syrian Government’s use of chemical weapons, the U.S. Department of State published a notice indicating that additional sanctions are being imposed against Syria.

At the WTO, the New Team Gets Ready to Take the Helm of the WTO Secretariat – Will Change Make a Difference in the Organization’s Outlook?
August 19, 2013 by Terence P. Stewart

In Geneva, the August break means there is little activity at the World Trade Organization as Secretariat staff enjoy holiday (there are several meetings of the Dispute Settlement Body but no other meetings are scheduled until September 9) and the various Missions in Geneva of the WTO Members rotate personnel and similarly enjoy the summer holiday season.

USTR Issues First Report on Russia's Compliance with its WTO Commitments
June 26, 2013 by Philip A. Butler

Last week the United States Trade Representative issued the first report on Russia’s compliance with its World Trade Organization commitments.

Immigration Reform Legislation, S.744: Still Time For Congress to Ensure Expanded Visas for Temporary Workers Complements Obtaining U.S. Service Sector Market Openings Abroad
May 13, 2013 by Terence P. Stewart

In an earlier article, I reviewed how the United States could use the opportunity for comprehensive immigration reform to help job growth here at home by reserving any increase in temporary work visas to countries or customs territories that become members of the International Services Agreement (“ISA”) talks the U.S. and twenty other WTO members (including the EU as one) are pursuing to obtain significant services liberalization among the willing.

An Apparently Smooth Conclusion to the WTO Selection Process For the Next Director-General – Roberto Azevêdo of Brazil
May 8, 2013 by Terence P. Stewart

In a whirlwind process that had candidates shuttling around the world visiting as many as 100 countries in the last five months, the WTO Membership is reported to have selected the next Director-General in accordance with procedures adopted in 2002, following three rounds of consultations in which the number of candidates has gone from nine to five to two and now one around whom consensus is viewed as possible.

Brazil’s Azevêdo and Mexico’s Blanco Move to the Final Round Of the WTO’s Selection Process for the Next Director-General
April 26, 2013 by Terence P. Stewart

The two finalists for the World Trade Organization’s Director-General position have emerged: Ambassador Roberto Azevêdo of Brazil and Mr. Herminio Blanco of Mexico.

The WTO Director-General Selection Process; Will the Discontent of Some Eliminated Candidates Disrupt the Ongoing Process?
April 17, 2013 by Terence P. Stewart

In Geneva, this past week marked an important step in the effort to find a consensus candidate to become the next Director-General of the World Trade Organization (“WTO”) Secretariat when the term of the current Director-General, Pascal Lamy, expires at the end of August 2013.

U.S. Agrees to Support Japan’s Participation in the Trans-Pacific Partnership Talks: Can Bringing Japan into TPP Work for American Businesses and Workers?
April 15, 2013 by Terence P. Stewart

On April 12, 2013, the U.S. and Japan exchanged letters that confirmed U.S. support for Japan’s entry in the Trans-Pacific Partnership (“TPP”) talks. Japan can now join the talks if all ten other TPP trading partners agree to its participation.

The World Trade Organization’s Search for a New Director-General: The Consultation Process with the 159 Members Starts Today (April 2, 2013)
April 2, 2013 by Terence P. Stewart

In an earlier Trade Flow from January 8th, I reviewed the start of the selection process for the new Director-General of the World Trade Organization (“WTO”). It has been a busy first quarter of 2013 for the nine candidates to take over the top Secretariat position for the current Director-General Pascal Lamy.

Using Immigration Reform to Spur Liberalization of Trade in Services
March 15, 2013 by Terence P. Stewart and Philip A. Butler

Immigration reform is one of the few legislative initiatives that appears to be moving forward in Washington. This is particularly true with support for legal immigration reform. To bring stronger growth to the U.S. economy, proponents of legal immigration reform are proposing that it be easier for skilled foreign workers to obtain authorization to work in the United States.

Is a Balance Between Trade Liberalization and Animal Welfare Achievable: The Role of the WTO EC – Seal Products Case in the Debate
March 13, 2013 by Terence P. Stewart, Stephanie Manaker Bell and Elizabeth J. Drake

On February 18, 2013, a World Trade Organization (“WTO”) panel began its first substantive meeting on disputes initiated by Canada and Norway against the European Commission’s seal products ban. The disputes, now consolidated as European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (DS400 & DS401) (“EC – Seal Products II”), raise important questions concerning the appropriate balance between trade liberalization and animal welfare. Individuals and organizations interested in the dispute will have opportunities to submit information and argument as the dispute proceeds over the next several months.

Trade Remedy Actions by WTO Members – A Cause for Concern or a Reflection of Improved Market Access?
March 11, 2013 by Terence P. Stewart

Before the conclusion of the Uruguay Round of trade negotiations in 1993 and the creation of the World Trade Organization (“WTO”), which came into existence at the beginning of 1995, many trading nations had undertaken relatively limited tariff bindings within the General Agreement on Tariffs and Trade (“GATT”).

Antigua and U.S. Dispute Proposed Withdrawal of Intellectual Property Rights Protections as Authorized WTO Retaliation: Implications for the WTO Dispute Settlement System
March 7, 2013 by Elizabeth J. Drake

At the February 27, 2013 meeting of the WTO’s Dispute Settlement Body (“DSB”), the United States and Antigua and Barbuda traded accusations regarding the on-going dispute over Antigua’s right to suspend intellectual property protections for U.S. rights holders.

Trade in Natural Gas: The Resource, The Law & The Choices
March 7, 2013 by Alan M. Dunn

Summary of Remarks by Alan M. Dunn at Global Business Dialogue Event at National Press Club, Thursday, March 7, 2013

GSP Renewal in 2013 – Will Meaningful Reform Finally Occur?
March 5, 2013 by Terence P. Stewart

In the President’s 2013 Trade Policy Agenda released on March 1, 2013, the approach the Administration intends to take on the renewal of the Generalized System of Preferences was laid out (pages 18-19):  The United States has an obligation – and the Obama Administration has the intent – to partner where possible with the poorest countries to lift people out of poverty and foster opportunity for more of our fellow men and women around the world.

The Transatlantic Trade and Investment Partnership (TTIP): U.S.-EU trade and investment negotiations launched – a long overdue initiative in the developed world
February 15, 2013 by Terence P. Stewart

On February 13, 2013, the United States and the European Union (U.S. and EU) formally launched a Transatlantic Trade and Investment Partnership (TTIP) negotiation. This negotiation will be comprehensive covering market access; regulatory issues and non-tariff barriers; and rules, principles and architecture for the overall agreement. Since the U.S. and the EU are the two largest economies in the world with similar high standards, these negotiations could yield comprehensive agreements that would set the gold standard for the world of free trade, investment and standards agreements.

