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.

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.

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.

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”.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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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