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
A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures
U.S.A.
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
U.S. Demand For Local Content Rules of Origin for Autos May Be Contrary to GATT 1994 Article XXIV
Canada
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
Canada Commences Review Of Carbon Welded Steel Pipe Order After WTO DSB Panel Report
Canada
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
What Might Be The First Trade Issues Under The Canada-EU CETA?
Canada
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?
Seth Godin’s “On Pie” Applies To Market Access And The World Pie
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,
Exporters Who Receive De Minimis Dumping Margins in Canadian AD Cases Now Being Excluded From Final Orders
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
In the Eye of the Beholder
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
Iran Sanctions – Tit for Tat?
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
What Should Canadians Listen For While Watching the U.S. Presidential Debate
U.S.A.
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