USTR Seeks Comments by February 26, 2013 on a Potential International Services Agreement – an Important and Long Overdue Step in the Right Direction for U.S. Service Providers
January 25, 2013 by Terence P. Stewart

When the last round of multilateral trade negotiations concluded in late 1993 with the Uruguay Round agreements, including the creation of the General Agreement on Trade in Services (“GATS”), the international trading system had taken a giant step forward by establishing a set of rules for trade in services.

China’s Continued Use of Export Duties in Violation of Its WTO Commitments – 2013 Is Not the Solution Even Though China Is Now in Compliance on Certain Raw Materials
January 9, 2013 by Terence P. Stewart

When China joined the World Trade Organization in late 2001, many were hopeful that the myriad of trade restricting practices China used to favor domestic industry, grow exports and restrict imports would be ending. Certainly having China in the WTO has resulted in strong growth in bilateral trade for many nations and in reduced Chinese tariffs largely in keeping with WTO obligations. However, those who hoped that China would dismantle many of its trade distorting practices have been largely disappointed.

Changing of the Guard at the World Trade Organization in 2013 – What Does the List of Candidates for Director-General Say About the System?
January 8, 2013 by Terence P. Stewart

For many businesses, what happens at the World Trade Organization is little understood and the major institutional changes that occur typically not followed. With the challenges the WTO has faced in areas outside of dispute settlement and the seemingly limited ability to move forward on an agenda supported by major trading nations, the lack of awareness or interest may be understandable. Moreover, the WTO is a “member-driven” organization, meaning that the WTO staff, including the Director-General, have limited powers if the major members are not able in fact to bridge their differences on the future of the trading system.

Trade Policy Progress: What To Expect In 2013
January 7, 2013 by Bill Frymoyer

President Obama has a bipartisan opportunity to develop a new consensus on trade policy in 2013. As a Democratic president who understands the importance of both enhancing exports and providing incentives for middle-class opportunities at home, he is well-situated to achieve significant progress on trade in his second term. Clearly this is a tricky exercise given the 20-year battle between Democrats and Republicans, labor unions and business on trade policy.

U.S. Department of Energy Releases Economic Studies On LNG Exports
December 13, 2012 by Alan M. Dunn

The U.S. Department of Energy has at least 15 applications pending seeking approval to export liquefied natural gas (LNG) but so far has licensed LNG exports by one company, Cheniere Energy Inc. from its Sabine Pass LNG terminal.

Granting PNTR to Russia and Assuring Russia’s Compliance with its WTO Commitments
December 6, 2012 by Terence P. Stewart and Philip A. Butler

Earlier today, the U.S. Senate passed H.R. 6156, a bill granting Permanent Normal Trade Relations (“PNTR”) to Russia, by a vote of 92 to 4. The President is expected to sign the measure shortly. This bill repeals application of Section 402 of the Trade Act of 1974 (the “Jackson-Vanik” amendment) to Russia and allows for the President to grant Russia PNTR.

How Trade Rules Can Help Level the Export Financing Playing Field: New Developments and a Path Forward for 2013
November 16, 2012 by Elizabeth J. Drake

At the end of this month, two key events in the continuing effort to discipline subsidized export financing by the Government of China will occur. First, the U.S. will, for the first time, impose countervailing duties on imports from China to offset export credit subsidies provided by the China Export-Import Bank (“China Ex-Im”). The export credit program will account for the majority of countervailing duties imposed on imports of solar panels from China, due to the Chinese government’s refusal to share China Ex-Im data with the U.S. during its investigation. Second, also at the end of this month, the Treasury Department will report to Congress on progress in negotiations with China and other countries to limit export credit subsidies. This will be the first such report since the U.S. and China announced new negotiations on export financing earlier this year, with the goal of reaching an agreement by 2014.

Terence P. Stewart Speaks to Fluorspar Industry on China’s Export Restraints
October 25, 2012 by Terence P. Stewart and Elizabeth J. Drake

On October 24, 2012, Terence P. Stewart, Managing Partner of the Law Offices of Stewart and Stewart, addressed the annual global conference of the fluorspar industry in Vancouver, British Colombia. Stewart spoke to the group about China’s export restraints on fluorspar, providing an analysis of the successful case that the U.S., EU, and Mexico brought against these export restraints at the World Trade Organization and the likely market impacts of the case. The presentation provided timely insight as China faces a December 31, 2012 deadline to eliminate the export restrictions that were found to violate its WTO obligations.

EU Requests Compliance Panel in Ongoing WTO Large Civil Aircraft Subsidy Dispute
October 12, 2012 by Jennifer M. Smith

Yesterday, the European Union (“EU”) requested the establishment of a World Trade Organization (“WTO”) panel to assess the United States’ compliance with recommendations to end subsidies to Boeing that the WTO adopted on March 23, 2012.

CBP Develops Procedures to Implement the Recent Customs Offsetting and Refund Rule Providing Enhanced Benefits and Opportunities for Importers Who Discover Errors in Entries
September 13, 2012 by Alan M. Dunn and Jennifer M. Smith

Last month, U.S. Customs & Border Protection (“CBP”) implemented new informal procedures that clarify when importers may obtain refunds for overpayments of customs duties and fees versus offsets of underpayments of customs duties and fees with overpayments of customs duties and fees. These procedures explain how processes that importers have long used to claim refunds for overpayments or to correct customs errors, such as protests and Post-Entry Amendments/Post-Summary Corrections, intersect with a final rule that CBP issued in late 2011 that allows offsets of underpayments of customs duties and fees with overpayments of customs duties and fees for certain entries in the context of prior disclosures.

How Non-Profits, Particularly in Health Care, Can Obtain Federal Funds Now: Focus on Federal Agency Grants
August 14, 2012 by Kathleen H. Hatfield

In this difficult economic environment, the U.S. government has targeted non-profits for the continued distribution of funds through a number of continually-evolving mechanisms, some of which we have discovered do not involve “traditional” competitive grant requests. As explained below, at least one $230 million health care program we’ve found is formula-based -- meaning eligible applicants who submit a properly completed application will be funded.

Trade Law Improvements under the President’s National Export Initiative: An Update on Our April 20, 2012 Status Report
August 10, 2012 by William A. Fennell

As part of the President’s National Export Initiative, the Commerce Department announced its intention of strengthening U.S. Trade Laws on August 26, 2010. It identified fourteen different changes that it intended to make in its administrative practices.

