Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Category Archives: World Trade Organization

Subscribe to World Trade Organization RSS Feed

New Tariffs: Trade War Washing Ashore?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, Trade Remedies, World Trade Organization

Yesterday, January 22, 2018, U.S. Trade Representative (USTR) Robert Lighthizer announced the imposition of safeguard tariffs on solar cells and modules.  Much has been said in the general press about this case, but only now is the key point starting to register, and is something international traders immediately thought about  – is President Trump starting… Continue Reading

A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures

Posted in Antidumping, Canada's Federal Government, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On December 20, 2017, Canada filed a Request for Consultations with the World Trade Organization (“WTO”) setting out various concerns with the application of U.S. trade remedies that Canada considers to be inconsistent with WTO rules.   On January 10, 2018, the Chairman of the Dispute Settlement Body circulated a communication of Canada’s 32 page Request… Continue Reading

U.S. Demand For Local Content Rules of Origin for Autos May Be Contrary to GATT 1994 Article XXIV

Posted in NAFTA Renegotiations, World Trade Organization

Article XXIV of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) (and the Understanding on the Interpretation of GATT Article XXIV of the General Agreement on Tariffs and Trade 1994) may prevent some of the U.S. demands made at the start of the NAFTA modernization/renegotiation talks this week.  Article XXIV of GATT 1994… Continue Reading

Canada Commences Review Of Carbon Welded Steel Pipe Order After WTO DSB Panel Report

Posted in Antidumping, World Trade Organization

In December 2016, Canada lost a World Trade Organization (“WTO”) dispute (Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (DS482)) concerning the Canadian International Trade Tribunal injury determination in the Carbon Steel Welded Pipe case NQ-2012-003 (which involved Chinese Taipei, the Republic… Continue Reading

What Might Be The First Trade Issues Under The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border litigation, Cross-border trade, Government Procurement, Imports Restrictions, Trade Agreeements, World Trade Organization

The Canada-EU Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) will come into provisional effect on September 21, 2017.  Sometimes, disputes that have arisen prior to the implementation of a free trade agreement, which are left unresolved at the time of implementation, turn into full disputes between the parties. What could those disputes be? The… Continue Reading

Seth Godin’s “On Pie” Applies To Market Access And The World Pie

Posted in Agriculture, Antidumping, Buy America, Canada's Federal Government, Canada-China FTA, Canada-EU CETA, Canada-Ukraine FTA, Cross-border deals, Cross-border trade, Exports, Imports Restrictions, NAFTA Renegotiations, Personal Comments, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On April 6, 2017, Seth Godin posted “On Pie” on his blog.  I have thought about what Seth Godin wrote in “On Pie” many times when Canada, US or Canada-US trade issues arise, such as the Softwood Lumber AD/CVD Dispute, the 232 Steel Case, the 232 Aluminum Case, the Canadian FISC AD/CVD Case, NAFTA renegotiation, etc…. Continue Reading

Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders

Posted in Antidumping, Trade Remedies, World Trade Organization

Foreign producers and exporters who receive a de minimis dumping margin (2% or less) in a Canadian antidumping case are now being excluded from final injury orders (that is, final orders for the imposition of antidumping duties).  What this means is that any foreign producer or exporter who priced at undumped levels (above domestic selling… Continue Reading

In the Eye of the Beholder

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, World Trade Organization

First published by the Journal of Commerce – April 2017 The first tangible indications of what trade policy might actually look like under the Trump Administration have been released. After excoriating NAFTA as the “worst trade deal ever” and quickly withdrawing the U.S. from the TransPacific Partnership, which was already dead, we are now starting… Continue Reading

Iran Sanctions – Tit for Tat?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Environment, Export Controls & Economic Sanctions, Exports, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region. In explaining the… Continue Reading

What Should Canadians Listen For While Watching the U.S. Presidential Debate

Posted in Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, NAFTA Chapter 11, Politics, Softwood Lumber, State Courts, State Governments, Tax, Trade Agreeements, U.S. Federal Government, U.S. Supreme Court, World Trade Organization

