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Category Archives: World Trade Organization

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President Calls For Inquiry Into China’s Technology Transfer Policy

Posted in Trade Negotiations, Trade Policy, World Trade Organization
On August 14, the President directed the U.S. Trade Representative (USTR) to study China’s policies of forcing U.S. companies to transfer technology and intellectual property to Chinese enterprises.  China uses a number of laws, policies, and practices that require U.S. companies to give up their technology as a prerequisite for either selling or investing in… Continue Reading

USTR and Commerce Call For Comments on Performance of Trade and Investment Agreements, Preference programs

Posted in Trade Policy, World Trade Organization
In today’s edition of the Federal Register, the U.S. Trade Representative and the U.S. Department of Commerce, two federal agencies at the forefront of U.S. trade policy, request comments from the public regarding the performance of U.S. free trade and investment agreements, preference programs, and trade relations with countries that are members of the World… Continue Reading

Handling of China’s predatory pricing may further divide US, EU

Posted in World Trade Organization
Over the past several months, U.S.-EU economic relations have at best been static, if not uncertain and wobbly. Now, the EU’s weak reaction to China’s World Trade Organization claim demanding treatment as a market economy — with the resulting potential reduction of measures against dumped imports — emerges as a very serious strain on the… Continue Reading

The Trump Administration’s First Trade Policy Agenda: A New “Economic Nationalism”?

Posted in Trade Negotiations, Trade Policy, World Trade Organization
On March 1, 2017, the Office of the United States Trade Representative (“USTR”) published a truncated version of the new Administration’s trade policy agenda for the coming year.  The agenda’s objectives are stated in broad terms, and the document suggests that a more detailed agenda will be forthcoming once the Senate confirms the Trump Administration’s… Continue Reading

ITC begins digital trade investigations as AEI calls for removal of Chinese digital trade barriers

Posted in Trade Policy, World Trade Organization
The U.S. International Trade Commission (ITC) is beginning a comprehensive three-part investigation into digital trade and the impact of digital trade barriers, just as the American Enterprise Institute (AEI) has released a new study calling for a World Trade Organization (WTO) case to be filed against China’s barriers to digital trade and e-commerce. The ITC… Continue Reading

USTR Files Landmark WTO Complaint, on Behalf of Wiley Rein Client, on China’s Subsidies to Aluminum Producers

Posted in Announcements, Antidumping, World Trade Organization
On behalf of Wiley Rein LLP’s client, Century Aluminum, United States Trade Representative Michael Froman today filed one of the largest and most complicated World Trade Organization (WTO) cases in recent years. The landmark case challenges China’s subsidization of its aluminum industry and seeks to remedy the injury the Chinese government’s policies are causing to the… Continue Reading

U.S. Trade Representative Notes China’s Lack of Progress on Overcapacity, State-Owned Enterprises

Posted in Trade Agreement Compliance, Trade Policy, World Trade Organization
In a new report on China’s compliance with its WTO obligations, the U.S. Trade Representative (USTR) highlights a number of shortcomings, including industrial overcapacity and the prominence of state-owned enterprises (SOEs).  The report emphasizes that “excess capacity in China . . . hurts U.S. industries and workers not only because of direct exports from China… Continue Reading

Could Section 301 Return to Prominence?

Posted in Trade Agreement Compliance, Trade Negotiations, Trade Policy, Trade Remedies, World Trade Organization
Of the policy questions related to the incoming Trump Administration, one of the most compelling is whether the new President will revive Section 301 of the Trade Act of 1974 as a major component of U.S. trade policy.  Mr. Trump’s call to “direct all appropriate agencies to use every tool under American and international law… Continue Reading

China’s Request for Market Economy Status

Posted in Antidumping, World Trade Organization
As anticipated, the Chinese government today requested consultations with the United States at the World Trade Organization (WTO) regarding the use of the “non-market economy” (NME) methodology in antidumping investigations. Wiley Rein represents numerous U.S. industries that oppose China’s request for market economy status. China bases its request on the December 11, 2016, expiration of… Continue Reading

U.S. Lodges WTO Complaint Requesting that China Clear Its Crop Subsidies

Posted in World Trade Organization
On September 13, 2016, the United States filed a complaint with the World Trade Organization (WTO) alleging that China has unfairly subsidized the production of Chinese rice, wheat, and corn. The U.S. government’s complaint takes issue with China’s “market price support” subsidy program, in which the Chinese government sets the minimum price at which it… Continue Reading

WTO Appellate Body Rules Against U.S. in Large Residential Washers from Korea Case

Posted in World Trade Organization
This past Wednesday, the World Trade Organization (WTO) Appellate Body made its ruling in a challenge brought by Korea on the U.S. antidumping and countervailing duty case involving large residential washers from Korea. This ruling, which was largely unfavorable to the United States, is the result of appeals brought by both Korea and the United… Continue Reading

U.S. G20 Fact Sheet: Mixed Signals on Industrial Overcapacity

Posted in Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
On September 5, 2016, the White House issued a Fact Sheet summarizing outcomes from the recent G20 summit in Hangzhou, China.  On the issue of overcapacity, the Fact Sheet incorporates language promoted by China leading up to the summit, characterizing “excess capacity in steel and other industries” as “a global issue that requires a collective… Continue Reading