Sequestration In January Would Devastate Job Creation And Wreak Havoc In Health Care, Manufacturing, And Other Domestic Sectors
August 1, 2012 by Kathleen H. Hatfield

A year ago this month, Congress and the Obama Administration agreed to a short-term increase in the debt ceiling in return for the establishment of a “Super Committee,” which was to present a plan for long-term deficit reduction. Under the Budget Control Act of 2011 (BCA), enacted on August 2, 2011, the Super Committee was to develop recommendations to reduce the federal deficit by 1.2 to 1.5 trillion dollars over 10 years.

Easing Sanctions on Burma: New Opportunities for U.S. Businesses
July 27, 2012 by Alan M. Dunn and Jumana Madanat Misleh

On July 11, 2012, the Obama Administration announced the easing of sanctions on Burma as they pertain to new investment and the provision of financial services by U.S. persons in that country. The announcement was accompanied by a new Executive Order (E.O. #13619) and the issuance of two new general licenses by the Treasury Department’s Office of Foreign Assets control (OFAC).

Implications of Russia’s Accession to the World Trade Organization
July 20, 2012 by Terence P. Stewart, Patrick J. McDonough and Philip A. Butler

On July 18th Russia’s upper house of Parliament, the Russian Federation Council, voted to ratify Russia’s accession to the World Trade Organization (“WTO”). Of the 166 members of the Federation Council, 144 members voted in favor of accession and only three opposed accession. This follows the close vote on July 10th in the Duma, Russia’s lower house of Parliament, where 238 out of 450 members voted for accession, only 12 votes above the necessary 226 votes.

EU Initiates Dispute Before the World Trade Organization Regarding Argentina’s Import Measures
May 30, 2012 by Terence P. Stewart, Stephanie Manaker Bell and Philip A. Butler

The European Union filed a request for consultations at the World Trade Organization (“WTO”) on May 25, 2012, formally initiating a dispute with respect to various import policies that have been imposed by the Argentine government.

Trade Law Improvements under the President’s National Export Initiative: A Status Report
April 20, 2012 by Terence P. Stewart, Patrick J. McDonough and William A. Fennell

As part of the President’s National Export Initiative, the Commerce Department announced its intention of strengthening U.S. Trade Laws on August 26, 2010. It identified fourteen different changes that it intended to make in its administrative practices. These are meant to improve the accuracy and efficacy of its administration of the trade laws.

EU Proposed Regulation Limiting Access to EU Public Procurement Market
April 3, 2012 by Geert De Prest

Government procurement is subject to a plurilateral agreement within the WTO as well as various bilateral deals. Agreements concluded by the EU that include market access commitments in the field of government procurement are listed below. The EU has sought an expansion of the plurilateral Agreement on Government Procurement amongst the WTO members to the Agreement (including the U.S. and Japan) and has also sought to have China become a member of the WTO (along with the U.S. and Japan and others).

Some Thoughts on the Second Export Restraint Case Brought Against China by the U.S., EU and Japan
March 30, 2012 by Terence P. Stewart

At a Global Business Dialogue event in Washington, D.C., held on March 29, 2012 on the WTO Case Against China’s Export Restraints on Rare Earths, Tungsten, and Molybdenum, Terence Stewart, the managing partner of the Law Offices of Stewart and Stewart, presented an overview of the WTO case reviewing the concerns expressed by President Obama, Ambassador Kirk and their counterparts in the EU and Japan about the myriad policies undertaken by China on a wide range of products that distort the price of various inputs outside of China while depressing the prices within China, drawing investment in user industries into China to gain access to more affordable inputs.

Trade-Related Elements of Job Losses in America Presentation at 2nd Annual Conference on the Renaissance of American Manufacturing
March 27, 2012 by Terence P. Stewart

The United States has lost millions of manufacturing jobs in recent years. While these job losses flow in part from the most severe recession since the Great Depression, a host of trade-related problems, both internal to the U.S. and external in terms of trade actions by our trading partners, have contributed significantly to the weakening of our manufacturing base.

U.S. – Korea Free Trade Agreement Takes Effect Today, March 15, 2012
March 15, 2012 by Terence P. Stewart

Korea is an important trading partner for the United States, supplying the United States with $56 billion in product in 2011 and taking U.S. exports valued at $41.3 billion last year, for combined two-way trade of nearly $100 billion.

A second round of cases on China’s export restraints on raw materials moves to the World Trade Organization
March 14, 2012 by Terence P. Stewart

March 13, 2012 marked the launch of a joint effort by the United States, the European Union, and Japan to obtain a broad-based resolution to a series of highly trade-distortive export restraints China imposes on a wide array of raw materials important to global commerce.

New Law Preserves Vital U.S. Countervailing Duty Laws Against China and Vietnam
March 13, 2012 by Terence P. Stewart

On March 13, 2012, the President signed H.R. 4105, authorizing the United States to continue to impose countervailing duties on subsidies from non-market economies (“NMEs”) The law was passed by both the House of Representatives and the Senate the prior week (in the House by a vote of 390 – 37; in the Senate by unanimous consent).

The U.S. Department of Commerce Issues Revised Foreign-Trade Zones Regulations
March 8, 2012 by William A. Fennell

The Foreign-Trade Zones Board of the International Trade Administration, U.S. Department of Commerce (“the Board”), has published a comprehensive revision to the Foreign Trade Zone regulations (15 CFR Part 400) that will govern its administration of U.S. foreign-trade zone activities. Foreign-Trade Zones in the United States, 77 Fed. Reg. 12112 (Feb. 28, 2012). The Board had proposed revisions to its existing regulations (codified at 15 C.F.R. part 400) on December 30, 2010 (75 Fed. Reg. 82340). It considered comments received on its proposals and developed the revised set of regulations that have just been published.

Proposed Changes to Customs Rules Regulating In-Bond Shipments
March 5, 2012 by Wesley K. Caine

U.S. Customs and Border Protection (“Customs”) is proposing changes to the Customs Regulations governing in-bond shipments of goods. According to the General Accountability Office, these shipments represent 30 to 60 percent of all imports that move through U.S. ports. Therefore, the proposed changes are bound to impact a broad array of U.S. importers. Briefly, the proposals are designed to tighten procedures and to reduce instances of importers abusing the privileges that bonded transportation affords. Customs invites the public to comment by April 23, 2012. A full description of the proposals is published in the Federal Register at “Changes to the In-Bond Process,” 77 Fed. Reg. 10622 (February 22, 2012).

Argentina’s Continued Use of Non-Tariff Barriers to Restrict Imports
February 28, 2012 by Stephanie Manaker Bell and Philip A. Butler

On February 1, 2012, a new trade measure went into effect in Argentina that requires importers to electronically file a sworn statement, which must provide information on the goods they wish to import, with the Administración Federal (“AFIP”) and await government approval prior to importation. Once received, the AFIP has three days to review the statement and determine whether to approve it, with the ability to take an additional fifteen days if another agency wishes to review the statement as well. AFIP General Resolution No. 3252/2012, issued January 5, 2012, available here.