Tonight is the first U.S. Presidential Debate.  Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming.  I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should listen… Continue Reading

Canada has Implemented the WTO Information Technology Agreement and Eliminated Customs Duties on 201 Tech Products

Posted in Customs Law, World Trade Organization

On July 4, 2016, Canada’s Trade Minister Freeland announced that Canada implemented the World Trade Organization (WTO) expanded Information Technology Agreement (ITA). Pursuant to the expanded ITA, signatories agreed to eliminate tariffs on 201 information and communication technology (ICT) and related products. As of July 1, 2016, Canada permanently eliminated customs tariffs on many of… Continue Reading

The Art of Self Defense

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Buy America, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Cybersecurity and Privacy, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, Imports Restrictions, Intellectual Property, International Arbitrations, Legal Developments, NAFTA, origin, tariff classification, Tax, Trade Agreeements, Trade Remedies, Transportation, valuation, World Trade Organization

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures, import-export/regulatory policies, employment guidelines, ethics/anti-corruption initiatives and so on. The intent of any compliance program is to ensure that employees know what is expected… Continue Reading

China Would Like Canada To Accept It As A Market Economy

Posted in Antidumping, Trade Remedies, World Trade Organization

China would very much like Canada to accept that it is a market economy.  This is relevant in the context of anti-dumping and countervailing duty cases. Currently, under the World Trade Organization rules, if a country is not a market economy, a WTO member may use surrogate or third party information when calculating margins of… Continue Reading

What Will Canada Do Now? Canada May Put Duties On Over $1 Billion Annually From the USA

Posted in Agriculture, Cross-border trade, Customs Law, World Trade Organization

The World Trade Organization has agreed with Canada that the United States has not modified its laws to remove Country of Origin Labelling (COOL) violations and a WTO Arbitration Panel has ruled that “Canada may request authorization from the Dispute Settlement Body to suspend concessions and related obligations in the goods sector under the GATT… Continue Reading

Ukraine Is Joining WTO Agreement on Government Procurement

Posted in Government Procurement, World Trade Organization

On November 11, 2015, the World Trade Organization (WTO) announced that Ukraine is going to accede to the Agreement on Government Procurement.  On November 11, 2015, Ukraine’s terms of accession to the WTO Agreement on Government Procurement were approved.  Ukraine will formally accede to the GPA 30 days after it has deposited its instrument of… Continue Reading

Top 10 Canadian Customs/Border Issues Predictions for 2014

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Trade Agreeements, World Trade Organization

It is January 1, 2014 and time for Cyndee’s top 10 predictions for 2014. There will be a number of border issues for Canadians and persons doing business with Canadians. 1. The Canada Border Services Agency (CBSA) will confiscate and cancel an increasing number of NEXUS passes.  In 2013, we saw many NEXUS pass holders… Continue Reading

Canada wins trade dispute over COOL meat labeling requirements at the WTO against the U.S.

Posted in Cross-border trade, Trade Remedies, World Trade Organization

By: Sarah Rashid, University of Windsor law student After much anticipation from Canada in regards to the issue, Canada has won the trade dispute at the World Trade Organization (WTO) pertaining to the country-of-origin labeling (COOL) requirements on beef and pork imposed by the United States. Canada launched a challenge with the WTO in 2008… Continue Reading

U.S. May Breach Most-Favoured-Nation Rules If It Imposes GST/HST Protectionist Measures

Posted in Buy America, Cross-border trade, Customs Law, GST/HST, NAFTA, World Trade Organization

Yesterday I shared with you the Bloomberg Businessweek article “Buy American and Fairer Trade Can Solve Job Woes: Alan Tonelson“.  In this article, Alan Tonelson suggests that the United States should impose additional duties at the border on goods coming from a country with a value-added tax.  Canadians should be concerned because under the goods and… Continue Reading