Although some observers thought the Office of the U.S. Trade Representative's reaction to losing cases filed by Norway, Switzerland, Turkey and China at the World Trade Organization over its steel and aluminum tariffs marked a new era of rejecting the rules-based trading system, others who had served either in the WTO or the U.S. government said there was nothing too surprising about the U.S. reaction to its loss.
Lawyers from BakerHostetler that represent the Conseil de l’industrie forestière du Québec and the Ontario Forest Industries Association are using a Commerce Department comment process for softwood lumber subsidies to argue once again that the countervailing duty case against Canadian lumber exports contradicts the USMCA Environment Chapter commitments and Biden administration environment and social justice priorities.
Solar developers, installers, manufacturers, and solar array accessory providers are asking Commerce Secretary Gina Raimondo to reject claims that solar panels made in Southeast Asia are really of Chinese origin, and therefore, are circumventing antidumping and countervailing duties on Chinese solar panel exports.
There's a consensus on the need for reform at the World Trade Organization, according to Assistant U.S. Trade Representative for WTO and Multilateral Affairs Andrea Durkin, but since member countries have different ideas about what reform is, and different ideas about how to achieve it, it will be a "significant challenge" to make changes in Geneva.
Sen. Rob Portman, R-Ohio, who is retiring from Congress at year's end, told an audience at the Center for Strategic and International Studies that he was disappointed there were no trade items in the Creating Helpful Incentives to Produce Semiconductors and Science (CHIPS) Act. "But I’m ready to negotiate a grand bargain on trade in this lame-duck session," he said in a video address Oct. 17. Portman was scheduled to participate in a roundtable of former U.S. trade representatives but was traveling overseas on an official congressional trip.
Sens. Chuck Grassley, R-Iowa, Marco Rubio, R-Fla., and Tom Cotton, R-Ark., told U.S. Trade Representative Katherine Tai that they do not want the World Trade Organization Appellate Body to be resurrected. The WTO no longer has binding dispute settlement, because members can appeal into the void if they do not like the results of a case in Geneva.
A day before the House is expected to pass a bill, the Inflation Reduction Act, that includes electric vehicle tax credits with strings attached for sourcing and assembly, activists and analysts are reacting to European Union's argument that the EV tax credit violates World Trade Organization rules.
Trade ministers meeting at the World Trade Organization in Geneva agreed to a partial solution to harmful subsidies for fishing fleets, an intellectual property waiver for Covid vaccines, and to allow sale of commodities to the World Food Program even if the product is otherwise subject to export restrictions. The countries that attended the ministerial conference also agreed to extend the moratorium on tariffs on electronic transmissions.
A top official in the Office of the U.S. Trade Representative said that opposition to extending a moratorium on tariffs on sales of intangible goods has surfaced before, but that the e-commerce moratorium has been renewed at every World Trade Organization ministerial conference since 1998. "There are a few countries, despite benefiting from e-commerce and digital trade, who continue to resist an extension of the moratorium," she said, but most countries, including in the developing world, see the tariff-free status as important.
A week before U.S. Trade Representative Katherine Tai heads to Geneva for the World Trade Organization's ministerial conference, she said she's excited for what the meeting could bring, though she avoided predicting that either an intellectual property waiver for COVID-19 vaccines would be approved, or that the 20-year fisheries negotiations would be closed.