A Road Forward for Domestic Industries and Their Workers after New Rule Weakens U.S. Dumping Law
February 21, 2012 by Terence P. Stewart and Patrick J. McDonough

The Obama Administration’s announcement that it has reached agreement with the European Union (EU) and Japan to end the use of “zeroing” in antidumping reviews, coupled with actions implementing the agreements (publication of the February 14, 2012 Commerce Department change in practice) and the work that will be undertaken on specific orders for specific companies to revise cash deposit rates based on the change, will result in the significant weakening of a major U.S. trade remedy for many domestic industries and their workers suffering from injurious international price discrimination.

Meeting the Challenge of China’s State-Owned Enterprises
February 15, 2012 by Elizabeth J. Drake

China’s state-owned enterprises (SOEs) play an increasingly important role in the Chinese market and in economies around the world. SOEs are key players in sectors ranging from energy to automobiles and chemicals to information technology. Many SOEs are also present in the seven “Strategic and Emerging Industries” in which China aims to become a world leader by 2030, in part through the investment of $1.5 trillion in government resources over five years.

China’s Export Restraints and the Recent WTO Appellate Body Report
February 7, 2012 by Terence P. Stewart

China is now the world’s largest exporter and one of the major beneficiaries of the global trading system. Yet China’s construction of its rights and obligations as a WTO member is often at odds with the plain language of the WTO agreements and of China’s Protocol of Accession and incorporated provisions from the Working Party Report. This can lead to disputes that are fundamental to China’s existing policy choices.

New Stewart and Stewart Report Details Rising Government Support for Chinese Auto and Auto Parts Producers
January 31, 2012 by Terence P. Stewart and Elizabeth J. Drake

In its 12th Five-Year Plan, adopted in March of last year, China designates “new-energy” automobiles and their components as one of the seven “strategic and emerging industries” targeted for massive increases in government support. The Chinese government will invest $1.5 trillion in these seven industries over the next five years. China will dedicate more than $18 billion in the new-energy automotive sector through 2020, and it aims to become the world’s leading producer of electric and hybrid vehicles and their key components by 2030.

New 2012 Tariff Categories Permit Better Tracking of Wind Energy Imports
January 4, 2012 by Elizabeth J. Drake

U.S. imports of wind energy components such as generating sets and towers grew rapidly in 2011, outpacing the growth in megawatts of wind power capacity installed. Up until now, it has been more difficult to track imports of other equipment used in the wind energy industry.

Opportunities and Challenges from Russia’s 2012 Accession to the WTO
November 28, 2011 by Terence P. Stewart, Patrick J. McDonough and Philip A. Butler

On November 10, 2011, the Working Party on the Accession of the Russian Federation to the World Trade Organization (WTO) approved Russia’s accession package, including the accession protocol, working party report, and market access schedules for goods and services.

Snapshot of FTA Implementing Legislation Signed on October 21, 2011

On October 21, 2011, President Obama signed into law three bills that implement three bilateral trade promotion or “free trade” agreements with Colombia, Panama, and South Korea that were initially negotiated and signed in 2006 (Colombia) and 2007 (Panama and Korea).

New Customs Regulations re Customs Audits and Prior Disclosures
October 28, 2011 by Wesley K. Caine

U.S. Customs and Border Protection (Customs) just published new regulations dealing with audits and prior disclosures. The new rules become effective December 27, 2011. The rules authorize sampling techniques in customs audits and in prior disclosures. They also allow, in certain circumstances, in the context of an audit and sometimes in a prior disclosure, the offsetting of duty overpayments against underpaid amounts, even when liquidations of entries are final.

Stewart and Stewart Paper Examines Causes of High Food Prices and Reviews Current and Potential Policies to Prevent Future Spikes in Food Prices
October 18, 2011 by Terence P. Stewart and Stephanie Manaker Bell

In February 2011, world food prices reached an all-time high, exceeding even the prices seen during the 2007-2008 food price crisis. The speed with which food prices increased from July 2010 to February 2011, as well as the fact that the world experienced a food price crisis just three years ago, raises questions about extended periods of extraordinarily high food prices and the negative implications that they have for moving people out of poverty and reducing social turmoil.

UPDATE - Developments in U.S. Export Controls
September 19, 2011 by Alan M. Dunn

U.S. businesses need to be aware of the changing landscape of U.S. export controls and must exercise care in complying with these shifting legal regimes. The U.S. government currently is engaged in an effort to overhaul the U.S. export control system, and is implementing some changes in a piecemeal fashion as it makes progress on the reforms.

WTO Appellate Body Upholds U.S. Safeguard against Imported Passenger Car and Light Truck Tires from China – Confirming the Importance of Self-Help for Injured Industries and Workers
September 8, 2011 by Terence P. Stewart, Amy S. Dwyer and Elizabeth J. Drake

The September 5th World Trade Organization Appellate Body report in US – Tyres (China), WT/DS399, affirmed the right of the United States faced with market disruption from surging imports from China to make use of a special transitional safeguard China accepted as part of its accession protocol to the WTO in 2001. For the industries and their workers who have sought relief under the U.S. law implementing this right (Section 421 of the Trade Act of 1974, as amended (19 U.S.C. § 2451)), it was a vindication of the correctness of their cause.

Preventing the Next Solyndra How to Create a Level Playing Field for America’s Solar Industry
September 2, 2011 by Terence P. Stewart and Elizabeth J. Drake

On August 31, 2011, Solyndra, Inc., a U.S. solar company that had received hundreds of millions in government-backed loan guarantees and employed more than a thousand American workers, announced it was entering bankruptcy and closing its doors. Solyndra was the third solar company to declare bankruptcy last month, following close on the heels of Evergreen Solar, Inc. and SpectraWatt Inc. While some news reports and commentators suggest the bankruptcies call into question the wisdom of U.S. government support for the solar industry, others rightly note that competition with more aggressively subsidized Chinese manufacturers has played a major role in the industry’s plight.

Debt Ceiling Agreement Puts Pressure on Constituencies to “Make Their Best Case” to Congress Before Super Committee’s October 14 Deadline
August 26, 2011 by Terence P. Stewart and Kathleen H. Hatfield

The contentious debate over lifting the deficit ceiling has made it clear that Americans will face drastically lower government spending levels and potentially dramatically different priorities by the end of 2011. Corporate leaders and key industries likely to be affected by potential budget cuts should be sure they communicate quickly with Congress and participate in the government’s deliberations to the greatest extent possible. The newly-selected Congressional Super Committee, appointed to cut $1.5 trillion in 10 years, will accept recommendations from committees of relevant jurisdiction by October 14, 2011. Time is short for meaningful participation from key national constituencies.

