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US – Export Restraints: United States – Measures Treating Export Restraints as Subsidies*

Published online by Cambridge University Press:  16 September 2015

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This study examines the dispute brought before the World Trade Organization (WTO) concerning the United States – Measures Treating Export Restraints as Subsidies (WT/DS 194), euphemistically referred to herein as US – Export Restraints. In this dispute, Canada challenged the US treatment of export restraints under US countervailing duty law and practice. The principal legal focus was therefore on the WTO Subsidies and Countervailing Measures (SCM) Agreement. This is one of a handful of WTO cases where the complainant (Canada) was not challenging the application of a governmental measure (by the US here) but rather the WTO consistency of existing legal measures. Essentially, Canada claimed that certain US legislation along with established practice by the US Department of Commerce constitute a violation of US obligations under the SCM Agreement.

Type
Research Article
Copyright
Copyright © Cambridge University Press 2003

References

Bagwell, Kyle and Staiger, Robert W. 2002. The Economics of the World Trading System. Boston, MA: MIT Press.Google Scholar
Bagwell, Kyle and Staiger, Robert W.In process. Subsidy agreements.Google Scholar
Lerner, A. P. 1939. The symmetry between import and export taxes. Economica 3 (August): 308–13.Google Scholar
McKinnon, Ronald I. 1966. Intermediate products and differential tariffs: a generalization of Lerner’s symmetry theorem. Quarterly Journal of Economics 80 (November): 584615.CrossRefGoogle Scholar
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