Brooke Ringel

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U.S.-Mexico-Canada Trade Agreement: Intellectual Property Provisions for the Modern Age

On October 1, 2018, the United States, Canada, and Mexico announced that they had reached an agreement to “modernize” the 24-year old North American Free Trade Agreement (NAFTA). When NAFTA came into effect, it created the largest free trade region in the world. Since then, developments in virtually every sector and the advent of cross-border … Continue Reading

Comment Opportunity: U.S.-Japan Trade Agreement

The Office of the U.S. Trade Representative (USTR) has opened a public comment period in connection with the proposed U.S.-Japan Trade Agreement negotiations.  On October 16, 2018, USTR notified Congress of its intent to enter into trade talks with Japan.  Those discussions cannot begin until mid-January 2019 at the earliest under the requirements of the … Continue Reading

U.S. Opens Trade Talks with EU, Japan, and the UK

Yesterday, the Office of the U.S. Trade Representative (“USTR”) officially notified Congress that it would be launching separate trade discussions with the European Union, Japan, and the United Kingdom.  The letters sent to Congress provide notice of the Administration’s intent to negotiate trade agreements with each partner as required by the Bipartisan Congressional Trade Priorities … Continue Reading

United States and South Korea Sign Updated FTA

On Monday, President Trump and President Moon Jae-in of South Korea signed a revised U.S.-Korea (known as “KORUS”) free trade agreement on the sidelines of the United National General Assembly meeting this week in New York.  In April 2017, President Trump indicated that he wanted to either renegotiate or terminate the then-five year old agreement.  … Continue Reading

Commerce Initiates National Security Investigation Into Uranium Imports

On Wednesday, July 18, the Department of Commerce announced that it would begin investigating the effects of uranium imports on the national security interests of the United States.  The investigation will be conducted under Section 232 of the Trade Expansion Act of 1962.  Two U.S. uranium producers – Ur-Energy and Energy Fuels Resources Inc. – … Continue Reading

WTO Declines to Find Australia’s Tobacco Product Packaging Restrictions Inconsistent with Trade Rules

Last week, a WTO dispute settlement panel ruled that Australia’s plain packaging rules for tobacco products do not violate WTO rules.  In April 2012, Honduras requested consultations with Australia at the WTO over Australia’s 2011 law banning logos, trademarks, and other distinctive packaging for tobacco products in favor of uniform-color packages with health-related warnings and … Continue Reading

President Trump Targets Chinese Investments in the United States

On Wednesday, President Trump issued a statement in support of restrictions on Chinese investment in the United States in firms with critical technologies, and in greater protection of those technologies through enhanced export controls.  In particular, the President has thrown his support behind the Foreign Investment Risk Review Modernization Act (FIRRMA), bipartisan legislation that passed … Continue Reading

Treasury Declines to Name China a Currency Manipulator

On April 13, 2018, the Treasury Department released its biannual report to Congress on the Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, which declined to formally label China a currency manipulator under the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”). This is the third such report … Continue Reading

Gil Kaplan Confirmed as Undersecretary of Commerce for International Trade

Yesterday evening, the Senate confirmed Gilbert Kaplan to serve as Undersecretary of Commerce for International Trade, after his April 2017 nomination and September 2017 confirmation hearing.  In this position, Mr. Kaplan will oversee Commerce’s trade remedy functions and export promotion activities.  He arrives at Commerce at a particularly critical period as the Administration tackles a … Continue Reading

Global Trade Flows Are Expanding, But Is There a Reason for Optimism?

Last Friday, the CPB Netherlands Bureau for Economic Policy Analysis, as part of its World Trade Monitor, reported that global trade flows – the volume of export and imports of goods – was 4.5% higher in 2017 than in 2016.  This is an important finding because it marks the biggest rate of year-in-year expansion since … Continue Reading

Trans-Pacific Partnership: A Final Deal Reached Without the United States

Earlier this week, the remaining 11 parties to the Trans-Pacific Partnership (TPP) negotiations announced the conclusion of negotiations and that an agreement will be signed on March 8, 2018.  The parties to the agreement (rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership) are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, … Continue Reading

The U.S. Fights Back at the WTO on China’s NME Status

Last week, the United States filed its first legal analysis of the China non-market economy issue in a dispute at the World Trade Organization brought by China against the European Union. As we have reported here and here, the question of whether the United States would continue to treat China as an non-market economy (“NME”) … Continue Reading

Commerce Continues China’s Status as a Non-Market Economy

On October 26, 2017, the Department of Commerce  announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis.  Commerce’s decision continues the long-standing practice of the agency with respect to the antidumping methodology it applies to cases involving China. Commerce was spurred to review … Continue Reading

Commerce Announces Preliminary Determinations on Carbon and Steel Wire Rod from Turkey and Italy

Yesterday, the Department of Commerce announced its preliminary determinations in the countervailing duty investigations on carbon and alloy steel wire rod from Turkey and Italy.  Commerce reached affirmative determinations in both cases, finding that wire rod producers in those countries benefitted from government subsidies.  Specifically, Commerce found an overall subsidy rate of 1.70 percent ad … Continue Reading

Russia Under Scrutiny

Earlier this month, the Office of the U.S. Trade Representative (“USTR”) published a notice seeking public comment and participation in a hearing on Russia’s implementation of its obligations under the World Trade Organization (“WTO”). Public comments, summaries of hearing testimony, and requests to appear at the hearing are due on September 22, 2017.  The hearing … Continue Reading

Siemens Cracks Down on Russian Sanctions Evasion

Siemens, a German corporation, has announced that it will no longer deliver power plant equipment to state-controlled firms in Russia after it claimed to discover that Siemens’ Russian customer, Technopromexport, had diverted gas power plant turbines to the disputed territory of Crimea. The United States and the European Union have implemented sanctions targeting Crimea since … Continue Reading

India Challenges the United States’ Compliance on Cross-Cumulation

Earlier this month, India requested consultations with the United States at the WTO on the United States’ compliance with a WTO Appellate Body (AB) ruling from 2014.  That AB ruling held, in part, that the U.S. ITC had inappropriately “cross-cumulated” both dumped and subsidized subject imports in determining whether hot-rolled steel from several countries caused … Continue Reading

Results of the OECD Ministerial and a New Ambassador for the United States

The Ministerial Council of the Organization of Economic Cooperation and Development (OECD) wrapped up a two-day meeting this week with a joint statement for the organization’s policy priorities.  The OECD was established in 1961 as a forum for democratic, market economies to exchange economic and social policy ideas, collect data, and identify best practices.  This … Continue Reading

Preliminary Affirmative Determination in Tool Chests and Cabinets from China and Vietnam

On May 25th, the U.S. International Trade Commission (“ITC”) reached an affirmative preliminary determination, finding that the there is a reasonable indication that domestic industry producing tool chests and cabinets have been injured by unfairly traded imports from China and Vietnam.  Tool chests and cabinets are metal tool storage units, with two or more drawers, … Continue Reading
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