New Economic Sanctions Introduced In Response to Libyan and Syrian Crackdowns on “Arab Spring” Require Vigilance by Businesses to Avoid Violations
July 21, 2011 by Alan M. Dunn

In response to government violence and human rights abuses arising out of the “Arab Spring” in Syria and Libya, the United States and the European Union have issued a series of sanctions over the last several months directed at the Libyan and Syrian governments and members of the governing regimes.

Stewart and Stewart Report Examines Government Support for High Technology in China’s Latest Economic Development Plan
June 20, 2011 by Terence P. Stewart and Elizabeth J. Drake

On March 14, 2011, the Eleventh National People’s Congress of the People’s Republic of China approved The 12th Five-Year Plan for National Economic and Social Development. The plan intensifies the nation’s focus on its high-technology sector as an engine for growth and industrial transformation, and it outlines goals to help the country develop science and technology as important driving forces for China’s economic and social development over the next five years.

China Intensifies Dominance of Global Rare Earths as Industry and Policymakers Debate Course of Action
June 9, 2011 by Terence P. Stewart

China produces 97 percent of the world’s supply of rare earth elements, minerals which are crucial to a wide range of vital industries, including advanced technology, renewable energy, electronics, and defense. Industries and workers in the U.S., Europe, and Japan have become increasingly alarmed at China’s tightening restrictions on the exportation of these minerals to the rest of the world, which have caused supply shortages and skyrocketing prices for the manufacturers that rely on these essential elements.

China’s 12th Five-Year Plan: An Overview
May 18, 2011 by Ping Gong and Jessica Wang

Every five years for the past six decades, the Government of China has adopted a master plan for its economic and social development. The fundamental blueprint of China’s socio-economic development for the next five years – China’s 12th Five-Year Plan for National Economic and Social Development (the “Plan”) – was ratified by China’s National People’s Congress on March 14, 2011.

Stewart and Stewart Report Reveals Increased Support for Agriculture in China’s Latest Economic Development Plan
May 11, 2011 by Terence P. Stewart and Elizabeth J. Drake

On March 14, 2011, the Eleventh National People’s Congress of the People’s Republic of China approved the nation’s 12th Five-Year Plan for National Economic and Social Development (“12th Five-Year Plan”). The plan contains a wide array of goals for the nation for the five years from 2011 through 2016, including goals in the country’s agricultural sector.

The April 21 WTO Chairpersons’ Reports from Geneva – What to do with all the work put in over the last 10 years?
April 26, 2011 by Terence P. Stewart

In a recent trade flow, I asked the question whether a smaller deal or walking away from the talks made the most sense in light of the dramatic impasse in the ongoing Doha multilateral trade negotiations that was highlighted by the United States at the March 29 meeting of the Trade Negotiation Committee (“TNC”) and that has been subsequently confirmed by many delegations and by the Director-General of the WTO, Pascal Lamy.

Doha Negotiations – A More Modest Agenda or Time to Walk Away?
April 4, 2011 by Terence P. Stewart

The current round of multilateral negotiations in the WTO (the so-called Doha Development Agenda) are approaching the tenth anniversary of their launch in November 2001. While WTO Members have engaged in significant discussions over the last decade, the process has been stuck for years on a mismatch in expectations and levels of ambitions by the major players. While one can identify a range of possible explanations for why the impasse has occurred, what is quite clear is that closing the gaps seems as far away today as it did three years ago.

Major Reduction in Worldwide Poverty Enabled by Economic Reforms and by Global Trading System; Further Liberalization by Major Developing Countries Would Benefit Themselves and the Rest of the World
March 21, 2011 by William A. Fennell

A recent Brookings Institute paper entitled Poverty in Numbers: The Changing State of Global Poverty from 2005 to 2015 highlights the unprecedented reduction of global poverty that has occurred since the early 1980s. The paper attributes the reduction to economic growth in developing countries. In the countries with the most significant poverty reductions (China and India), economic growth has been led by dramatically expanded exports. The global trading regime has allowed these countries to radically increase their exports to the world and, coupled with some economic reforms at home, has been a principal enabler of this growth with resultant reduction in extreme poverty.

U.S. Faces Important Choices after WTO Appellate Body Ruling on Trade Remedies for Dumping and Subsidization by China
March 15, 2011 by Elizabeth J. Drake

On March 11, 2011, the Appellate Body of the World Trade Organization (“WTO”) issued its decision in a challenge brought by the Government of China to several antidumping (“AD”) and countervailing duty (“CVD”) investigations conducted by the United States. The decision reversed a couple key aspects of an earlier WTO panel decision that had largely upheld the manner in which U.S. trade remedy laws had been applied to China. The United States now has several options before it in light of the Appellate Body’s ruling.

SEC Has Proposed Very Broad-Reaching Disclosure Regulations Regarding Many Products Containing Conflict Minerals
January 18, 2011 by Elizabeth A. Argenti and Alan M. Dunn

In an effort to lessen the violence in the Democratic Republic of the Congo, the SEC has proposed a new rule that has the potential to affect thousands of companies involved in the production of items containing metals such as tin, tungsten, tantalum, and gold.

Impacts of IP Violations in China on U.S. Companies and Competitiveness Explored in New ITC Report
December 15, 2010 by Terence P. Stewart and Elizabeth A. Argenti

In 2009, China accounted for 79% of all Customs seizures of IPR-infringing goods in the U.S. - creating deep concerns within our companies about lost sales, depressed prices and profitability, and new competitors selling these illegal items

A Roadmap for Progress on U.S. – China Trade at the WTO
June 10, 2010 by Terence P. Stewart

Trade data released this week reveal a surge in China’s exports and trade surplus in May, while American exports fell and the gaping U.S. trade deficit widened. The increasing imbalance in U.S.-China trade was the backdrop for a June 9 hearing at the U.S. – China Economic and Security Review Commission entitled, “Evaluating China’s Past and Future Role in the World Trade Organization.”

Opening Up the World Trade Organization: How the Promise of Greater Transparency Has Been Compromised by the Wholesale Use of “JOB” Documents
May 12, 2010 by Terence P. Stewart

The World Trade Organization (“WTO”) is an intergovernmental organization that came into existence in 1995. Its predecessor, the General Agreement on Tariffs and Trade (“GATT”), had received relatively little notice and operated largely out of public view. However, the growing importance globally of trade, the expansion of rules to areas traditionally viewed as domestic in nature, and a dispute settlement system that was more binding on participants all increased the pressure on the WTO to improve its transparency to the public.

