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.

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.

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.

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.

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 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.

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.

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