Category Archives: WTO

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Impact of a No-Deal Brexit on Agri-Food Business

Both the EU and the UK are eager to achieve a Brexit deal.  However, with time running short and red lines continuing to be drawn on both sides, a no-deal Brexit scenario remains a possibility.  For this reason, both the EU27 and the UK are expediting preparations for a hard Brexit.  Absent any temporary arrangements, … 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

Chinese “Dumping” Duties Alter Grain Markets

The grain industry is reacting to the “temporary” Chinese preliminary antidumping duty of 178.6% on sorghum shipped from the United States, announced April 17, 2018. Reuters reported that Chinese importers of sorghum, a grain used to create ethanol and feed livestock, have asked the government in Beijing to waive the duties.  After the duties were … Continue Reading

South Korea Takes Fukushima Seafood Ban to WTO Appellate Body

South Korea announced on Friday that it will appeal to the WTO Appellate Body a panel ruling in favor of Japan’s challenge to South Korea’s ban on imports of Japanese seafood products after the Fukushima nuclear incident, which occurred in 2011.  In 2013, South Korea joined several other countries and placed import restrictions on 28 … Continue Reading

South Korea Launches WTO Dispute Against the U.S. Challenging Multiple Provisions of U.S. Law and Commerce Department Proceedings

Last week, South Korea requested consultations with the United States at the WTO, launching a significant dispute that challenges both individual investigations and administrative reviews conducted by the Commerce Department, as well as broader aspects of U.S. antidumping and countervailing duty law.  Korea’s broader “as such” challenge targets provisions of U.S. law, including the 2015 … Continue Reading

Wine Wars: Australia takes Canada to WTO Alleging Discriminatory Rules Governing Wine Sales

On January 12, 2018, Australia brought a historical first WTO trade dispute against Canada.  The request for consultations alleges that the Canadian Government and the Canadian provinces of British Columbia (“B.C.”), Ontario, Quebec and Nova Scotia discriminated against imported Australian wine by maintaining discriminatory trade measures governing  the sale of wine.  The alleged discriminatory measures … Continue Reading

Canada Challenges Certain United States Antidumping and Countervailing Duty Measures

On January 10, 2018, Canada circulated to WTO members a request for consultations challenging several aspects of the United States antidumping and countervailing proceedings. The request for consultation is available on the WTO’s website and can be found here. In particular, Canada challenges: the way in which the U.S. Department of Commerce refunds cash deposits … Continue Reading

U.S., EU and Japan Unite Against Excess Capacity and Other Distortive Trade Practices

The U.S., EU and Japan issued a joint statement at the 11th Ministerial of the World Trade Organization in Buenos Aires, pledging trilateral cooperation to combat a number of unfair market distorting and protectionist practices by third countries, including severe excess capacity, government-financed support, market-distorting subsidies, state owned enterprises, forced technology transfer, and local content … 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

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

Trump Announces Two Key Trade Nominations and WTO Taps U.S. Trade Attorney for Deputy Director-General Post

According to a White House Statement issued on June 26th, President Donald Trump intends to nominate two important trade positions within the U.S. Department of Commerce (“Commerce”) and the International Trade Commission (“USITC”). Peter B. Davidson, Senior Vice President for Congressional Relations at Verizon Communications, was selected by President Trump to be general counsel of … 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
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