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

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  • Janow, Merit E.
  • Staiger, Robert W.

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.

Suggested Citation

  • Janow, Merit E. & Staiger, Robert W., 2003. "US – Export Restraints: United States – Measures Treating Export Restraints as Subsidies," World Trade Review, Cambridge University Press, vol. 2(S1), pages 201-235, January.
    • Handle: RePEc:cup:wotrrv:v:2:y:2003:i:s1:p:201-235_00
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    Cited by:

    1. Eugene Beaulieu & Denise Prévost, 2019. "Subsidy Determination, Benchmarks and Adverse Inferences: Assessing ‘benefit' in US – Coated Paper (Indonesia)," RSCAS Working Papers 2019/76, European University Institute.

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