Export Control Overhaul: Gates Calls for a Focus on the “Crown Jewels”
May 3, 2010 by Elizabeth A. Argenti and Alan M. Dunn

Secretary Gates recently announced a massive reorganization plan for the United States’ export control regime. At its heart, the proposed reform calls for streamlining the existing system by combining what are currently separate lists of restricted technologies as well as enforcement agencies for: (1) defense items (such as weapons and related technology); and (2) for dual-use items (goods, technology and software that may have both commercial and military applications).

Vigorous Enforcement of U.S. Trade Laws: The Need Has Never Been Greater
April 27, 2010 by Terence P. Stewart

With extraordinarily high levels of unemployment and pressing challenges to the stability of our economy, Congress and the Obama Administration need to stay focused on these major trade challenges both at home and abroad.

Government Procurement between the United States and Canada
April 23, 2010 by Terence P. Stewart

The recently concluded U.S.-Canada Agreement on Government Procurement is a reflection of the power of reciprocity in obtaining expanded market opportunities for U.S. companies. The agreement is a win-win for both governments and their companies and workers. The main impetus for the agreement was the 2009 U.S. stimulus package and Canada’s ineligibility for access to infrastructure spending at the state level because of the lack of Canadian commitments for their provincial governments. But let’s start with a little background.

Access To Raw Materials
April 21, 2010 by Terence P. Stewart

It is easy to lose sight of the importance that access to raw materials can have for the development or maintenance of a national economy or participation in growth sectors. While most Americans would think about our dependence on foreign oil for our current energy needs as an area where access to raw materials is vital, few would appreciate the sensitivities we face as a nation to access to other raw materials, including a group of products derived from so-called rare earth minerals.

Stewart and Stewart Identifies Trade Tools to Redress China’s Currency Undervaluation
April 8, 2010 by Terence P. Stewart

On April 7, 2010, the Law Offices of Stewart and Stewart submitted an analysis to the House Ways and Means Committee identifying options for addressing the trade-distorting effects of China’s exchange rate policies.While recent news stories suggest China may eventually alter some of its currency practices on its own, the United States should have all options on the table to eliminate unfair currency undervaluation.

Hearing On “Rare Earth Minerals and 21st Century Industry”
March 17, 2010 by Terence P. Stewart

China’s Actions on Rare Earth Minerals; Mr. Chairman and Members of the Subcommittee, good afternoon. China’s policy on rare earth minerals is similar to that nation’s actions on a large number of other raw materials.The general goals seem to be: reducing availability of supply for global customers as well as making foreign purchases more expensive through the imposition of export duties, export licenses, and other trade impeding measures. China’s policy encourages foreign investors to move production and investment to China and ensures low priced supplies for targeted, rapid growth sectors within China.

The “São Paulo Round” Encourages “South-South” Trade
January 6, 2010 by Amy S. Dwyer

While analyses in the media suggest that many countries are rethinking free trade, a group of developing countries recently took unprecedented steps to liberalize trade with each other. It will be worth watching how these countries build on the framework worked out on December 2, 2009, in Geneva.

Latest WTO Victory Underscores China’s Backpedaling on Global Commitments
December 21, 2009 by Terence P. Stewart

It was welcome news when the United States prevailed in a World Trade Organization Appellate Body ruling December 21 in a case involving China’s de facto market barriers to U.S. movies, DVDs and a wide range of media. Unfortunately, however, the dispute illustrates China’s apparent obstinacy when it comes to complying with its WTO obligations.

Copenhagen Reinforces Importance of Effective Border Measures
December 19, 2009 by Elizabeth J. Drake

While some commentators have suggested that the inclusion of a “border adjustment” provision in the climate legislation that passed the U.S. House of Representatives earlier this year was another source of tension that would bog down negotiators on climate change talks in Copenhagen, it appears the opposite is more likely the case as talks wrapped up just hours ago.

Big Changes on Trade Front in Europe but Implications Still Uncertain
December 1, 2009 by Geert De Prest and Stephen J. Norton

The Treaty of Lisbon goes into effect today. This momentous event in the evolution of European governing has been taking shape for some weeks with the selection of a person portrayed as the first “president of Europe” as well as a new trade commissioner. Additionally, the enhanced role of the European Parliament provided for under the Treaty is bound to affect the formulation of trade policy in Europe.

Office of Foreign Assets Control Issues Final Enforcement Guidelines
November 19, 2009 by Elizabeth A. Argenti and Alan M. Dunn

With OFAC’s issuance of its final enforcement guidelines, U.S. importers and exporters now have clearer guidance on how OFAC will determine penalties in enforcement actions when their business activities run afoul of U.S. trade sanctions imposed on certain foreign countries, individuals, and organizations.

Export Controls – The Current Reform Effort May Be More Than Rhetoric
October 21, 2009 by Alan M. Dunn

Sufficient political forces may have aligned to overcome the hurdles to an overhaul of the U.S. export control system. Many see current export controls on dual-use items as no longer serving U.S. national security and harming U.S. economic interests. The challenge is in striking a balance so that American innovators can tap new export markets while ensuring that sensitive technologies and equipment do not get into the hands of America’s enemies.

The Section 421 Tire Case: A Win for the Rules-Based Trading System
September 18, 2009 by Eric P. Salonen

On September 11, 2009, President Obama granted relief under the China-specific safeguard created in 2000 as part of China’s accession to the World Trade Organization. Though seven cases have been pursued under Section 421, and the independent, bipartisan International Trade Commission (“ITC”) recommended that import relief be imposed in five of those cases, the tires case is the first in which the President has agreed to apply a remedy.

United States and Europe Take on China’s Export Restraints
July 8, 2009 by Terence P. Stewart

In a case with potentially major implications for the global trading system, the United States and Europe have decided to challenge a growing problem of China’s use of various export restraints on raw materials vital to core manufacturing industries like steel, aluminum and chemicals.

House Passes Climate Change Bill: Rebates and Border Measures Aim to Mitigate Carbon Leakage Threat
June 30, 2009 by Elizabeth J. Drake

On Friday, June 26, 2009, the U.S. House of Representatives passed H.R. 2454, The American Clean Energy and Security Act of 2009, historic legislation aimed at capping U.S. greenhouse gas emissions and averting the worst effects of climate change. The bill contains a number of measures to address the threat of carbon “leakage.” This Trade Flow provides an explanation of this issue as the legislation moves through Congress.