WTO Panel Strikes Down India’s Domestic Content Requirements on Solar Cells and Modules

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, World Trade Organization
A World Trade Organization Panel today issued a report finding that Indian domestic content requirements covering solar cells and modules used by solar power generators violate Article III:4 of the General Agreement on Tariffs and Trade (GATT) and Article 2.1 of the Agreement on Trade-Related Investment Measures. This is a notable victory for the United… Continue Reading

China’s WTO Subsidy Notifications – The Drama Continues

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies, World Trade Organization
In a World Trade Organization (WTO) submission filed on January 28, the United States once again took issue with the substance of China’s subsidy notifications to the WTO.  The WTO’s  Agreement on Subsidies and Countervailing Measures (SCM Agreement) requires WTO Members to provide annual notifications of any subsidy programs in a manner that is “sufficiently specific… Continue Reading

Congress Moves Forward on ENFORCE Trade Evasion Legislation

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
  Congress took an important step toward strengthening U.S. trade law enforcement by moving forward a conference report on the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), which includes the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act. ENFORCE addresses the serious and growing problem of evasion of antidumping and countervailing duties.… Continue Reading

USTR Submits Third China Subsidies “Counter-Notification” in Four Years

Posted in Manufacturing, Trade Agreement Compliance, Trade Policy, World Trade Organization
On October 19, the United States Trade Representative (USTR) invoked Article 25.10 of the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (Subsidies Agreement) to notify the Chinese government of a list of measures that the United States believes should be reported to the WTO as subsidy programs. This “counter-notification” is the third… Continue Reading

Treatment of China as a Non-Market Economy Country After 2016

Posted in Antidumping, World Trade Organization
When China joined the World Trade Organization (WTO) in 2001, there was general agreement that because of the Chinese government’s pervasive control over prices, it would be unrealistic to require other WTO members to use Chinese prices and costs in antidumping investigations of Chinese imports. This agreement was embodied in Section 15 of China’s Protocol… Continue Reading

China Emphasizes Political Objectives Over Market Principles in New Statements on SOE Reform

Posted in Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
Large portions of China’s economy are dominated by state-owned enterprises (SOEs) and financial institutions that do not operate on the basis of market competition.  Recent official pronouncements make clear that any reforms that may occur in the Chinese economy during the Xi Jinping era will not include relinquishing government control over these SOEs. A widely… Continue Reading

Treasury Should Assess the Purpose of Korea’s Currency Manipulation

Posted in Manufacturing, Trade Agreement Compliance, World Trade Organization
On April 9, 2015, the U.S. Department of the Treasury released its Semi-Annual Report to Congress on International Economic and Exchange Rate Policies. Once again, Treasury concluded that “no major trading partner of the United States met the standard of manipulating the rate of exchange between their currency and the United States dollar for purposes… Continue Reading

United States Asks WTO to Examine “Pervasive” AD/CVD Duty Evasion

Posted in Dumping and Subsidies, Manufacturing, TPA, TPP, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
The United States took another step this week to turn up the heat on companies who evade antidumping and countervailing duties, by asking a World Trade Organization committee to investigate the growing problem of antidumping duty “evasion services.” In a March 16 submission to the WTO Committee on Anti-Dumping Practices Informal Group on Anti-Circumvention, the… Continue Reading

Using Stronger Trade Laws to Build Support for TPA, TPP

Posted in Dumping and Subsidies, TPA, TPP, Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
The Obama Administration and Congress have what many experts view as a critically important opportunity to create jobs, expand trade and manufacturing, and improve the global rules of international trade.  This opportunity comes by way of the Trans-Pacific Partnership (TPP) free trade negotiations, which are now drawing to a close.  If approved, TPP would be… Continue Reading

Trains, Chips, and Servers: China Moves to Corner the IT Market

Posted in Manufacturing, Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
The China Banking Regulatory Commission (CBRC) has issued a plan calling for “sinification” of the Chinese banking industry’s IT infrastructure, including computers, network equipment, data storage equipment, security devices, software, and other items. The plan would require that 75 percent of this IT infrastructure be Chinese-sourced by 2019.  While this state-mandated shift to domestic products… Continue Reading

WTO Decisions Create Questionable Standards for Subsidies Benchmarks

Posted in Dumping and Subsidies, Trade Agreement Compliance, Trade Remedies, World Trade Organization
In two recent disputes, the World Trade Organization (WTO) Appellate Body issued reports that make the world safer for subsidized exports.  Following decisions that restrict the Department of Commerce’s (“Commerce”) ability to identify state-owned enterprises as “public entities,” these reports raise important questions, including: Why is the Appellate Body issuing decisions that arguably safeguard state… Continue Reading

Who Manipulates Their Currency? Treasury says No One.

Posted in Manufacturing, Trade Agreement Compliance, World Trade Organization
On October 16, the U.S. Department of the Treasury released its Semi-Annual Report to Congress on International Economic and Exchange Rate Policies.  The report considers whether countries manipulate the rate of exchange between their currency and the United States dollar for purposes of preventing effective balance of payments adjustments or gaining unfair competitive advantage in… Continue Reading
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