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

Abstract

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.

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Bagwell Kyle and Staiger Robert W. 2002. The Economics of the World Trading System. Boston, MA: MIT Press.
Bagwell Kyle and Staiger Robert W.In process. Subsidy agreements.
Lerner A. P. 1939. The symmetry between import and export taxes. Economica 3 (August): 308–13.
McKinnon Ronald I. 1966. Intermediate products and differential tariffs: a generalization of Lerner’s symmetry theorem. Quarterly Journal of Economics 80 (November): 584615.
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World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
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