“Buy American” is No Job Killer
June 8, 2009 by Elizabeth J. Drake

There have been a number of stories in the media recently about how the “Buy American” provision in the economic stimulus and recovery law enacted earlier this year is leading to job-destroying retaliation by other countries. The most recent one, the lead editorial in the June 3 New York Times, “The Peril of Buy American,” like other reports, offers an incomplete analysis. The “Buy American” provision does not cost American jobs. It helps preserve and create them.

Attitudes May be Changing But Cuba Embargo Is Still Tight
May 4, 2009 by Alan M. Dunn

White House and senior Congressional leaders have indicated their support for various relaxations of the long-standing U.S. embargo on Cuba but lifting the embargo will require significant legislation by Congress. None of the bills currently under consideration would lift the embargo or even relax current restrictions except in a few product sectors.

Restoring Forward Movement to Global Trade
April 29, 2009 by Terence P. Stewart

In the face of economic contraction in many countries and the collapse of trade financing, it is not surprising that international trade is also contracting at a very high rate. In response, countries must stabilize their economies, address the financial system meltdown and get themselves back on the path to growth. Restoration of global trade flows depends on restoring overall economic health and not focusing on whether countries use trade remedies authorized by the World Trade Organization.

Don't Buy the Anti-Buy American Arguments
February 5, 2009 by Terence P. Stewart

The fact that there is a debate about the legality of “buy American” provisions in the economic stimulus legislation before Congress is perplexing. International trade rules allow such discretion in national procurement policies. Period.

CBP Revises 10+2 in Final Rule, Allowing for Greater Flexibility
November 25, 2008 by Andrew Anderson-Sprecher and Catherine X. Chen

The U.S. Customs and Border Protection (CBP) published its much-anticipated Interim Final Rule on Importer Security Filing and Additional Carrier Requirements (also know as 10+2) on November 25, 2008. The purpose of 10 + 2 is to allow CBP to identify high risk shipments and ensure cargo security. The Final Rule, which takes effect on January 26, 2009, will require importers to electronically submit ten pieces of information (data elements) to CBP and carriers to submit another two (hence the name “10+2”).

White House Approves 10+2 Security Initiative
November 10, 2008 by Andrew Anderson-Sprecher

The White House Office of Management and Budget has given U.S. Customs and Border Protection (CBP) the authority to move forward with Customs' 10+2 proposal, the Journal of Commerce reported on November 7, 2008.

CPSC to Allow for Electronic Filing of General Conformity Certificates
October 30, 2008 by Andrew Anderson-Sprecher

In a move sure to cheer worried importers and manufacturers, the Consumer Product Safety Commission (CPSC) released information Friday stating that it intends to allow electronic filing of General Conformity Certificates. The clarification comes less than three weeks before the November 12 implementation date for the new certification requirement under section 102 of the Consumer Product Safety Improvement Act (CPSIA).

Lacey Act’s Largest Impact May Not be the Declaration Requirement
October 17, 2008 by Andrew Anderson-Sprecher

Could a paper price tag on a shirt force an importer to account for what tree was cut down to make the paper? A provision in the 2008 Farm Bill (P.L. No. 110-246) designed to combat illegal logging has sent importers of a wide range of products scrambling to assess how their business will be affected.

Importers Need to Brace for Imminent Modified Reporting Requirements on (“10 + 2”)
October 14, 2008 by Andrew Anderson-Sprecher

With modified reporting requirements for the so-called 10+2 proposal likely coming from U.S. Customs and Border Patrol (CPB) by the end of the year, importers need to review implications for their compliance programs and take a number of steps in the coming months to avoid penalties equal to the value of their shipment.

Infant Formula Tragedy Shows Importance of Ensuring Food Safety in Global Supply Chains
September 26, 2008 by Andrew Anderson-Sprecher

The ongoing tragedy of Chinese infants getting sick and dying after consuming tainted baby formula highlights the importance of strong food safety measures throughout global supply chains. The apparent adulteration of milk at collecting centers in China caught international corporations off guard and escaped attention of government regulators for close to a year. Chinese authorities, importing countries, and corporations must now assess how to ensure food safety in the future.

Court Clarifies Controversial Bratsk Decision
September 19, 2008 by Eric P. Salonen

On September 18, 2008, the Court of Appeals for the Federal Circuit issued its decision in Mittal Steel Point Lisas Limited v. United States, Court No. 2007-1552. This decision provides important clarification regarding an earlier CAFC decision, Bratsk Alumnum Smelter v. United States, 444 F.3d 1369 (Fed. Cir. 2006), which had proved highly controversial in the trade bar and was interpreted as imposing a host of data collection burdens on parties and the U.S. International Trade Commission in anti-dumping cases.

Customs and Border Patrol Announces First Sale Reporting Requirement
September 2, 2008 by Andrew Anderson-Sprecher

On August 25, 2008, U.S. Customs and Border Patrol (CBP) announced new reporting requirements related to what is known as the First Sale Rule, effectively nullifying an earlier proposal that would have stopped importers from using it.

The Market and the Classroom: The Beginning of a Beautiful Friendship?
August 15, 2008 by Stephen J. Norton

The hearing was about the future of U.S. trade policy. The witnesses were four former U.S. trade representatives. But it was education that emerged as the dominant subject.

U.S. Customs Proposes Sweeping Changes to Country of Origin Rules
August 14, 2008 by Andrew Anderson-Sprecher

On July 25, 2008, CBP proposed applying special country of origin rules that now apply only to Mexico and Canada to all imports entering the United States, unless otherwise specified. (See 73 FR 43,385.)

Could it be Act I, Scene I for an Auto Parts Dispute with China?
August 13, 2008 by Amy S. Dwyer

The United States and a few of its trading partners scored a victory at the WTO recently when a panel found that Chinese measures affecting the importation of auto parts were inconsistent with China’s obligations under the WTO Agreement because they gave imported auto parts less favorable treatment than domestic auto parts. China – Measures Affecting Imports of Automobile Parts, WT/DS339, 340, 342/R.

Running Afoul of OFAC Trade Sanctions Is A Lot More Expensive Under New Law
August 11, 2008 by Alan M. Dunn

Exporters and other U.S. persons involved in international transactions now face significantly higher civil and criminal penalties if they ship goods to countries subject to U.S. trade restrictions, such as Iran. Tough new penalties for companies or individuals who run afoul of OFAC economic sanctions (as well as other export control or anti-boycott restrictions) were formally implemented in June 2008 and emanate from legislation Congress approved last fall.

USTR Seeks Input on China's WTO Compliance
August 1, 2008 by Andrew Anderson-Sprecher

The Office of the United States Trade Representatives (USTR) is seeking assistance identifying “significant barriers” to U.S. exports to and foreign direct investment in China. USTR is also seeking written comment and/or oral testimony on China’s compliance with its obligations as a WTO member. This is a valuable opportunity for companies facing unfair trade barriers or trading practices to inform USTR of their concerns.

Stewart and Stewart is pleased to present a special edition of “Trade Flows” which offers Terence P. Stewart’s penetrating look at the issue that created the impasse in the WTO Doha Round
July 31, 2008 by Terence P. Stewart

As U.S. Trade Representative Susan C. Schwab said on July 29, trade ministers were “so close” in forging a new WTO agreement on trade liberalization. Director General Pascal Lamy viewed some 90% of issues needed to be resolved for the modalities package to be achieved as having achieved convergence or being close to convergence. The stumbling block turned out to be an issue involving the rights of developing countries to have a special safeguard mechanism to protect their farmers from surges in imports. In fact, all WTO members already have access to one safeguard tool for all products, including for agricultural products. A second tool is available to some countries from the Agreement on Agriculture from the Uruguay Round.

Russia Adopts New Guidelines for Foreign Investment in Key industries
June 26, 2008 by Philip A. Butler

Rather than “withering away,” as Marx envisioned, the state seems to be growing more robust in Russia. Last month, President Vladimir Putin of Russia signed into law, legislation that limits foreign investment in forty-two industrial sectors considered by the Russian government as “strategic”.

Withdrawal of Tolling Regulations in Antidumping Proceedings
June 17, 2008 by Nazak Nikakhtar

The Commerce Department is revoking an eleven-year-old regulation that was supposed to clarify analysis in dumping cases in which manufactured products were subcontracted to another company. Commerce determined that the regulation ended up impeding its discretion and making it harder for domestic industries to get relief when goods are “sold at less than fair market value” (or “dumped”) in the U.S. market.

EC REACH Implementation -- Balancing Environmental/Health Protection and the Promotion of Innovation in the Chemical Industry
May 16, 2008 by Christopher C. Meyerson

Thousands of chemical producers and importers around the world are gearing up for the next step in the implementation of EC REACH, Europe’s new public health and safety regulation for chemical substances.

China’s National Legislature Opens its Door to Public Notice and Comments
May 5, 2008 by Jin Ma

In another possible sign of more transparency and public input on policy in China, (see April 3 Trade Flow), the Standing Committee of the National People’s Congress (NPCSC) in late April adopted what it called the “open door legislature policy,” promising public notice and participation in the national legislative process.

Food Crisis Signals Need for Comprehensive Approach to Agricultural Trade Policy
April 28, 2008 by Terence P. Stewart

Like a hurricane, the perfect storm that has spurred the global food crisis continues to draw strength from the open ocean of factors that generated it. Unlike a hurricane, there is no great land mass on the horizon that will cause it to break up and disappear. There is, however, an opportunity for global trading and economic institutions to respond to the current situation and prevent future catastrophes.

Counterfeiting: An Epidemic with No Cure in Sight
April 24, 2008 by Elizabeth A. Argenti

A new film began airing recently on PBS entitled Illicit: The Dark Trade. This movie is based on a best-selling book by Dr. Moises Naim and it explores the international networks facilitating the growing trade in illicit items, such as counterfeit products, weapons and even human beings. The movie highlights the global nature of this problem and illustrates some of the serious consequences that result from trading these illegal and dangerous goods.

China-New Zealand FTA Covers A Lot and Breaks Some New Ground
April 21, 2008 by Terence P. Stewart

As we noted ten days ago, April 7, 2008 saw the People’s Republic of China and New Zealand sign a free trade agreement to expand the trade of goods and services, promote investment and achieve other objectives. The agreement is the first by China with a developed country. An initial analysis points to a fairly comprehensive agreement with some particularly notable items in the services areas related to immigration.

Ads Alone Will Not Curb Public Concerns About Trade
April 15, 2008 by Stephen J. Norton

Even before the breakdown of cooperation between the Legislative and Executive branches on the Free Trade Agreement with Colombia last week, free trade enthusiasts have been struggling to understand why public support for trade seems to be eroding.

Ukraine’s parliament passes legislation ratifying Ukraine’s Protocol of Accession to the WTO
April 11, 2008 by Terence P. Stewart

An overwhelming 411 of 450 members of the Verkhovna Rada (Ukraine’s Parliament) voted for the law on ratification of the protocol of WTO accession for Ukraine.

The Banana Saga Continues
April 9, 2008 by Terence P. Stewart

Europe has still not been able to devise a banana import regime that works for many Latin American countries. On April 7, 2008, the WTO panel examining Ecuador’s complaint against the EC’s current import regime found the regime violates a number of obligations the EC has under the WTO. Ecuador’s dispute with Europe is just the most recent iteration of a longstanding concern about preferential access provided to certain developing countries (the African, Caribbean, and Pacific or ACP countries) that significant banana exporting countries in Latin America have had over time.

WTO issues panel decisions in the ongoing dispute of beef hormones
April 7, 2008 by Terence P. Stewart

The trans-Atlantic tussle that started a dozen years ago over Europe’s concern about the safety of U.S. and Canadian beef treated with certain hormones continued March 31 with WTO rulings that, if nothing else, clarified the rules.

U.S. Customs and Border Protection Elevates AD/CVD Enforcement to a Priority Trade Issue
April 4, 2008 by William A. Fennell

The U.S. Customs and Border Protection (CBP) announced on Thursday, April 2, that it was elevating the collection of antidumping (“AD”) and countervailing (“CVD”) duties to a “priority trade issue.” Antidumping duties are imposed on imports that have been sold in the U.S. at less than fair value, i.e., for less than they are sold in their country of production or at prices below cost. Countervailing duties are imposed on imports that have been subsidized by the government in their country of production.

Signs of More Openness in Chinese Rulemaking Process?
April 3, 2008 by Jin Ma

In what could be a trend toward more transparency in its rule making process, China’s State Council Legislative Affairs Office is seeking public comments on its proposed merger regulation. The proposed regulation related to China’s new anti-monopoly law has been posted on the Office’s website since March 27. Comments can be submitted online or by mail by April 12.

President Gives the Nod for Full WTO Treatment for Ukraine
April 1, 2008 by Terence P. Stewart

President Gives the Nod for Full WTO Treatment for Ukraine and the U.S. and EU move towards mutual recognition on supply chain security programs.

This week Terry Stewart makes note of a number of developments in the international trade area
March 30, 2008 by Terence P. Stewart

WTO Doha Negotiations – conclusion in 2008 or 2010 or later? China and New Zealand FTA Breaks New Ground European Move on Internet Gambling Case Raises Intriguing Questions Uncertainty Over Effects of Customs’ Proposed Modification on Certain Valuations

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